[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 74 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 74

  To amend the Endangered Species Act of 1973 to clarify citizen suit 
                  provisions, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day, January 5), 1993

Mr. Metzenbaum introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To amend the Endangered Species Act of 1973 to clarify citizen suit 
                  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 Act Amendments of 
1992''.

SEC. 2. FINDINGS.

    Section 2 of the Endangered Species Act of 1973 (16 U.S.C. 1531) is 
amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraphs:
            ``(6) an action by the Federal Government, the government 
        of a State or political subdivision of a State, or a private 
        party that adversely affects an endangered or threatened 
        species or the habitat of an endangered or threatened species 
        injures each person with a demonstrated, aesthetic, ecological, 
        educational, historical, professional, recreational, or 
        scientific interest in the endangered or threatened species or 
        the habitat of the endangered or threatened species; and
            ``(7) compliance with this Act (including the regulations 
        promulgated under this Act) will deter or prevent any action by 
        the Federal Government, the government of a State or political 
        subdivision of a State, or a private party that may adversely 
        affect an endangered or threatened species or result in the 
        destruction or adverse modification of the habitat of the 
        species.''.

SEC. 3. INTERAGENCY COOPERATION.

    Section 7(a) of the Endangered Species Act of 1973 (16 U.S.C. 
1536(a)) is amended by adding at the end the following new paragraph:
    ``(5) The provisions of this section shall apply to any agency 
action with respect to any species listed under this Act as an 
endangered or threatened species carried out, in whole or in part, in 
the United States, in a foreign country, or on the high seas.''.

SEC. 4. CITIZENS SUITS.

    Section 11(g) of the Endangered Species Act of 1973 (16 U.S.C. 
1540(g)) is amended--
            (1) by redesignating paragraphs (1) through (5) as 
        paragraphs (2) through (6);
            (2) by inserting after ``(g) Citizen Suits.--'' the 
        following new paragraph:
    ``(1)(A) A person who has by studying, visiting, or other means 
demonstrated an aesthetic, ecological, educational, historical, 
professional, recreational, or scientific interest in an endangered or 
threatened species shall be deemed to suffer a direct and 
particularized injury in any instance in which any person, including 
the United States and any other governmental instrumentality or agency, 
takes action that may harm or adversely affect any threatened or 
endangered species, or result in the destruction or adverse 
modification of the critical habitat of the species. A reasonable 
likelihood of action or a proposal to act shall be considered a 
sufficient threat to constitute an injury under this paragraph.
    ``(B) Each person described in subparagraph (A) who suffers an 
injury described in subparagraph (A) (or who has a reasonable 
expectation of an injury) may commence a civil suit pursuant to 
paragraph (2) to prevent and redress any injury to an endangered or 
threatened species and to otherwise compel the implementation of any 
provision of this Act (including any regulation promulgated under this 
Act).'';
            (3) in paragraph (2), as redesignated by paragraph (1) of 
        this section, in the matter preceding subparagraph (A), by 
        striking ``Except as provided in paragraph (2) of this 
        subsection any person may'' and inserting ``Except as provided 
        in paragraph (3) of this subsection, any person described in 
        paragraph (1), or who is otherwise injured, may'';
            (4) in paragraph (3), as redesignated by paragraph (1) of 
        this section--
                    (A) in subparagraph (A), by striking ``subparagraph 
                (1)(A)'' and inserting ``paragraph (2)(A)'';
                    (B) in subparagraph (B), by striking ``subparagraph 
                (1)(B)'' and inserting ``paragraph (2)(B)''; and
                    (C) in subparagraph (C), by striking ``subparagraph 
                (1)(C)'' and inserting ``paragraph (2)(C)''; and
            (5) in paragraph (5), as redesignated by paragraph (1) of 
        this section, by striking ``paragraph (1)'' and inserting 
        ``paragraph (2)''.

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