[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2364 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2364

 To provide incentives for the conservation and recovery of endangered 
                    species, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 19, 1995

  Mr. Shadegg (for himself, Mr. DeLay, Mr. McIntosh, Mr. Largent, Mr. 
  Barton of Texas, Mrs. Cubin, Mr. Smith of Texas, Mr. Doolittle, Mr. 
  Stump, and Mr. Radanovich) introduced the following bill; which was 
    referred to the Committee on Resources, and in addition to the 
  Committees on the Judiciary and Ways and Means, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To provide incentives for the conservation and recovery of endangered 
                    species, 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 Recovery and 
Conservation Incentive Act of 1995''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds and declares that--
            (1) the United States has a unique and remarkable natural 
        heritage rich in fish, wildlife, and plants that the people of 
        the United States wish to conserve for the well-being and 
        benefit of future generations;
            (2) in numerous instances we have successfully demonstrated 
        the ability to restore, improve, and effectively manage natural 
        resources including fish, wildlife, plants, and habitat;
            (3) the United States has done so because of the creativity 
        and ingenuity of our single greatest resource, our people;
            (4) successful conservation programs must encourage private 
        stewardship through voluntary, incentive-based programs to 
        enlist the cooperation of owners of private property and 
        invigorate their conservation ethic;
            (5) successful conservation efforts encourage conservation 
        through commerce, including the private propagation of animals 
        and plants, to take advantage of the resourceful, creative and 
        energetic abilities of the people of the United States;
            (6) the primary responsibility for conservation of fish, 
        wildlife, and plants, including those which are endangered, 
        rests with the States;
            (7) Federal conservation efforts will only be successful if 
        the sanctity of property rights and perpetuation of vigorous 
        human enterprise are ensured;
            (8) effective Federal conservation efforts shall ensure the 
        wise use of the vast Federal estate to ensure a continuous 
        supply of resources critical to the people of the United States 
        while ensuring these resources are available for future 
        generations;
            (9) Federal conservation actions should incur the lowest 
        cost possible to citizens and taxpayers and ensure efficient 
        use of scarce conservation resources;
            (10) the United States should provide incentives for State, 
        local, and private conservation efforts to enable and assist 
        the State, local governments, and private sectors to create, 
        maintain, and implement effective endangered species programs 
        and should affirmatively intervene in fish, wildlife, and plant 
        recovery conservation efforts where there is a direct and 
        substantial effect on interstate commerce and State, local and 
        private efforts have proven ineffective;
            (11) the constitutionally recognized rights should be 
        protected and accounted for in carrying out the purposes and 
        provisions of this Act;
            (12) the costs of programs which benefit society as a whole 
        should not be borne by individuals but should be shared equally 
        by the public which benefits from those programs; and
            (13) the provisions of this Act and the actions authorized 
        herein are consistent with and meet the obligations imposed by 
        all duly adopted and valid international treaties and 
        agreements to which the United States is a party as of the date 
        of enactment hereof.
    (b) Purposes.--The purposes of this Act are to--
            (1) provide conservation and recovery, in those cases where 
        it is feasible to recover endangered species, and therefore 
        conserve biodiversity;
            (2) ensure that the needs and rights of people are 
        accounted for in decisionmaking pertaining to endangered 
        species recovery and conservation;
            (3) ensure that determination of species as endangered, 
        recovery and conservation efforts and decisions are made only 
        upon valid factual and scientific bases; and
            (4) to provide incentives for the recovery and conservation 
        of endangered species.

SEC. 3. DEFINITIONS.

    For the purposes of this Act, the following definitions apply:
            (1) The term ``animal'' means any wild species, subspecies, 
        or distinct population of fish or wildlife or any viable egg 
        thereof or any parts thereof obtained in violation of this Act. 
        The term animal shall not include any privately owned specimen, 
        eggs, part or products thereof, nor shall it include any 
        microorganism.
            (2) The term ``plant'' includes any wild species, 
        subspecies, or distinct population of plant and any viable 
        seed, root or part thereof obtained in violation of this Act. 
        The term plant shall not include any privately owned specimens, 
        seed, root, part or products thereof, nor shall it include any 
        microorganism.
            (3) The term ``endangered,'' with respect to a wild animal 
        or a wild plant, means a species has been determined by the 
        Secretary under section 5 to be in imminent danger of 
        extinction or likely to become in danger of extinction 
        throughout all or a significant portion of its range other than 
        a species determined by the Secretary to constitute a pest 
        whose protection under the provisions of this Act would present 
        a substantial risk to man.
            (4) Except as otherwise provided herein, the term 
        ``injure'' means, with respect to a member of an endangered 
        species, an action which directly results in physical harm 
        which will significantly reduce the member's chance of survival 
        other than an injury brought about as an unintended consequence 
        of habitat modification or alteration.
            (5) The terms ``conserve,'' ``conserving,'' and 
        ``conservation'' mean to take actions to improve a negative 
        trend in or to stabilize the condition of an endangered 
        species, including all activities associated with resources 
        management such as habitat management and alteration, habitat 
        acquisition, propagation, harvest, cultivation, live trapping, 
        transplantation, census, research, and technical assistance and 
        support.
            (6) The term ``State'' means any of the several States, the 
        District of Columbia, the Commonwealth of Puerto Rico, American 
        Samoa, the Virgin islands and the Pacific islands under United 
        States sovereignty.
            (7) The term ``State agency'' means any agency, department, 
        board, commission, or other governmental agency or other entity 
        designated by the legislative body of the State to have 
        responsibility for the management and conservation for fish, 
        wildlife, or plant resources within the State: Provided, 
        however, That the legislative body of the State shall determine 
        which agency shall carry out the responsibilities assigned to 
        State agencies under this Act and to what extent each such 
        agency shall act pursuant thereto.
            (8) The term ``Secretary'', except as otherwise herein 
        provided, means the Secretary of the Interior or the Secretary 
        of Commerce as program responsibilities are vested pursuant to 
        the provisions of Reorganization Plan Numbered 4 of 1970; 
        except that with respect to the enforcement of the provisions 
        of this Act and the Convention on International Trade in 
        Endangered Species of Wild Fauna and Flora signed on March 3, 
        1973, (including the appendices thereto) which pertain to the 
        importation or exportation of terrestrial plants, the term also 
        means the Secretary of Agriculture.
            (9) The term ``Federal agency'' means any department, 
        agency, Government corporation or instrumentality of the United 
        States.
            (10)(A) The term ``person'' means--
                    (i) an individual, corporation, partnership, trust, 
                association, or other private entity;
                    (ii) any State, municipality, or political 
                subdivision of a State;
                    (iii) any officer, employee, agent, agency, 
                department or instrumentality of the Federal 
                Government, of any State, municipality, or political 
                subdivision of a State, or of any foreign government; 
                and
                    (iv) any other entity subject to the jurisdiction 
                of the United States.
            (B) The term ``non-Federal person'' means--
                    (i) a person described in subparagraph (A) (i), 
                (ii), or (iv); and
                    (ii) any officer, employee, agent, agency, 
                department or instrumentality of any State, 
                municipality, political subdivision of a State, foreign 
                government, or Indian tribe.
            (11) The term ``vertebrate species'' means any member of 
        the sub-phylum vertebrata including any mammal, bird, reptile, 
        amphibian, or fish.
            (12) The term ``recover'' means to improve the condition of 
        an endangered species to the point at which it is no longer 
        endangered within the meaning of this Act.
            (13) The term ``net benefit'' means an action which, on its 
        own or in the context of other actions, contributes to 
        furthering the conservation of an endangered species.
            (14) The term ``feasible'' means determined by the 
        Secretary to be attainable when biological, climatic, 
        technical, economic, budgetary, legal, social, and other 
        limiting factors have been taken into consideration.
            (15) The term ``trespassing'' means entering into privately 
        owned land without the consent of the landowner including any 
        person having a possessory interest in said land except where 
        expressly permitted by State or local law: Provided, That said 
        landowner may consent to said entry after the fact.
            (16) The term ``shall'' means mandatory.
            (17) The term ``may'' means precatory.
            (18) The term ``habitat'' means the geographic area which 
        contains the factors necessary for an endangered species to 
        carry out its range of life and reproductive functions and 
        which presently supports a viable population of the animal or 
        plant.
            (19) The term ``property'' means all property protected 
        under the fifth amendment to the Constitution of the United 
        States, any applicable Federal or State law and includes 
        without limitation: real property or any interest therein; the 
        right to use or receive water; rents, issues and profits of 
        land; contracts; property provided by or memorialized in 
        contracts; and any interest understood to be property based on 
        custom, usage, common law, or mutually reinforcing 
        understandings sufficiently well-grounded in law to back a 
        claim of interest.
            (20) The term ``endangered species'' means any animal or 
        plant that has been determined to be endangered by the 
        Secretary in accordance with section 5 and any species that on 
        the date of enactment of this Act is included in a list 
        published under section 4(C) of the Endangered Species Act of 
        1973 (16 U.S.C. 1533(C)).

SEC. 4. RECOVERY.

    (a) Recovery Plans and Statements.--The Secretary shall within 2 
years after the listing of an animal or plant as endangered under 
section 5 develop a plan for the conservation or recovery of the 
endangered species, unless he finds that such a plan will not promote 
the conservation or recovery of the endangered species, in which case 
he shall develop a conservation or recovery statement.
            (1) Plans.--The Secretary, in developing and implementing 
        plans, shall, to the maximum extent practicable give priority 
        to those endangered species that are most likely to benefit 
        from such plans and give priority to those endangered species 
        that are more genetically complex, taxonomically unique or 
        ecologically, medicinally or economically valuable. The 
        Secretary shall incorporate in the plan for an endangered 
        species--
                    (A) a description of such site-specific management 
                actions as may be necessary to achieve the plan's goal 
                for the conservation or recovery of the endangered 
                species;
                    (B) objective, measurable, and feasible criteria 
                which, if met, would result in a determination, in 
                accordance with the provisions of section 5, that the 
                endangered species be removed from the list published 
                under that section in the instances where this is 
                determined to be feasible in accord with section 5;
                    (C) estimates of the time required and the cost to 
                carry out those measures needed to achieve the plan's 
                goal and to achieve intermediate steps toward that 
                goal;
                    (D) population goals for conservation or recovery 
                of the endangered species and the bases for 
                establishing the stated goals;
                    (E) estimates of the endangered species present 
                population and distribution;
                    (F) identifiable social and economic benefits of 
                conserving the endangered species; and
                    (G) a description of the animals or plants of the 
                same species or sub-genus and the status of those 
                animals and plants including distribution and 
                population and the reliability and validity of such 
                data.
            (2) Statements.--For those endangered species for which the 
        Secretary chooses not to develop and implement a plan, the 
        Secretary shall develop a conservation or recovery statement. 
        The Secretary, in developing statements shall give priority to 
        those endangered species which are more genetically complex, 
        taxonomically unique or ecologically, medicinally and 
        economically valuable. The Secretary shall, to the maximum 
        extent practicable, incorporate in each statement the matters 
        specified in subparagraphs (B) through (G) of paragraph 1.
            (3) Public comment.--Within 18 months after the date of 
        listing an animal or plant as endangered the Secretary shall 
        make available for public comment for a period of at least 90 
        days a draft of a plan or a statement for the endangered 
        species by--
                    (A) publishing a notice of the draft of a plan or a 
                statement in a newspaper of general circulation in each 
                area of the United States in which the animal or plant 
                is believed to occur, information on how to obtain a 
                copy and instructions for submitting comments or 
                requesting a public hearing;
                    (B) providing information on how to obtain a copy 
                and instructions for submitting comments or for 
                requesting a public hearing to--
                            (i) each State or county or equivalent 
                        jurisdiction in which the endangered species is 
                        believed to occur;
                            (ii) insofar as practical, and in 
                        cooperation with the Secretary of State, each 
                        foreign nation in which the animal or plant is 
                        believed to occur or whose citizens harvest the 
                        animal or plant on the high seas;
                            (iii) such professional scientific 
                        organizations or individuals as the Secretary 
                        considers appropriate; and
                            (iv) each owner of property on which the 
                        endangered species is believed to occur, where 
                        reasonably feasible to provide such individual 
                        notice.
                    (C) promptly holding, on request, one or more 
                public hearings on the draft plan or statement at a 
                location reasonably convenient to the affected public, 
                if any affected person files a request for such a 
                hearing within 45 days after the date of publication of 
                notice of the draft plan; and
                    (D) in addition the Secretary shall provide a copy 
                of the draft plan or statement to any person requesting 
                a copy. The Secretary shall not charge any person 
                requesting a copy of the plan or statement for the cost 
                of providing said copy if the person requesting the 
                copy certifies that the requester is an owner of 
                property on which the endangered species may exist, is 
                a representative of an owner or owners of such property 
                or is a person who may be directly or substantially 
                affected by the existence of the endangered species.
            (4) Plan and statement approval.--After taking comments 
        submitted in accordance with this subsection, the Secretary 
        shall amend the draft plan or statement if necessary and then 
        approve the plan or statement.
            (5) Public notification.--Upon approval of the plan the 
        Secretary shall--
                    (A) publish in the Federal Register a summary of 
                the plan or statement and information on how to obtain 
                a copy;
                    (B) provide without charge a copy of the plan or 
                statement, or information on how to obtain a copy to 
                those who submitted comments or requested a copy or 
                public hearing under paragraph (3); and
                    (C) publish a notice of the approved plan or 
                statement in a newspaper of general circulation in each 
                area of the United States in which the animal or plant 
                is believed to occur and information on how to obtain a 
                copy.
            (6) Amendment.--The Secretary may amend an approved plan 
        through the rulemaking process.
            (7) Outside assistance.--The Secretary, in developing plans 
        or statements, may procure the services, through the use of a 
        competitive bidding process or other means, of appropriate 
        public and private agencies and institutions, and other 
        persons.
            (8) Federal advisory committee act.--Recovery teams 
        appointed pursuant to this subsection shall be subject to the 
        Federal Advisory Committee Act (5 U.S.C. App.).
    (b) Recovery Management.--
            (1) Technical assistance, voluntary agreements, 
        conservation through commerce and other measures.--If the 
        Secretary determines that it will contribute to the 
        conservation or recovery of an endangered species, the 
        Secretary may provide scientific, technical, administrative or 
        financial assistance to private, State or lesser government 
        entities to--
                    (A) establish voluntary agreements with land owners 
                who are non-Federal persons, of up to 25 years in 
                duration, to improve, maintain or create habitat for 
                endangered species;
                    (B) promote conservation through commerce, 
                including the private propagation of endangered species 
                and the private use of endangered species when such use 
                results in a net benefit to said species, by providing 
                assistance to, entering into agreements with or 
                otherwise encouraging for-profit and not-for-profit 
                companies, organizations, and individuals involved in 
                such activities;
                    (C) subject to the availability of appropriations, 
                acquire property from willing sellers; and
                    (D) take other nonregulatory conservation or 
                recovery measures.
            (2) Monitoring.--The Secretary may monitor the success of 
        voluntary agreements and other voluntary efforts under this 
        section in conserving and recovering endangered species.
            (3) Other required actions.--The Secretary shall--
                    (A) establish a system of awards and rewards for 
                participation in voluntary, cooperative programs that 
                further the conservation or recovery of endangered 
                species; and
                    (B) maintain a database of information valuable to 
                the conservation of endangered species which shall be 
                accessible to the public.
            (4) State cooperation.--The Secretary, subject to the 
        availability of appropriations, may, with any State or States, 
        enter into a cooperative agreement that is designed to directly 
        further the management of endangered species or their habitat 
        and thereby promote the conservation or recovery of such 
        endangered species through the provision of scientific, 
        technical or managerial assistance or through the provision of 
        contracts. Any contract which the Secretary awards under this 
        paragraph shall stipulate that the recipient State shall 
        provide the Secretary with the information relevant to the 
        State for purposes of section 5.
    (c) Federal Cooperation.--The Secretary may provide scientific, 
technical or administrative assistance to other Federal agencies for 
the purpose of directly furthering the conservation or recovery of 
endangered species including--
            (1) the adoption of memoranda of understanding or memoranda 
        of agreement;
            (2) the establishment of formal or informal working groups, 
        task forces or other such entities which--
                    (A) may include representatives of State, local, or 
                other government entities or other non-Federal persons; 
                and
                    (B) which shall be advisory committees within the 
                meaning of the Federal Advisory Committee Act (5 U.S.C. 
                app.); and
            (3) other non-regulatory conservation or recovery 
        management activities.
    (d) Secretarial Assessment of Major Federal Projects.--
            (1) In general.--The Secretary shall--
                    (A) assess whether any major Federal project will 
                directly and significantly reduce the likelihood that 
                an endangered species may be conserved or recovered; 
                and
                    (B) transmit the findings of that assessment to the 
                head of the Federal agency conducting the major Federal 
                project and the Congress.
            (2) Major federal project defined.--For the purposes of 
        this subsection, the term ``major Federal project'' means any 
        individual Federal undertaking, permit, or license directly 
        resulting in a Federal expenditure of more than $2,000,000.
    (e) Emergency Measures.--
            (1) Initial injunction.--The Secretary may bring an action 
        to enjoin, for up to 45 days, any activity which the Secretary 
        can reasonably demonstrate to destroy an endangered species or 
        its habitat. During the period of such an injunction, the 
        Secretary may negotiate a conservation management or other 
        agreement beneficial to the endangered species with the owner 
        of the property on which the activity will be conducted.
            (2) Additional injunction.--If during the period of an 
        injunction under paragraph (1) attempts to negotiate a 
        voluntary conservation agreement with the property owner are 
        unsuccessful, the Secretary may bring no more than one 
        additional action to enjoin the activity for up to an 
        additional 45 days. During the period of such an injunction, 
        the Secretary may--
                    (A) continue negotiations;
                    (B) collect or capture the endangered species on 
                the property and translocate them to another site 
                within 90 days after filing of the action for the first 
                injunction if the Secretary--
                            (i) makes a reasonable effort to gain the 
                        property owner's written, informed consent to 
                        enter the property and gives the property owner 
                        at least 48 hours notice of intent to enter the 
                        property; and
                            (ii) inflicts the minimal damage, 
                        disturbance, annoyance, or nuisance necessary; 
                        or
                    (C) seek to purchase the property under subsection 
                (f).
            (3) Limitation on injunctions.--Except by consent of the 
        property owner the Secretary may not--
                    (A) subject a property to an injunction under 
                paragraph (1) more than one time in any 10-year period 
                or extend any injunction beyond the originally 
                specified period herein.
            (4) Orders to collect and remove.--The Secretary may seek 
        an order for express and sole purpose of expeditiously and with 
        minimal intrusion and interruption entering a property to 
        capture or collect and remove endangered species based upon 
        reasonable belief that said endangered species, unless removed 
        from the property, face imminent damage or destruction.
            (5) Compensation for damage or loss due to entry.--The 
        United States Government shall be liable to a property owner 
        for all damages and losses incurred by the property owner as a 
        result of any entry of the property under paragraph (2)(B) or 
        (4).
    (f) Acquisition of Property.--
            (1) Prior to any purchase or other acquisition of property 
        or property interest pursuant to this Act, the Secretary shall 
        make reasonable efforts to reach an agreement with the property 
        owner for an exchange of said property for property owned by 
        the United States of like value. If such agreement is obtained, 
        the Secretary shall present the agreement to Congress for 
        approval as required by law.
            (2) Property acquired pursuant to this Act shall be 
        appraised for the purposes of that acquisition without regard 
        to the presence of endangered species.
    (g) Monitoring.--The Secretary may monitor the success of voluntary 
agreements and other voluntary efforts under this section in conserving 
and recovering endangered species.

SEC. 5. DETERMINATION OF ENDANGERED ANIMALS AND PLANTS, LISTING AND 
              REPORTING.

    (a) Determination.--
            (1) In general.--The Secretary, at such times the Secretary 
        considers appropriate and by regulation promulgated in 
        accordance with subsection (b), may determine whether any 
        animal or plant is endangered based on any of the following 
        factors:
                    (A) The present or imminent destruction, adverse 
                modification, or curtailment of a significant portion 
                of its habitat or range.
                    (B) Disease or predation.
                    (C) An extremely limited range or population.
                    (D) Other adequate and verifiable scientifically 
                valid data indicating natural or manmade factors 
                adversely affecting the species' continued existence.
            (2) Determination by the secretary of commerce.--With 
        respect to any animal or plant over which program 
        responsibilities have been vested in the Secretary of Commerce 
        pursuant to Reorganization Plan Numbered 4 of 1970 (5 U.S.C. 
        App.)--
                    (A) in any case in which the Secretary of Commerce 
                determines that such animal or plant should be 
                determined to be endangered, the Secretary of Commerce 
                shall so inform the Secretary of the Interior, who 
                shall list such animal or plant in a list published 
                under section (d);
                    (B) in any case in which the Secretary of Commerce 
                determines that such animal or plant should be removed 
                from the list published pursuant to subsection (d) the 
                Secretary of Commerce shall recommend such action to 
                the Secretary of the Interior, and the Secretary of the 
                Interior, if he concurs in the recommendation, shall 
                implement such action; and
                    (C) the Secretary of the Interior may not include 
                any such animal or plant in such list or remove from 
                the list any such animal or plant without a prior 
                favorable determination made pursuant to this section 
                by the Secretary of Commerce.
    (b) Procedures and Requirements for Determination.--
            (1) Basis.--The Secretary shall make a determination under 
        subsection (a)(1) regarding an animal or plant--
                    (A) solely on the basis of the independently 
                verifiable data sufficient to reach a scientific 
                conclusion, having that data verified by field testing 
                to the extent practical;
                    (B) after conducting a review and considering all 
                information available pursuant to such a review of the 
                status of the animal or plant; and
                    (C) after taking into account those efforts, if 
                any, being made by any person, State or foreign nation, 
                or any political subdivision of a State or foreign 
                nation, to conserve or protect such animals or plants 
                by any means, within any area under its jurisdiction, 
                or on the high seas.
            (2) Procedure.--To make a determination under this 
        subsection of whether an animal or plant is endangered, the 
        Secretary shall--
                    (A) promptly publish in the Federal Register a 
                general notice that a review of the status of the 
                animal or plant will be undertaken which includes--
                            (i) the scientific and common name of the 
                        animal or plant;
                            (ii) the historical and known range of the 
                        animal or plant;
                            (iii) the basis for undertaking the review;
                            (iv) the means and time period for 
                        interested parties to submit information for 
                        the review; and
                            (v) the persons which the Secretary has or 
                        will notify regarding the commencement of a 
                        review;
                    (B) give actual notice of the review to and invite 
                the comment from--
                            (i) the relevant State agency in each State 
                        in which the animal or plant is believed to 
                        occur, and to each county or equivalent 
                        jurisdiction in which the animal or plant is 
                        believed to occur;
                            (ii) insofar as practical, and in 
                        cooperation with the Secretary of State, to 
                        each foreign nation in which the animal or 
                        plant is believed to occur or whose citizens 
                        harvest the animal or plant on the high seas;
                            (iii) to such professional scientific 
                        organizations or individuals as the Secretary 
                        deems appropriate; and
                            (iv) each owner of property on which the 
                        endangered species is believed to occur, where 
                        reasonably feasible to provide such individual 
                        notice;
                    (C) publish a notice of the review in a newspaper 
                of general circulation in each area of the United 
                States in which the animal or plant is believed to 
                occur; and
                    (D) promptly hold, on request one or more public 
                hearings on the review at a location reasonably 
                convenient to the affected public, if any person who is 
                a member of the affected public files a request for 
                such a hearing within 90 days after the date of 
                publication of general notice under subsection.
            (3) Determination required.--Within the 2-year period 
        beginning on the date on which general notice is published in 
        accordance with paragraph (2)(A) for an animal or plant, the 
        Secretary shall make one of the following determinations--
                    (A) a determination that the animal or plant is not 
                endangered,
                    (B) a determination that the animal or plant is 
                endangered,
                    (C) a determination that although a determination 
                under subparagraph (B) is warranted, such a 
                determination is precluded because--
                            (i) sufficient conservation efforts are 
                        currently underway and additional protections 
                        and resources under this Act are not necessary 
                        or may interfere with the success of such 
                        efforts;
                            (ii) other laws or regulations provide 
                        adequate protection; or
                            (iii) a determination under subparagraph 
                        (B) would interfere with the success of more 
                        important conservation or recovery measures 
                        which are or will be taken under this Act.
            (4) Action after determination.--Upon making a 
        determination under paragraph (3) for an animal or plant, the 
        Secretary shall promptly--
                    (A) publish in the Federal Register final 
                regulation to implement such determination;
                    (B) give actual notice of the determination 
                (including the complete text of the regulations 
                required by subparagraph (A)) to--
                            (i) the relevant State agency in each State 
                        in which the animal or plant is believed to 
                        occur, and to each county or equivalent 
                        jurisdiction in which the animal or plant is 
                        believed to occur;
                            (ii) insofar as practical, and in 
                        cooperation with the Secretary of State, to 
                        each foreign nation in which the animal or 
                        plant is believed to occur or whose citizens 
                        harvest the animal or plant on the high seas;
                            (iii) to such professional scientific 
                        organizations or individuals as he deems 
                        appropriate;
                            (iv) to any person who submitted comments 
                        or requested a public hearing for the review; 
                        and
                            (v) each owner of property on which the 
                        endangered species is believed to occur, where 
                        reasonably feasible to provide such individual 
                        notice; and
                    (C) publish a summary of the determination 
                (including the complete text of the regulation) in a 
                newspaper of general circulation in each area of the 
                United States in which the animal or plant is believed 
                to occur.
    (c) Emergency Listing.--
            (1) In general.--The Secretary may determine that an animal 
        or plant is in danger of imminent extinction unless immediately 
        included on the list published pursuant to subsection (e) and 
        may, without regard to the requirements of subsection (b), 
        publish notice of such determination in the Federal Register.
            (2) Effectiveness of determination, generally.--A 
        determination under paragraph (1) shall be effective for a 
        period specified by the Secretary, which may not exceed 1 year.
            (3) Limitation on subsequent determination.--The Secretary 
        may not renew an emergency listing more than once.
            (4) Termination of effectiveness.--A determination under 
        paragraph (1) shall not be effective after the date the 
        Secretary publishes notice thereof in the Federal Register.
            (5) Establishing an emergency listing basis.--Promptly 
        after making an emergency listing, the Secretary shall conduct 
        a review to determine whether the animal or plant is endangered 
        in accordance with the procedures and standards established in 
        subsections (a) and (b).
    (d) Recovery Feasibility.--Within 1 year of determining under 
section 5 that an animal or plant is endangered, the Secretary shall 
determine whether recovery is a feasible goal for the endangered 
species and shall publish in the Federal Register such determination 
and the basis for it. The Secretary may subsequently change this 
finding if necessary because of new information, and shall promptly 
publish each such determination in the Federal Register and include the 
basis for the determination.
    (e) Lists.--
            (1) In general.--The Secretary of the Interior shall 
        publish in the Federal Register and make available to the 
        public through electronic means a list of every animal and 
        plant for which there is in effect a determination under this 
        section by the Secretary or the Secretary of Commerce that the 
        animal or plant is endangered.
            (2) Information included.--The list published under this 
        subsection shall--
                    (A) refer to the animals and plants contained 
                therein by scientific and common name or names, if any, 
                and
                    (B) specify with respect to such animal or plant--
                            (i) over what portion of its range it is 
                        endangered, and
                            (ii) whether the Secretary has found 
                        recovery to be a feasible goal for the 
                        endangered species.
            (3) Revisions.--The Secretary shall, at least annually, 
        revise the list published under his subsection to reflect 
        recent determinations made in accordance with this section.
    (f) Judicial Review.--
            (1) Time to petition for review.--Any person who may be 
        directly and substantially affected by any action taken, or 
        determination or finding made, pursuant to this section may 
        petition for judicial review of said determination or finding 
        within 180 days of the publication or giving of any notice that 
        the action was taken or the determination or finding required 
        by this section was made, or within 1 year of the date at which 
        such publication should have been made or notice given if 
        notice has not been made or given.
            (2) Standards of review.--
                    (A) the court reviewing a petition pursuant to this 
                subsection shall invalidate the action of the Secretary 
                and remand the matter to the agency for proper 
                proceedings if the Secretary failed to follow the 
                procedures provided herein.
                    (B) Upon prima facie showing by the person or 
                persons petitioning for review of the action, decision, 
                determination, or finding at issue that the finding, 
                determination, or other action does not meet the 
                requirements of, or criteria established by, this 
                section, the burden shall shift to the Secretary to 
                establish that the finding, determination, or action at 
                issue was proper and meets the criteria and 
                requirements set forth in this section.
            (3) The term ``substantial evidence,'' when applied to any 
        act or determination under this Act which is reviewable under 
        the Administrative Procedure Act, means evidence on which a 
        reasonable member of the profession whose discipline such 
        evidence is offered would rely in making a scientific or 
        technical determination.
    (g) Monitoring.--The Secretary shall implement a system in 
cooperation with the States to monitor effectively for not less than 5 
years the status of all animals and plants which--
            (1) have recovered to the point at which the measures 
        provided pursuant to this Act are no longer necessary; and
            (2) which, in accordance with the provisions of this 
        section, have been removed from the list published under 
        subsection (e).
    (h) Reporting.--The Secretary shall report every 2 years to the 
President and Congress on efforts to conserve and recover endangered 
species including--
            (1) the status of efforts to develop and implement recovery 
        plans, including descriptions of the voluntary and cooperative 
        measures implemented for all endangered species included in the 
        list published under subsection (e);
            (2) the status, including population trend data if 
        available and some measure of the reliability of such data, of 
        all endangered species;
            (3) the animals or plants which have been removed from the 
        list maintained under subsection (e), the date of each removal, 
        the reason for removal and the current condition of the animal 
        or plant if it was listed within the last 5 years;
            (4) a list of States which maintain programs to conserve 
        endangered species (including programs to conserve animals or 
        plants considered by a state as in danger of or threatened with 
        extinction but which have not been determined under this Act to 
        be endangered), the annual expenditures by each State for those 
        programs and the annual funds and cumulative funds received by 
        the State under section 4 for expenditure for endangered 
        species included on the list published under subsections (e) 
        and those state funds expended on animals and plants which are 
        considered in danger of or threatened with extinction by the 
        respective State but not in accordance with a determination 
        under this Act;
            (5) an accounting on an animal by animal or a plant by 
        plant basis of all reasonably identifiable Federal expenditures 
        on endangered species by year and as a running total;
            (6) an accounting on an animal by animal and plant by plant 
        basis of each State's reasonably identifiable expenditures on 
        endangered species by year and as a running total, including 
        expenditures by agencies other than those with primary 
        responsibility for endangered species;
            (7) to the extent practicable, an accounting on an animal 
        by animal or a plant by plant basis of all reasonably 
        identifiable private expenditures on endangered species by year 
        and as a running total; and
            (8) an accounting of other expenditures by Federal, State, 
        or private persons that resulted from this Act and that are not 
        attributable to a specific endangered species.

SEC. 6. PROHIBITIONS, PENALTIES, AND EXCEPTIONS.

    (a) Intentional Killing or Injuring Violation.--It is unlawful for 
any person to directly and intentionally kill or directly and 
intentionally physically injure a member of any vertebrate species and 
which is properly included in the list published under section 5(e), 
except that uses of endangered species, including but not limited to 
hunting, fishing, captive propagation, and harvesting that contribute 
to the endangered animal's survival or conservation shall be allowed.
    (b) Intentional Killing or Injuring Penalty.--Any person who 
violates subsection (a) of this Act may be--
            (1) assessed a civil penalty of not more than $25,000; or
            (2) fined not more than $25,000 and be imprisoned for not 
        more than 6 months.
    (c) Injunction Violation.--It is unlawful for any person against 
whom an injunction or order has been issued pursuant to section 4(e) of 
this Act to intentionally and knowingly violate said order.
    (d) Injunction Violation Penalty.--Any person who violates 
subsection (c) of this Act may be--
            (1) assessed a civil penalty of not more than $25,000; or
            (2) fined not more than $25,000 and be imprisoned for not 
        more than 6 months.
2    (e) Poaching and Malicious Killing or Injuring Violation.--It is 
unlawful for any person to--
            (1) in knowing violation of this Act, maliciously and in 
        the pursuit of personal gain as a direct result thereof, 
        intentionally kill or directly and intentionally physically 
        injure a member of a vertebrate species which is properly 
        included in the list published under section 5(e); or
            (2) Maliciously or in the pursuit of personal gain as a 
        direct result thereof, intentionally and directly kill or to 
        intentionally and directly physically injure a member of an 
        endangered species while trespassing on private property or 
        while in a National Park or National Wildlife Refuge.
    (f) Poaching and Malicious Killing or Injuring Penalty.--Any person 
who violates subsection (e) of this Act may, upon conviction, be fined 
not more than $50,000 and be imprisoned for not more than 1 year.
    (g) Other Violations.--It is unlawful for any person to--
            (1) intentionally capture, collect, or trap or attempt to 
        capture, collect, or trap any listed vertebrate animal on any 
        property subject to the jurisdiction of the United States and 
        not described in (2);
            (2) capture, collect, or trap or attempt to capture, 
        collect, or trap any listed vertebrate animal while trespassing 
        on private property or while on federally owned lands within a 
        National Park or National Wildlife Refuge;
            (3) directly and intentionally kill or directly and 
        intentionally physically injure a member of; intentionally 
        capture, collect, or trap; or attempt to capture, collect, or 
        trap a member of any listed invertebrate animal or plant on any 
        property subject to the jurisdiction of the United States and 
        not described in (4); and
            (4) directly and intentionally kill or directly and 
        intentionally physically injure a member of; capture, collect, 
        or trap; or attempt to capture, collect, or trap a member of 
        any listed invertebrate animal or plant while trespassing on 
        private property or while on federally owned lands within a 
        National Park or National Wildlife Refuge.
    (h) Penalty for Other Violations.--Any person who violates--
            (1) subsection (g)(1) of this Act may be assessed a civil 
        penalty of not more than $2,500;
            (2) subsection (g)(2) of this Act may be assessed a civil 
        penalty of not more than $10,000;
            (3) subsection (g)(3) of this Act may be assessed a civil 
        penalty of not more than $250; and
            (4) subsection (g)(4) of this Act may be assessed a civil 
        penalty of not more than $1,000.
    (i) Protection of Person or Property.--Notwithstanding any other 
provision of this Act, no penalty shall be imposed if it can be shown 
by a preponderance of the evidence that the defendant committed an act 
based on a good faith belief that the defendant was acting to protect 
himself or herself or any other individual from bodily harm or to 
protect private property from significant damage.
    (j) Prior Ownership Exemption.--It shall be a defense against any 
charge brought under this section except (c) that--
            (1) the person committing the act did so with the consent 
        of the owner; and
            (2) that the animal or plant was owned prior to the date of 
        inclusion of its taxonomic unit on the list published pursuant 
        to section 5(e) of this Act or that the animal or plant is the 
        progeny of an animal or plant owned prior to the date of 
        inclusion of its taxonomic unit on the list published pursuant 
        to section 5(e) of this Act or was otherwise lawfully acquired.
    (k) Secretarial Waiver.--The Secretary may waive application of 
(a), (c), (e), and (g) to protect public health and safety or for 
national security or a national, regional, or local emergency.
    (l) Permitting Actions.--Notwithstanding any other provision of 
this Act, the Secretary shall permit any person or State to commit 
actions that, when considered individually or in the context of other 
actions that, when considered individually or in the context of other 
actions, contribute to furthering the conservation of an endangered 
species. Such actions may include collection, trapping, and capturing 
of an endangered species that further the endangered species' recovery 
or conservation.

SEC. 7. OTHER PROVISIONS.

    (a) Use of Federal Authorities.--Federal department and agencies 
shall on Federal lands, in a manner consistent with the mission of the 
managing departments and agencies, and, with the permission of the land 
owner, may on State and private lands, seek to conserve or recover 
endangered species and shall utilize their authorities in furtherance 
of the purposes of this Act.
    (b) Water Use.--
            (1) Cooperation with state and local governments.--The head 
        of each Federal agency shall cooperate with State and local 
        agencies to resolve water resource issues in concert with 
        conservation or recovery of endangered animals and plants in a 
        manner consistent with and governed by State water law.
            (2) Compensation for water rights.--Water rights protected 
        under State law should not be injured or adversely affected in 
        carrying out any section of this Act without just compensation.
            (3) Continuity of allocation.--This Act shall not be 
        considered, construed, or interpreted so as to alter, change, 
        modify, or abrogate in any way whatsoever the allocation of 
        water among or between States pursuant to either interstate 
        compacts or decisions of the United States Supreme Court.
    (c) Electronic Information Distribution.--The Secretary shall--
            (1) make available by electronic means, such as the 
        Internet--
                    (A) all notices issued by the Secretary under this 
                Act that would appear in the Federal Register or other 
                forums of public notice;
                    (B) all recovery or conservation plans and 
                statements;
                    (C) the list published under section 5(e);
                    (D) the report required by section 5(h); and
                    (E) to the extent practicable, other materials 
                received regarding or produced in implementing this 
                Act; and
            (2) shall seek to make access to information in paragraph 
        (1) available at minimal cost and inconvenience to those 
        seeking the information.

SEC. 8. ENDANGERED SPECIES RECOVERY FUND.

    (a) Endangered Species Recovery Fund General.--
            (1) Establishment of fund.--There is established in the 
        Treasury a separate account, which shall be known as the 
        Endangered Species Recovery Fund (in this section referred to 
        as the ``Fund'').
            (2) Contents.--The Fund shall consist of all amounts 
        received by the United States in the form of--
                    (A) a portion of fees for admission to National 
                Wildlife Refuges, National Parks, National Recreation 
                Areas, National Seashores, National Monuments, or 
                National Forest Areas where there currently are 
                admission fees;
                    (B) fees for Lifetime User Passes issued under 
                subsection (b);
                    (C) donations under subsection (b);
                    (D) 10 percent of the amounts received by the 
                United States each year under leases authorizing oil or 
                gas activities in the Arctic National Wildlife Refuge; 
                and
                    (E) funds derived from an increased tax on the 
                unrelated business income of 501(c)(3) organizations 
                which are primarily devoted to matters pertaining to 
                the environment which are hereby increased by 5 percent 
                to provide revenue for this Fund.
            (3) Use.--
                    (A) In general.--Amounts in the Fund shall be 
                available to the Secretary, subject to the availability 
                of appropriations, only to carry out this Act.
    (b) Funding.--
            (1) Limitation on fees.--Nothing in this Act authorizes the 
        Secretary to--
                    (A) establish or impose any user or admission fees 
                for lands for which such a fee is not in effect on the 
                date of enactment of this Act, except for federally 
                designated wilderness areas;
                    (B) increase that portion of any user or admission 
                fee which shall be directed to the Fund by more than 
                $1, except for federally designated wilderness areas; 
                or
                    (C) direct any more than $1 from any user or 
                admission fee to the Fund, except for federally 
                designated wilderness areas.
            (2) Lifetime user pass.--
                    (A) In general.--The Secretary shall establish and 
                issue to individuals a Lifetime User Pass, which shall 
                permit an individual to whom the pass is issued to 
                enter without payment of any fee any National Park, 
                National Wildlife Refuge, National Recreation Area, 
                National Seashore, National Lakeshore, or National 
                Monument.
                    (B) Fee.--The Secretary shall impose a fee for a 
                Lifetime User Pass under this subsection in an amount 
                established by the Secretary, not to exceed $500.
            (3) Donations.--The Secretary may accept donations from the 
        public to carry out this Act, except that no donation may be 
        accepted under this subsection from any person having business 
        with or matters pending before the department of the Secretary.

SEC. 9. ADDITIONAL CONSERVATION INCENTIVES.

    (a) Property Tax Credit.--The Secretary of the Treasury shall allow 
a credit of 100 percent of the State, county and local property taxes 
assessed and paid for private property or portion thereof which is 
managed to promote the conservation or recovery of an endangered 
species and which directly contributes to the conservation or recovery 
of an endangered species by providing habitat which is used or occupied 
by an endangered species. Such credit shall be applied against the 
Federal individual or corporate tax of the owners of the property.
    (b) Credit for Other Expenses.--Upon recommendation by the 
Secretary of the Interior, the Secretary of the Treasury shall allow a 
credit of up to 100 percent for expenditures for furthering the 
conservation or recovery of an endangered species pursuant to an 
agreement entered into with the Secretary under this Act. Such credit 
shall be applied against the Federal individual or corporate tax of the 
person making said expenditures.
    (c) Estate Tax Deferral.--The Secretary of the Treasury shall defer 
collection of any estate taxes owed and levied against real property 
for any portion of the property that directly contributes to
 the conservation or recovery of an endangered species for so long as 
said property is used or occupied by an endangered species.

SEC. 10. BIODIVERSITY CONSERVATION TECHNOLOGY.

    (a) The Secretary may directly or by contract undertake activities 
to further the conservation or recovery of endangered species by the 
collection, storing and use of--
            (1) genetic materials, eggs, sperm, or tissue of endangered 
        animals; and
            (2) genetic material, seeds, or tissue of endangered 
        plants.

SEC. 11. CONFORMING AMENDMENTS.

    (a) Definition of Harm.--Section 3 of the Endangered Species Act 
(16 U.S.C. 1532) is amended by adding at the end the following new 
paragraph:
    ``The term harm means an intentional and direct action by a person 
against any member of an endangered or threatened species of fish or 
wildlife that injures or kills the member other than as an unintended 
consequence of otherwise lawful activity.''.
    (b) Limitation on Issuance of Jeopardy Opinions.--Section 7 of the 
Endangered Species Act of 1973 (16 U.S.C. 1536) is amended by adding at 
the end the following new subsection:
    ``(q) Limitation of Issuance of Jeopardy Opinions.--Notwithstanding 
any other provision of this Act, an action permitting activity on 
private property shall not be subject to the requirements or procedures 
outlined in this section.
    (c) Termination of Authorities to Determine Endangered and 
Threatened Species and Designate Critical Habitat.--Section 4 of the 
Endangered Species Act of 1973 (16 U.S.C. 1533) is amended by adding at 
the end the following new subsection:
    ``(j) Termination of Authorities to Determine Endangered and 
Threatened Species and Designate Critical Habitat.--After the date of 
enactment of this Act, the Secretary may not any action under 
Endangered Species Act of 1973 to--
            ``(1) determine that a species is a threatened species or 
        an endangered species; or
            ``(2) designate critical habitat of a species.''.
    (d) Treatment of Species Listed Under the Endangered Species Act of 
1973.--
            (1) All species determined to be endangered species or 
        threatened species pursuant to section 4 of the Endangered 
        Species Act of 1973 shall be included on the list published 
        pursuant to section 5 of this Act, except that the Secretary 
        shall--
                    (A) within 4 years after the enactment of this 
                Act--
                            (i) determine whether each species included 
                        on the list published under section 4(C) of the 
                        Endangered Species Act of 1973 on the date of 
                        enactment of this Act meets the criteria for 
                        listing provided in section 5;
                            (ii) remove from the list published 
                        pursuant to section 5 of this Act those species 
                        determined not to meet the criteria of section 
                        5; and
                    (B) within 2 years of determining that a species 
                shall remain on the list pursuant to subparagraph (A), 
                the Secretary shall--
                            (i) develop a plan for the recovery or 
                        conservation of the species, unless the 
                        Secretary finds that such a plan will not 
                        promote the conservation or recovery of the 
                        species; or
                            (ii) develop a conservation or recovery 
                        statement, if the Secretary finds under 
                        subparagraph (A) that a plan will not promote 
                        the conservation or recovery of the species.
    (e) Compensation for Takings Under the Endangered Species Act of 
1973.--The Secretary shall compensate an owner of property whose use of 
any portion of that property has been limited by an action taken after 
the enactment of this Act pursuant to the Endangered Species Act of 
1973 as amended that diminishes the fair market value of that portion 
by 20 percent or more. The amount of compensation shall equal the 
diminution in value that resulted from the agency action. If the 
diminution in value of a portion of that property is greater than 50 
percent, at the option of the owner, the Secretary shall buy that 
portion of the property for its fair market value. Any compensation 
awarded pursuant to this provision shall be paid from moneys 
appropriated to the Secretary for the activities of the United States 
Fish and Wildlife Service or to the Secretary of Commerce for the 
activities of the National Marine Fisheries Service as appropriate.

SEC. 12. INTERPRETATION.

    The provisions of this Act shall be strictly construed so as to 
effectuate all of the purposes stated in section 2 of the Act of the 
greatest extent possible.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    (a) There are authorized to be appropriated not to exceed 
$250,000,000 for fiscal years 1996, 1997, 1998, 1999, and 2000 per year 
to enable the Secretary to carry out such functions and 
responsibilities as he may have been given under this Act.
    (b) There are authorized to be appropriated not to exceed 
$100,000,000 for fiscal year 1996 to enable the Secretary to carry out 
such functions and responsibilities as he may have been given under the 
Endangered Species Act of 1973 as amended.

SEC. 14. EFFECTIVE DATE.

    This Act shall be effective upon the date of enactment.
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