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(C) An extremely limited range or popu-
lation.
(D) Other adequate and verifiable scientif-
ically valid data indicating natural or manmade
factors adversely affecting the species’ contin-
ued existence.
(2) DETERMINATION BY THE SECRETARY OF
COMMERCE.—With respect to any animal or plant
over which program responsibilities have been vested
in the Secretary of Commerce pursuant to Reorga-
nization Plan Numbered 4 of 1970 (5 U.S.C.
App.)—
(A) in any case in which the Secretary of
Commerce determines that such animal or plant
should be determined to be endangered, the
Secretary of Commerce shall so inform the Sec-
retary of the Interior, who shall list such animal
or plant in a list published under section (d);
(B) in any case in which the Secretary of
Commerce determines that such animal or plant
should be removed from the list published pur-
suant to subsection (d) the Secretary of Com-
merce shall recommend such action to the Sec-
retary of the Interior, and the Secretary of the
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Interior, if he concurs in the recommendation,
shall implement such action; and
(C) the Secretary of the Interior may not
include any such animal or plant in such list or
remove from the list any such animal or plant
without a prior favorable determination made
pursuant to this section by the Secretary of
Commerce.
(b) PROCEDURES AND REQUIREMENTS FOR DETER-
MINATION.—
(1) BASIS.—The Secretary shall make a deter-
mination under subsection (a)(1) regarding an ani-
mal or plant—
(A) solely on the basis of the independently
verifiable data sufficient to reach a scientific
conclusion, having that data verified by field
testing to the extent practical;
(B) after conducting a review and consid-
ering all information available pursuant to such
a review of the status of the animal or plant;
and
(C) after taking into account those efforts,
if any, being made by any person, State or for-
eign nation, or any political subdivision of a
State or foreign nation, to conserve or protect
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such animals or plants by any means, within
any area under its jurisdiction, or on the high
seas.
(2) PROCEDURE.—To make a determination
under this subsection of whether an animal or plant
is endangered, the Secretary shall—
(A) promptly publish in the Federal Reg-
ister a general notice that a review of the status
of the animal or plant will be undertaken which
includes—
(i) the scientific and common name of
the animal or plant;
(ii) the historical and known range of
the animal or plant;
(iii) the basis for undertaking the re-
view;
(iv) the means and time period for in-
terested parties to submit information for
the review; and
(v) the persons which the Secretary
has or will notify regarding the commence-
ment of a review;
(B) give actual notice of the review to and
invite the comment from—
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(i) the relevant State agency in each
State in which the animal or plant is be-
lieved to occur, and to each county or
equivalent jurisdiction in which the animal
or plant is believed to occur;
(ii) insofar as practical, and in co-
operation with the Secretary of State, to
each foreign nation in which the animal or
plant is believed to occur or whose citizens
harvest the animal or plant on the high
seas;
(iii) to such professional scientific or-
ganizations or individuals as the Secretary
deems appropriate; and
(iv) each owner of property on which
the endangered species is believed to occur,
where reasonably feasible to provide such
individual notice;
(C) publish a notice of the review in a
newspaper of general circulation in each area of
the United States in which the animal or plant
is believed to occur; and
(D) promptly hold, on request one or more
public hearings on the review at a location rea-
sonably convenient to the affected public, if any
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person who is a member of the affected public
files a request for such a hearing within 90
days after the date of publication of general no-
tice under subsection.
(3) DETERMINATION
REQUIRED.—Within the
2-year period beginning on the date on which gen-
eral notice is published in accordance with para-
graph (2)(A) for an animal or plant, the Secretary
shall make one of the following determinations—
(A) a determination that the animal or
plant is not endangered,
(B) a determination that the animal or
plant is endangered,
(C) a determination that although a deter-
mination under subparagraph (B) is warranted,
such a determination is precluded because—
(i) sufficient conservation efforts are
currently underway and additional protec-
tions and resources under this Act are not
necessary or may interfere with the success
of such efforts;
(ii) other laws or regulations provide
adequate protection; or
(iii) a determination under subpara-
graph (B) would interfere with the success
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of more important conservation or recovery
measures which are or will be taken under
this Act.
(4) ACTION
AFTER
DETERMINATION.—Upon
making a determination under paragraph (3) for an
animal or plant, the Secretary shall promptly—
(A) publish in the Federal Register final
regulation to implement such determination;
(B) give actual notice of the determination
(including the complete text of the regulations
required by subparagraph (A)) to—
(i) the relevant State agency in each
State in which the animal or plant is be-
lieved to occur, and to each county or
equivalent jurisdiction in which the animal
or plant is believed to occur;
(ii) insofar as practical, and in co-
operation with the Secretary of State, to
each foreign nation in which the animal or
plant is believed to occur or whose citizens
harvest the animal or plant on the high
seas;
(iii) to such professional scientific or-
ganizations or individuals as he deems ap-
propriate;
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(iv) to any person who submitted com-
ments or requested a public hearing for the
review; and
(v) each owner of property on which
the endangered species is believed to occur,
where reasonably feasible to provide such
individual notice; and
(C) publish a summary of the determina-
tion (including the complete text of the regula-
tion) in a newspaper of general circulation in
each area of the United States in which the ani-
mal or plant is believed to occur.
(c) EMERGENCY LISTING.—
(1) IN GENERAL.—The Secretary may deter-
mine that an animal or plant is in danger of immi-
nent extinction unless immediately included on the
list published pursuant to subsection (e) and may,
without regard to the requirements of subsection (b),
publish notice of such determination in the Federal
Register.
(2) EFFECTIVENESS OF DETERMINATION, GEN-
ERALLY.—A determination under paragraph (1)
shall be effective for a period specified by the Sec-
retary, which may not exceed 1 year.
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(3) LIMITATION ON SUBSEQUENT DETERMINA-
TION.—The Secretary may not renew an emergency
listing more than once.
(4) TERMINATION OF EFFECTIVENESS.—A de-
termination under paragraph (1) shall not be effec-
tive after the date the Secretary publishes notice
thereof in the Federal Register.
(5) ESTABLISHING
AN
EMERGENCY
LISTING
BASIS.—Promptly after making an emergency list-
ing, the Secretary shall conduct a review to deter-
mine whether the animal or plant is endangered in
accordance with the procedures and standards estab-
lished in subsections (a) and (b).
(d) RECOVERY FEASIBILITY.—Within 1 year of de-
termining under section 5 that an animal or plant is en-
dangered, the Secretary shall determine whether recovery
is a feasible goal for the endangered species and shall pub-
lish in the Federal Register such determination and the
basis for it. The Secretary may subsequently change this
finding if necessary because of new information, and shall
promptly publish each such determination in the Federal
Register and include the basis for the determination.
(e) LISTS.—
(1) IN GENERAL.—The Secretary of the Inte-
rior shall publish in the Federal Register and make
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available to the public through electronic means a
list of every animal and plant for which there is in
effect a determination under this section by the Sec-
retary or the Secretary of Commerce that the animal
or plant is endangered.
(2) INFORMATION
INCLUDED.—The list pub-
lished under this subsection shall—
(A) refer to the animals and plants con-
tained therein by scientific and common name
or names, if any, and
(B) specify with respect to such animal or
plant—
(i) over what portion of its range it is
endangered, and
(ii) whether the Secretary has found
recovery to be a feasible goal for the en-
dangered species.
(3) REVISIONS.—The Secretary shall, at least
annually, revise the list published under his sub-
section to reflect recent determinations made in ac-
cordance with this section.
(f) JUDICIAL REVIEW.—
(1) TIME TO PETITION FOR REVIEW.—Any per-
son who may be directly and substantially affected
by any action taken, or determination or finding
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made, pursuant to this section may petition for judi-
cial review of said determination or finding within
180 days of the publication or giving of any notice
that the action was taken or the determination or
finding required by this section was made, or within
1 year of the date at which such publication should
have been made or notice given if notice has not
been made or given.
(2) STANDARDS OF REVIEW.—
(A) the court reviewing a petition pursuant
to this subsection shall invalidate the action of
the Secretary and remand the matter to the
agency for proper proceedings if the Secretary
failed to follow the procedures provided herein.
(B) Upon prima facie showing by the per-
son or persons petitioning for review of the ac-
tion, decision, determination, or finding at issue
that the finding, determination, or other action
does not meet the requirements of, or criteria
established by, this section, the burden shall
shift to the Secretary to establish that the find-
ing, determination, or action at issue was prop-
er and meets the criteria and requirements set
forth in this section.
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(3) The term ‘‘substantial evidence,’’ when ap-
plied to any act or determination under this Act
which is reviewable under the Administrative Proce-
dure Act, means evidence on which a reasonable
member of the profession whose discipline such evi-
dence is offered would rely in making a scientific or
technical determination.
(g) MONITORING.—The Secretary shall implement a
system in cooperation with the States to monitor effec-
tively for not less than 5 years the status of all animals
and plants which—
(1) have recovered to the point at which the
measures provided pursuant to this Act are no
longer necessary; and
(2) which, in accordance with the provisions of
this section, have been removed from the list pub-
lished under subsection (e).
(h) REPORTING.—The Secretary shall report every 2
years to the President and Congress on efforts to conserve
and recover endangered species including—
(1) the status of efforts to develop and imple-
ment recovery plans, including descriptions of the
voluntary and cooperative measures implemented for
all endangered species included in the list published
under subsection (e);
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(2) the status, including population trend data
if available and some measure of the reliability of
such data, of all endangered species;
(3) the animals or plants which have been re-
moved from the list maintained under subsection (e),
the date of each removal, the reason for removal and
the current condition of the animal or plant if it was
listed within the last 5 years;
(4) a list of States which maintain programs to
conserve endangered species (including programs to
conserve animals or plants considered by a state as
in danger of or threatened with extinction but which
have not been determined under this Act to be en-
dangered), the annual expenditures by each State
for those programs and the annual funds and cumu-
lative funds received by the State under section 4 for
expenditure for endangered species included on the
list published under subsections (e) and those state
funds expended on animals and plants which are
considered in danger of or threatened with extinction
by the respective State but not in accordance with
a determination under this Act;
(5) an accounting on an animal by animal or a
plant by plant basis of all reasonably identifiable
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that contribute to the endangered animal’s survival or con-
servation shall be allowed.
(b) INTENTIONAL
KILLING
OR
INJURING
PEN-
ALTY.—Any person who violates subsection (a) of this Act
may be—
(1) assessed a civil penalty of not more than
$25,000; or
(2) fined not more than $25,000 and be impris-
oned for not more than 6 months.
(c) INJUNCTION VIOLATION.—It is unlawful for any
person against whom an injunction or order has been is-
sued pursuant to section 4(e) of this Act to intentionally
and knowingly violate said order.
(d) INJUNCTION VIOLATION PENALTY.—Any person
who violates subsection (c) of this Act may be—
(1) assessed a civil penalty of not more than
$25,000; or
(2) fined not more than $25,000 and be impris-
oned for not more than 6 months.
(e) POACHING AND MALICIOUS KILLING OR INJUR-
ING VIOLATION.—It is unlawful for any person to—
(1) in knowing violation of this Act, maliciously
and in the pursuit of personal gain as a direct result
thereof, intentionally kill or directly and intentionally
physically injure a member of a vertebrate species
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which is properly included in the list published under
section 5(e); or
(2) Maliciously or in the pursuit of personal
gain as a direct result thereof, intentionally and di-
rectly kill or to intentionally and directly physically
injure a member of an endangered species while
trespassing on private property or while in a Na-
tional Park or National Wildlife Refuge.
(f) POACHING AND MALICIOUS KILLING OR INJUR-
ING PENALTY.—Any person who violates subsection (e) of
this Act may, upon conviction, be fined not more than
$50,000 and be imprisoned for not more than 1 year.
(g) OTHER VIOLATIONS.—It is unlawful for any per-
son to—
(1) intentionally capture, collect, or trap or at-
tempt to capture, collect, or trap any listed verte-
brate animal on any property subject to the jurisdic-
tion of the United States and not described in (2);
(2) capture, collect, or trap or attempt to cap-
ture, collect, or trap any listed vertebrate animal
while trespassing on private property or while on
federally owned lands within a National Park or Na-
tional Wildlife Refuge;
(3) directly and intentionally kill or directly and
intentionally physically injure a member of; inten-
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tionally capture, collect, or trap; or attempt to cap-
ture, collect, or trap a member of any listed inverte-
brate animal or plant on any property subject to the
jurisdiction of the United States and not described
in (4); and
(4) directly and intentionally kill or directly and
intentionally physically injure a member of; capture,
collect, or trap; or attempt to capture, collect, or
trap a member of any listed invertebrate animal or
plant while trespassing on private property or while
on federally owned lands within a National Park or
National Wildlife Refuge.
(h) PENALTY FOR OTHER VIOLATIONS.—Any person
who violates—
(1) subsection (g)(1) of this Act may be as-
sessed a civil penalty of not more than $2,500;
(2) subsection (g)(2) of this Act may be as-
sessed a civil penalty of not more than $10,000;
(3) subsection (g)(3) of this Act may be as-
sessed a civil penalty of not more than $250; and
(4) subsection (g)(4) of this Act may be as-
sessed a civil penalty of not more than $1,000.
(i) PROTECTION OF PERSON OR PROPERTY.—Not-
withstanding any other provision of this Act, no penalty
shall be imposed if it can be shown by a preponderance
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of the evidence that the defendant committed an act based
on a good faith belief that the defendant was acting to
protect himself or herself or any other individual from
bodily harm or to protect private property from significant
damage.
(j) PRIOR OWNERSHIP EXEMPTION.—It shall be a
defense against any charge brought under this section ex-
cept (c) that—
(1) the person committing the act did so with
the consent of the owner; and
(2) that the animal or plant was owned prior to
the date of inclusion of its taxonomic unit on the list
published pursuant to section 5(e) of this Act or
that the animal or plant is the progeny of an animal
or plant owned prior to the date of inclusion of its
taxonomic unit on the list published pursuant to sec-
tion 5(e) of this Act or was otherwise lawfully ac-
quired.
(k) SECRETARIAL
WAIVER.—The Secretary may
waive application of (a), (c), (e), and (g) to protect public
health and safety or for national security or a national,
regional, or local emergency.
(l) PERMITTING
ACTIONS.—Notwithstanding any
other provision of this Act, the Secretary shall permit any
person or State to commit actions that, when considered
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individually or in the context of other actions that, when
considered individually or in the context of other actions,
contribute to furthering the conservation of an endangered
species. Such actions may include collection, trapping, and
capturing of an endangered species that further the en-
dangered species’ recovery or conservation.
SEC. 7. OTHER PROVISIONS.
(a) USE OF FEDERAL AUTHORITIES.—Federal de-
partment and agencies shall on Federal lands, in a manner
consistent with the mission of the managing departments
and agencies, and, with the permission of the land owner,
may on State and private lands, seek to conserve or re-
cover endangered species and shall utilize their authorities
in furtherance of the purposes of this Act.
(b) WATER USE.—
(1) COOPERATION
WITH
STATE
AND
LOCAL
GOVERNMENTS.—The head of each Federal agency
shall cooperate with State and local agencies to re-
solve water resource issues in concert with conserva-
tion or recovery of endangered animals and plants in
a manner consistent with and governed by State
water law.
(2) COMPENSATION
FOR
WATER
RIGHTS.—
Water rights protected under State law should not
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be injured or adversely affected in carrying out any
section of this Act without just compensation.
(3) CONTINUITY
OF
ALLOCATION.—This Act
shall not be considered, construed, or interpreted so
as to alter, change, modify, or abrogate in any way
whatsoever the allocation of water among or between
States pursuant to either interstate compacts or de-
cisions of the United States Supreme Court.
(c) ELECTRONIC INFORMATION DISTRIBUTION.—
The Secretary shall—
(1) make available by electronic means, such as
the Internet—
(A) all notices issued by the Secretary
under this Act that would appear in the Federal
Register or other forums of public notice;
(B) all recovery or conservation plans and
statements;
(C) the list published under section 5(e);
(D) the report required by section 5(h);
and
(E) to the extent practicable, other mate-
rials received regarding or produced in imple-
menting this Act; and
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(2) shall seek to make access to information in
paragraph (1) available at minimal cost and incon-
venience to those seeking the information.
SEC. 8. ENDANGERED SPECIES RECOVERY FUND.
(a) ENDANGERED SPECIES RECOVERY FUND GEN-
ERAL.—
(1) ESTABLISHMENT OF FUND.—There is es-
tablished in the Treasury a separate account, which
shall be known as the Endangered Species Recovery
Fund (in this section referred to as the ‘‘Fund’’).
(2) CONTENTS.—The Fund shall consist of all
amounts received by the United States in the form
of—
(A) a portion of fees for admission to Na-
tional Wildlife Refuges, National Parks, Na-
tional Recreation Areas, National Seashores,
National Monuments, or National Forest Areas
where there currently are admission fees;
(B) fees for Lifetime User Passes issued
under subsection (b);
(C) donations under subsection (b);
(D) 10 percent of the amounts received by
the United States each year under leases au-
thorizing oil or gas activities in the Arctic Na-
tional Wildlife Refuge; and
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(E) funds derived from an increased tax on
the unrelated business income of 501(c)(3) or-
ganizations which are primarily devoted to mat-
ters pertaining to the environment which are
hereby increased by 5 percent to provide reve-
nue for this Fund.
(3) USE.—
(A) IN GENERAL.—Amounts in the Fund
shall be available to the Secretary, subject to
the availability of appropriations, only to carry
out this Act.
(b) FUNDING.—
(1) LIMITATION ON FEES.—Nothing in this Act
authorizes the Secretary to—
(A) establish or impose any user or admis-
sion fees for lands for which such a fee is not
in effect on the date of enactment of this Act,
except for federally designated wilderness areas;
(B) increase that portion of any user or
admission fee which shall be directed to the
Fund by more than $1, except for federally des-
ignated wilderness areas; or
(C) direct any more than $1 from any user
or admission fee to the Fund, except for feder-
ally designated wilderness areas.
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(2) LIFETIME USER PASS.—
(A) IN GENERAL.—The Secretary shall es-
tablish and issue to individuals a Lifetime User
Pass, which shall permit an individual to whom
the pass is issued to enter without payment of
any fee any National Park, National Wildlife
Refuge, National Recreation Area, National
Seashore, National Lakeshore, or National
Monument.
(B) FEE.—The Secretary shall impose a
fee for a Lifetime User Pass under this sub-
section in an amount established by the Sec-
retary, not to exceed $500.
(3) DONATIONS.—The Secretary may accept
donations from the public to carry out this Act, ex-
cept that no donation may be accepted under this
subsection from any person having business with or
matters pending before the department of the Sec-
retary.
SEC. 9. ADDITIONAL CONSERVATION INCENTIVES.
(a) PROPERTY TAX CREDIT.—The Secretary of the
Treasury shall allow a credit of 100 percent of the State,
county and local property taxes assessed and paid for pri-
vate property or portion thereof which is managed to pro-
mote the conservation or recovery of an endangered spe-
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cies and which directly contributes to the conservation or
recovery of an endangered species by providing habitat
which is used or occupied by an endangered species. Such
credit shall be applied against the Federal individual or
corporate tax of the owners of the property.
(b) CREDIT
FOR OTHER EXPENSES.—Upon rec-
ommendation by the Secretary of the Interior, the Sec-
retary of the Treasury shall allow a credit of up to 100
percent for expenditures for furthering the conservation
or recovery of an endangered species pursuant to an agree-
ment entered into with the Secretary under this Act. Such
credit shall be applied against the Federal individual or
corporate tax of the person making said expenditures.
(c) ESTATE TAX DEFERRAL.—The Secretary of the
Treasury shall defer collection of any estate taxes owed
and levied against real property for any portion of the
property that directly contributes to the conservation or
recovery of an endangered species for so long as said prop-
erty is used or occupied by an endangered species.
SEC. 10. BIODIVERSITY CONSERVATION TECHNOLOGY.
(a) The Secretary may directly or by contract under-
take activities to further the conservation or recovery of
endangered species by the collection, storing and use of—
(1) genetic materials, eggs, sperm, or tissue of
endangered animals; and
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(2) genetic material, seeds, or tissue of endan-
gered plants.
SEC. 11. CONFORMING AMENDMENTS.
(a) DEFINITION OF HARM.—Section 3 of the Endan-
gered Species Act (16 U.S.C. 1532) is amended by adding
at the end the following new paragraph:
‘‘The term harm means an intentional and direct ac-
tion by a person against any member of an endangered
or threatened species of fish or wildlife that injures or kills
the member other than as an unintended consequence of
otherwise lawful activity.’’.
(b) LIMITATION ON ISSUANCE OF JEOPARDY OPIN-
IONS.—Section 7 of the Endangered Species Act of 1973
(16 U.S.C. 1536) is amended by adding at the end the
following new subsection:
‘‘(q) LIMITATION OF ISSUANCE OF JEOPARDY OPIN-
IONS.—Notwithstanding any other provision of this Act,
an action permitting activity on private property shall not
be subject to the requirements or procedures outlined in
this section.
(c) TERMINATION OF AUTHORITIES TO DETERMINE
ENDANGERED
AND THREATENED SPECIES
AND DES-
IGNATE CRITICAL HABITAT.—Section 4 of the Endan-
gered Species Act of 1973 (16 U.S.C. 1533) is amended
by adding at the end the following new subsection:
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‘‘(j) TERMINATION OF AUTHORITIES TO DETERMINE
ENDANGERED
AND THREATENED SPECIES
AND DES-
IGNATE CRITICAL HABITAT.—After the date of enactment
of this Act, the Secretary may not any action under En-
dangered Species Act of 1973 to—
‘‘(1) determine that a species is a threatened
species or an endangered species; or
‘‘(2) designate critical habitat of a species.’’.
(d) TREATMENT OF SPECIES LISTED UNDER THE
ENDANGERED SPECIES ACT OF 1973.—
(1) All species determined to be endangered
species or threatened species pursuant to section 4
of the Endangered Species Act of 1973 shall be in-
cluded on the list published pursuant to section 5 of
this Act, except that the Secretary shall—
(A) within 4 years after the enactment of
this Act—
(i) determine whether each species in-
cluded on the list published under section
4(C) of the Endangered Species Act of
1973 on the date of enactment of this Act
meets the criteria for listing provided in
section 5;
(ii) remove from the list published
pursuant to section 5 of this Act those spe-
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cies determined not to meet the criteria of
section 5; and
(B) within 2 years of determining that a
species shall remain on the list pursuant to sub-
paragraph (A), the Secretary shall—
(i) develop a plan for the recovery or
conservation of the species, unless the Sec-
retary finds that such a plan will not pro-
mote the conservation or recovery of the
species; or
(ii) develop a conservation or recovery
statement, if the Secretary finds under
subparagraph (A) that a plan will not pro-
mote the conservation or recovery of the
species.
(e) COMPENSATION FOR TAKINGS UNDER THE EN-
DANGERED SPECIES ACT OF 1973.—The Secretary shall
compensate an owner of property whose use of any portion
of that property has been limited by an action taken after
the enactment of this Act pursuant to the Endangered
Species Act of 1973 as amended that diminishes the fair
market value of that portion by 20 percent or more. The
amount of compensation shall equal the diminution in
value that resulted from the agency action. If the diminu-
tion in value of a portion of that property is greater than
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50 percent, at the option of the owner, the Secretary shall
buy that portion of the property for its fair market value.
Any compensation awarded pursuant to this provision
shall be paid from moneys appropriated to the Secretary
for the activities of the United States Fish and Wildlife
Service or to the Secretary of Commerce for the activities
of the National Marine Fisheries Service as appropriate.
SEC. 12. INTERPRETATION.
The provisions of this Act shall be strictly construed
so as to effectuate all of the purposes stated in section
2 of the Act of the greatest extent possible.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
(a) There are authorized to be appropriated not to
exceed $250,000,000 for fiscal years 1996, 1997, 1998,
1999, and 2000 per year to enable the Secretary to carry
out such functions and responsibilities as he may have
been given under this Act.
(b) There are authorized to be appropriated not to
exceed $100,000,000 for fiscal year 1996 to enable the
Secretary to carry out such functions and responsibilities
as he may have been given under the Endangered Species
Act of 1973 as amended.
SEC. 14. EFFECTIVE DATE.
This Act shall be effective upon the date of enact-
ment.
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