IB
Union Calendar No. 28
105TH CONGRESS
1ST SESSION
H. R. 752
[Report No. 105–42]
To amend the Endangered Species Act of 1973 to ensure that persons
that suffer or are threatened with injury resulting from a violation
of the Act or a failure of the Secretary to act in accordance with
the Act have standing to commence a civil suit on their own behalf.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 13, 1997
Mrs. CHENOWETH (for herself, Mr. YOUNG of Alaska, Mr. SMITH of Oregon,
Mr. POMBO, Mr. DOOLITTLE, Mr. RADANOVICH, Mr. CRAPO, Mr. BART-
LETT
of Maryland, Mr. TAUZIN, Mr. RIGGS, Mr. BONO, Mr.
CUNNINGHAM, Mr. HANSEN, Mr. SAM
JOHNSON
of Texas, Mr.
ROHRABACHER, Mr. KOLBE, Mr. STUMP, Mr. SMITH of Texas, Mr.
THORNBERRY, Mr. MCINTOSH, Mr. GIBBONS, Mr. HERGER, Mr. BARTON
of Texas, Mr. BUNNING, Mr. HOSTETTLER, Mr. SNOWBARGER, Mr.
DICKEY, Mr. BURTON of Indiana, Mr. CANNON, Mr. ISTOOK, Mr.
ADERHOLT, Mr. COMBEST, Mr. NEUMANN, Mr. HILL, Mr. SOLOMON, Mr.
METCALF, Mrs. CUBIN, Mr. CRANE, Mr. BARR of Georgia, Mr. COOKSEY,
Mr. NEY, Mr. DELAY, Mr. HUNTER, Mr. PETERSON of Pennsylvania,
Mr. BONILLA, and Mr. MCKEON) introduced the following bill; which was
referred to the Committee on Resources
MARCH 21, 1997
Additional sponsors: Mr. CALVERT, Mr. LUCAS of Oklahoma, Mr. SHADEGG,
Mr. HASTINGS of Washington, and Mr. SKEEN
MARCH 21, 1997
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To amend the Endangered Species Act of 1973 to ensure
that persons that suffer or are threatened with injury
resulting from a violation of the Act or a failure of
the Secretary to act in accordance with the Act have
standing to commence a civil suit on their own behalf.
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 ‘‘Citizen’s Fair Hearing
Act of 1996’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Endangered Species Act of 1973 grants
broad regulatory authority to various agencies to
take actions to protect, preserve, and recover species
of plants and animals determined to be in danger of
extinction or threatened with becoming so within the
foreseeable future.
(2) Recently, private property owners and other
persons that have been adversely impacted by Fed-
eral agency actions under the Endangered Species
Act of 1973 have sought to bring civil actions for ju-
dicial review of those agency actions. The United
States Circuit Court of Appeals for the 9th Circuit
has found that plaintiffs in those actions do not have
standing to bring the suits, because they do not fall
into the zone of interests protected by the Endan-
gered Species Act of 1973.
SEC. 3. GIVING PERSONS WITH AFFECTED ECONOMIC IN-
TERESTS EQUAL STANDING TO SUE UNDER
THE ENDANGERED SPECIES ACT OF 1973.
Section 11(g)(1) of the Endangered Species Act of
1973 (16 U.S.C. 1540(g)(1)) is amended by striking so
much as precedes subparagraph (A) and inserting the fol-
lowing:
‘‘(g) CITIZEN SUITS.—(1) Except as provided in
paragraph (2), any person that satisfies the requirements
of the Constitution and demonstrates having suffered or
being threatened with economic or other injury resulting
from a violation of the Act or a failure of the Secretary
to act in accordance with the Act is deemed to be within
the zone of protected interests of this Act and shall have
standing to commence a civil suit on his or her own be-
half—’’.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Citizen’s Fair Hearing
Act of 1997’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Endangered Species Act of 1973 grants
broad regulatory authority to various agencies to take
actions to protect, preserve, and recover species of
plants and animals determined to be in danger of ex-
tinction or threatened with becoming so within the
foreseeable future.
(2) Recently, private property owners and other
persons that have been adversely impacted by Federal
agency actions under the Endangered Species Act of
1973 have sought to bring civil actions for judicial re-
view of those agency actions. The United States Cir-
cuit Court of Appeals for the 9th Circuit has found
that plaintiffs in those actions do not have standing
to bring the suits, because they do not fall into the
zone of interests protected by the Endangered Species
Act of 1973.
SEC. 3. GIVING PERSONS WITH AFFECTED ECONOMIC IN-
TERESTS EQUAL STANDING TO SUE UNDER
THE ENDANGERED SPECIES ACT OF 1973.
Section 11(g)(1) of the Endangered Species Act of 1973
(16 U.S.C. 1540(g)(1)) is amended by striking so much as
precedes subparagraph (A) and inserting the following:
‘‘(g) CITIZEN SUITS.—(1) Except as provided in para-
graph (2), any person that satisfies the requirements of the
Constitution and demonstrates having suffered or being
threatened with economic or other injury resulting from a
violation of this Act or a failure of the Secretary to act
in accordance with this Act is deemed to be within the zone
of protected interests of this Act and shall have standing
to commence a civil suit on his or her own behalf—’’.