I
103D CONGRESS
1ST SESSION
H. R. 1414
To amend the Endangered Species Act of 1973 to provide for making deter-
minations of whether a species is an endangered species or a threatened
species other than solely on the basis of the best scientific and commer-
cial data available, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 18, 1993
Mr. HANSEN (for himself, Mr. YOUNG of Alaska, Mr. SMITH of Oregon, Mr.
BAKER of Louisiana, Mrs. VUCANOVICH, Mr. DOOLITTLE, Mr. HERGER,
Mr. STUMP, Mr. DORNAN, Mr. SKEEN, Mr. THOMAS of Wyoming, Mr.
TAYLOR of North Carolina, Mr. PACKARD, Mr. GALLEGLY, Mr. HAN-
COCK, Mr. EMERSON, Mr. ARMEY, and Mr. ZELIFF) introduced the fol-
lowing bill; which was referred jointly to the Committees on Merchant
Marine and Fisheries and the Judiciary
A BILL
To amend the Endangered Species Act of 1973 to provide
for making determinations of whether a species is an
endangered species or a threatened species other than
solely on the basis of the best scientific and commercial
data available, 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 ‘‘Human Protection Act
of 1993’’.
SEC. 2. DETERMINATION OF WHETHER SPECIES IS ENDAN-
GERED OR THREATENED.
Section 4(b)(1)(A) of the Endangered Species Act of
1973 (16 U.S.C. 1533(b)(1)(A)) is amended by striking
‘‘solely’’.
SEC. 3. REQUIREMENT THAT POTENTIAL ECONOMIC BENE-
FITS OF ACTION UNDER ENDANGERED SPE-
CIES ACT OUTWEIGH POTENTIAL ECONOMIC
COSTS.
(a) REQUIREMENT.—Section 4(b) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(b)) is amended by
adding at the end the following new paragraph:
‘‘(9) Notwithstanding any other provision of law, an
action shall not be taken under this Act if—
‘‘(A) the potential economic benefits to society
of the action do not outweigh the potential economic
costs to society of the action, as those benefits and
costs are determined under Executive Order 12291,
as in effect on the June 12, 1991, or
‘‘(B) the action does not otherwise comply with
the requirements of section 2 of that Executive
Order.’’.
(b) CONFORMING AMENDMENT.—Section 4(b)(2) of
the Endangered Species Act of 1973 (16 U.S.C.
1533(b)(2)) is amended in the second sentence by striking
‘‘, unless he determines,’’ and all that follows through the
end of the sentence and inserting a period.
SEC. 4. PROTECTION OF PRIVATE PROPERTY.
(a) IN GENERAL.—No regulation promulgated after
the date of enactment of this Act by any agency shall be-
come effective until the issuing agency is certified by the
Attorney General of the United States to be in compliance
with Executive Order 12630 or similar procedures to as-
sess the potential for the taking of private property in the
course of Federal regulatory activity, with the goal of
minimizing such where possible.
(b) JUDICIAL REVIEW.—
(1) IN
GENERAL.—Judicial review of actions
taken pursuant to this section shall be limited to
whether the Attorney General has certified the issu-
ing agency as in compliance with Executive Order
12630 or similar procedures, such review to be per-
mitted in the same forum and at the same time as
the issued regulations are otherwise subject to judi-
cial review. Only persons adversely affected or
grieved by agency action shall have standing to chal-
lenge that action as contrary to this section. In no
event shall such review include any issue for which
the United States Claims Court has jurisdiction.