Union Calendar No. 50
105TH CONGRESS
1ST SESSION
H. R. 478
[Report No. 105–75]
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 re-
pairing flood control projects, facilities, or struc-
tures.
APRIL 24, 1997
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed
IB
Union Calendar No. 50
105TH CONGRESS
1ST SESSION
H. R. 478
[Report No. 105–75]
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
APRIL 24, 1997
Additional sponsors: Mr. RADANOVICH, Mr. ROHRABACHER, Mr. DOOLITTLE,
Mr. LEWIS of California, Mr. HOSTETTLER, Mr. YOUNG of Alaska, Mr.
HULSHOF, Mr. NETHERCUTT, Mr. SMITH of Oregon, Mrs. EMERSON,
Mrs. CHENOWETH, Mr. LARGENT, Mr. MCINTOSH, Mr. DELAY, Mr.
HASTINGS of Washington, Mr. BONO, Mr. WICKER, Mr. KIM, Mr.
GALLEGLY, Mr. CONDIT, Mr. SESSIONS, Mr. TAUZIN, and Mr. PACKARD
APRIL 24, 1997
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on January 21, 1997]
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 reduce the regulatory bur-
den on individuals and local, State, and Federal agencies
in complying with the Endangered Species Act of 1973 in
reconstructing, operating, maintaining, or repairing flood
control projects, facilities, or structures to address immi-
nent threats to public health or safety or catastrophic natu-
ral 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 CON-
FERENCING.—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—
‘‘(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 maintenance, rehabilitation, re-
pair, or replacement of a Federal or non-Federal flood
control project, facility, or structure, including oper-
ation of a project or a facility in accordance with a
previously issued Federal license, permit, or other au-
thorization.’’.
Amend the title so as to read: ‘‘A bill to amend the
Endangered Species Act of 1973 to reduce the regulatory
burden on individuals and local, State, and Federal agen-
cies in complying with that Act in reconstructing, operat-
ing, maintaining, or repairing flood control projects, fa-
cilities, or structures.’’.