I 
114TH CONGRESS 
1ST SESSION 
H. R. 493 
To update avian protection laws in order to support an all-of-the-above 
domestic energy strategy, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 22, 2015 
Mr. DUNCAN of South Carolina (for himself, Mr. JONES, Mrs. BLACK, Mr. 
JOHNSON of Ohio, Mr. BUCSHON, and Mr. MULVANEY) introduced the 
following bill; which was referred to the Committee on Natural Resources 
A BILL 
To update avian protection laws in order to support an 
all-of-the-above domestic energy strategy, and for other 
purposes. 
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 ‘‘Clarification of Legal 
Enforcement Against Non-criminal Energy Producers Act 
of 2015’’ or the ‘‘CLEAN Energy Producers Act of 
2015’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
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(1) The Migratory Bird Treaty Act (MBTA) 
was enacted in 1918 to protect the migratory bird 
population from overhunting and poaching and has 
not been updated to reflect the societal changes that 
have occurred in our Nation over the last 95 years. 
(2) Anyone involved in an otherwise legal activ-
ity may be subject to criminal liability for the unin-
tentional death of any one of over 1,000 species of 
birds protected under the MBTA. 
(3) The Act of June 8, 1940 (chapter 278; 16 
U.S.C. 668), popularly known as the Bald and Gold-
en Eagle Protection Act (BGEPA), was first enacted 
in 1940 to protect the dwindling population of bald 
eagles and amended in 1962 to cover golden eagles 
in order to provide additional protective measures 
for bald eagles and for other purposes. 
(4) The BGEPA includes a program for the 
Federal Government to issue permits in order to 
protect companies from legal liability if eagles are 
unintentionally injured or killed, but the Federal 
Government has failed to issue permits issued under 
the program. 
(5) Among other goals, the BGEPA’s permit 
program was established to assure the protection of 
interests fundamental to the basic operation of our 
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society like agriculture and energy infrastructure de-
velopment and maintenance. 
(6) The BGEPA was successful in helping the 
overall eagle population recover, leading to bald ea-
gles being removed from the list of threatened and 
endangered species in 2007. 
(7) There are differing legal and judicial inter-
pretations regarding the scope of criminality in those 
statutes. 
(8) It appears criminal prosecution under those 
statutes has been subjective, selective, and not ap-
plied uniformly and fairly across all sectors of soci-
ety. 
(9) Those statutes need to be updated to reflect 
significant changes in our Nation over the last half 
century, including the urbanization of rural areas 
and how domestic energy is produced, transmitted, 
and distributed. 
(10) Protecting the avian population and its 
habitat is important. 
(11) Federal enforcement actions should be ap-
propriate, uniform, nondiscriminatory, and just. 
SEC. 3. PERMITS FOR INCIDENTAL TAKE. 
Section 1 of the Act of June 8, 1940 (chapter 278; 
16 U.S.C. 668), popularly known as the Bald and Golden 
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Eagle Protection Act, is amended by adding at the end 
the following: 
‘‘(d) PERMITS FOR INCIDENTAL TAKE.—Upon sub-
mission of a substantially completed application, the Sec-
retary shall issue or deny an eagle take permit for no less 
than 30 years under section 22.26 of title 50, Code of 
Federal Regulations, that authorizes taking of any bald 
eagle or golden eagle that is incidental to, but not the pur-
pose of, an otherwise lawful activity. Failure to issue or 
deny such a permit within a reasonable time (which shall 
not exceed one year) is deemed issuance of such permit, 
and the applicant shall not be subject to liability for any 
incidental take of a bald eagle or golden eagle that is in 
conformity with the information submitted to the Sec-
retary as part of the application for the permit.’’. 
SEC. 4. MIGRATORY BIRD TREATY ACT. 
Section 6(a) of the Migratory Bird Treaty Act (16 
U.S.C. 707(a)) is amended— 
(1) by striking ‘‘shall’’ the first and second 
place it appears and inserting ‘‘shall with intent 
knowingly’’; and 
(2) by adding at the end the following: ‘‘For the 
purposes of this subsection, ‘with intent knowingly’ 
does not include any taking, killing, or other harm 
to any migratory bird that is accidental or incidental 
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to the presence or operation of an otherwise lawful 
activity.’’. 
Æ 
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