I
104TH CONGRESS
1ST SESSION
H. R. 2444
To reauthorize and amend the Endangered Species Act of 1973.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 29, 1995
Mr. SAXTON introduced the following bill; which was referred to the
Committee on Resources
A BILL
To reauthorize and amend the Endangered Species Act of
1973.
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
Habitat Conservation Act of 1995’’.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 15 of the Endangered Species Act of 1973
(16 U.S.C. 1542) is amended to read as follows:
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 15. (a) IN GENERAL.—There are authorized
to be appropriated to carry out this Act—
‘‘(1) $110,000,000 for each of the fiscal years
1996, 1997, 1998, 1999, and 2000, to the Depart-
ment of the Interior;
‘‘(2) 
$15,000,000 
for 
fiscal 
year 
1996,
$20,000,000 for fiscal year 1997, $25,000,000 for
fiscal year 1998, $30,000,000 for fiscal year 1999,
and $35,000,000 for fiscal year 2000 to the Depart-
ment of Commerce; and
‘‘(3) $4,000,000 for each of the fiscal years
1996, 1997, 1998, 1999, and 2000, to the Depart-
ment of Agriculture for the enforcement of this Act
and the Convention with respect to the importation
or exportation of plants.
‘‘(b) EXEMPTIONS FROM ACT.—There are authorized
to be appropriated to the Secretary to assist the Secretary
and the Endangered Species Committee in carrying out
their functions under section 7 (e), (g), and (h)
$1,000,000 for each of the fiscal years 1996, 1997, 1998,
1999, and 2000.
‘‘(c) CONVENTION IMPLEMENTATION.—In addition
to amounts authorized under subsections (a) and (b),
there are authorized to be appropriated to the Department
of the Interior for purposes of carrying out section 8A(e)
$500,000 for each of the fiscal years 1996, 1997, 1998,
1999, and 2000, which shall remain available until ex-
pended.’’.
SEC. 3. REQUIRED CONTENTS OF PETITIONS.
Section 4(b)(3)(A) (16 U.S.C. 1533(b)(3)(A)) is
amended—
(1) by inserting ‘‘(i)’’ after ‘‘(3)(A)’’; and
(2) by striking all after the first sentence and
inserting the following:
‘‘(ii) A petition referred to in clause (i) for a species
shall contain the following information, based on the best
scientific and commercial information available:
‘‘(I) The current known range of the species.
‘‘(II) The most recent population estimates and
trends, if available.
‘‘(III) The reason that the petitioned action is
warranted, based on the factors established under
subsection (a).
‘‘(IV) A bibliography of recent peer-reviewed
scientific literature on the species, if any.
‘‘(V) Any other information that the petitioner
considers appropriate.
‘‘(VI) Information on habitat occupied by the
species and any additional habitat needed by the
species.
‘‘(iii) If the Secretary finds that such a petition con-
tains such information, the Secretary shall—
‘‘(I) provide the petition to each affected State
and request comments on whether the petitioned ac-
tion is warranted;
‘‘(II) promptly commence a review of any new
information presented by the petition; and
‘‘(III) promptly publish each finding made
under this subparagraph in the Federal Register.’’;
SEC. 4. RECOVERY PLANNING.
The Endangered Species Act of 1973 is amended—
(1) by striking section 4(f) (16 U.S.C. 1533(f));
and
(2) by amending section 13 to read as follows:
‘‘RECOVERY PLANS
‘‘SEC. 13. (a) REQUIREMENT TO DEVELOP STAND-
ARDS.—(1) The Secretary shall, in cooperation with ap-
propriate State agencies, and on the basis of the best sci-
entific and commercial data available, develop overall
standards for the development and implementation of a
plan (in this section referred to as a ‘recovery plan’) for
the conservation and recovery of each species listed pursu-
ant to section 4 and the habitats upon which such species
depends.
‘‘(2) The Secretary shall, in cooperation with appro-
priate State agencies, and on the basis of the best sci-
entific and commercial data available, develop and imple-
ment a recovery plan for the conservation and recovery
of each species listed pursuant to section 4 and the habi-
tats on which such species depends, unless the Secretary
finds that such a plan will not promote the conservation
of the species.
‘‘(3) The Secretary, shall, consistent with paragraph
(1), seek to minimize and fairly distribute adverse social
and economic consequences that may result from imple-
mentation of recovery plans.
‘‘(4) The Secretary shall—
‘‘(A) issue a draft recovery plan for a species by
not later than 18 months after the date the species
is first listed pursuant to section 4; and
‘‘(B) issue a final recovery plan for a species by
not later than 30 months after the date the species
is first listed pursuant to section 4.
‘‘(5) The Secretary shall seek to coordinate the devel-
opment and implementation of any recovery plan under
this section with the development and implementation of
agreements for the plan under subsection (f).
‘‘(6) The Secretary shall, prior to final approval of
a recovery plan—
‘‘(A) provide public notice and a 60-day period
for public review and comment on the plan; and
‘‘(B) consider all information presented during
the public comment period.
‘‘(7) Each Federal agency shall, before issuing a final
recovery plan, consider all information presented during
the public comment period for the plan under paragraph
(6).
‘‘(b) DELEGATION OF AUTHORITY AND DEVELOP-
MENT BY STATE AGENCY.—(1) At the request of the gov-
ernor of a State, the Secretary, subject to paragraph (2),
shall delegate to the State agency of the State the author-
ity to develop and implement recovery plans in accordance
with this section for species in the State, if—
‘‘(A) the State has entered into a cooperative
agreement with the Secretary pursuant to section
6(c), and
‘‘(B) the State agency has the necessary au-
thority and capability to develop and implement re-
covery plans.
‘‘(2) If the Secretary determines that a State agency
does not have the authority and capability required by
paragraph (1)(B), the Secretary shall—
‘‘(A) notify the State agency of the specific con-
cerns of the Secretary and of any measures that
would address those concerns, and
‘‘(B) provide the State agency an opportunity
to take necessary action to address those concerns.
‘‘(3)(A) The Secretary shall monitor whether each
State agency which has been delegated authority under
this subsection coordinates its activities with respect to a
species with other States in which the species is believed
to occur.
‘‘(B) If the Secretary determines that a proposed re-
covery plan developed for a species by a State agency pur-
suant to this subsection is inconsistent or not complemen-
tary with any recovery plan developed for the species by
the State agency of another State, the Secretary may
reassume authority delegated to the State agency after no-
tifying the State agency and providing an adequate oppor-
tunity for the affected States to take corrective action.
‘‘(4)(A) A recovery plan developed by a State agency
pursuant to this subsection shall not take effect unless ap-
proved by the Secretary as meeting the requirements of
this section.
‘‘(B) The Secretary shall approve or disapprove a re-
covery plan developed by a State agency before the end
of the 60-day period beginning on the date the State agen-
cy submits a final proposed recovery plan.
‘‘(C) The Secretary shall approve a final proposed re-
covery plan submitted by a State agency unless the Sec-
‘‘(ii) 2 individuals appointed by the State agen-
cy.
‘‘(iii) 2 individuals appointed by the Secretary.
‘‘(B) In the case of a recovery plan developed under
this subsection because the Secretary reassumes authority
from, or does not approve a final proposed recovery plan
submitted by, more than one State agency with respect
to the same species, a panel established under this para-
graph shall consist of the following members:
‘‘(i) One individual appointed by the Secretary,
in consultation with the Governor of the State, from
a list of 3 nominees submitted by the President of
the National Academy of Sciences.
‘‘(ii) One individual appointed by each State
agency.
‘‘(iii) A number of individuals appointed by the
Secretary, equal to the total number of individuals
appointed under clause (ii).
‘‘(3) The members of each panel established under
this subsection shall be appointed from among individuals
who—
‘‘(A) through publication of peer-reviewed sci-
entific literature or other means, have demonstrated
relevant scientific expertise on the species for which
the panel is established or a similar species; and
‘‘(B) to the maximum extent practicable—
‘‘(i) do not have, and do not represent any-
one with, a significant economic interest in the
activities of the panel; and
‘‘(ii) are not employed by, under contract
with, or seeking or in receipt of a grant from,
the Department of the Interior.
‘‘(4) The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to any panel established under this
subsection.
‘‘(5) A panel shall issue a recovery plan under this
subsection by not later than 90 days after the completion
of appointment of the membership of the panel.
‘‘(d) PRIORITIES IN DEVELOPING AND IMPLEMENT-
ING RECOVERY PLANS.—In implementing this section, the
Secretary shall give priority to—
‘‘(1) the development and implementation of in-
tegrated, multispecies recovery plans for the con-
servation of threatened species, endangered species,
or species which the Secretary has identified as can-
didates for listing under section 4 that are depend-
ent upon a common ecosystem; and
‘‘(2) endangered species or threatened species,
without regard to taxonomic classification, that—
‘‘(A) are most likely to benefit from recov-
ery plans,
‘‘(B) the Secretary has determined present
the greatest potential for recovery in a timely
manner,
‘‘(C) have a potentially large economic im-
pact,
‘‘(D) are close to extinction, or that
‘‘(E) serve a critical ecological function.
‘‘(e) CONTENTS.—(1) Each recovery plan for a spe-
cies shall, to the maximum extent practicable, incorporate
the following:
‘‘(A) Objective, measurable criteria and recov-
ery objectives, based on the best scientific and com-
mercial data available, which if met would result in
a determination that the species should be removed
from the list published under section 4 or changed
in status.
‘‘(B) A description of such site-specific manage-
ment actions as may be necessary to achieve the goal
of the recovery plan for the conservation and sur-
vival of the species, which shall—
‘‘(i) to the extent possible, include a range
of options;
‘‘(ii) include actions to maintain or restore
ecosystems upon which the species is depend-
ent; and
‘‘(iii) consider the overall health of the
habitat of the species, impacts on species diver-
sity, and other relevant factors to ensure sus-
tainability of the entire habitat of the species.
‘‘(C) Estimates of the time required and cost to
carry out those measures needed to achieve the goals
of the recovery plan and to achieve intermediate
steps towards that goal.
‘‘(D) A description of the actions that will be
taken to minimize and fairly distribute adverse social
or economic impacts that may result from implemen-
tation of the recovery plan.
‘‘(E) A designation of the critical habitat of the
covered species to the maximum extent prudent and
determinable, if such designation would contribute to
the conservation of the species.
‘‘(F) Strategies that utilize existing Federal
lands, to the extent that such lands are available, to
promote the conservation and recovery of the spe-
cies.
‘‘(G) An identification of measures taken by all
parties which would contribute to the conservation of
the species.
‘‘(H) An identification of any specific areas or
circumstances in which the development and imple-
mentation of conservation plans under section
10(a)(2) would contribute to or be consistent with
the conservation of the species.
‘‘(I) An identification of any specific activities
and geographic areas which should be exempt from
any prohibition in section 9 related to the take of a
species.
‘‘(J) An identification of any opportunities for
entering into voluntary conservation agreements with
private landowners that would promote the conserva-
tion of the species.
‘‘(K) An identification of opportunities to co-
operate with municipalities, political subdivisions of
States, and other persons in actions which would
contribute to the conservation of the species, includ-
ing the development of implementation agreements.
‘‘(L) An identification of situations in which
regulated takes of the species would promote the
conservation of the species.
‘‘(M) A clear identification of prohibited acts
under section 9(a) with respect to the species and
criteria for distinguishing between low-impact and
high-impact Federal projects with respect to the spe-
cies.
‘‘(2) A recovery plan may include model conservation
plans which may be used pursuant to section 10(a)(2) in
furtherance of the plan.
‘‘(f) IMPLEMENTATION AGREEMENTS.—(1) Each ap-
propriate Federal agency may enter into one or more im-
plementation agreements with appropriate State agencies
which specify measures to be undertaken by the parties
to the agreement for implementation of a recovery plan
that applies to the agency. Upon approval of the imple-
mentation agreement by the parties to the agreement and
by the Secretary, the agreement shall be incorporated into
the recovery plan.
‘‘(2) The Secretary shall review each implementation
agreement and approve the agreement if it is consistent
with the requirements of this Act.
‘‘(3) Each implementation agreement shall be re-
viewed and revised as necessary on a regular basis by the
parties to the agreement.
‘‘(4) Each party to an implementation agreement
shall ensure that its actions are consistent with the terms
of the agreement.
‘‘(5) The Secretary shall give expedited review under
section 7(a) to Federal agency actions, plans, and projects
which are consistent with a recovery plan and related im-
plementation agreements under this subsection. Within
one year after the date of the enactment of the Endan-
gered Species Habitat Conservation Act of 1995, the Sec-
retary, in cooperation with the States, shall propose meas-
ures to implement such expedited process.
‘‘(g) REVIEW
OF
APPROVED
STATE
RECOVERY
PLANS.—Each recovery plan developed and implemented
by a State agency pursuant to subsection (b) shall be re-
viewed by the Secretary at least every 3 years, in consulta-
tion with affected States. If the Secretary finds in such
a review that the recovery standards under the plan are
not being satisfied, the Secretary shall notify the State
of that finding. Not later than 1 year after the date of
that notification the Secretary shall again review whether
the recovery criteria are being satisfied. If the Secretary
finds that the recovery criteria are not being satisfied the
Secretary shall take such appropriate steps as may be nec-
essary to promote the conservation of species that are cov-
ered species under the plan.
‘‘(h) PUBLIC OUTREACH.—(1) The Secretary, in de-
veloping and implementing recovery plans, may procure
the services of the appropriate public and private agencies
and institutions and other qualified persons.
‘‘(2) The Secretary shall, in cooperation with the
States, solicit the participation of relevant Federal agen-
cies and appropriate persons to identify matters under
subparagraphs (E) through (M) of subsection (e)(1).
‘‘(i) 
COORDINATION
WITH
OTHER
REQUIRE-
MENTS.—(1) Within their authorities, Federal agencies
shall integrate recovery plans into their land management
programs.
‘‘(2) The requirements of section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) shall
not apply to development and implementation of a recov-
ery plan if the planning process—
‘‘(A) includes an opportunity for public review
and comment; and
‘‘(B) public comments received are considered
in the development of the final recovery plan.
‘‘(j) EXISTING RECOVERY PLANS.—(1) Each recov-
ery plan developed under section 4(f) before the date of
the enactment of the Endangered Species Habitat Con-
servation Act of 1995 shall continue in effect until revised
by the Secretary in accordance with this section.
‘‘(2) The Secretary shall revise each recovery plan de-
veloped before the date of enactment of the Endangered
Species Habitat Conservation Act of 1995 under section
4(f), as in effect before that date of enactment, as nec-
essary for the plan to comply with this section. In imple-
menting this paragraph the Secretary shall give priority
to recovery plans the revision of which would provide the
greatest benefit to species listed under section 4 and spe-
cies which the Secretary has identified as candidates for
listing under section 4.’’.
SEC. 5. PEER REVIEW.
Section 14 of the Endangered Species Act of 1973
is amended to read as follows:
‘‘PEER REVIEW REQUIREMENTS
‘‘SEC. 14. (a) IN GENERAL.—(1) If in the public
comment period prior to making any covered determina-
tion for a species the Secretary is requested to do so by
any interested person because of a legitimate scientific
concern, the Secretary shall request the views of 3 referees
who—
‘‘(A) through publication of peer-reviewed sci-
entific literature or other means, have demonstrated
relevant scientific expertise on that species or similar
species;
‘‘(B) are selected by the Secretary in consulta-
tion with the National Academy of Sciences; and
‘‘(C) to the maximum extent practicable—
‘‘(i) do not have, and do not represent any-
one with, a significant economic interest in the
determination; and
‘‘(ii) are not employed by, under contract
with, or seeking or in receipt of a grant from,
the Department of the Interior.
‘‘(2) To the maximum extent practicable, the Sec-
retary shall seek to receive views required under para-
graph (1) within 30 days after the Secretary requests the
views.
‘‘(3) A summary of views received by the Secretary
pursuant to paragraph (1) shall be made available by the
Secretary—
‘‘(A) to each affected State, and
‘‘(B) to any interested person upon request.
‘‘(4) In this subsection, the term ‘legitimate scientific
concern’ means objective scientific information that indi-
cates there is a reasonable dispute about the proposed cov-
ered determination.
‘‘(b) BASIS FOR COVERED DETERMINATIONS.—The
Secretary shall base a covered determination on the views
received by the Secretary pursuant to subsection (a)(1)
and the preponderance of scientific data.
‘‘(c) COVERED DETERMINATION DEFINED.—in this
section, the term ‘covered determination’ means a deter-
mination under section 4(a).’’.
SEC. 6. DEFINITION OF BEST SCIENTIFIC AND COMMER-
CIAL DATA AVAILABLE.
Section 3 of the Endangered Species Act of 1973 (16
U.S.C. 1532) is amended by adding at the end the follow-
ing new paragraph:
‘‘(22) The term ‘best scientific and commercial
data available’ means factual information, including
but not limited to peer reviewed scientific informa-
tion obtainable from any source, including govern-
mental and nongovernmental sources, which has
been to the maximum extent feasible verified by field
testing.’’.
Æ
HR 2444 IH——2