I
104TH CONGRESS
2D SESSION
H. R. 3811
To provide incentives for the conservation and recovery of endangered species.
IN THE HOUSE OF REPRESENTATIVES
JULY 12, 1996
Mr. SHADEGG introduced the following bill; which was referred to the
Committee on Resources
A BILL
To provide incentives for the conservation and recovery 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
Incentive Act of 1996’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds and declares the
following:
(1) The United States has a unique and re-
markable natural heritage rich in fish, wildlife, and
plants that the people of the United States wish to
conserve for the well-being and benefit of future gen-
erations.
(2) In numerous instances, we have successfully
demonstrated the ability to restore, improve, and ef-
fectively manage natural resources, including fish,
wildlife, plants, and habitat.
(3) The United States has done so because of
the creativity and ingenuity of our single greatest re-
source, our people.
(4) According to General Accounting Office re-
ports, most endangered species are found on private
land. Therefore, successful conservation programs
must encourage private stewardship through incen-
tive-based programs to enlist the cooperation of own-
ers of private property and invigorate their conserva-
tion ethic.
(5) Effective Federal conservation efforts shall
ensure the multiple use of the vast Federal estate
now designated as multiple use lands, to ensure a
continuous supply of resources critical to the people
of the United States while ensuring these resources
are available for future generations.
(6) Federal conservation actions should incur
the lowest cost possible to citizens and taxpayers
and ensure efficient use of scarce conservation re-
sources.
(7) The United States should provide incentives
for State, local, and private conservation efforts to
enable and assist States, local governments, and the
private sector to create, maintain, and implement ef-
fective endangered species programs, and should af-
firmatively intervene in fish, wildlife, and plant re-
covery conservation efforts where there is a direct
and substantial effect on interstate commerce and
State, local, and private efforts have proven ineffec-
tive.
(8) The costs of programs which benefit society
as a whole should not be borne by individuals, but
should be shared equally by the public which benefits
from those programs.
(b) PURPOSE.—The purpose of this Act is to provide
incentives for the recovery and conservation of endangered
species.
SEC. 3. PREVENTING ENDANGERMENT.
Section 6 of the Endangered Species Act of 1973 (16
U.S.C. 1535) is amended—
(1) in the heading for the section, by striking
‘‘WITH THE STATES’’; and
‘‘(3) Any State, Indian tribe, or local government or
coalition of States, Indian tribes, or local governments
may submit a proposed conservation agreement to the Sec-
retary for consideration. The Secretary may provide tech-
nical assistance or other assistance as appropriate for the
development of such an agreement.
‘‘(4) Conservation agreements shall contain the fol-
lowing information:
‘‘(A) Objective, measurable scientific criteria
which, if met, would prevent endangerment.
‘‘(B) A description of site-specific management
actions to achieve the criteria required under sub-
paragraph (A) and a timetable for completing those
actions.
‘‘(C) A description of actions that will be taken
to minimize adverse social or economic impacts (if
any) resulting from implementation of the agree-
ment.
‘‘(D) Strategies that use existing Federal,
State, or other public lands to promote the conserva-
tion of the species or habitats that are the subject
of the agreement.
‘‘(E) An identification of the specific areas or
circumstances in which the implementation of the
agreement would help to reduce conflicts (if any) be-
tween conservation of species and economic activity.
‘‘(F) An identification of the opportunities for
cooperation among States, Indian tribes, local gov-
ernments, public utilities, and other interested per-
sons to undertake actions which would contribute to
the conservation of species or habitat.
‘‘(G) A method of monitoring the success of the
conservation agreement in preventing endangerment
and compliance with its terms.
‘‘(H) Any other information that the State, In-
dian tribe, local government, or the Secretary con-
siders appropriate.
‘‘(5)(A) The Secretary shall, within 90 days after the
date of submission of any conservation agreement under
this subsection, determine whether the agreement will
achieve the goals required under paragraph (1).
‘‘(B) If the conservation agreement is not approved
by the Secretary, the Secretary shall return the proposed
conservation agreement to the State, Indian tribe, or local
government (hereinafter referred to as an ‘agreement
party’) with suggestions for modification that would result
in approval of the conservation agreement.
‘‘(6)(A) If a species covered by an approved conserva-
tion agreement continues to decline and, as a result of the
factors under section 4(a), becomes an endangered species
or threatened species, the agreement party may request
the Secretary to transfer management authority for that
species over to the agreement party through a written
amendment to the conservation agreement.
‘‘(B) Such management authority shall consist of the
authority to grant permits under section 10, and to en-
force the provisions of section 9, consistent with the goals
and purposes of the Act.
‘‘(C) The Secretary shall comply with a request under
this paragraph within 60 days if the Secretary finds—
‘‘(i) the agreement party is able to conduct in-
vestigations to determine the status and require-
ments for survival and recovery of the species;
‘‘(ii) the agreement party is able to establish
and enforce programs for the conservation of the
species consistent with the goals and purposes of the
Act; and
‘‘(iii) the agreement party has committed to im-
plement and enforce sections 9 and 10 in a manner
consistent with the goals and purposes of the Act.
‘‘(D) The Secretary may provide technical and other
assistance as appropriate to the agreement party to carry
out the provisions of this paragraph.
‘‘(7) The agreement party shall submit an annual re-
port to the Secretary on the status of the species covered
by the conservation agreement. The Secretary shall review
the annual reports to determine whether the agreement
party is in compliance with the terms of the conservation
agreement. If the Secretary determines that the agree-
ment party is not in compliance, the Secretary shall imme-
diately notify the agreement party of that determination.
If the agreement party is unable to come into compliance
within 6 months after the date of such notification, the
conservation agreement shall be void.
‘‘(8) During the time period specified in a conserva-
tion agreement, the Secretary may not specify additional
terms to the agreement unless the Secretary and the
agreement party determine that the species is likely to be-
come an endangered species or threatened species within
the area covered by the conservation agreement during
that time period and additional terms are necessary to
prevent endangerment.
‘‘(9)(A) At the conclusion of the time period specified
under paragraph (6)(A) in a conservation agreement, the
Secretary and the agreement party shall review the terms
of the conservation agreement to determine whether the
conservation agreement is achieving the goal of preventing
endangerment. If the conservation agreement is achieving
that goal, the Secretary and the agreement party may ex-
tend the existing terms of the conservation agreement for
a period not to exceed 5 years, at which time the review
process shall be repeated. If the conservation agreement
is failing to achieve that goal, the Secretary and the agree-
ment party may—
‘‘(i) revise or renew the terms of the agreement;
or
‘‘(ii) choose not to renew the agreement, at
which time the authority for sections 9 and 10 shall
transfer back to the Secretary.
‘‘(B) If a species is determined to be an endangered
species or threatened species within an area covered by
a conservation agreement during the time period specified
in the agreement, the terms of the conservation agreement
shall not remain in effect for that species unless the agree-
ment is amended pursuant to paragraph (6).
‘‘(10) To assist the States in carrying out the pro-
gram under this subsection, the Secretary may utilize the
land acquisition and other authority under this Act.
‘‘(11) For purposes of this subsection, the term ‘pre-
vent endangerment’ means to conserve a species by elimi-
nating, reducing, or controlling threats to the species
which are otherwise likely to result in a determination
under this Act that the species is a threatened species or
endangered species.
‘‘(k) CONSISTENCY.—
‘‘(1) Each Federal agency conducting, support-
ing, or permitting activities in the area covered by
an approved conservation agreement under sub-
section (j) shall do so in a manner which is, to the
maximum extent practicable, consistent with the
conservation agreement and the goals of this Act.
‘‘(2)(A) After final approval by the Secretary of
a conservation agreement under subsection (j), any
applicant for a required Federal license, permit, or
support to conduct an activity affecting species with-
in the area covered by the conservation agreement
shall provide certification to the agency and the
agreement party that such activity will be conducted
in a manner consistent with the conservation agree-
ment.
‘‘(B) Within 90 days after receipt of certifi-
cation, the agreement party shall notify the Federal
agency that it concurs with or objects to the appli-
cant’s certification. If the agreement party fails to
furnish the required notification within 90 days, the
agreement party’s concurrence with the certification
shall be conclusively presumed. No license, permit,
or other support shall be granted by the Federal
agency until the agreement party has concurred or
until, by the agreement party’s failure to act, the
concurrence is conclusively presumed, unless the
Secretary finds, after providing a reasonable oppor-
tunity for comments from the Federal agency and
from the agreement party, that the activity is con-
sistent with the conservation agreement or is other-
wise necessary in the interest of national security.
‘‘(l) CONSERVATION ASSISTANCE FUND.—
‘‘(1) The Secretary shall establish a Conserva-
tion Assistance Fund (hereafter referred to in this
subsection as the ‘Fund’), that shall consist of all
sums appropriated for providing grants and ad-
vances under this subsection, and that shall be ad-
ministered by the Secretary as a revolving fund.
‘‘(2) The Secretary may make grants and inter-
est-free advances from the Fund to any State, In-
dian tribe, or local government to assist in the devel-
opment of a conservation agreement under this sec-
tion or a conservation plan under section 10.
‘‘(3) In making grants and advances under
paragraph (2) with respect to an agreement or a
plan, the Secretary shall consider—
‘‘(A) the number of species covered by the
agreement or plan;
‘‘(B) the commitment to participate in the
planning process from a diversity of interests,
including local governmental, business, environ-
mental, and landowner interests;
‘‘(C) the likelihood of success of the plan-
ning effort;
‘‘(D) the availability of matching funds
from the State or local government or other
sources; and
‘‘(E) other factors the Secretary considers
appropriate.
‘‘(4) Sums advanced from the Fund shall be re-
paid by the earlier of—
‘‘(A) 10 years after the date of the ad-
vance; or
‘‘(B)(i) in the case of an advance for a
conservation agreement under subsection (j), 3
years after the date of the advance if no agree-
ment is developed and submitted to the Sec-
retary within 2 years after the date of the ad-
vance; or
‘‘(ii) in the case of an advance for a con-
servation plan under section 10, 4 years after
the date of the advance if no permit is issued
under section 10(a)(1)(B) with respect to the
plan within 3 years after the date of the ad-
vance.
‘‘(5) Sums received by the United States as re-
payment of advances from the Fund shall be cred-
ited to the Fund and available for further grants or
advances in accordance with this subsection without
further appropriation.’’.
SEC. 4. INCENTIVES FOR ENDANGERED SPECIES CON-
SERVATION ON PRIVATE PROPERTY.
Section 14 of the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) is amended to read as follows:
‘‘COOPERATION WITH PRIVATE LANDOWNERS
‘‘SEC. 14. (a) IN GENERAL.—The Secretary shall
seek to work cooperatively with private landowners in the
conservation of threatened species and endangered species,
and shall seek to minimize adverse social and economic
consequences that may result from efforts to conserve
such species.
‘‘(b) PRIORITIES.—In developing any recovery plan
under section 4(f) for the conservation of a threatened
species or endangered species, the Secretary shall, to the
maximum extent practicable, give priority to actions in the
following order:
‘‘(1) Actions to conserve species on Federal
lands.
‘‘(2) In cooperation with the appropriate State,
actions to conserve species on State lands.
‘‘(3) In cooperation with the appropriate local
government, actions to conserve species on public
lands within the jurisdiction of that local govern-
ment.
‘‘(4) Ensuring that federally subsidized activi-
ties on private lands are consistent with the objec-
tives of the recovery plan.
‘‘(5) Ensuring that incentives to conserve spe-
cies on private lands under section 6(l) are used to
the maximum extent practicable.
‘‘(6) Regulating activities on private lands in a
manner that will minimize adverse economic impacts
through the use of habitat conservation plans under
section 10 and other mechanisms as appropriate.
‘‘(c) PUBLIC OUTREACH AND COMMUNITY ASSIST-
ANCE PROGRAMS.—(1) The Secretary shall establish a
Community Assistance Program to provide timely and ac-
curate information to local governments or property own-
ers.
‘‘(2) Community Assistance Program employees shall
be located within each field office of the United States
Fish and Wildlife Service. Their duties shall include, but
not be limited to—
‘‘(A) providing accurate, timely information on
local impacts of listings, recovery planning efforts,
and other actions under this Act;
‘‘(B) providing assistance on obtaining permits
under section 10 and other provisions of this Act;
‘‘(C) serving as a focal point for questions, re-
quests, complaints, and suggestions from property
owners and local governments concerning the poli-
cies and activities of the United States Fish and
Wildlife Service or other Federal agencies in the im-
plementation of this Act; and
‘‘(D) training Federal personnel on public out-
reach efforts.
‘‘(d) PRIVATE LANDOWNER COOPERATIVE AGREE-
MENT PROGRAM.—(1) The Secretary shall establish a pri-
vate landowner cooperative agreement program for the
purpose of encouraging the management, restoration, or
enhancement of habitats for endangered species or threat-
ened species on private lands in furtherance of the pur-
poses of this Act.
‘‘(2) The Secretary may enter into written coopera-
tive agreements with participating private landowners pur-
suant to the program established by this subsection.
‘‘(3) A cooperative agreement with a landowner under
this subsection shall—
‘‘(A) describe the private lands which are sub-
ject to the agreement, and any technical or other as-
sistance which may be provided to the landowner by
the Secretary under the agreement, as appropriate;
‘‘(B) describe, for the lands covered by the
agreement, as of the date the agreement is entered
into, the baseline population size and habitat, of en-
dangered species and threatened species that are
covered by the agreement;
‘‘(C) provide the participating landowner with
volunteer status under the Fish and Wildlife Im-
provement Act of 1956 (16 U.S.C. 742f(c));
‘‘(D) be effective for a period agreed to by the
parties to the agreement which is of sufficient dura-
tion to enhance the conservation of the species cov-
ered by the agreement, and be effective after that
period until revoked by the landowner by submission
of written notice to the Secretary;
‘‘(E) describe those measures necessary to fur-
ther the recovery of each species covered by the
agreement through the management, restoration, or
creation of habitat upon which the species is depend-
ent; and
‘‘(F) authorize, either during or after, or both,
the period the cooperative agreement is in effect, any
taking that—
‘‘(i) is otherwise incidental to, and not the
purpose of, the carrying out of any otherwise
lawful activity on the lands covered by the
agreement;
‘‘(ii) does not reduce for the lands covered
by the agreement the baseline population size or
habitat of the species covered by the agreement
below that described in the statement of the
Secretary under subparagraph (B); and
‘‘(iii) does not have the effect of reducing
the total amount of habitat available to the
overall population to levels below those available
to the population prior to the effective date of
the agreement.
‘‘(4) For purposes of this subsection, the term ‘base-
line population and habitat’ means the population size and
habitat of the species at the time the agreement is entered
into.
‘‘(e) VOLUNTARY
INCENTIVES
FOR
CONSERVING
SPECIES ON PRIVATE LANDS.—
‘‘(1) IN GENERAL.—The Secretary may estab-
lish voluntary incentive programs in accordance with
this subsection, and under those programs, enter
into written agreements with private landowners to
conserve endangered species or threatened species on
private lands consistent with the goals and purposes
of this Act.
‘‘(2) SPECIES RESERVE PROGRAM.—(A) Subject
to appropriations, the Secretary may establish under
this subsection a species reserve program through
contracts to assist owners of important habitats for
endangered species or threatened species in conserv-
ing those habitats.
‘‘(B) A contract under this paragraph shall set
forth—
‘‘(i) the conservation measures and prac-
tices to be carried out by the landowner during
the term of the contract; and
‘‘(ii) the commercial use, if any, to be per-
mitted on the land during such term.
‘‘(C) A contract under this paragraph may in-
clude terms under which the Secretary shall—
‘‘(i) share the cost of carrying out the con-
servation measures and practices set forth in
the contract for which the Secretary determines
that cost-sharing is appropriate and in the pub-
lic interest; and
‘‘(ii) provide technical assistance to the
landowner.
‘‘(3) AWARDS FOR ENDANGERED SPECIES CON-
SERVATION.—The Secretary may establish under
this subsection a program to recognize excellence in
non-Federal conservation of endangered species and
threatened species. Such program shall include, sub-
ject to the availability of appropriations, the annual
presentation of 3 Conservation Excellence Awards in
the amount of $5,000 each to private landowners for
voluntary efforts to conserve species.
‘‘(4) LAND EXCHANGES.—Consistent with exist-
ing law, the Secretary and the Secretary of Agri-
culture are encouraged to undertake exchanges of
land within the jurisdiction of each Secretary (other
than units of the National Park System, the Na-
tional Wildlife Refuge System, National Wild and
Scenic Rivers, or the National Wilderness System)
for private lands for purposes of furthering the goals
of this Act.’’.
SEC. 5. IMPROVING HABITAT CONSERVATION PLANNING.
Section 10(a) is amended by adding at the end the
following new paragraphs:
‘‘(3)(A) Habitat conservation plans developed pursu-
ant to this subsection may cover multiple species or habi-
tats. Any State, Indian tribe, local government, or other
person may develop and submit to the Secretary a habitat
conservation plan to conserve and manage multiple species
or habitats, including but not limited to any of the follow-
ing:
‘‘(i) Species listed as endangered or threatened
under section 4(b) of this Act or under State endan-
gered or threatened species conservation programs.
‘‘(ii) Species that are candidates for such list-
ing.
‘‘(iii) Other rare or declining species whose
habitat is located within the same ecosystem as is
habitat of species under clause (i) or (ii).
‘‘(B) The Secretary, in cooperation with the affected
State agencies and Indian tribes, shall issue standards and
guidelines for the development and approval of habitat
conservation plans under this subsection. Such standards
and guidelines shall include the development of a short,
simple, standardized form for private landowners whose
permit under this section applies to land in residential,
noncommercial use.
‘‘(C) The Secretary shall approve a permit applica-
tion for a multiple species conservation plan within 180
days of receipt of the application if the Secretary finds,
in addition to the criteria under paragraph (2)(B) of this
subsection, that such a plan—
‘‘(i) is consistent with the conservation of the
various species or habitats covered by the plan, or,
in the case of endangered or threatened species, is
consistent with the goals of recovery plans under
section 4(f) for those species; and
‘‘(ii) is consistent with any voluntary conserva-
tion agreements approved under section 6.
‘‘(D) Upon approval of a multiple species habitat con-
servation plan, otherwise lawful activities undertaken in
accordance with the approved plan shall be deemed to be
in compliance with the requirements of section 9.
‘‘(E) Other Federal agencies shall manage lands
under their jurisdiction in a manner which is consistent
with the conservation goals of the habitat conservation
plan.
‘‘(F) The Secretary may provide grants or interest-
free loans or other assistance to State, Indian tribes, local
governments, or other persons in support of the develop-
ment and implementation of habitat conservation plans
under this subsection.
‘‘(G) If the Secretary, in cooperation with the permit-
tee under this subsection, decides that additional mitiga-
tion measures are required to prevent the extinction or
further decline of a species covered under the terms of
a habitat conservation plan, a plan permittee who is in
compliance with such a plan shall not be required to bear
the cost of such measures.
‘‘(4)(A) If the Secretary receives a permit application
under this subsection for an activity on private property
which the Secretary, after consultation with the property
owner, finds does not meet the requirements established
under paragraph (2), the Secretary shall, at the request
of the applicant, prepare an analysis of the effect of such
finding on the use of private property in question. Such
analysis shall not be made available to the public without
the consent of the owner of the property.
‘‘(B) For purposes of this paragraph, the term ‘pri-
vate property’ means real property.’’.
SEC. 6. TECHNICAL ASSISTANCE PROGRAMS.
Section 6 (16 U.S.C. 1535) is further amended by
adding at the end the following new subsection:
‘‘(m) TECHNICAL ASSISTANCE PROGRAM.—The Sec-
retary shall initiate a technical assistance program to pro-
vide technical advice and assistance to non-Federal per-
sons who wish to participate in achieving the conservation
objectives for a species under this Act. The technical as-
sistance provided shall include information on habitat
needs of species, optimum management of habitat for spe-
cies, methods for propagation of species, feeding needs
and habits, predator controls, and any other information
which a non-Federal person may utilize or request for the
purpose of conserving a species determined to be an en-
dangered species or threatened species or proposed to be
determined as an endangered species or threatened spe-
cies.’’.
SEC. 7. ASSISTANCE TO SMALL PRIVATE LANDOWNERS AND
STATES AND LOCAL COMMUNITIES.
Section 16 of the Endangered Species Act of 1973
is amended to read as follows:
‘‘ASSISTANCE TO SMALL PRIVATE LANDOWNERS AND
STATES AND LOCAL COMMUNITIES
‘‘SEC. 16. (a) GUIDANCE TO STATE AND LOCAL COM-
MUNITIES.—The Secretary of the Interior shall prepare
and make publicly available a manual providing guidance,
in everyday language, to States and local communities re-
garding the establishment of a community-based recovery
planning process. The Secretary shall supplement the
manual with an introductory video and kit for training
members of community-based recovery committees. The
manual, video, and training materials shall be designed
to specifically encourage and prepare members of commu-
nity-based recovery committees to carry out effective pub-
lic information programs in their local communities.
‘‘(b) INFORMATION
REGARDING
UPCOMING
AC-
TIONS.—The Secretary shall publish, in the Federal Reg-
ister and through appropriate local news sources, reliable
and timely information regarding upcoming listings of spe-
cies, designations of critical habitat, and issuance of recov-
ery plans under this Act.
‘‘(c) TECHNICAL ASSISTANCE PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a program to provide, through field offices of
the United States Fish and Wildlife Service and the
National Marine Fisheries Service and a toll free
telephone number, technical assistance and guidance
regarding—
‘‘(A) how to conserve endangered species
and their habitats,
‘‘(B) how this Act effects lands owners,
and
‘‘(C) how to obtain permits under section
10(a)(1)(B) authorizing an incidental taking.
‘‘(2) TRACKING SYSTEM.—The program estab-
lished under this subsection shall include a tracking
system to establish target response times that en-
sure that requests for assistance are handled in a
timely manner.
‘‘(3) INFORMATION
REGARDING
ALTERNATIVE
DISPUTE
RESOLUTION.—The program established
under this subsection shall include the provision of
information to landowners regarding their rights to
make claims in the United States Claims Court
through the alternative dispute resolution process.
‘‘(d) CLARIFICATION OF PROHIBITED AND ALLOWED
ACTIVITIES.—Upon the inclusion of a species in a list of
endangered species under section 4, the Secretary shall,
to the extent practicable, identify and publish a list of
known activities affecting the species or its habitat that
are prohibited under this Act, and a list of known activi-
ties affecting the species or its habitat that are not prohib-
ited under this Act.’’.
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