I 
108TH CONGRESS 
2D SESSION 
H. R. 4475
To amend the Endangered Species Act of 1973 to focus conservation efforts 
under that Act on the 109 species most in danger of extinction, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 1, 2004
Mr. GRAVES introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To amend the Endangered Species Act of 1973 to focus 
conservation efforts under that Act on the 109 species 
most in danger of extinction, 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 ‘‘Endangered Species 
Recovery Act of 2004’’.
TITLE I—AMENDMENTS TO EN-
DANGERED SPECIES ACT OF 
1973
SEC. 101. DEFINITION OF ENDANGERED SPECIES. 
Section 3(6) of the Endangered Species Act of 1973 
(16 U.S.C. 1532(6)) is amended by striking ‘‘all or a sig-
nificant portion of its range’’ and inserting ‘‘all of its glob-
al range’’. 
SEC. 102. LISTING OF 109 ENDANGERED SPECIES MOST IN 
DANGER OF EXTINCTION. 
(a) DETERMINATION OF SPECIES MOST IN DANGER 
OF EXTINCTION.—Section 4(a) of the Endangered Species 
Act of 1973 (16 U.S.C. 1533(a)) is amended by adding 
at the end the following: 
‘‘(4) DETERMINATION
OF
SPECIES
MOST
IN 
DANGER OF EXTINCTION.—The Secretary shall de-
termine, from among the species determined under 
this subsection to be endangered species or threat-
ened species, the 109 species that are in the greatest 
danger of extinction throughout all or a significant 
portion of their range. The Secretary shall use the 
best scientific evidence available to determine those 
species.’’.
(b) LIMITATIONS ON LISTING AND PROTECTION TO 
109 SPECIES.—Section 4 of the Endangered Species Act 
of 1973 (16 U.S.C. 1533) is amended—
(1) in subsection (a)(2)(A)(i), by inserting ‘‘in 
accordance with subsection (c)’’ after ‘‘be listed’’; 
and 
(2) in subsection (c)(1), by striking the first 
sentence and inserting ‘‘The Secretary of the Inte-
rior shall publish in the Federal Register a list of 
the 109 species determined under subsection (a)(4) 
to be in the greatest danger of extinction throughout 
all or a significant portion of their range.’’. 
SEC. 103. APPROVAL BY PANEL REQUIRED. 
Section 4(c)(1) of the Endangered Species Act of 
1973 (16 U.S.C. 1533(c)(1)) is further amended by in-
serting after the first sentence the following: ‘‘The Sec-
retary may not include a species in the list unless inclusion 
of the species is approved by the majority vote of a panel 
comprised of the Secretary of the Interior, the Secretary 
of Transportation, and the Secretary of Defense.’’. 
SEC. 104. LIMITATION ON PERIOD OF LISTING. 
Section 4(c)(1) of the Endangered Species Act of 
1973 (16 U.S.C. 1533(c)(1)) is further amended by add-
ing at the end the following: ‘‘No species may be included 
in the list for a period exceeding 5 years.’’.
SEC. 105. ELIMINATION OF RESTRICTION ON BASES FOR 
DETERMINATION OF ENDANGERED SPECIES 
AND THREATENED SPECIES. 
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. 106. NOTIFICATION OF PRIVATE LANDOWNERS RE-
QUIRED. 
Section 4(c) of the Endangered Species Act of 1973 
(16 U.S.C. 1533(c)) is further amended by adding at the 
end the following: 
‘‘(4) NOTIFICATION
OF
PRIVATE
LAND
OWN-
ERS.—If the Secretary determines that a species 
that is included or proposed to be included in the list 
under paragraph (1) occurs on privately owned land, 
the Secretary—
‘‘(A) shall provide notice of that deter-
mination to the owner of the land; and 
‘‘(B) in the case of a species proposed to 
be included in such list, may not add the spe-
cies to such list before the owner receives the 
notice under clause (i).’’. 
SEC. 107. LIMITING PROTECTIONS FOR LISTED SPECIES. 
Section 13 of the Endangered Species Act of 1973 
(consisting of amendments to other laws, which have exe-
cuted) is amended to read as follows:
‘‘SEC. 13. LIMITATION ON PROTECTIONS FOR LISTED SPE-
CIES. 
‘‘(a) LIMITATION ON PROHIBITIONS.—The prohibi-
tions under section 9 shall not apply with respect to any 
species other than a species in the list under section 4(c). 
‘‘(b) REVIEW OF HABITAT CONSERVATION PLANS.—
The Secretary shall complete review of a habitat conserva-
tion plan submitted for a permit under section 
10(a)(1)(B) by not later than 180 days after the date the 
plan is submitted to the Secretary.’’. 
SEC. 108. EFFECTIVE DATE AND IMPLEMENTATION OF 
AMENDMENTS. 
(a) EFFECTIVE DATE OF AMENDMENTS.—Except as 
otherwise provided in this Act, the amendments made by 
this title shall take effect upon the expiration of the 2-
year period beginning on the date of the enactment of this 
Act. 
(b) IMPLEMENTATION OF AMENDMENTS.—The Sec-
retary (as that term is defined in section 3 of the Endan-
gered Species Act of 1973 (16 U.S.C. 1532)) shall—
(1) before the end of the 2-year period begin-
ning on the date of the enactment of this Act, deter-
mine pursuant to the amendment made by section 
102(a), from among the species that have been de-
termined to be endangered species under section 
4(a) of the Endangered Species Act of 1973 (16
U.S.C. 1533(a)) as of the date of the determination 
under this paragraph, the 109 species that are in 
the greatest danger of extinction throughout all or 
a significant portion of their range; and 
(2) upon the expiration of that period, publish 
a list of such species under section 4(c) (16 U.S.C. 
1533(c)) of such Act, as amended by this Act. 
TITLE II—SPECIES CONSERVA-
TION RESERVE PROGRAM 
SEC. 201. SPECIES CONSERVATION RESERVE PROGRAM. 
(a) IN GENERAL.—Through the 2026 calendar year, 
the Secretary of the Interior (in this title referred to as 
the ‘‘Secretary’’) shall formulate and carry out a species 
conservation reserve program under which land is enrolled 
through the use of contracts to assist owners and opera-
tors of land specified in subsection (b) to conserve endan-
gered species. 
(b) ELIGIBLE LAND.—The Secretary may include in 
the program established under this title agricultural land 
that is occupied by a species that is determined under sec-
tion 4 of the Endangered Species Act of 1973, by the Sec-
retary (as that term is used in that Act), to be an endan-
gered species.
(c) DURATION OF CONTRACT.—For the purpose of 
carrying out this title, the Secretary shall enter into con-
tracts of not more than 5 years. 
(d) ELIGIBILITY FOR CONSIDERATION.—On the expi-
ration of a contract entered into under this title, the land 
subject to the contract shall be eligible to be considered 
for reenrollment in the species conservation reserve. 
(e) BALANCE AMONG HABITATS.—In determining 
the acceptability of contract offers under this title, the 
Secretary shall ensure, to the maximum extent practicable, 
an adequate balance among wildlife habitats. 
SEC. 202. DUTIES OF OWNERS AND OPERATORS. 
(a) IN GENERAL.—Under the terms of a contract en-
tered into under this title, during the term of the contract, 
an owner or operator of land shall agree—
(1) to implement a plan to conserve endangered 
species; 
(2) on a violation of a term or condition of the 
contract at any time the owner or operator has con-
trol of the land—
(A) to forfeit all rights to receive rental 
payments and cost sharing payments under the 
contract and to refund to the Secretary any 
rental payments and cost sharing payments re-
ceived by the owner or operator under the con-
tract, together with interest on the payments as 
determined by the Secretary, if the Secretary 
determines that the violation is of such nature 
as to warrant termination of the contract; or 
(B) to refund to the Secretary, or accept 
adjustments to, the rental payments and cost 
sharing payments provided to the owner or op-
erator, as the Secretary considers appropriate, 
if the Secretary determines that the violation 
does not warrant termination of the contract; 
and 
(3) on the transfer of the right and interest of 
the owner or operator in land subject to the con-
tract—
(A) to forfeit all rights to rental payments 
and cost sharing payments under the contract; 
and 
(B) to refund to the United States all rent-
al payments and cost sharing payments received 
by the owner or operator, or accept such pay-
ment adjustments or make such refunds as the 
Secretary considers appropriate and consistent 
with the objectives of this title; 
unless the transferee of the land agrees with the 
Secretary to assume all obligations of the contract,
except that no refund of rental payments and cost 
sharing payments shall be required if the land is 
purchased by or for the United States Fish and 
Wildlife Service, or the transferee and the Secretary 
agree to modifications to the contract, in a case in 
which the modifications are consistent with the ob-
jectives of the program, as determined by the Sec-
retary. 
(b) CONSERVATION PLANS.—The plan referred to in 
subsection (a)(1) shall set forth—
(1) the conservation measures and practices to 
be carried out by the owner or operator during the 
term of the contract; and 
(2) the commercial use, if any, to be permitted 
on the land during the term. 
(c) FORECLOSURE.—
(1) IN GENERAL.—Notwithstanding any other 
provision of law, an owner or operator who is a 
party to a contract entered into under this title may 
not be required to make repayments to the Secretary 
of amounts received under the contract if the land 
that is subject to the contract has been foreclosed on 
and the Secretary determines that forgiving the re-
payments is appropriate in order to provide fair and 
equitable treatment.
(2) RESUMPTION OF CONTROL.—
(A) IN
GENERAL.—This subsection shall 
not void the responsibilities of an owner or op-
erator under the contract if the owner or oper-
ator resumes control over the land that is sub-
ject to the contract within the period specified 
in the contract. 
(B) CONTRACT.—On the resumption of the 
control over the land by the owner or operator, 
the provisions of the contract in effect on the 
date of the foreclosure shall apply. 
SEC. 203. DUTIES OF THE SECRETARY. 
In return for a contract entered into by an owner or 
operator under section 202, the Secretary shall—
(1) bear the cost of carrying out the conserva-
tion measures and practices set forth in the con-
tract; and 
(2) for a period of years not in excess of the 
term of the contract, pay an annual rental payment 
in an amount necessary to compensate for the loss 
in agricultural value of property that is subject to 
the contract, as determined by a person authorized 
by a State or local government the value of real 
property.
SEC. 204. PAYMENTS. 
(a) TIMING.—The Secretary shall provide payment 
for obligations incurred by the Secretary under a contract 
entered into under this title with respect to any annual 
rental payment obligation incurred by the Secretary—
(1) as soon as practicable after October 1 of 
each calendar year; or 
(2) at the option of the Secretary, at any time 
prior to such date during the year that the obliga-
tion is incurred. 
(b) ANNUAL RENTAL PAYMENTS.—
(1) IN GENERAL.—In determining the amount 
of annual rental payments to be paid to owners and 
operators for converting highly erodible cropland 
normally devoted to the production of an agricul-
tural commodity to less intensive use, the Secretary 
may consider, among other things, the amount nec-
essary to encourage owners or operators of highly 
erodible cropland to participate in the program es-
tablished by this title. 
(2) 
METHOD
OF
DETERMINATION.—The 
amounts payable to owners or operators in the form 
of rental payments under contracts entered into 
under this title may be determined through—
(A) the submission of bids for such con-
tracts by owners and operators in such manner 
as the Secretary may prescribe; or 
(B) such other means as the Secretary de-
termines are appropriate. 
(c) CASH OR IN-KIND PAYMENTS.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in this section, payments under this title—
(A) shall be made in cash in such amount 
and on such time schedule as is agreed on and 
specified in the contract; and 
(B) may be made in advance of determina-
tion of performance. 
(2) CASH PAYMENTS.—Payments to an owner 
or operator under a special species conservation re-
serve enhancement program described in subsection 
(e)(4) shall be in the form of cash only. 
(d) PAYMENTS ON DEATH, DISABILITY, OR SUCCES-
SION.—If an owner or operator that is entitled to a pay-
ment under a contract entered into under this title dies, 
becomes incompetent, is otherwise unable to receive the 
payment, or is succeeded by another person that renders 
or completes the required performance, the Secretary shall 
make the payment, in accordance with regulations pre-
scribed by the Secretary and without regard to any other
provision of law, in such manner as the Secretary deter-
mines is fair and reasonable in light of all of the cir-
cumstances. 
(e) PAYMENT
LIMITATION
FOR
RENTAL
PAY-
MENTS.—
(1) IN GENERAL.—The total amount of rental 
payments made to a person under this title for any 
fiscal year may not exceed $50,000. 
(2) REGULATIONS.—
(A) IN
GENERAL.—The Secretary shall 
promulgate regulations—
(i) defining the term ‘‘person’’ as used 
in this subsection; and 
(ii) providing such terms and condi-
tions as the Secretary determines nec-
essary to ensure a fair and reasonable ap-
plication of the limitation established by 
this subsection. 
(B) 
CORPORATIONS
AND
STOCK-
HOLDERS.—The regulations promulgated by the 
Secretary on December 18, 1970, under section 
101 of the Agricultural Act of 1970 (7 U.S.C. 
1307), shall be used to determine whether cor-
porations and their stockholders may be consid-
ered as separate persons under this subsection.
(3) OTHER PAYMENTS.—Rental payments re-
ceived by an owner or operator shall be in addition 
to, and not affect, the total amount of payments 
that the owner or operator is otherwise eligible to re-
ceive under the Farm Security and Rural Invest-
ment Act of 2002. 
(4) SPECIAL SPECIES CONSERVATION RESERVE 
ENHANCEMENT PROGRAM.—
(A) IN GENERAL.—The provisions of this 
subsection that limit payments to any person, 
and section 1305(d) of the Agricultural Rec-
onciliation Act of 1987 (7 U.S.C. 1308 note; 
Public Law 100–203), shall not be applicable to 
payments received by a State, political subdivi-
sion, or agency thereof in connection with 
agreements entered into under a special species 
conservation reserve enhancement program car-
ried out by that entity that has been approved 
by the Secretary. 
(B) AGREEMENTS.—The Secretary may 
enter into such agreements for payments to 
States (including political subdivisions and 
agencies of States) that the Secretary deter-
mines will advance the purposes of this title.
(f) OTHER STATE OR LOCAL ASSISTANCE.—In addi-
tion to any payment under this title, an owner or operator 
may receive cost share assistance, rental payments, or tax 
benefits from a State or subdivision thereof for enrolling 
land in the species conservation reserve program. 
SEC. 205. CONTRACTS. 
(a) OWNERSHIP OR OPERATION REQUIREMENTS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), no contract shall be entered into under 
this title concerning land with respect to which the 
ownership has changed in the 1-year period pre-
ceding the first year of the contract period unless—
(A) the new ownership was acquired by 
will or succession as a result of the death of the 
previous owner; 
(B) the Secretary determines that the land 
was acquired under circumstances that give 
adequate assurance that the land was not ac-
quired for the purpose of placing the land in 
the program established by this title; or 
(C) the ownership change occurred due to 
foreclosure on the land and the owner of the 
land immediately before the foreclosure exer-
cises a right of redemption from the mortgage 
holder in accordance with State law.
(2) EXCEPTIONS.—Paragraph (1) shall not—
(A) prohibit the continuation of an agree-
ment by a new owner after an agreement has 
been entered into under this title; or 
(B) require a person to own the land as a 
condition of eligibility for entering into the con-
tract if the person—
(i) has operated the land to be covered 
by a contract under this section for at 
least 1 year preceding the date of the con-
tract; and 
(ii) controls the land for the contract 
period. 
(b) SALES OR TRANSFERS.—If, during the term of 
a contract entered into under this title, an owner or oper-
ator of land subject to the contract sells or otherwise 
transfers the ownership or right of occupancy of the land, 
the new owner or operator of the land may—
(1) continue the contract under the same terms 
or conditions; or 
(2) enter into a new contract in accordance 
with this title. 
(c) MODIFICATIONS.—The Secretary may modify a 
contract entered into with an owner or operator under this 
title if—
(1) the owner or operator agrees to the modi-
fication; and 
(2) the Secretary determines that the modifica-
tion is desirable—
(A) to carry out this title; 
(B) to facilitate the practical administra-
tion of this title; or 
(C) to achieve such other goals as the Sec-
retary determines are appropriate, consistent 
with this title. 
(d) TERMINATION.—
(1) IN GENERAL.—The Secretary may termi-
nate a contract entered into with an owner or oper-
ator under this title if—
(A) the owner or operator agrees to the 
termination; and 
(B) the Secretary determines that the ter-
mination would be in the public interest. 
(2) NOTICE
TO
CONGRESSIONAL
COMMIT-
TEES.—At least 90 days before taking any action to 
terminate under paragraph (1) all species conserva-
tion reserve contracts entered into under this title, 
the Secretary shall provide to the Congress written 
notice of the action.