I
104TH CONGRESS
1ST SESSION
H. R. 2253
To amend the Endangered Species Act of 1973 to create a mechanism
by which information may flow between local communities and govern-
ments and the Federal Government regarding the designation of critical
habitat and the establishment of National Wildlife Refuges under that
Act.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 4, 1995
Mr. UNDERWOOD introduced the following bill; which was referred to the
Committee on Resources
A BILL
To amend the Endangered Species Act of 1973 to create
a mechanism by which information may flow between
local communities and governments and the Federal Gov-
ernment regarding the designation of critical habitat and
the establishment of National Wildlife Refuges under
that Act.
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 ‘‘Endangered Species
Community Advisory Board Act of 1995’’.
SEC. 2. AUTHORITY TO ESTABLISH COMMUNITY ADVISORY
BOARDS UNDER ENDANGERED SPECIES ACT
OF 1973.
The Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) is amended by adding at the end the follow-
ing new section:
‘‘COMMUNITY ADVISORY BOARDS
‘‘SEC. 19. (a) ESTABLISHMENT.—(1) The Secretary
shall establish an Endangered Species Community Advi-
sory Board (in this section referred to as a ‘community
advisory board’) in connection with the designation of an
area under this Act as critical habitat or as a National
Wildlife Refuge.
‘‘(2) Each community advisory board—
‘‘(A) shall be comprised of 12 members ap-
pointed by the Secretary from among individuals
recommended by the Governor of the State in which
is located the area for which the advisory board is
established; and
‘‘(B) shall have as its chairperson a member of
the advisory board who is an elected official of a
local government in that area and who is designated
as chairperson by the Secretary.
‘‘(3) The term of a member of a community advisory
board shall be 4 years, except that of the members first
appointed—
‘‘(A) 3 shall be appointed for an initial term of
1 year;
‘‘(B) 3 shall be appointed for an initial term of
2 years; and
‘‘(C) 3 shall be appointed for an initial term of
3 years;
as specified by the Secretary at the time of appointment.
‘‘(4) Individuals who are Federal employees may not
comprise a majority of the total number of members of
a community advisory board.
‘‘(5) The Secretary shall prescribe regulations re-
garding the establishment, characteristics, composition,
and funding of community advisory boards. However, the
issuance of regulations shall not be a precondition to the
establishment of a community advisory board or affect the
existence or operation of a community advisory board es-
tablished before the effective date of this section.
‘‘(6) The Secretary may provide for the payment of
routine administrative expenses of a community advisory
board established for an area from funds available for ac-
tivities relating to study of the area to determine whether
to designate the area as critical habitat or as a National
Wildlife Refuge.
‘‘(b) ASSISTANCE FOR CITIZEN PARTICIPATION.—(1)
Subject to the availability of appropriations, the Secretary
shall make available funds to facilitate the participation
of individuals from the private sector on community advi-
sory boards for the purpose of ensuring public input into
the designation of areas as critical habitat or National
Wildlife Refuges.
‘‘(2) The private individuals who are members of a
community advisory board are eligible for funding assist-
ance under this subsection only if they reside in the vicin-
ity of the area for which the community advisory board
is established. For accounting and financial management
purposes, such funds shall be paid to and administered
by the community advisory board on which the private in-
dividuals are members, subject to paragraph (3).
‘‘(3) Individuals who are local community members
of a community advisory board may use funds made avail-
able under this paragraph only—
‘‘(A) to obtain technical assistance of experts in
interpreting scientific data, material, and issues re-
garding protection of endangered species; and
‘‘(B) to educate the local community in under-
standing such data, material, and issues.
‘‘(c) CONSULTATION BY SECRETARY.—If a commu-
nity advisory board is established for an area, the Sec-
retary, before designating any of the area under this Act
as critical habitat or as a National Wildlife Refuge,
shall—
‘‘(1) consult with and seek the advice and rec-
ommendations of the board regarding—
‘‘(A) identifying the needs and concerns of
the affected local community and individual
landowners;
‘‘(B) monitoring scientific studies and sur-
veys used to determine the need for designation
of the area as critical habitat or a National
Wildlife Refuge, before that designation; and
‘‘(C) addressing land use strategies and
management; and
‘‘(2) publish recommendations received from the
board within 180 days after the date the Secretary
initiates consultation under paragraph (1).
‘‘(d) MONITORING AND REPORTING BY COMMUNITY
ADVISORY BOARDS.—Each community advisory board
shall, with respect to critical habitat or a National Wildlife
Refuge for which it was established—
‘‘(1) monitor and periodically report to the Sec-
retary on progress made in the conservation and re-
covery of species for which that critical habitat or
Refuge was designated; and
‘‘(2) periodically review and report to the Sec-
retary regarding the continued accuracy and suffi-
ciency of the scientific findings that were the basis
of that designation.
‘‘(e) STATE
DEFINED.—Notwithstanding section
3(17), in this section the term ‘State’ means any of the
several States, the District of Columbia, the Common-
wealth of Puerto Rico, American Samoa, the Virgin Is-
lands, Guam, and the Commonwealth of the Northern
Mariana Islands.’’.
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