[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3978 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 3978

    To amend the Endangered Species Act of 1973 to provide for the 
 conservation of threatened species and endangered species, to assure 
 balanced consideration of scientific, economic, and social factors in 
the implementation of the Act, to provide for scientific peer review of 
    determinations made under the Act, to provide private property 
  protections, to remove obsolete provisions, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 1994

  Mr. Pombo introduced the following bill; which was referred to the 
               Committee on Merchant Marine and Fisheries

_______________________________________________________________________

                                 A BILL


 
    To amend the Endangered Species Act of 1973 to provide for the 
 conservation of threatened species and endangered species, to assure 
 balanced consideration of scientific, economic, and social factors in 
the implementation of the Act, to provide for scientific peer review of 
    determinations made under the Act, to provide private property 
  protections, to remove obsolete provisions, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Endangered Species Management Act of 
1994''.

SEC. 2. AMENDMENT OF ENDANGERED SPECIES ACT OF 1973.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.).

SEC. 3. FINDINGS AND PURPOSES OF ENDANGERED SPECIES ACT OF 1973.

    (a) Findings.--Section 2(a)(1) (16 U.S.C. 1531(a)(1)) is amended to 
read as follows:
            ``(1) various species of fish, wildlife, and plants in the 
        United States have been rendered extinct because of inadequate 
        conservation practices and natural processes;''.
    (b) Purposes.--Section 2(b) (16 U.S.C. 1531(b)) is amended to read 
as follows:
    ``(b) Purposes.--The purposes of this Act are to provide a feasible 
and practical means whereby ecosystems upon which endangered species 
and threatened species directly depend may be conserved, to provide a 
program for the conservation of such endangered species and threatened 
species taking into account the economic and social consequences of 
such program, and to take such steps as may be practicable to achieve 
the purposes of the treaties and conventions set forth in subsection 
(a).''.

SEC. 4. DEFINITIONS.

    Section 3 (16 U.S.C. 1532) is amended--
            (1) in paragraph (5) by striking ``(5)(A)'' and all that 
        follows through the end of subparagraph (A) and inserting the 
        following:
            ``(5)(A) The term `critical habitat' for a threatened 
        species or endangered species means the specific areas within 
        the geographical area occupied by a species, at the time it is 
        listed in accordance with section 4, on which are found those 
        physical or biological features--
                    ``(i) essential to the persistence of the species 
                over the 50-year period beginning on the date of that 
                listing or the 5-generation period beginning on that 
                date, whichever is shorter; and
                    ``(ii) which may require special management 
                considerations or protection.'';
            (2) in paragraph (5)(B) and (C) by striking ``threatened 
        or'' each place it occurs;
            (3) by redesignating paragraphs (7), (8), (9), (10), (12), 
        (13), (14), (15), (16), (17), (18), (19), (20), and (21) and 
        any reference thereto as paragraphs (8), (9), (10), (11), (14), 
        (15), (16), (18), (19), (20), (21), (22), (24), and (25), 
        respectively;
            (4) in paragraph (6) by--
                    (A) inserting ``(A)'' after ``(6)''; and
                    (B) adding at the end the following:
            ``(B) The term `species of national interest' means an 
        endangered species or a threatened species that is determined 
        by the Secretary to be in the national interest to protect.'';
            (5) by inserting after paragraph (6) the following:
            ``(7) The term `feasible' means capable of being 
        accomplished in a successful manner within a reasonable period 
        of time, taking into account economic, environmental, social, 
        and technological factors.'';
            (6) by inserting after paragraph (11), as redesignated by 
        paragraph (2) of this section, the following:
            ``(12) The term `interested person' means a person who is 
        able to demonstrate personal and immediate harm from a 
        Government action or inaction affecting the environment.
            ``(13) The term `isolated populations' means populations 
        which, although few in number in a particular habitat, are of a 
        species which is not otherwise threatened or endangered in the 
        United States, Canada, or Mexico.'';
            (7) by inserting after paragraph (16), as redesignated by 
        paragraph (2) of this section, the following:
            ``(17) The term `public property' means property of any 
        kind which is owned, leased, or held by permit, license, or 
        easement by any State or local government or unit thereof.'';
            (8) by amending paragraph (19), as redesignated by 
        paragraph (2) of this section, to read as follows:
            ``(19) The term `species' means the minimum taxonomic units 
        of fish or wildlife or plants which--
                    ``(A) normally reproduce sexually but are--
                            ``(i) biologically incapable of both 
                        interbreeding and producing offspring which can 
                        survive to maturity and reproduce under natural 
                        conditions, or
                            ``(ii) statistically distinguishable at a 
                        percentage of nuclear genetic loci to be 
                        determined by the Secretary for each family of 
                        organisms that is not less than 2 percent; or
                    ``(B) normally reproduce asexually and are 
                statistically distinguishable at a percentage of 
                nuclear genetic loci to be determined by the Secretary 
                for each family of organisms that is not less than 2 
                percent.''; and
            (9) by inserting after paragraph (22), as redesignated by 
        paragraph (2) of this section, the following:
            ``(23) The term `taking of private or public property' 
        means the foreclosure of any use of private property or public 
        property that is otherwise allowed under Federal, State, and 
        local law, that--
                    ``(A) is caused by--
                            ``(i) the inclusion of a species in a list 
                        published under section 4(c);
                            ``(ii) the designation of critical habitat 
                        under section 4(a)(3);
                            ``(iii) the implementation of a recovery 
                        plan under section 4(f); or
                            ``(iv) any other activity that is 
                        authorized or required by this Act; and
                    ``(B) by itself or in combination with other such 
                foreclosures of use so caused, reduces the fair market 
                value of the property by 25 percent or more.''.

SEC. 5. ISOLATED POPULATIONS; DESIGNATION OF CRITICAL HABITAT; LISTING 
              OF SPECIES; RECOVERY PLANS.

    (a) Isolated Populations.--Section 4(a) (16 U.S.C. 1533(a)) is 
amended by adding at the end the following:
            ``(4) Isolated populations.--The Secretary may not 
        determine that an isolated population of a species is an 
        endangered species or threatened species, if the species is not 
        otherwise an endangered species or threatened species.''.
    (b) Designation of Critical Habitat.--Section 4(a)(3) (16 U.S.C. 
1533(a)(3)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``and to the maximum extent prudent and determinable'';
            (2) in subparagraph (A)--
                    (A) by striking ``concurrently with'' and inserting 
                ``concurrently with and as a condition for''; and
                    (B) by striking ``and'' after the semicolon at the 
                end;
            (3) by redesignating subparagraph (B) and any reference 
        thereto, as subparagraph (C); and
            (4) by inserting after subparagraph (A) the following:
            ``(B) shall also concurrently with making such a 
        determination, issue a report delineating all direct and 
        indirect economic and social impacts of delineation of proposed 
        critical habitat to the areas affected and to the Nation; 
        and''.
    (c) Basis for Determinations.--Section 4(b) (16 U.S.C. 1533(b)) is 
amended--
            (1) in paragraph (1)(B) by striking the material preceding 
        clause (i) and inserting the following:
            ``(B) The Secretary may not list a species as an endangered 
        species or threatened species pursuant to subsection (c) 
        unless--
                    ``(i) the Secretary has prepared a report that 
                includes--
                            ``(I) the complete file of scientific data 
                        and collection methodology which has been 
                        developed in conjunction with the listing;
                            ``(II) details of a recovery plan for the 
                        species, including scientific data and 
                        projected costs; and
                            ``(III) the complete file of data and 
                        collection methodology which has been developed 
                        in conjunction with any critical habitat 
                        designation for the species;
                    ``(ii) after the report is prepared under clause 
                (i), scientific data supporting the listing has been 
                reviewed by a scientific peer review panel consisting 
                of 3 members appointed by the Secretary from among 6 
                nominees submitted by the President of the National 
                Academy of Sciences from the Academy's membership who 
                have not otherwise participated in the listing 
                (including research used as the basis for the listing), 
                and recommendations of the panel are submitted to the 
                Secretary; and
                    ``(iii) after the submittal of the recommendations 
                under clause (ii), the Secretary publishes notices of 
                intent to list for 5 consecutive days in a newspaper of 
                general circulation in each area of the United States 
                where the species is believed to occur, including a 
                statement of justification for the listing and a 
                description of possible direct and indirect social and 
                economic impacts of the listing; and
                    ``(iv) after the publication of notices in 
                accordance with clause (iii), the Secretary conducts 
                public hearings on the listing in each area of the 
                United States where the species is believed to occur.
            ``(C) The Secretary may not list any species as an 
        endangered species or threatened species pursuant to subsection 
        (c) if 90 percent or more of its existing geographic range or 
        its population is outside the borders of the United States and 
        its territories and possessions, unless the species has been--
        '';
            (2) in clause (ii) of subparagraph (C) (as inserted by 
        paragraph (2) of this subsection) by striking ``by any State 
        agency'';
            (3) in paragraph (2)--
                    (A) in the first sentence by striking ``the 
                economic impact'' and inserting ``the economic and 
                social impact''; and
                    (B) in the second sentence by striking ``, unless 
                he determines,'' and all that follows through the end 
                of the paragraph and inserting a period;
            (4) in paragraph (3)--
                    (A) by striking ``(3)(A)'' and all that follows 
                through the end of subparagraph (A) and inserting the 
                following:
            ``(3)(A) Within 120 days after receiving the petition of an 
        interested person to add a species to, or to remove a species 
        from, either of the lists published under subsection (c), the 
        Secretary shall--
                    ``(i) convene a panel of 3 scientists with 
                appropriate expertise appointed by the Director of the 
                United States Fish and Wildlife Service to evaluate and 
                make recommendations on the petition;
                    ``(ii) conduct at least 1 public hearing in each 
                area where the species is believed to occur on 
                information provided in the petition and the evaluation 
                of that information by the scientific panel under 
                clause (i), utilizing the criteria indicated in 
                subsection (b)(3)(B)(iv); and
                    ``(iii) make a finding regarding whether the 
                scientific, commercial, economic, and social 
                information indicates that the action petitioned for 
                may be warranted.
        If the Secretary finds that the action petitioned for may be 
        warranted, the Secretary shall promptly commence a review of 
        the status of the species concerned in accordance with 
        subsection (b)(1)(B). The Secretary shall promptly publish each 
        finding made under this subparagraph in the Federal 
        Register.'';
                    (B) in subparagraph (B)--
                            (i) in the matter preceding clause (i), by 
                        striking ``Within 12 months'' and inserting 
                        ``Within 24 months''; and
                            (ii) by striking clause (ii) and all that 
                        follows through the material preceding 
                        subclause (I) of clause (iii), and inserting 
                        the following:
                            ``(ii) The petitioned action is technically 
                        warranted under the criteria of this Act, but 
                        it is not in the national interest to list it 
                        because of countervailing social or economic 
                        consequences.
                            ``(iii) The petitioned action is warranted 
                        and in the national interest, in which case the 
                        Secretary shall promptly publish in the Federal 
                        Register a general notice and the complete text 
                        of a proposed regulation to implement such 
                        action in accordance with paragraph (5).
                            ``(iv) The petitioned action is warranted, 
                        but that--'';
                    (C) in subparagraph (C), by amending clause (ii) to 
                read as follows:
                    ``(ii) Any negative finding described in 
                subparagraph (A) and any finding described in 
                subparagraph (B)(i), (ii), or (iv) shall be subject to 
                an administrative appeal by any interested person under 
                procedures which shall be established by the Secretary. 
                Any judicial review of such a finding may occur only 
                after such an administrative appeal, and shall be based 
                solely upon the record of the administrative appeal.'';
                    (D) in subparagraph (D)--
                            (i) in clause (i) by striking ``within 90 
                        days'' and inserting ``within 180 days''; and
                            (ii) in clause (ii), by striking ``Within 
                        12 months'' and inserting ``Within 24 months''; 
                        and
                    (E) by adding at the end the following:
                    ``(E) Reimbursement of costs of scientific 
                research.--The Secretary, subject to the availability 
                of appropriations, may provide reimbursement to any 
                interested person for costs incurred in performing or 
                procuring scientific research the results of which are 
                used by the Secretary to find, pursuant to a petition 
                under section 553(e) of title 5, United States Code, 
                that--
                            ``(i) the addition of a species to a list 
                        published under subsection (c) is not 
                        warranted; or
                            ``(ii) the removal of a species from a list 
                        published under subsection (c) is warranted.'';
            (5) in paragraph (5)--
                    (A) in subparagraph (A), by striking ``not less 
                than 90 days'' and inserting ``not less than 120 
                days''; and
                    (B) by amending subparagraph (E) to read as 
                follows:
                    ``(E) promptly, following publication of general 
                notice, hold at least 1 public hearing on the proposed 
                regulation in each city and each county affected by the 
                regulation, utilizing the criteria indicated in 
                subsection (b)(3)(B)(iv).''; and
            (6) in paragraph (6)--
                    (A) in subparagraph (A), by striking ``Within the 
                one-year period'' and inserting ``Within the 24-month 
                period''; and
                    (B) by amending subparagraph (C) to read as 
                follows:
            ``(C) A final regulation designating critical habitat of an 
        endangered species or a threatened species shall be published 
        concurrently with the final regulation adding the species to a 
        list under subsection (c).''.
    (d) Listing of Species.--
            (1) Requirement for listing.--Section 4(c)(1) (16 U.S.C. 
        1533(c)(1)) is amended--
                    (A) by striking ``endangered species'' and 
                inserting ``endangered species that is a species of 
                national interest,'';
                    (B) by striking ``threatened species'' and 
                inserting ``threatened species that is a species of 
                national interest''; and
                    (C) by adding at the end the following:
            ``(3) Species of national interest.--The Secretary or 
        Secretary of Commerce, as applicable, shall determine for 
        purposes of this subsection, within the 24-month period 
        applicable under subsection (b)(6)(A) and based on the best 
        scientific, economic, social, and commercial data available, 
        whether the species is a species of national interest.''.
            (2) Removal of listed species.--A species that on the date 
        of the enactment of this Act is on a list published under 
        section 4(c)(1) of the Endangered Species Act of 1973 may be 
        removed from the list only in accordance with the procedures 
        and requirements for removal established by the Act, as amended 
        by this Act.
    (e) Recovery Plans.--Section 4(f)(1) is amended in the material 
preceding subparagraph (A) by inserting after ``promote the 
conservation of the species'' the following: ``, that the costs 
associated with such a plan are an unreasonable allocation of available 
resources, or that the social and economic impacts in the area of the 
United States in which such a plan would be implemented are onerous''.

SEC. 6. COMPENSATION FOR TAKINGS AND DEVALUATION OF PROPERTY.

    (a) Compensation Required.--Section 5 (16 U.S.C. 1534) is amended--
            (1) by amending the section heading to read as follows:

   ``land acquisition; compensation for taking of private or public 
                            property''; and

            (2) by adding at the end the following:
    ``(c) Compensation for Taking of Private or Public Property.--The 
Secretary shall pay just compensation for any taking of private or 
public property to the owner of the property, including for damages 
incurred by the owner as a result of such taking.''.
    (b) Clerical Amendment.--The table of contents in the first section 
is amended by striking the item relating to section 5 and inserting the 
following:

``Sec. 5. Land acquisition; compensation for taking of private or 
                            public property.''.

SEC. 7. COOPERATION WITH STATES.

    (a) General Cooperative Agreements.--Section 6(c)(1) (16 U.S.C. 
1535(c)(1)) is amended--
            (1) in the matter preceding subparagraph (A)--
                    (A) by striking ``the Secretary is authorized to 
                enter'' and inserting ``the Secretary may enter''; and
                    (B) by striking ``he shall enter'' and inserting 
                ``the Secretary may enter'';
            (2) in subparagraph (A), by striking ``the State agency 
        or'';
            (3) in subparagraph (B), by inserting ``and'' after the 
        semicolon at the end;
            (4) by striking subparagraphs (C) and (E), and 
        redesignating subparagraph (D) and any reference thereto as 
        subparagraph (C);
            (5) in subparagraph (C), (as redesignated by paragraph (4) 
        of this subsection) by striking ``and'' after the semicolon at 
        the end and inserting ``or''; and
            (6) in the matter following subparagraph (C) (as 
        redesignated by paragraph (4) of this subsection)--
                    (A) by striking ``paragraphs (3), (4), and (5) of 
                this subsection are'' and inserting ``subparagraph (C) 
                is''; and
                    (B) by striking ``or the State agency''.
    (b) Cooperative Agreements for Plants.--Section 6(c)(2) (16 U.S.C. 
1535(c)(2)) is amended--
            (1) in the matter preceding subparagraph (A), in the third 
        sentence, by striking ``he shall enter'' and inserting ``the 
        Secretary may enter'';
            (2) in subparagraph (A)--
                    (A) by striking ``the State agency or''; and
                    (B) by inserting ``and'' after the semicolon at the 
                end;
            (3) in subparagraph (B), by inserting ``or'' after the 
        semicolon at the end;
            (4) by striking subparagraphs (C) and (D); and
            (5) in the matter following subparagraph (B)--
                    (A) by striking ``that under the State program--'' 
                and all that follows through ``(ii) plans'' and 
                inserting ``that under the State program plans'';
                    (B) by striking ``or the State agency''; and
                    (C) by striking ``pursuant to clause (i) and this 
                clause'' and inserting ``pursuant to this matter 
                following subparagraph (B)''.
    (c) Allocation of Funds.--Section 6(d)(1) (16 U.S.C. 1535(d)(1)) is 
amended--
            (1) by striking subparagraphs (C), and (D), and by 
        redesignating subparagraphs (E), (F), and (G) and any reference 
        thereto in order as subparagraphs (C), (D), and (E); and
            (2) in the matter following subparagraph (E) (as 
        redesignated by paragraph (1) of this subsection) by striking 
        ``subsection (i)'' and inserting ``subsection (h)''.
    (d) Repeal of Transition Provisions.--
            (1) Repeal.--Subsection (g) of section 6 (16 U.S.C. 
        1535(d)) is repealed.
            (2) Conforming amendment.--Subsections (h) and (i) of 
        section 6 (16 U.S.C. 1535(h), (i)) and any reference thereto 
        are redesignated in order as subsections (g) and (h).

SEC. 8. INTERAGENCY COOPERATION.

    (a) Federal Agency Actions.--Section 7(a)(2) (16 U.S.C. 1536(a)(2)) 
is amended--
            (1) in the first sentence by striking ``which is determined 
        by the Secretary, after consultation as appropriate with 
        affected States,'' and inserting ``which has been determined by 
        the Secretary''; and
            (2) in the second sentence by inserting ``, economic, 
        social,'' after ``best scientific''.
    (b) Opinion of Secretary.--Subsection (b) of section 7 (16 U.S.C. 
1536(b)) is amended by--
            (1) striking ``(1)(A)'' and all that follows through the 
        end of paragraph (1); and
            (2) inserting after and below the heading for the 
        subsection the following:
            ``(1) In general.--
                    ``(A) Deadline for conclusion of consultation.--
                Consultation under subsection (a)(2) with respect to 
                any agency action shall be concluded within the 90-day 
                period beginning on the date on which initiated.
                    ``(B) Failure to conclude consultation.--If a 
                consultation is not concluded in the period specified 
                in subparagraph (A), the Secretary is deemed to have--
                            ``(i) issued an opinion under paragraph (3) 
                        that the action--
                                    ``(I) is not likely to jeopardize 
                                the continued existence of any 
                                endangered species or threatened 
                                species, as applicable, and
                                    ``(II) is not likely to result in 
                                the destruction or adverse modification 
                                of critical habitat of such a species; 
                                and
                            ``(ii) made the conclusions described in 
                        subparagraphs (A), (B), and (C) of paragraph 
                        (4).''.
    (c) Biological Assessment.--Section 7(c)(1) (16 U.S.C. 1536(c)(1)) 
is amended in the first sentence by striking ``has begun on'' and 
inserting ``was begun on or before''.
    (d) Limitation on Commitment of Resources.--Section 7(d) (16 U.S.C. 
1536(d)) is amended to read as follows:
    ``(d) Limitation on Commitment of Resources.--The Secretary may not 
specify as a reasonable and prudent alternative under subsection 
(b)(4)(C)(ii), and may not set forth as a term or condition under 
subsection (b)(4)(C)(iii), any action which is likely to result in a 
taking of public or private property or substantial social or economic 
impact, unless--
            ``(1) a report has been prepared by the Secretary, that 
        includes--
                    ``(A) the complete file of scientific data and 
                collection methodology which have been developed by the 
                Secretary supporting the action;
                    ``(B) a recovery plan for the species concerned, 
                including scientific data and a description of the 
                projected costs of implementing the recovery plan; and
                    ``(C) the complete file of data and collection 
                methodology which have been developed in conjunction 
                with any designation of critical habitat of the species 
                concerned;
            ``(2) scientific data supporting the action have been 
        reviewed by a scientific peer review panel consisting of 3 
        members appointed by the Secretary from among nominees 
        submitted by the President of the National Academy of Sciences;
            ``(3) the panel submits recommendations on the action to 
        the Secretary; and
            ``(4) the Secretary conducts public hearings on the action 
        in each area of the United States in which the species is 
        believed to occur, after publication of notices describing the 
        proposed alternative, term or condition, as applicable 
        (including statements of justification therefor and a 
        description of possible direct and indirect social and economic 
        impacts), for 5 consecutive days in a newspaper of general 
        circulation in each area of the United States in which the 
        species is believed to occur.''.
    (e) Communications Between President and Members of Endangered 
Species Committee.--Section 7(e)(5) (16 U.S.C. 1536(e)(5)) is amended 
by adding at the end the following:
                    ``(E) Communications between the President and any 
                member of the Committee shall not constitute ex parte 
                communications.''.
    (f) Exemption Regulations.--Section 7(f) (16 U.S.C. 1536(f)) is 
amended in the first sentence by striking ``Not later'' and all that 
follows through ``regulations'' and inserting the following: ``The 
Secretary may, from time to time, promulgate or amend regulations''.

SEC. 9. CLERICAL AMENDMENT.

    Section 8A(e) (16 U.S.C. 1537a(e)) is amended by striking paragraph 
(3) and redesignating paragraph (4) and any reference thereto as 
paragraph (3).

SEC. 10. LIMITATION ON APPLICATION OF PROHIBITIONS.

    Section 9(b)(2) (16 U.S.C. 1538(b)(2)) is amended by striking 
``raptor'' each place it appears and inserting ``species''.

SEC. 11. HARDSHIP PERMIT EXEMPTIONS.

    Section 10(b)(1) (16 U.S.C. 1539(b)(1)) is amended--
            (1) in clause (A) by inserting ``and'' after the semicolon;
            (2) by striking clause (B) and any reference thereto; and
            (3) by redesignating clause (C) and any reference thereto 
        as clause (B).

SEC. 12. PENALTIES AND ENFORCEMENT.

    (a) Exemption of State and Local Officials From Penalties.--Section 
11 (16 U.S.C. 1540) is amended--
            (1) by adding at the end of subsection (a) the following:
            ``(4) A State or local official shall not be subject to any 
        penalty under this subsection for any act of the official in 
        the performance of any duty of the official that is established 
        by, and carried out in accordance with, State or local law.''; 
        and
            (2) by adding at the end of subsection (b) the following:
            ``(4) A State or local official shall not be subject to any 
        penalty under this subsection for any act of the official in 
        the performance of any duty of the official that is established 
        by, and carried out in accordance with, State or local law.''.
    (b) Citizen Suits.--Section 11(g) (16 U.S.C. 1540(g)) is amended--
            (1) in paragraph (1)(A), by striking ``or'' after the 
        semicolon;
            (2) in paragraph (1)(B), by striking ``or'' after the 
        semicolon;
            (3) in paragraph (1)(C), by striking the period and 
        inserting ``; or'';
            (4) by inserting after paragraph (1)(C) the following:
                    ``(D) to challenge any listing of a species under 
                section 4(c) as a species of national interest, 
                including to protect economic, social, or biological 
                interests.''; and
            (5) in paragraph (3), by striking ``(A)'' and by striking 
        subparagraph (B).

SEC. 13. REPEAL OF REQUIREMENT THAT SECRETARY OF THE SMITHSONIAN 
              INSTITUTION REVIEW PLANTS AND CONSERVATION MEASURES.

    Section 12 (16 U.S.C. 1541) is repealed.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    (a) Repeal of Limitations.--Section 15 (16 U.S.C. 1542) is 
repealed.
    (b) Rule of Construction.--Subsection (a) of this section shall not 
be construed to limit authority to appropriate amounts necessary to 
carry out the Endangered Species Act of 1973.

SEC. 15. ANNUAL COST ANALYSES BY UNITED STATES FISH AND WILDLIFE 
              SERVICE.

    Section 18 (16 U.S.C. 1544) is amended by striking ``January 15, 
1990, and each January 15 thereafter'' and inserting ``January 15 of 
each year''.

SEC. 16. CLERICAL AMENDMENTS.

    (a) Sections 13, 14, and 16 are repealed.
    (b) Sections 17 and 18 (16 U.S.C. 1543 and 1544) and any reference 
thereto are redesignated in order as sections 12 and 13.

                                 <all>

HR 3978 IH----2