I
105TH CONGRESS
1ST SESSION
H. R. 478
To amend the Endangered Species Act of 1973 to improve the ability of
individuals and local, State, and Federal agencies to comply with that
Act in building, operating, maintaining, or repairing flood control
projects, facilities, or structures.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 21, 1997
Mr. HERGER (for himself and Mr. POMBO) introduced the following bill; which
was referred to the Committee on Resources
A BILL
To amend the Endangered Species Act of 1973 to improve
the ability of individuals and local, State, and Federal
agencies to comply with that Act in building, operating,
maintaining, or repairing flood control projects, facilities,
or structures.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Flood Prevention and
Family Protection Act of 1997’’.
SEC. 2. PURPOSE.
The purpose of this Act is to improve the ability of
individuals and local, State, and Federal agencies to com-
ply with the Endangered Species Act of 1973 in building,
operating, maintaining, or repairing flood control projects,
facilities, or structures to address imminent threats to
public health or safety or catastrophic natural events or
to comply with Federal, State, or local public health or
safety requirements.
SEC. 3. AMENDMENTS TO ENDANGERED SPECIES ACT OF
1973.
(a) ACTIONS EXEMPT FROM CONSULTATION AND
CONFERENCING.—Section 7(a) of the Endangered Species
Act of 1973 (16 U.S.C. 1536(a)) is amended by adding
at the end the following new paragraph:
‘‘(5) Consultation and conferencing under paragraphs
(2) and (4) is not required for any agency action that—
‘‘(A) consists of building, operating, maintain-
ing, or repairing a Federal or non-Federal flood con-
trol project, facility, or structure—
‘‘(i) to address a critical, imminent threat
to public health or safety;
‘‘(ii) to address a catastrophic natural
event; or
‘‘(iii) to comply with Federal, State, or
local public health or safety requirements; or
‘‘(B) consists of routine operation, mainte-
nance, rehabilitation, repair, or replacement of a
Federal or non-Federal flood control project, facility,
or structure, including operation of a project or a fa-
cility in accordance with a previously issued Federal
license, permit, or other authorization.’’.
(b) PERMITTING TAKINGS.—Section 9(a) of such Act
(16 U.S.C. 1538(a)) is amended by adding at the end the
following new paragraph:
‘‘(3) For purposes of this subsection, an activity of
a Federal or non-Federal person is not a taking of a spe-
cies if the activity—
‘‘(A) consists of building, operating, maintain-
ing, or repairing a Federal or non-Federal flood con-
trol project, facility, or structure—
‘‘(i) to address a critical, imminent threat
to public health or safety;
‘‘(ii) to address a catastrophic natural
event; or
‘‘(iii) to comply with Federal, State, or
local public health or safety requirements; or
‘‘(B) consists of routine operation, mainte-
nance, rehabilitation, repair, or replacement of a
Federal or non-Federal flood control project, facility,
or structure, including operation of a project or a fa-