Threatened and Endangered Species Recovery Act of 2005

Bill: 109-hr-3824
Sponsor: Rep. Pombo, Richard W. [R-CA-11]
Introduced: 2005-09-19 in the House
Policy area: Public Lands and Natural Resources
Subjects: Administrative procedure
Administrative remedies
Agriculture and Food
Animals
Armed Forces and National Security
Authorization
Canals
Civil Rights and Liberties, Minority Issues
Commerce
Compensation (Law)
Congress
Congressional reporting requirements
Cost accounting
Department of Agriculture
Department of Commerce
Department of the Interior
Directories
Disaster relief
Disasters
Ecological research
Economic development
Economics and Public Finance
Electronic data interchange
Electronic government information
Emergency Management
Endangered species
Energy
Environmental Protection
Environmental assessment
Environmental monitoring
Evidence (Law)
Executive reorganization
Export controls
Extinction (Biology)
Federal advisory bodies
Federal-Indian relations
Federal-state relations
Fishing
Foreign Trade and International Finance
Freedom of information
Gifts
Government Operations and Politics
Government paperwork
Government publicity
Grants-in-aid
Habitat conservation
Housing and Community Development
Hunting
Import restrictions
Land transfers
Land use
Landowners
Law
Licenses
Livestock
Losses
Minorities
Native Americans
Pesticide regulation
Planning
Power marketing administrations
Public-private partnerships
Range management
Real estate development
Reservoirs
Right of property
Science, Technology, Communications
Sports and Recreation
Standards
Surveys
Valuation
Water Resources Development
Water rights
Wild animal trade
Wildlife conservation
Wildlife refuges
Wildlife reintroduction

Summary:
action_date: 2005-09-19
text: 
Threatened and Endangered Species Recovery Act of 2005 - Amends the Endangered Species Act of 1973 to revise various provisions of that Act relating to the determination of endangered and threatened species, procedures for making such determinations, and the role of states and private property owners in the determination process.
 
Defines &quot;best available scientific data&quot; and requires the use of such standard in making endangered species and other determinations under the Act.
 
Revises provisions for designating endangered or threatened species and the process for reviewing lists of such species. 
 
Repeals the authority of the Secretary of the Interior (or the Secretary of Commerce) to designate a critical habitat for an endangered or threatened species.
 
Directs the Secretary of the Interior to develop and implement recovery plans for endangered or threatened species and to establish recovery teams to assist in the development of such plans, giving priority to species that will most likely benefit from such plans. 
 
Authorizes the Secretary to: (1) enter into species recovery agreements and species conservation contract agreements with persons, other than federal or state governments, for conservation activities to protect endangered or threatened species; and (2) make grants to promote the voluntary conservation of endangered and threatened species by private property owners.
 
Eliminates the Endangered Species Committee and the process for granting exemptions from endangered or threatened species determinations.
 
Requires the Secretary to make certain information available to the public on the Internet, including lists of threatened or endangered species, final and proposed regulations under the Act, results of five-year reviews conducted under the Act, all draft and final recovery plans, and certain required reports and data.
 
Requires the Secretary to report to Congress annually on expenditures made primarily for the conservation of species. 
 
Authorizes appropriations for FY2006-FY2010.

action_date: 2005-09-27
text: 
Threatened and Endangered Species Recovery Act of 2005 - Amends the Endangered Species Act of 1973 (ESA) to revise various provisions of that Act relating to determinations of endangered or threatened species, recovery plans for such species, and the role of states and private property owners in protecting such species.
 
(Sec. 3) Defines &quot;best available scientific data&quot; as scientific data, regardless of source, that are available to the Secretary of the Interior at the time of a decision or action for which such data are required by ESA and that the Secretary determines are the most accurate, reliable, and relevant for use in that decision or action. (The Secretary of the Interior has primary responsibility for enforcing ESA, but the Secretaries of Agriculture and of Commerce also have certain program responsibilities under ESA.)
 
Requires the Secretary to: (1) issue regulations to establish criteria for determining which data constitute the best available scientific data; and (2) take steps to secure the best available scientific data. 
 
Redefines &quot;permit or license applicant&quot; as any person who has applied to a federal agency for a permit or license or for formal legal approval to perform an act.
 
Defines &quot;jeopardize the continued existence&quot; as a federal agency action that reasonably would be expected to significantly impede, directly or indirectly, the conservation in the long-term of the species in the wild. 
 
(Sec. 4) Revises criteria for making determinations of endangered or threatened species. Directs the Secretary to use the authority to make such determinations only sparingly.
 
Substitutes the criteria of &quot;best available scientific data&quot; for &quot;best scientific and commercial data available&quot; in making determinations of endangered or threatened species. 
 
Requires the Secretary to consider information contained in recovery plan biennial reports to Congress and any other relevant information in conducting the five-year reviews of lists of endangered or threatened species required by ESA.
 
(Sec. 5) Repeals the authority of the Secretary to designate critical habitats. 
 
(Sec. 6) Prohibits the Secretary from finding that a petition to add or remove a species from the endangered or threatened species list presents substantial scientific or commercial information unless the petitioner provides the Secretary with a copy of all information cited in such petition. 
 
Requires the Secretary to provide notice of any regulation, including emergency regulations, implementing an endangered or threatened species determination, designation, or revision to the governor of a state, as well as the appropriate state agency.
 
Requires the Secretary to: (1) make available on the Internet a complete record of all information concerning the determination or revision of an endangered or threatened species listing; (2) include in such record any status review, all information cited in such review, and all information submitted by third parties; and (3) withhold from public review information protected by the Administrative Procedures Act. 
 
(Sec. 7) Requires the Secretary in reviewing any proposed change in the status of an endangered or threatened species to consider: (1) criteria identified in a recovery plan or criteria established by ESA; (2) a finding of fundamental error in an initial determination; and (3) a determination that a species is no longer an endangered or threatened species or in danger of extinction.
 
(Sec. 8) Provides that the governor of a state, a county, or a unit or local government, as well as the appropriate state agency, may comment on ESA regulations proposed by the Secretary.
 
(Sec. 9) Revises ESA recovery plan provisions to require the Secretary to give priority in developing recovery plans to species that are most likely to benefit from such plans, particularly species that are in conflict with economic development activity. Sets forth deadlines for the publication of recovery plans.
 
Requires recovery plans to be based upon the best available scientific data and to include objective, measurable criteria for making endangered or threatened species determinations and alternative species protection measures that are least costly. 
 
Directs the Secretary to: (1) issue regulations to establish recovery teams for the development of recovery plans; (2) provide biennial reports to Congress on the status of all domestic endangered or threatened species and the status of efforts to develop and implement recovery plans; and (3) consult with states, Indian tribes, or regional or local land use agencies prior to the approval of a new or revised recovery plan.
 
Authorizes the Secretary to enter into species recovery agreements and species conservation contract agreements with persons, other than federal or state agencies, to provide incentives for species recovery and conservation activities. Requires the Secretary to make anuual payments to such persons to implement the agreements. Prohibits the Secretary, or any other federal official, from coercing any individual to participate in such an agreement. 
 
(Sec. 10) Revises provisions relating to cooperative agreements between the Secretary and states and Indian tribes to allow such agreements to: (1) cover a candidate species or any other species that the Secretary and the state agree is at risk of being determined an endangered or threatened species in that state; (2) provide for monitoring, or monitoring assistance, for candidate and recovered species; and (3) require that any agreement to enroll private lands or water rights be made on a voluntary basis.
 
Authorizes the Secretary to suspend or terminate a cooperative agreement under certain conditions, after consultation with the governor of an affected state.
 
(Sec. 11) Revises provisions relating to federal interagency cooperation and consultations under ESA. Applies the best available scientific data standard to such consultations.
 
Authorizes the Secretary to adopt by regulation alternative procedures for consultations with federal agencies taking actions that may jeopardize the continued existence of endangered or threatened species (jeopardy analysis). Requires federal agencies or the Secretary, in conducting any jeopardy analysis, to consider only the effects of any agency actions that are distinct from a baseline of all effects upon the species that have occurred or are occurring prior to such actions. 
 
Requires the Secretary to consider any comment from a federal agency and a permit or license applicant before issuing a final written opinion (incidental take statement) on the effect of a federal agency action on an endangered or threatened species and to publish notice of such written opinion in the Federal Register. Requires that terms and conditions imposed upon an agency or applicant be roughly proportional to the impact of the incidental taking identified in the Secretary's written opinion.
 
Eliminates the Endangered Species Committee and the process for obtaining federal agency exemptions under ESA.
 
(Sec. 12) Modifies provisions relating to incidental take permits to require habitat conservation plans submitted with a permit application to include: (1) objective, measurable biological goals to be achieved for the species and specific measures for achieving such goals; (2) measures for monitoring impacts of such plans on species; and (3) adaptive management provisions. 
 
Requires that the terms and conditions offered by the Secretary to reduce or offset the impacts of incidental taking shall be roughly proportional to the impact of the incidental taking. Preserves the authority of the Secretary to require greater than acre-for acre mitigation when necessary to address the extent of such impacts.
 
Extends (from 30 to 45 days) the period for public review and comment on applications for incidental take permits.
 
Permits a private property owner to request a written determination from the Secretary that a proposed use of the owner's property complies with ESA take avoidance requirements.
 
Authorizes the President to waive requirements under ESA if necessary for national security or in the event of a federally-declared major disaster. Directs the Secretary to issue regulations for the application of ESA in an emergency involving a threat to human health or safety or to property. 
 
(Sec. 13) Authorizes the Secretary to provide grants to promote the voluntary conservation of endangered or threatened species by private property owners. Requires the Secretary to compensate such owners for the cost to them of conservation measures imposed by this Act. Establishes priorities for awarding grants to private property owners and procedures for applications for such grants. 
 
Requires the Secretary to report to Congress annually on all aid and grants awarded to private property owners and to make such report available to the public on the Internet. 
 
(Sec. 14) Requires the Secretary to make publicly available on the Internet: (1) lists of threatened or endangered species; (2) all final and proposed regulations relating to such lists; (3) the results of all five-year reviews of such lists; (4) all draft and final recovery plans; and (5) certain required reports and data.
 
(Sec. 15) Revises requirements for the annual report of the Secretary to Congress on expenditures made primarily for the conservation of species. Requires the Secretary to provide a means for local governments to voluntarily submit verified electronic data on their expenditures for the conservation of species.
 
Denies financial assistance under ESA to states that fail to provide the Secretary with information on expenditures on a species-by-species basis. 
 
(Sec. 16) Authorizes the Secretary to reimburse owners of livestock for any loss of livestock resulting from reintroduction of endangered and threatened species into the wild. 
 
(Sec. 17) Authorizes appropriations for FY2006-FY2010. Makes certain technical and clerical amendments to ESA. 
 
(Sec. 20) Deems any actions taken by a federal or state agency or other person with respect to a pesticide that complies with the Federal Insecticide, Fungicide, and Rodenticide Act to comply with specified provisions of ESA relating to consultation with federal agencies and take avoidance requirements.

action_date: 2005-09-29
text: 
Threatened and Endangered Species Recovery Act of 2005 - Amends the Endangered Species Act of 1973 (ESA) to revise various provisions of that Act relating to determinations of endangered or threatened species, recovery plans for such species, and the role of states and private property owners in protecting such species.
 
(Sec. 3) Defines &quot;best available scientific data&quot; as scientific data, regardless of source, that are available to the Secretary of the Interior at the time of a decision or action for which such data are required by ESA and that the Secretary determines are the most accurate, reliable, and relevant for use in that decision or action. (The Secretary of the Interior has primary responsibility for enforcing ESA, but the Secretaries of Agriculture and of Commerce also have certain program responsibilities under ESA.)
 
Requires the Secretary to: (1) issue regulations to establish criteria for determining which data constitute the best available scientific data; and (2) take steps to secure the best available scientific data. 
 
Redefines &quot;permit or license applicant&quot; as any person who has applied to a federal agency for a permit or license or for formal legal approval to perform an act.
 
(Sec. 4) Revises criteria for making determinations of endangered or threatened species. Requires the Secretary to make such determinations only sparingly and to prepare an analysis when such determinations are made of the economic, national security, and other relevant impacts and benefits of such determinations.
 
Substitutes the criteria of &quot;best available scientific data&quot; for &quot;best scientific and commercial data available&quot; in making determinations of endangered or threatened species. 
 
Requires the Secretary to consider information contained in recovery plan biennial reports to Congress and any other relevant information in conducting the five-year reviews of lists of endangered or threatened species required by ESA.
 
(Sec. 5) Repeals the authority of the Secretary to designate critical habitats. 
 
(Sec. 6) Prohibits the Secretary from finding that a petition to add or remove a species from the endangered or threatened species list presents substantial scientific or commercial information unless the petitioner provides the Secretary with a copy of all information cited in such petition. 
 
Requires the Secretary to provide notice of any regulation, including emergency regulations, implementing an endangered or threatened species determination, designation, or revision to the governor of a state, as well as the appropriate state agency.
 
Requires the Secretary to: (1) make available on the Internet a complete record of all information concerning the determination or revision of an endangered or threatened species listing; (2) include in such record any status review, all information cited in such review, and all information submitted by third parties; and (3) withhold from public review information protected by the Administrative Procedures Act. 
 
(Sec. 7) Requires the Secretary in reviewing any proposed change in the status of an endangered or threatened species to consider: (1) criteria identified in a recovery plan or criteria established by ESA; (2) a finding of fundamental error in an initial determination; and (3) a determination that a species is no longer an endangered or threatened species or in danger of extinction.
 
(Sec. 8) Provides that the governor of a state, a county, or a unit or local government, as well as the appropriate state agency, may comment on ESA regulations proposed by the Secretary.
 
(Sec. 9) Revises ESA recovery plan provisions to require the Secretary to give priority in developing recovery plans to species that are most likely to benefit from such plans, particularly species that are in conflict with economic development activity. Sets forth deadlines for the publication of recovery plans.
 
Requires recovery plans to be based upon the best available scientific data and to include objective, measurable criteria for making endangered or threatened species determinations and alternative species protection measures that are least costly. 
 
Directs the Secretary to: (1) issue regulations to establish recovery teams for the development of recovery plans; (2) provide biennial reports to Congress on the status of all domestic endangered or threatened species and the status of efforts to develop and implement recovery plans; and (3) consult with states, Indian tribes, or regional or local land use agencies prior to the approval of a new or revised recovery plan.
 
Authorizes the Secretary to enter into species recovery agreements and species conservation contract agreements with persons, other than federal or state agencies, to provide incentives for species recovery and conservation activities. Requires the Secretary to make anuual payments to such persons to implement the agreements. Prohibits the Secretary, or any other federal official, from coercing any individual to participate in such an agreement. 
 
(Sec. 10) Revises provisions relating to cooperative agreements between the Secretary and states and Indian tribes to allow such agreements to: (1) cover a candidate species or any other species that the Secretary and the state agree is at risk of being determined an endangered or threatened species in that state; (2) provide for monitoring, or monitoring assistance, for candidate and recovered species; and (3) require that any agreement to enroll private lands or water rights be made on a voluntary basis.
 
Authorizes the Secretary to suspend or terminate a cooperative agreement under certain conditions, after consultation with the governor of an affected state.
 
(Sec. 11) Revises provisions relating to federal interagency cooperation and consultations under ESA. Applies the best available scientific data standard to such consultations.
 
Authorizes the Secretary to adopt by regulation alternative procedures for consultations with federal agencies taking actions that may jeopardize the continued existence of endangered or threatened species (jeopardy analysis). Requires federal agencies or the Secretary, in conducting any jeopardy analysis, to consider only the effects of any agency actions that are distinct from a baseline of all effects upon the species that have occurred or are occurring prior to such actions. 
 
Requires the Secretary to consider any comment from a federal agency and a permit or license applicant before issuing a final written opinion (incidental take statement) on the effect of a federal agency action on an endangered or threatened species and to publish notice of such written opinion in the Federal Register. Requires that terms and conditions imposed upon an agency or applicant be roughly proportional to the impact of the incidental taking identified in the Secretary's written opinion.
 
Eliminates the Endangered Species Committee and the process for obtaining federal agency exemptions under ESA.
 
(Sec. 12) Modifies provisions relating to incidental take permits to require habitat conservation plans submitted with a permit application to include: (1) objective, measurable biological goals to be achieved for the species and specific measures for achieving such goals; (2) measures for monitoring impacts of such plans on species; and (3) adaptive management provisions. 
 
Requires that the terms and conditions offered by the Secretary to reduce or offset the impacts of incidental taking shall be roughly proportional to the impact of the incidental taking. Preserves the authority of the Secretary to require greater than acre-for acre mitigation when necessary to address the extent of such impacts.
 
Extends (from 30 to 45 days) the period for public review and comment on applications for incidental take permits.
 
Permits a private property owner to request a written determination from the Secretary that a proposed use of the owner's property complies with ESA take avoidance requirements.
 
Authorizes the President to waive requirements under ESA if necessary for national security or in the event of a federally-declared major disaster. Directs the Secretary to issue regulations for the application of ESA in an emergency involving a threat to human health or safety or to property. 
 
Exempts operators of certain water delivery facilities from liability for a taking of any aquatic species resulting from state-managed recreational fishing programs.
 
(Sec. 13) Authorizes the Secretary to provide grants to promote the voluntary conservation of endangered or threatened species by private property owners. Requires the Secretary to compensate such owners for the cost to them of conservation measures imposed by this Act. Establishes priorities for awarding grants to private property owners and procedures for applications for such grants. 
 
Requires the Secretary to report to Congress annually on all aid and grants awarded to private property owners and to make such report available to the public on the Internet.
 
(Sec. 14) Requires the Secretary to make publicly available on the Internet: (1) lists of threatened or endangered species; (2) all final and proposed regulations relating to such lists; (3) the results of all five-year reviews of such lists; (4) all draft and final recovery plans; and (5) certain required reports and data.
 
(Sec. 15) Revises requirements for the annual report of the Secretary to Congress on expenditures made primarily for the conservation of species. Requires the Secretary to provide a means for local governments to voluntarily submit verified electronic data on their expenditures for the conservation of species.
 
Denies financial assistance under ESA to states that fail to provide the Secretary with information on expenditures on a species-by-species basis. 
 
(Sec. 16) Authorizes the Secretary to reimburse owners of livestock for any loss of livestock resulting from reintroduction of endangered and threatened species into the wild. 
 
(Sec. 17) Authorizes appropriations for FY2006-FY2010. Makes certain technical and clerical amendments to ESA. 
 
(Sec. 20) Deems any actions taken by a federal or state agency or other person with respect to a pesticide that complies with the Federal Insecticide, Fungicide, and Rodenticide Act to comply with specified provisions of ESA relating to consultation with federal agencies and take avoidance requirements.
 
(Sec. 21) Directs the President to transfer to the Secretary all duties, resources, and responsibilities of the Secretary of Commerce under ESA. Directs the Secretary and the Secretary of Commerce to jointly report to specified congressional committees on such transfer.
 
(Sec. 22) Directs the Secretary to review ESA regulations relating to the conservation of endangered or threatened species and to report to Congress on such review. 
 
(Sec. 23) Directs the Administrator of the Bonneville Power Administrations, the Western Area Power Administration, the Southwestern Power Administration, and the Southeastern Power Administration to include in customer billing statements information identifying each customer's share of ESA compliance costs.
 
(Sec. 24) Directs the Secretary to survey all lands under the administrative jurisdiction of the Bureau of Land Management and the Forest Service prior to the enactment of this Act to assess the value of such lands for management of endangered and threatened species and for addition to the National Wildlife Refuge System. 
 
(Sec. 25) Declares that the consultation process under ESA is equivalent to an incidental take authorization under the Marine Mammal Protection Act of 1972 for receiving dock building permits.


Legislative actions:
action_date: 2005-09-30
text: Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
action_date: 2005-09-29
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2005-09-29
text: On passage Passed by recorded vote: 229 - 193 (Roll no. 506).
action_date: 2005-09-29
text: Passed/agreed to in House: On passage Passed by recorded vote: 229 - 193 (Roll no. 506).
action_date: 2005-09-29
text: The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
action_date: 2005-09-29
text: The previous question was ordered pursuant to the rule. (consideration: CR H8583)
action_date: 2005-09-29
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3824.
action_date: 2005-09-29
text: DEBATE - Pursuant to the provisions of H. Res. 470, the Committee of the Whole proceeded with one hour of debate on the George Miller (CA) amendment in the nature of a substitute.
action_date: 2005-09-29
text: DEBATE - Pursuant to the provisions of H. Res. 470, the Committee of the Whole proceeded with 20 minutes of debate on the Pombo amendment.
action_date: 2005-09-29
text: GENERAL DEBATE - The Committee of the Whole resumed debate on H.R. 3824.
action_date: 2005-09-29
text: The House resolved into Committee of the Whole House on the state of the Union for further consideration.
action_date: 2005-09-29
text: Considered as unfinished business. (consideration: CR H8537-8546, H8546-8584)
action_date: 2005-09-29
text: Committee of the Whole House on the state of the Union rises leaving H.R. 3824 as unfinished business.
action_date: 2005-09-29
text: GENERAL DEBATE - The Committee of the Whole proceeded with 90 minutes of general debate on H.R. 3824.
action_date: 2005-09-29
text: The Speaker designated the Honorable John E. Sweeney to act as Chairman of the Committee.
action_date: 2005-09-29
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 470 and Rule XVIII.
action_date: 2005-09-29
text: Rule provides for consideration of H.R. 3824 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
action_date: 2005-09-29
text: Considered under the provisions of rule H. Res. 470. (consideration: CR H8535-8537; text of measure as reported House: CR H8552-8560)
action_date: 2005-09-29
text: Rule H. Res. 470 passed House.
action_date: 2005-09-28
text: Rules Committee Resolution H. Res. 470 Reported to House. Rule provides for consideration of H.R. 3824 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
action_date: 2005-09-27
text: Placed on the Union Calendar, Calendar No. 131.
action_date: 2005-09-27
text: Reported (Amended) by the Committee on Resources. H. Rept. 109-237.
action_date: 2005-09-27
text: Reported (Amended) by the Committee on Resources. H. Rept. 109-237.
action_date: 2005-09-22
text: Ordered to be Reported (Amended) by the Yeas and Nays: 26 - 12.
action_date: 2005-09-22
text: Committee Consideration and Mark-up Session Held.
action_date: 2005-09-21
text: Committee Hearings Held.
action_date: 2005-09-19
text: Referred to the House Committee on Resources.
action_date: 2005-09-19
text: Introduced in House
action_date: 2005-09-19
text: Introduced in House