103D CONGRESS
2D SESSION
H. R. 2043
To reauthorize and amend the Endangered Species Act of 1973.
IN THE HOUSE OF REPRESENTATIVES
MAY 6, 1993
Mr. STUDDS (for himself, Mr. DINGELL, Mr. SAXTON, Mr. BONIOR, Mr. MIL-
LER of California, Mr. FORD of Michigan, Mr. DELLUMS, Mr. CONYERS,
Mr. HUGHES, Mr. MANTON, Mr. PALLONE, Mr. ANDREWS of Maine, Ms.
FURSE, Ms. ESHOO, Mr. RAVENEL, Mr. BEILENSON, Mrs. SCHROEDER,
Mr. VENTO, Mr. FRANK of Massachusetts, Mr. PETERSON of Minnesota,
Mr. STOKES, Mr. TOWNS, Mr. MARKEY, Mr. JEFFERSON, Mr. ABER-
CROMBIE, Miss COLLINS of Michigan, Mr. EVANS, Mr. MCDERMOTT, Mr.
LEVIN, Mr. SHAYS, Mr. BERMAN, Mrs. MORELLA, Mr. WALSH, Mrs.
MINK, Mr. COLEMAN, Mr. MEEHAN, Mrs. MALONEY, Mr. TORRES, Mr.
MORAN, Mr. OLVER, Mr. NADLER, Ms. PELOSI, Mr. GILMAN, Mr. POR-
TER, Ms. WOOLSEY, Mr. PAYNE of New Jersey, Mr. BLACKWELL, Mr.
SANDERS, Mr. CARDIN, Mr. SABO, Ms. SHEPHERD, Ms. SLAUGHTER, Mr.
JOHNSTON of Florida, and Mr. HINCHEY) introduced the following bill;
which was referred to the Committee on Merchant Marine and Fisheries
SEPTEMBER 13, 1993
Additional sponsors: Mr. CLAY, Mr. JACOBS, Mr. ENGEL, Mr. ACKERMAN, Mr.
BORSKI, Mr. BECERRA, Mr. FISH, Mr. WAXMAN, Mr. LIPINSKI, Mr.
GILCHREST, Mr. WELDON, Mr. REED, Mr. MAZZOLI, Mr. OWENS, Mr.
COYNE, Ms. KAPTUR, Mr. REYNOLDS, Mr. WASHINGTON, Mr. SWETT,
Mr. STARK, Mr. FLAKE, Ms. ROYBAL-ALLARD, Mr. NEAL of Massachu-
setts, Ms. NORTON, Ms. SCHENK, Mr. YATES, Mr. HASTINGS, Mr.
GUTIERREZ, Mr. LANTOS, Mr. HAMBURG, Mr. WYNN, Mr. DIXON, Mr.
ANDREWS of New Jersey, Mr. MACHTLEY, Ms. BYRNE, Mr. FOGLIETTA,
Mr. RICHARDSON, Mr. BROWN of California, Mr. EDWARDS of California,
Mr. TORRICELLI, and Mr. KILDEE
SEPTEMBER 12, 1994
Additional sponsors: Mr. MINETA, Mr. SERRANO, Mr. SKAGGS, Mr. RANGEL,
Mr. NEAL of North Carolina, Mr. LEWIS of Georgia, Mr. GINGRICH, Mr.
BARRETT of Wisconsin, Mr. FARR of California, Ms. MARGOLIES-
MEZVINSKY, Mr. KENNEDY, Mr. ZIMMER, Ms. VELA´ZQUEZ, Mr. GON-
ZALEZ, Mr. CARR of Michigan, Mr. GEJDENSON, Mr. FORD of Tennessee,
and Mr. MARTINEZ
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
Act Amendments of 1993’’.
SEC. 2. AMENDMENT OF ENDANGERED SPECIES ACT OF
1973.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.).
SEC. 3. LISTING AND DELISTING IMPROVEMENTS.
(a) DELISTING.—Section 4(a) (16 U.S.C. 1533(a))
is amended by adding at the end the following new para-
graph:
‘‘(4) The Secretary shall by regulation promulgated
in accordance with subsection (b) determine whether any
species is no longer an endangered species or a threatened
species because of a change in the factors identified under
paragraph (1).’’.
(b) STATE PARTICIPATION.—Section 4(b)(1)(A) (16
U.S.C. 1533(b)(1)(A)) is amended by inserting ‘‘soliciting
and fully considering scientific and commercial data about
the status of the species from the State agency in each
appropriate State, if any, and’’ after ‘‘and after’’.
(c) LISTING PRIORITIES.—Section 4(b)(1)(B) (16
U.S.C. 1533(b)(1)(B)) is amended to read as follows:
‘‘(B) In carrying out this section, the Secretary shall
give consideration to species the conservation of which is
most likely to reduce the need to list other species depend-
ent upon the same ecosystem. In addition, the Secretary
shall give consideration to species which have been—
‘‘(i) designated as requiring protection from un-
restricted commerce by any foreign nation or pursu-
ant to an international agreement; or
‘‘(ii) identified as in danger of extinction, or
likely to become so within the foreseeable future, by
any State agency or by any agency of a foreign na-
tion that is responsible for the conservation of fish
or wildlife or plants.’’.
(d) SCIENTIFIC PEER REVIEW.—Section 4(b)(5) (16
U.S.C. 1533(b)(5)) is amended—
(1) by redesignating subparagraphs (D) and
(E) as subparagraphs (E) and (F), respectively, and
(2) by inserting after subparagraph (C) the fol-
lowing:
‘‘(D) in the case of a regulation to implement
a determination, request views on the proposed regu-
lation from at least 3 independent referees who,
through publication of peer-reviewed scientific lit-
erature, have demonstrated relevant scientific exper-
tise, if any person files within 30 days after the date
of publication of general notice a written request
that details a substantial scientific basis for ques-
tioning the sufficiency or accuracy of the available
data relevant to the determination;’’.
(e) COORDINATION OF CRITICAL HABITAT DESIGNA-
TIONS
AND RECOVERY PLANS.—Section 4(b)(6) (16
U.S.C. 1533(b)(6)) is amended by adding at the end the
following:
‘‘(D) If the Secretary, under subparagraph (C), ex-
tends the one-year period, any final regulation designating
critical habitat shall incorporate relevant information
gathered during the development of the appropriate recov-
ery plan under section 5.’’.
(f) IDENTIFICATION OF DATA NEEDS.—Section 4(b)
(16 U.S.C. 1533(b)) is amended by adding at the end the
following:
‘‘(9) The Secretary shall identify and publish in the
Federal Register with a proposed rule under paragraph
(1) of subsection (a) a description of any additional sci-
entific and commercial data that would assist in the prepa-
ration of a recovery plan under section 5 for the species
to which the proposed rule relates.’’.
(g) TAKINGS
ASSESSMENTS.—Section 4(a) (16
U.S.C. 1533(a)) is amended by adding after paragraph
(4) (as added by subsection (a) of this section) the follow-
ing:
‘‘(5) The Secretary shall, concurrently with
making a determination under paragraph (1) that a
species is an endangered species or a threatened spe-
cies, establish and notify the public of a procedure
whereby a person can receive an assessment from
the Secretary with respect to whether a particular
activity would constitute a taking prohibited under
section 9(a) (1) or (2).’’.
SEC. 4. RECOVERY PLANNING IMPROVEMENTS.
(a) DEVELOPMENT AND IMPLEMENTATION OF RE-
COVERY
PLANS.—Section 5 (16 U.S.C. 1534) is
amended—
(1) by redesignating subsections (a) and (b) in
order as subsections (c) and (d); and
(2) by striking ‘‘LAND ACQUISITION’’ and all
that follows through ‘‘SEC. 5.’’ and inserting the fol-
lowing:
‘‘RECOVERY OF ENDANGERED SPECIES AND
THREATENED SPECIES
‘‘SEC. 5. (a) RECOVERY PLANS.—
‘‘(1) IN GENERAL.—
‘‘(A) The Secretary shall, in cooperation
with the State agency in each appropriate
State, and on the basis of the best scientific
and commercial data available, develop and im-
plement plans (hereinafter in this subsection re-
ferred to as ‘recovery plans’) for the timely con-
servation of endangered species and threatened
species listed pursuant to section 4 (hereinafter
in this section referred to as ‘covered species’)
and the habitats on which such species depend,
unless the Secretary finds that such a plan will
not promote the conservation of a species.
‘‘(B) The Secretary shall, consistent with
subparagraph (A), seek to minimize adverse so-
cial and economic consequences that may result
from implementation of recovery plans.
‘‘(C) The Secretary shall develop and im-
plement a recovery plan for a species—
‘‘(i) by not later than December 31,
1996, in the case of a species included in
the list published under section 4(c) before
January 1, 1996, and for which no recov-
ery plan was developed before that date;
and
‘‘(ii) by not later than 18 months
after the date on which the species is first
included in a list published under section
4(c), in the case of any species that is first
included in such a list on or after January
1, 1996.
‘‘(2) PRIORITIES FOR DEVELOPING AND IMPLE-
MENTING RECOVERY PLANS.—The Secretary shall to
the maximum extent practicable give priority to—
‘‘(A) the development and implementation
of integrated, multispecies recovery plans for
the conservation of threatened species, endan-
gered species, or species which the Secretary
has identified as candidates for listing under
section 4 that are dependent upon a common
ecosystem; and
‘‘(B) those endangered species or threat-
ened species, without regard to taxonomic clas-
sification, that are most likely to benefit from
recovery plans, particularly those species the
conservation of which is, or may be, in conflict
with construction or other development projects
or other forms of economic activity.
‘‘(3) CONTENTS.—The Secretary shall to the
maximum extent practicable incorporate in each re-
covery plan the following:
‘‘(A) A description of such site-specific
management actions as may be necessary to
achieve the goal of the recovery plan for the
conservation of covered species, including ac-
tions to maintain or restore ecosystems upon
which the species addressed by the plan are de-
pendent.
‘‘(B) Objective, measurable criteria which,
when met, would result in a determination, in
accordance with the provisions of section 4, that
the covered species be removed from the list.
‘‘(C) Estimates of the time required and
the cost—
‘‘(i) to carry out those measures need-
ed to achieve the goal of the plan; and
‘‘(ii) to achieve intermediate steps to-
ward that goal.
‘‘(D) A description of actions that will be
taken to minimize adverse social or economic
impacts that may result from implementation of
the recovery plan.
‘‘(E) Strategies that utilize existing Fed-
eral lands, to the extent such lands are avail-
able, to promote the conservation of the covered
species.
‘‘(F) An identification of recovery meas-
ures which, if taken by Federal agencies, would
contribute to the conservation of the covered
species.
‘‘(G) An identification of the specific areas
or circumstances, if any, in which the develop-
ment and implementation of conservation plans
under section 10(a)(2) would contribute to the
conservation of the covered species and help re-
duce conflicts between species conservation and
economic activity.
‘‘(H) An identification of the specific areas
or circumstances, if any, in which entering into
agreements with private landowners under sec-
tion 14 would promote the conservation of the
covered species.
‘‘(I) An identification of the opportunities
to cooperate with municipalities, political sub-
divisions of States, and other persons, in ac-
tions which would contribute to the conserva-
tion of the covered species.
‘‘(4) PUBLIC REVIEW AND COMMENT.—
‘‘(A) The Secretary shall, before giving
final approval of a new or revised recovery
plan—
‘‘(i) provide public notice and an op-
portunity for public review and comment
on the plan; and
‘‘(ii) consider all information pre-
sented during the public comment period.
‘‘(B) Each Federal agency shall, before im-
plementing a new or revised recovery plan, con-
sider all information presented during the pub-
lic comment period under subparagraph (A).
‘‘(5) PUBLIC OUTREACH.—
‘‘(A) The Secretary, in developing and im-
plementing recovery plans—
‘‘(i) may procure the services of ap-
propriate public and private agencies and
institutions and other qualified persons;
and
‘‘(ii) shall, in cooperation with the ap-
propriate State agency, solicit the partici-
pation of relevant Federal agencies and ap-
propriate persons to identify matters under
paragraph (3)(E), (F), (G), (H), and (I).
‘‘(B) Recovery teams appointed pursuant
to this subsection shall not be subject to the
Federal Advisory Committee Act.
‘‘(6) REPORTS.—The Secretary shall report
every 2 years to the Committee on Environment and
Public Works of the Senate and the Committee on
Merchant Marine and Fisheries of the House of
Representatives on the status of efforts to develop
and implement recovery plans for all species listed
pursuant to section 4 and on the status of all species
for which such plans have been developed.
‘‘(b) MONITORING.—
‘‘(1) IN GENERAL.—The Secretary shall imple-
ment a system in cooperation with the States to
monitor effectively for not less than 5 years the sta-
tus of all species which have recovered to the point
at which the measures provided pursuant to this Act
are no longer necessary and which, in accordance
with the provisions of section 4, have been removed
from either of the lists published under section 4(c).
‘‘(2) PREVENTING RISKS TO RECOVERED SPE-
CIES.—The Secretary shall make prompt use of the
authority under section 4(b)(7) to prevent a signifi-
cant risk to the well-being of any recovered species
referred to in paragraph (1).’’
(b) EXISTING RECOVERY PLANS.—
(1) 
CONTINUING
EFFECT
OF
EXISTING
PLANS.—Each recovery plan developed under the
Endangered Species Act of 1973 before the date of
the enactment of this Act shall continue in effect
until revised by the Secretary (as that term is de-
fined in section 3 of the Act) in accordance with
that Act as amended by this Act.
(2) REVISION.—The Secretary (as that term is
defined in section 3 of the Endangered Species Act
of 1973) may revise each recovery plan developed
under the Endangered Species Act of 1973 before
the date of the enactment of this Act so as to con-
form the recovery plan to section 5 of that Act, as
amended by this Act, giving priority to recovery
plans whose revision would provide the greatest ben-
efit to species listed under section 4 of that Act and
species which the Secretary has identified as can-
didates for listing under section 4 of that Act.
(c) CONFORMING AMENDMENTS.—
(1) The table of contents in the first section is
amended by striking the item relating to section 5
and inserting the following:
‘‘Sec. 5. Recovery of endangered species and threatened species.’’.
(2) Section 4 (16 U.S.C. 1533) is amended—
(A) by striking subsections (f) and (g);
(B) in subsection (h)(4) by striking ‘‘sub-
section (f) of this section’’ and inserting ‘‘sec-
tion 5’’;
(C) by redesignating subsection (h) as sub-
section (f); and
(D) by redesignating subsection (i) by
striking ‘‘(i)’’ and inserting the following: ‘‘(g)
RESPONSE TO STATE COMMENTS.—’’.
(3) Section 6(d) (16 U.S.C. 1535(d)) is amend-
ed by striking ‘‘Section 4(g)’’ and inserting ‘‘Section
5(b)’’.
(4) Section 7(a)(1) of the Land and Water
Construction Fund Act of 1965 (16 U.S.C. 460l–
9(a)(1)) is amended in the third undesignated sub-
paragraph by striking ‘‘Section 5(a)’’ and inserting
‘‘Section 5(c)’’.
SEC. 5. IMPROVED COOPERATION WITH THE STATES.
Section 6(a) (16 U.S.C. 1535(a)) is amended by add-
ing at the end thereof the following new sentence: ‘‘In co-
operating with State agencies in carrying out this Act, the
Secretary shall not be subject to the Federal Advisory
Committee Act.’’.
SEC. 6. FEDERAL CONSERVATION OF SPECIES.
(a) POLICY
OF CONGRESS.—Section 2(c)(1) (16
U.S.C. 1531(c)(1)) is amended to read as follows:
‘‘(1) It is further declared to be the policy of
the Congress that all Federal departments and agen-
cies shall—
‘‘(A) conserve endangered species, threat-
ened species, species which have been proposed
for listing under section 4, and species which
the Secretary has identified as candidates for
listing under section 4; and
‘‘(B) utilize their authorities in furtherance
of this policy and the purposes of this Act.’’.
(b) FEDERAL AGENCY AGREEMENTS FOR THE CON-
SERVATION
OF CANDIDATE SPECIES.—Section 7(a)(1)
(16 U.S.C. 1536(a)(1)) is amended—
(1) by inserting before the period at the end the
following: ‘‘and species identified as candidates for
listing, including the implementation of recovery
plans for listed species.’’;
(2) by inserting ‘‘(A)’’ after ‘‘(1)’’; and
(3) by adding the following:
‘‘(B) The head of each Federal agency responsible for
the management of lands and waters—
‘‘(i) shall, by not later than December 31,
1994, prepare and provide to the Secretary an in-
ventory of all endangered species, threatened species,
species which have been proposed for listing under
section 4, and species which the Secretary has iden-
tified as candidates for listing under section 4, which
are located on lands and waters within the jurisdic-
tion of the agency;
‘‘(ii) shall by not later than December 31,
1995, identify measures to be taken on lands and
waters under the jurisdiction of the agency to con-
serve species which the Secretary has identified as
candidates for listing under section 4; and
‘‘(iii) may enter into agreements with the Sec-
retary to further the conservation of species which
the Secretary has identified as candidates for listing
under section 4.’’.
SEC. 7. IMPROVED FEDERAL AGENCY COORDINATION.
Section 7(a) (16 U.S.C. 1536(a)) is amended by add-
ing at the end thereof the following:
‘‘(5) CONSOLIDATION OF CONSULTATIONS AND CON-
FERENCES.—
‘‘(A) Consultations and conferences under this
section between the Secretary and a Federal agency
may, if approved by the Secretary, encompass a
number of similar or related agency actions to be
undertaken within a particular geographical area or
ecosystem.
‘‘(B) The Secretary may consolidate requests
for consultations or conferences from various Fed-
eral agencies whose proposed actions may affect en-
dangered species, threatened species, or species
which have been proposed for listing under section
4, that are dependent on the same ecosystem.’’.
SEC. 8. INCENTIVES FOR CONSERVATION OF CANDIDATE
AND OTHER SPECIES ON STATE AND PRIVATE
LANDS.
(a) CONSERVATION
PLANNING.—Section 13 (87
Stat. 901; relating to conforming amendments) is amend-
ed to read as follows:
‘‘CONSERVATION PLANNING
‘‘SEC. 13. (a) CONSERVATION PLANNING FOR CAN-
DIDATE SPECIES.—
‘‘(1) DEVELOPMENT OF PLANS.—
‘‘(A) Any State, county, municipality, po-
litical subdivision of a State, or other person
may develop a plan for the conservation of any
species which has been proposed for listing or
identified by the Secretary as a candidate for
listing under section 4.
‘‘(B) A plan developed under this para-
graph shall cover an area that, alone or when
considered in association with nearby lands
dedicated to conservation, is sufficiently large in
size to encompass adequate suitable habitat
within which the covered species can be main-
tained over the long-term.
‘‘(2) PERMIT ISSUANCE.—If a plan developed
pursuant to paragraph (1) specifies the information
required under section 10(a)(2)(A), and if after op-
portunity for public comment on the plan the Sec-
retary makes the findings required under section
10(a)(2)(B), the Secretary shall, upon receipt of
such assurances as the Secretary may require that
the plan will be implemented, issue a permit under
this paragraph. Such a permit shall be treated, upon
the listing under section 4 of any species for which
the plan was developed, as a permit issued for that
species under section 10(a)(1)(B).
‘‘(3) REVIEW UPON LISTING.—Upon the listing
under section 4 of a species for which a permit is
issued under paragraph (2), the Secretary shall—
‘‘(A) review the terms and implementation
of each permit issued under paragraph (2) for
that species;
‘‘(B) determine whether each of those per-
mittees has complied with the terms of their
permit; and
‘‘(C) suspend the permit of any of those
permittees that is determined under subpara-
graph (B) to have not complied with their per-
mit.
‘‘(b) FEDERAL ASSISTANCE TO STATE AND LOCAL
GOVERNMENTS FOR DEVELOPMENT OF PLANS.—
‘‘(1) ESTABLISHMENT OF HABITAT CONSERVA-
TION PLANNING FUND.—The Secretary shall estab-
lish a Habitat Conservation Planning Fund (here-
after referred to in this subsection as the ‘Fund’),
which shall—
‘‘(A) consist of all sums appropriated pur-
suant to section 15(d), and
‘‘(B) be administered by the Secretary as
a revolving fund.