3.0.0 3824 2023-01-13T04:50:11Z 2023-01-13T04:50:11Z House H HR 2005-09-19 109 ssev00 Environment and Public Works Committee Senate Standing Referred to 2005-09-30T16:59:21Z hsii00 Natural Resources Committee House Standing Reported by 2005-09-28T01:57:12Z Markup by 2005-09-22T18:36:23Z Hearings by 2005-09-21T19:56:59Z Referred to 2005-09-19T16:00:15Z H. Rept. 109-237 Collaboration for the Recovery of Endangered Species Act 109 2110 S 2005-12-15 Read twice and referred to the Committee on Finance. Related bill CRS Text similarities House Providing for consideration of the bill (H.R. 3824) to amend and reauthorize the Endangered Species Act of 1973 to provide greater results conserving and recovering listed species, and for other purposes. 109 470 HRES 2005-09-29 Motion to reconsider laid on the table Agreed to without objection. 12:11:12 Procedurally-related House Text similarities House 2005-09-30 ssev00 Environment and Public Works Committee Senate Received in the Senate and Read twice and referred to the Committee on Environment and Public Works. IntroReferral 2005-09-29 17:10:58 Motion to reconsider laid on the table Agreed to without objection. Floor H38310 2 House floor actions 2005-09-29 17:10:57 On passage Passed by recorded vote: 229 - 193 (Roll no. 506). Floor H37100 2 House floor actions 506 https://clerk.house.gov/evs/2005/roll506.xml House 109 2005-09-29T21:10:57Z 1 2005-09-29 17:10:57 Passed/agreed to in House: On passage Passed by recorded vote: 229 - 193 (Roll no. 506). Floor 8000 9 Library of Congress 506 https://clerk.house.gov/evs/2005/roll506.xml House 109 2005-09-29T21:10:57Z 1 2005-09-29 16:54:13 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. Floor H34400 2 House floor actions 2005-09-29 16:53:11 The previous question was ordered pursuant to the rule. (consideration: CR H8583) Floor H35000 2 House floor actions 2005-09-29 16:52:43 The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3824. Floor H32600 2 House floor actions 2005-09-29 15:10:45 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. Floor H8D000 2 House floor actions 2005-09-29 14:47:26 DEBATE - Pursuant to the provisions of H. Res. 470, the Committee of the Whole proceeded with 20 minutes of debate on the Pombo amendment. Floor H8D000 2 House floor actions 2005-09-29 13:20:10 GENERAL DEBATE - The Committee of the Whole resumed debate on H.R. 3824. Floor H8D000 2 House floor actions 2005-09-29 13:20:00 The House resolved into Committee of the Whole House on the state of the Union for further consideration. Floor H32050 2 House floor actions 2005-09-29 13:19:48 Considered as unfinished business. (consideration: CR H8537-8546, H8546-8584) Floor H30000 2 House floor actions 2005-09-29 13:18:46 Committee of the Whole House on the state of the Union rises leaving H.R. 3824 as unfinished business. Floor H32700 2 House floor actions 2005-09-29 12:56:23 GENERAL DEBATE - The Committee of the Whole proceeded with 90 minutes of general debate on H.R. 3824. Floor H8D000 2 House floor actions 2005-09-29 12:56:10 The Speaker designated the Honorable John E. Sweeney to act as Chairman of the Committee. Floor H32400 2 House floor actions 2005-09-29 12:56:09 House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 470 and Rule XVIII. Floor H32020 2 House floor actions 2005-09-29 12:55:52 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. Floor H8D000 2 House floor actions 2005-09-29 12:55:47 Considered under the provisions of rule H. Res. 470. (consideration: CR H8535-8537; text of measure as reported House: CR H8552-8560) Floor H30000 2 House floor actions 2005-09-29 12:11:11 Rule H. Res. 470 passed House. Floor H1L220 2 House floor actions 2005-09-28 19:08:47 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. Floor H1L210 2 House floor actions 2005-09-27 Placed on the Union Calendar, Calendar No. 131. Calendars H12410 2 House floor actions U00131 2005-09-27 Reported (Amended) by the Committee on Resources. H. Rept. 109-237. Committee H12200 2 House floor actions hsii00 Natural Resources Committee 2005-09-27 Reported (Amended) by the Committee on Resources. H. Rept. 109-237. Committee 5000 9 Library of Congress hsii00 Natural Resources Committee 2005-09-22 hsii00 Natural Resources Committee 1 House committee actions Ordered to be Reported (Amended) by the Yeas and Nays: 26 - 12. Committee 2005-09-22 hsii00 Natural Resources Committee 1 House committee actions Committee Consideration and Mark-up Session Held. Committee 2005-09-21 hsii00 Natural Resources Committee 1 House committee actions Committee Hearings Held. Committee 2005-09-19 Referred to the House Committee on Resources. IntroReferral H11100 2 House floor actions hsii00 Natural Resources Committee 2005-09-19 Introduced in House IntroReferral Intro-H 9 Library of Congress 2005-09-19 Introduced in House IntroReferral 1000 9 Library of Congress P000419 Rep. Pombo, Richard W. [R-CA-11] RICHARD POMBO R CA W. 11 N C001050 Rep. Cardoza, Dennis A. [D-CA-18] Dennis Cardoza D CA A. 18 2005-09-19 True W000791 Rep. Walden, Greg [R-OR-2] GREG WALDEN R OR 2 2005-09-19 True B000420 Rep. Berry, Marion [D-AR-1] MARION BERRY D AR 1 2005-09-19 True R000004 Rep. Radanovich, George [R-CA-19] GEORGE RADANOVICH R CA P. 19 2005-09-19 True R000573 Rep. Ross, Mike [D-AR-4] MIKE ROSS D AR 4 2005-09-19 True C000962 Rep. Cubin, Barbara [R-WY-At Large] BARBARA CUBIN R WY 0 2005-09-19 True M001159 Rep. McMorris, Cathy [R-WA-5] Cathy McMorris R WA 5 2005-09-19 True T000193 Rep. Thompson, Bennie G. [D-MS-2] BENNIE THOMPSON D MS 2 2005-09-19 True B001235 Rep. Brown, Henry E., Jr. [R-SC-1] HENRY BROWN R SC E. 1 2005-09-19 True B001234 Rep. Baca, Joe [D-CA-43] JOE BACA D CA 43 2005-09-19 True G000546 Rep. Graves, Sam [R-MO-6] SAM GRAVES R MO 6 2005-09-19 True C001059 Rep. Costa, Jim [D-CA-20] Jim Costa D CA 20 2005-09-19 True G000152 Rep. Gibbons, Jim [R-NV-2] JIM GIBBONS R NV 2 2005-09-19 True C000116 Rep. Cannon, Chris [R-UT-3] CHRIS CANNON R UT 3 2005-09-20 False D000605 Rep. Drake, Thelma D. [R-VA-2] Thelma Drake R VA D. 2 2005-09-22 False B000617 Rep. Bonilla, Henry [R-TX-23] HENRY BONILLA R TX 23 2005-09-22 False C001062 Rep. Conaway, K. Michael [R-TX-11] K. Conaway R TX Michael 11 2005-09-22 False B001243 Rep. Blackburn, Marsha [R-TN-7] Marsha Blackburn R TN 7 2005-09-22 False D000603 Rep. Davis, Geoff [R-KY-4] Geoff Davis R KY 4 2005-09-22 False L000293 Rep. Lewis, Ron [R-KY-2] RON LEWIS R KY 2 2005-09-22 False J000287 Rep. Jindal, Bobby [R-LA-1] Bobby Jindal R LA 1 2005-09-22 False P000263 Rep. Peterson, John E. [R-PA-5] JOHN PETERSON R PA E. 5 2005-09-22 False R000571 Rep. Rehberg, Dennis R. [R-MT-At Large] DENNIS REHBERG R MT R. 0 2005-09-22 False O000166 Rep. Otter, C. L. (Butch) [R-ID-1] C. L. OTTER R ID 1 2005-09-22 False B000490 Rep. Bishop, Sanford D., Jr. [D-GA-2] SANFORD BISHOP D GA D. 2 2005-09-22 False B001245 Del. Bordallo, Madeleine Z. [D-GU-At Large] Madeleine Bordallo D GU Z. 0 2005-09-22 False B001254 Rep. Boren, Dan [D-OK-2] Dan Boren D OK 2 2005-09-22 False O000159 Rep. Owens, Major R. [D-NY-11] MAJOR OWENS D NY R. 11 2005-09-22 False 2005-09-27 P000258 Rep. Peterson, Collin C. [D-MN-7] COLLIN PETERSON D MN C. 7 2005-09-22 False B000755 Rep. Brady, Kevin [R-TX-8] KEVIN BRADY R TX 8 2005-09-27 False C000059 Rep. Calvert, Ken [R-CA-44] KEN CALVERT R CA 44 2005-09-27 False C000994 Rep. Cunningham, Randy (Duke) [R-CA-50] RANDY CUNNINGHAM R CA 50 2005-09-27 False D000429 Rep. Doolittle, John T. [R-CA-4] JOHN DOOLITTLE R CA T. 4 2005-09-27 False D000533 Rep. Duncan, John J., Jr. [R-TN-2] JOHN DUNCAN R TN J. 2 2005-09-27 False E000172 Rep. Emerson, Jo Ann [R-MO-8] JO EMERSON R MO ANN 8 2005-09-27 False F000444 Rep. Flake, Jeff [R-AZ-6] JEFF FLAKE R AZ 6 2005-09-27 False F000452 Resident Commissioner Fortuno, Luis G. [R-PR-At Large] Luis Fortuno R PR G. 0 2005-09-27 False H000413 Rep. Hayworth, J. D. [R-AZ-5] J. HAYWORTH R AZ D. 5 2005-09-27 False H000981 Rep. Hunter, Duncan [R-CA-52] DUNCAN HUNTER R CA 52 2005-09-27 False I000056 Rep. Issa, Darrell E. [R-CA-49] DARRELL ISSA R CA E. 49 2005-09-27 False K000362 Rep. King, Steve [R-IA-5] Steve King R IA 5 2005-09-27 False L000491 Rep. Lucas, Frank D. [R-OK-3] FRANK LUCAS R OK D. 3 2005-09-27 False L000517 Rep. Lungren, Daniel E. [R-CA-3] DANIEL LUNGREN R CA EDWARD 3 2005-09-27 False M000508 Rep. McKeon, Howard P. "Buck" [R-CA-25] HOWARD MCKEON R CA P. 25 2005-09-27 False M001152 Rep. Musgrave, Marilyn N. [R-CO-4] Marilyn Musgrave R CO N. 4 2005-09-27 False N000182 Rep. Neugebauer, Randy [R-TX-19] Randy Neugebauer R TX 19 2005-09-27 False N000181 Rep. Nunes, Devin [R-CA-21] Devin Nunes R CA 21 2005-09-27 False P000588 Rep. Pearce, Stevan [R-NM-2] Stevan Pearce R NM 2 2005-09-27 False R000574 Rep. Renzi, Rick [R-AZ-1] Rick Renzi R AZ 1 2005-09-27 False S000275 Rep. Shadegg, John B. [R-AZ-3] JOHN SHADEGG R AZ 3 2005-09-27 False S001155 Rep. Sullivan, John [R-OK-1] John Sullivan R OK 1 2005-09-27 False T000458 Rep. Tancredo, Thomas G. [R-CO-6] THOMAS TANCREDO R CO G. 6 2005-09-27 False T000188 Rep. Thomas, William M. [R-CA-22] WILLIAM THOMAS R CA MARSHALL 22 2005-09-27 False T000238 Rep. Thornberry, Mac [R-TX-13] WILLIAM THORNBERRY R TX M. 13 2005-09-27 False W000267 Rep. Weldon, Dave [R-FL-15] DAVE WELDON R FL 15 2005-09-27 False Y000033 Rep. Young, Don [R-AK-At Large] DON YOUNG R AK E. 0 2005-09-27 False R000409 Rep. Rohrabacher, Dana [R-CA-46] DANA ROHRABACHER R CA 46 2005-09-27 False H000528 Rep. Herger, Wally [R-CA-2] WALLY HERGER R CA 2 2005-09-27 False S001157 Rep. Scott, David [D-GA-13] David Scott D GA 13 2005-09-27 False K000363 Rep. Kline, John [R-MN-2] John Kline R MN 2 2005-09-27 False F000010 Del. Faleomavaega, Eni F. H. [D-AS-At Large] Eni Faleomavaega D AS F. H. 0 2005-09-27 False K000358 Rep. Kennedy, Mark R. [R-MN-6] MARK KENNEDY R MN R. 6 2005-09-27 False M001157 Rep. McCaul, Michael T. [R-TX-10] Michael McCaul R TX T. 10 2005-09-27 False M001161 Rep. Melancon, Charlie [D-LA-3] Charlie Melancon D LA 3 2005-09-27 False M001139 Rep. Miller, Gary G. [R-CA-42] GARY MILLER R CA 42 2005-09-27 False S001148 Rep. Simpson, Michael K. [R-ID-2] MICHAEL SIMPSON R ID K. 2 2005-09-27 False S001154 Rep. Shuster, Bill [R-PA-9] Bill Shuster R PA 9 2005-09-27 False K000220 Rep. Kingston, Jack [R-GA-1] JACK KINGSTON R GA 1 2005-09-27 False S001143 Rep. Souder, Mark E. [R-IN-3] MARK SOUDER R IN EDWARD 3 2005-09-27 False N000159 Rep. Norwood, Charles W. [R-GA-9] CHARLES NORWOOD R GA W. 9 2005-09-27 False J000082 Rep. Jenkins, William L. [R-TN-1] WILLIAM JENKINS R TN L. 1 2005-09-27 False S001146 Rep. Sherwood, Don [R-PA-10] DON SHERWOOD R PA 10 2005-09-27 False F000448 Rep. Franks, Trent [R-AZ-2] Trent Franks R AZ 2 2005-09-27 False B001236 Rep. Boozman, John [R-AR-3] John Boozman R AR 3 2005-09-27 False C001053 Rep. Cole, Tom [R-OK-4] Tom Cole R OK 4 2005-09-27 False B000213 Rep. Barton, Joe [R-TX-6] JOE BARTON R TX L. 6 2005-09-27 False P000323 Rep. Pickering, Charles W. "Chip" [R-MS-3] CHARLES PICKERING R MS W. 3 2005-09-27 False O000107 Rep. Ortiz, Solomon P. [D-TX-27] SOLOMON ORTIZ D TX P. 27 2005-09-27 False B000013 Rep. Bachus, Spencer [R-AL-6] SPENCER BACHUS R AL 6 2005-09-27 False E000063 Rep. Edwards, Chet [D-TX-17] CHET EDWARDS D TX 17 2005-09-27 False E000268 Rep. Everett, Terry [R-AL-2] TERRY EVERETT R AL 2 2005-09-27 False B001244 Rep. Bonner, Jo [R-AL-1] Jo Bonner R AL 1 2005-09-27 False G000550 Rep. Gingrey, Phil [R-GA-11] Phil Gingrey R GA 11 2005-09-27 False A000055 Rep. Aderholt, Robert B. [R-AL-4] ROBERT ADERHOLT R AL B. 4 2005-09-27 False D000602 Rep. Davis, Artur [D-AL-7] Artur Davis D AL 7 2005-09-27 False R000566 Rep. Ryun, Jim [R-KS-2] JIM RYUN R KS 2 2005-09-27 False B000072 Rep. Baker, Richard H. [R-LA-6] RICHARD BAKER R LA H. 6 2005-09-27 False R000575 Rep. Rogers, Mike D. [R-AL-3] Mike Rogers R AL 3 2005-09-27 False S000583 Rep. Smith, Lamar [R-TX-21] LAMAR SMITH R TX 21 2005-09-27 False M000485 Rep. McIntyre, Mike [D-NC-7] MIKE MCINTYRE D NC 7 2005-09-27 False C000868 Rep. Cramer, Robert E. (Bud), Jr. [D-AL-5] ROBERT CRAMER D AL E. 5 2005-09-27 False H000636 Rep. Hinojosa, Ruben [D-TX-15] RUBEN HINOJOSA D TX 15 2005-09-27 False O000165 Rep. Osborne, Tom [R-NE-3] TOM OSBORNE R NE 3 2005-09-27 False B001247 Rep. Brown-Waite, Ginny [R-FL-5] Ginny Brown-Waite R FL 5 2005-09-27 False J000126 Rep. Johnson, Eddie Bernice [D-TX-30] EDDIE JOHNSON D TX BERNICE 30 2005-09-27 False J000032 Rep. Jackson-Lee, Sheila [D-TX-18] SHEILA JACKSON-LEE D TX 18 2005-09-27 False 2005-09-27T04:00:00Z H.R. 3824, Threatened and Endangered Species Recovery Act of 2005 http://www.cbo.gov/publication/17192 <p>Cost estimate for the bill as ordered reported by the House Committee on Resources on September 22, 2005</p> 2005-09-27T04:00:00Z H.R. 3824, Threatened and Endangered Species Recovery Act of 2005 https://www.cbo.gov/publication/17192 Cost estimate for the bill as ordered reported by the House Committee on Resources on September 22, 2005 Public Lands and Natural Resources 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 Public Lands and Natural Resources 00 2005-09-19 Introduced in House 2005-09-21T21:19:27Z 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 "best available scientific data" 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.

]]> 17 2005-09-27 Reported to House with amendment(s) 2005-10-06T21:38:20Z 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 "best available scientific data" 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 "permit or license applicant" 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 "jeopardize the continued existence" 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 "best available scientific data" for "best scientific and commercial data available" 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.

]]> 36 2005-09-29 Passed House amended 2005-10-06T21:09:31Z 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 "best available scientific data" 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 "permit or license applicant" 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 "best available scientific data" for "best scientific and commercial data available" 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.

]]> Threatened and Endangered Species Recovery Act of 2005 Display Title Threatened and Endangered Species Recovery Act of 2005 Official Title as Introduced To amend and reauthorize the Endangered Species Act of 1973 to provide greater results conserving and recovering listed species, and for other purposes. Introduced in House IH Short Titles as Introduced Threatened and Endangered Species Recovery Act of 2005 Short Titles as Reported to House Threatened and Endangered Species Recovery Act of 2005 H House Short Titles as Passed House Threatened and Endangered Species Recovery Act of 2005 H House Popular Titles Endangered Species Reauthorization bill 9 Library of Congress 588 109 HAMDT Amendment in the nature of a substitute sought to replace the language in the bill with the text of the "Threatened and Endangered Species Recovery Act of 2005". An amendment in the nature of a substitute numbered 2 printed in House Report 109-240 to improve the use of science, providing certainty to landowners, providing flexibility on deadlines for listing species, creating a voluntary conservation program to promote species conservation on private lands, creating a technical assistance program to help small landowners, increasing the role of State and localities, ensuring accountability of the Department of Interior, ensuring that permit and license applicants fully participate in the consultations process, and requiring a balancing of risks in planning for species recovery. (60 minutes). 2022-02-03T05:35:09Z 2005-09-29 On agreeing to the Miller, George amendment (A002) Failed by recorded vote: 206 - 216 (Roll no. 505). 16:52:31 Roll no. 505 https://clerk.house.gov/evs/2005/roll505.xml M000725 Rep. Miller, George [D-CA-7] GEORGE MILLER D CA 7 2005-09-29T04:00:00Z House of Representatives 109 HR House H 3824 Threatened and Endangered Species Recovery Act of 2005 2023-01-13T04:50:11Z House Report 109-240 https://www.congress.gov/congressional-report/109th-congress/house-report/240 8 2005-09-29 16:52:31 On agreeing to the Miller, George amendment (A002) Failed by recorded vote: 206 - 216 (Roll no. 505). Floor H32111 2 House floor actions 505 House 109 2005-09-29T20:52:31Z 1 https://clerk.house.gov/evs/2005/roll505.xml 2005-09-29 15:09:20 Amendment (A002) in the nature of a substitute offered by Mr. George Miller. (consideration: CR H8564-8583; text: CR H8564-8571) Floor H3A100 2 House floor actions 2005-09-29 15:09:20 House amendment offered/reported by : Amendment (A002) in the nature of a substitute offered by Mr. George Miller.(consideration: CR H8564-8583; text: CR H8564-8571) NotUsed 71500 9 Library of Congress 2005-09-29 16:52:31 Amendment failed in Committee of the Whole NotUsed 77000 9 Library of Congress 505 House 109 2005-09-29T20:52:31Z 1 https://clerk.house.gov/evs/2005/roll505.xml 2005-09-29 16:52:31 House amendment not agreed to: On agreeing to the Miller, George amendment (A002) Failed by recorded vote: 206 - 216 (Roll no. 505). Floor 73000 9 Library of Congress 505 House 109 2005-09-29T20:52:31Z 1 https://clerk.house.gov/evs/2005/roll505.xml 2005-09-29 16:52:31 Roll call votes on amendments in House Floor 75000 9 Library of Congress 505 House 109 2005-09-29T20:52:31Z 1 https://clerk.house.gov/evs/2005/roll505.xml 2005-09-29 House amendment offered Floor 71000 9 Library of Congress 587 109 HAMDT Manager's amendment consists of the text of the amendment contained in House Report 109-240 and printed on pages H8560-H8561 in the Congressional Record for Sept. 29, 2005. An amendment numbered 1 printed in House Report 109-240 to make a number of technical changes to clarify certain provisions and address issues concerning science, definition of `jeopardy', consolidation of ESA related programs, and review of protective regulations; to allow actions authorized under an approved Section 10 permit to be carried out without duplicative consultation; to prevent water stakeholders from being held accountable for impacts due to State actions; to require the four Power Marketing Administrations to include ESA costs in their monthly billings; to direct the Secretary of Interior to survey certain federal lands to assess their value for report to Congress; and to clarify conflicting statutes to make ESA the governing statutory authority when receiving a dock building permit. 2022-02-03T05:35:09Z 2005-09-29 On agreeing to the Pombo amendment (A001) Agreed to by voice vote. 15:08:32 P000419 Rep. Pombo, Richard W. [R-CA-11] RICHARD POMBO R CA W. 11 2005-09-29T04:00:00Z House of Representatives 109 HR House H 3824 Threatened and Endangered Species Recovery Act of 2005 2023-01-13T04:50:11Z House Report 109-240 https://www.congress.gov/congressional-report/109th-congress/house-report/240 7 2005-09-29 15:08:32 On agreeing to the Pombo amendment (A001) Agreed to by voice vote. Floor H32111 2 House floor actions 2005-09-29 14:46:56 Amendment (A001) offered by Mr. Pombo. (consideration: CR H8560-8564; text: CR H8560-8561) Floor H3A100 2 House floor actions 2005-09-29 14:46:56 House amendment offered/reported by : Amendment (A001) offered by Mr. Pombo.(consideration: CR H8560-8564; text: CR H8560-8561) NotUsed 71500 9 Library of Congress 2005-09-29 House amendment offered Floor 71000 9 Library of Congress 2005-09-29 15:08:32 Amendment agreed to Committee of the Whole NotUsed 76000 9 Library of Congress 2005-09-29 15:08:32 House amendment agreed to: On agreeing to the Pombo amendment (A001) Agreed to by voice vote. Floor 72000 9 Library of Congress Referred in Senate 2005-09-30T04:00:00Z Engrossed in House 2005-09-29T04:00:00Z Reported in House 2005-09-27T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109hr3824rh/xml/BILLS-109hr3824rh.xml Introduced in House 2005-09-19T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109hr3824ih/xml/BILLS-109hr3824ih.xml 2005-09-30 Received in the Senate and Read twice and referred to the Committee on Environment and Public Works. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.