I
104TH CONGRESS
1ST SESSION
H. R. 2286
To amend the Internal Revenue Code of 1986 to provide tax incentives
for the conservation of endangered species.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 7, 1995
Mr. POMBO (for himself and Mr. YOUNG of Alaska) introduced the following
bill; which was referred to the Committee on Ways and Means
A BILL
To amend the Internal Revenue Code of 1986 to provide
tax incentives for the conservation of endangered species.
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
Conservation Incentives Act of 1995’’.
SEC. 2. DESIGNATIONS OF OVERPAYMENTS FOR ENDAN-
GERED SPECIES CONSERVATION.
(a) GENERAL RULE.—Subchapter A of chapter 61 of
the Internal Revenue Code of 1986 is amended by adding
at the end the following new part:
‘‘PART IX—DESIGNATION OF OVERPAY-
MENTS FOR ENDANGERED SPECIES
CONSERVATION
‘‘Sec. 6097. Amounts for endangered species conservation.
‘‘SEC. 6097. AMOUNTS FOR ENDANGERED SPECIES CON-
SERVATION.
‘‘(a) IN GENERAL.—With respect to each taxpayer’s
return for the taxable year of the tax imposed by chapter
1, such taxpayer may designate that any overpayment of
such tax for such taxable year be paid over for endangered
species conservation.
‘‘(b) MANNER AND TIME OF DESIGNATION.—A des-
ignation under subsection (a) may be made with respect
to any taxable year only at the time of filing the return
of the tax imposed by chapter 1 for such taxable year.
Such designation shall be made on the first page of the
return.
‘‘(c) OVERPAYMENTS TREATED AS REFUNDED.—For
purposes of this title, any overpayment of tax designated
under subsection (a) shall be treated as being refunded
to the taxpayer as of the last date prescribed for filing
the return of tax imposed by chapter 1 (determined with-
out regard to extensions) or, if later, the date the return
is filed.’’
(b) ENDANGERED SPECIES CONSERVATION TRUST
FUND.—
(1) IN GENERAL.—Subchapter A of chapter 98
of such Code (relating to trust fund code) is amend-
ed by adding at the end the following new section:
‘‘SEC. 9512. ENDANGERED SPECIES CONSERVATION TRUST
FUND.
‘‘(a) CREATION OF TRUST FUND.—There is estab-
lished in the Treasury of the United States a trust fund
to be known as the ‘Endangered Species Conservation
Trust Fund’, consisting of such amounts as may be appro-
priated or credited to the Endangered Species Conserva-
tion Trust Fund as provided in this section or section
9602(b).
‘‘(b) TRANSFER
TO ENDANGERED SPECIES CON-
SERVATION TRUST FUND OF AMOUNTS DESIGNATED.—
There is hereby appropriated to the Endangered Species
Conservation Trust Fund amounts equivalent to the
amounts designated under section 6097 and received in
the Treasury.
‘‘(c) EXPENDITURES FROM TRUST FUND.—
‘‘(1) IN GENERAL.—The Secretary shall pay,
not less often than quarterly, to Secretary of the In-
terior from the Endangered Species Conservation
Trust Fund an amount equal to the amount in such
Fund as of the time of such payment less any ad-
ministrative expenses of the Secretary which may be
paid under paragraph (2).
‘‘(2) ADMINISTRATIVE EXPENSES.—Amounts in
the Endangered Species Conservation Trust Fund
shall be available to pay the administrative expenses
of the Department of the Treasury directly allocable
to—
‘‘(A) modifying the individual income tax
return forms to carry out section 6097,
‘‘(B) carrying out this chapter with respect
to such Fund, and
‘‘(C) processing amounts received under
section 6097 and transferring such amounts to
such Fund.’’
(c) CLERICAL AMENDMENTS.—
(1) The table of parts for subchapter A of chap-
ter 61 of such Code is amended by adding at the
end the following new item:
‘‘Part IX. Designation of overpayments for endangered species
conservation.’’
(2) The table of sections for such subchapter A
is amended by adding at the end the following new
item:
‘‘Sec. 9512. Endangered Species Conservation Trust Fund.’’
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
the date of enactment of this Act.
SEC. 3. EXCLUSION FROM ESTATE FOR REAL PROPERTY
SUBJECT TO ENDANGERED SPECIES CON-
SERVATION AGREEMENT.
(a) IN GENERAL.—Part IV of subchapter A of chap-
ter 11 of the Internal Revenue Code of 1986 (relating to
taxable estate) is amended by adding at the end the follow-
ing new section:
‘‘SEC. 2057. CERTAIN REAL PROPERTY SUBJECT TO ENDAN-
GERED 
SPECIES 
CONSERVATION 
AGREE-
MENT.
‘‘(a) GENERAL RULE.—For purposes of the tax im-
posed by section 2001, the value of the taxable estate shall
be determined by deducting from the value of the gross
estate an amount equal to the value of any endangered
species agreement property included in the gross estate.
‘‘(b) ENDANGERED SPECIES AGREEMENT PROP-
ERTY.—For purposes of this section, the term ‘endangered
species agreement property’ means any real property if—
‘‘(1) each person who has an interest in such
property (whether or not in possession)—