[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2444 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2444

      To reauthorize and amend the Endangered Species Act of 1973.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 1995

  Mr. Saxton introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
      To reauthorize and amend the Endangered Species Act of 1973.

    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 Habitat 
Conservation Act of 1995''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    Section 15 of the Endangered Species Act of 1973 (16 U.S.C. 1542) 
is amended to read as follows:

                   ``authorization of appropriations

    ``Sec. 15. (a) In General.--There are authorized to be appropriated 
to carry out this Act--
            ``(1) $110,000,000 for each of the fiscal years 1996, 1997, 
        1998, 1999, and 2000, to the Department of the Interior;
            ``(2) $15,000,000 for fiscal year 1996, $20,000,000 for 
        fiscal year 1997, $25,000,000 for fiscal year 1998, $30,000,000 
        for fiscal year 1999, and $35,000,000 for fiscal year 2000 to 
        the Department of Commerce; and
            ``(3) $4,000,000 for each of the fiscal years 1996, 1997, 
        1998, 1999, and 2000, to the Department of Agriculture for the 
        enforcement of this Act and the Convention with respect to the 
        importation or exportation of plants.
    ``(b) Exemptions From Act.--There are authorized to be appropriated 
to the Secretary to assist the Secretary and the Endangered Species 
Committee in carrying out their functions under section 7 (e), (g), and 
(h) $1,000,000 for each of the fiscal years 1996, 1997, 1998, 1999, and 
2000.
    ``(c) Convention Implementation.--In addition to amounts authorized 
under subsections (a) and (b), there are authorized to be appropriated 
to the Department of the Interior for purposes of carrying out section 
8A(e) $500,000 for each of the fiscal years 1996, 1997, 1998, 1999, and 
2000, which shall remain available until expended.''.

SEC. 3. REQUIRED CONTENTS OF PETITIONS.

    Section 4(b)(3)(A) (16 U.S.C. 1533(b)(3)(A)) is amended--
            (1) by inserting ``(i)'' after ``(3)(A)''; and
            (2) by striking all after the first sentence and inserting 
        the following:
    ``(ii) A petition referred to in clause (i) for a species shall 
contain the following information, based on the best scientific and 
commercial information available:
            ``(I) The current known range of the species.
            ``(II) The most recent population estimates and trends, if 
        available.
            ``(III) The reason that the petitioned action is warranted, 
        based on the factors established under subsection (a).
            ``(IV) A bibliography of recent peer-reviewed scientific 
        literature on the species, if any.
            ``(V) Any other information that the petitioner considers 
        appropriate.
            ``(VI) Information on habitat occupied by the species and 
        any additional habitat needed by the species.
    ``(iii) If the Secretary finds that such a petition contains such 
information, the Secretary shall--
            ``(I) provide the petition to each affected State and 
        request comments on whether the petitioned action is warranted;
            ``(II) promptly commence a review of any new information 
        presented by the petition; and
            ``(III) promptly publish each finding made under this 
        subparagraph in the Federal Register.'';

SEC. 4. RECOVERY PLANNING.

    The Endangered Species Act of 1973 is amended--
            (1) by striking section 4(f) (16 U.S.C. 1533(f)); and
            (2) by amending section 13 to read as follows:

                            ``recovery plans

    ``Sec. 13. (a) Requirement To Develop Standards.--(1) The Secretary 
shall, in cooperation with appropriate State agencies, and on the basis 
of the best scientific and commercial data available, develop overall 
standards for the development and implementation of a plan (in this 
section referred to as a `recovery plan') for the conservation and 
recovery of each species listed pursuant to section 4 and the habitats 
upon which such species depends.
    ``(2) The Secretary shall, in cooperation with appropriate State 
agencies, and on the basis of the best scientific and commercial data 
available, develop and implement a recovery plan for the conservation 
and recovery of each species listed pursuant to section 4 and the 
habitats on which such species depends, unless the Secretary finds that 
such a plan will not promote the conservation of the species.
    ``(3) The Secretary, shall, consistent with paragraph (1), seek to 
minimize and fairly distribute adverse social and economic consequences 
that may result from implementation of recovery plans.
    ``(4) The Secretary shall--
            ``(A) issue a draft recovery plan for a species by not 
        later than 18 months after the date the species is first listed 
        pursuant to section 4; and
            ``(B) issue a final recovery plan for a species by not 
        later than 30 months after the date the species is first listed 
        pursuant to section 4.
    ``(5) The Secretary shall seek to coordinate the development and 
implementation of any recovery plan under this section with the 
development and implementation of agreements for the plan under 
subsection (f).
    ``(6) The Secretary shall, prior to final approval of a recovery 
plan--
            ``(A) provide public notice and a 60-day period for public 
        review and comment on the plan; and
            ``(B) consider all information presented during the public 
        comment period.
    ``(7) Each Federal agency shall, before issuing a final recovery 
plan, consider all information presented during the public comment 
period for the plan under paragraph (6).
    ``(b) Delegation of Authority and Development by State Agency.--(1) 
At the request of the governor of a State, the Secretary, subject to 
paragraph (2), shall delegate to the State agency of the State the 
authority to develop and implement recovery plans in accordance with 
this section for species in the State, if--
            ``(A) the State has entered into a cooperative agreement 
        with the Secretary pursuant to section 6(c), and
            ``(B) the State agency has the necessary authority and 
        capability to develop and implement recovery plans.
    ``(2) If the Secretary determines that a State agency does not have 
the authority and capability required by paragraph (1)(B), the 
Secretary shall--
            ``(A) notify the State agency of the specific concerns of 
        the Secretary and of any measures that would address those 
        concerns, and
            ``(B) provide the State agency an opportunity to take 
        necessary action to address those concerns.
    ``(3)(A) The Secretary shall monitor whether each State agency 
which has been delegated authority under this subsection coordinates 
its activities with respect to a species with other States in which the 
species is believed to occur.
    ``(B) If the Secretary determines that a proposed recovery plan 
developed for a species by a State agency pursuant to this subsection 
is inconsistent or not complementary with any recovery plan developed 
for the species by the State agency of another State, the Secretary may 
reassume authority delegated to the State agency after notifying the 
State agency and providing an adequate opportunity for the affected 
States to take corrective action.
    ``(4)(A) A recovery plan developed by a State agency pursuant to 
this subsection shall not take effect unless approved by the Secretary 
as meeting the requirements of this section.
    ``(B) The Secretary shall approve or disapprove a recovery plan 
developed by a State agency before the end of the 60-day period 
beginning on the date the State agency submits a final proposed 
recovery plan.
    ``(C) The Secretary shall approve a final proposed recovery plan 
submitted by a State agency unless the Secretary determines that the 
plan does not meet the requirements of this section.
    ``(5) The Secretary, in cooperation with the States, shall develop 
standards and guidelines for delegations of authority to State agencies 
under this subsection.
    ``(c) Development by Joint Federal-State Panels.--(1) In lieu of 
the development of a recovery plan for a species by a State agency 
under authority delegated under subsection (b), the Secretary shall 
provide for the development of a recovery plan for the species under 
this subsection by a panel established in accordance with this 
subsection if the Secretary--
            ``(A) reassumes the delegated authority under subsection 
        (b)(3)(B); or
            ``(B) before the end of the period referred to in 
        subsection (b)(4)(B), does not approve a final proposed 
        recovery plan for the species submitted by the State agency.
    ``(2)(A) Except as provided in subparagraph (B), each panel 
established under this subsection shall consist of the following 
members:
            ``(i) One individual appointed by the Secretary, in 
        consultation with the Governor of the State, from a list of 3 
        nominees submitted by the President of the National Academy of 
        Sciences.
            ``(ii) 2 individuals appointed by the State agency.
            ``(iii) 2 individuals appointed by the Secretary.
    ``(B) In the case of a recovery plan developed under this 
subsection because the Secretary reassumes authority from, or does not 
approve a final proposed recovery plan submitted by, more than one 
State agency with respect to the same species, a panel established 
under this paragraph shall consist of the following members:
            ``(i) One individual appointed by the Secretary, in 
        consultation with the Governor of the State, from a list of 3 
        nominees submitted by the President of the National Academy of 
        Sciences.
            ``(ii) One individual appointed by each State agency.
            ``(iii) A number of individuals appointed by the Secretary, 
        equal to the total number of individuals appointed under clause 
        (ii).
    ``(3) The members of each panel established under this subsection 
shall be appointed from among individuals who--
            ``(A) through publication of peer-reviewed scientific 
        literature or other means, have demonstrated relevant 
        scientific expertise on the species for which the panel is 
        established or a similar species; and
            ``(B) to the maximum extent practicable--
                    ``(i) do not have, and do not represent anyone 
                with, a significant economic interest in the activities 
                of the panel; and
                    ``(ii) are not employed by, under contract with, or 
                seeking or in receipt of a grant from, the Department 
                of the Interior.
    ``(4) The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to any panel established under this subsection.
    ``(5) A panel shall issue a recovery plan under this subsection by 
not later than 90 days after the completion of appointment of the 
membership of the panel.
    ``(d) Priorities in Developing and Implementing Recovery Plans.--In 
implementing this section, the Secretary shall give priority to--
            ``(1) the development and implementation of integrated, 
        multispecies recovery plans for the conservation of threatened 
        species, endangered species, or species which the Secretary has 
        identified as candidates for listing under section 4 that are 
        dependent upon a common ecosystem; and
            ``(2) endangered species or threatened species, without 
        regard to taxonomic classification, that--
                    ``(A) are most likely to benefit from recovery 
                plans,
                    ``(B) the Secretary has determined present the 
                greatest potential for recovery in a timely manner,
                    ``(C) have a potentially large economic impact,
                    ``(D) are close to extinction, or that
                    ``(E) serve a critical ecological function.
    ``(e) Contents.--(1) Each recovery plan for a species shall, to the 
maximum extent practicable, incorporate the following:
            ``(A) Objective, measurable criteria and recovery 
        objectives, based on the best scientific and commercial data 
        available, which if met would result in a determination that 
        the species should be removed from the list published under 
        section 4 or changed in status.
            ``(B) A description of such site-specific management 
        actions as may be necessary to achieve the goal of the recovery 
        plan for the conservation and survival of the species, which 
        shall--
                    ``(i) to the extent possible, include a range of 
                options;
                    ``(ii) include actions to maintain or restore 
                ecosystems upon which the species is dependent; and
                    ``(iii) consider the overall health of the habitat 
                of the species, impacts on species diversity, and other 
                relevant factors to ensure sustainability of the entire 
                habitat of the species.
            ``(C) Estimates of the time required and cost to carry out 
        those measures needed to achieve the goals of the recovery plan 
        and to achieve intermediate steps towards that goal.
            ``(D) A description of the actions that will be taken to 
        minimize and fairly distribute adverse social or economic 
        impacts that may result from implementation of the recovery 
        plan.
            ``(E) A designation of the critical habitat of the covered 
        species to the maximum extent prudent and determinable, if such 
        designation would contribute to the conservation of the 
        species.
            ``(F) Strategies that utilize existing Federal lands, to 
        the extent that such lands are available, to promote the 
        conservation and recovery of the species.
            ``(G) An identification of measures taken by all parties 
        which would contribute to the conservation of the species.
            ``(H) An identification of any specific areas or 
        circumstances in which the development and implementation of 
        conservation plans under section 10(a)(2) would contribute to 
        or be consistent with the conservation of the species.
            ``(I) An identification of any specific activities and 
        geographic areas which should be exempt from any prohibition in 
        section 9 related to the take of a species.
            ``(J) An identification of any opportunities for entering 
        into voluntary conservation agreements with private landowners 
        that would promote the conservation of the species.
            ``(K) An identification of opportunities to cooperate with 
        municipalities, political subdivisions of States, and other 
        persons in actions which would contribute to the conservation 
        of the species, including the development of implementation 
        agreements.
            ``(L) An identification of situations in which regulated 
        takes of the species would promote the conservation of the 
        species.
            ``(M) A clear identification of prohibited acts under 
        section 9(a) with respect to the species and criteria for 
        distinguishing between low-impact and high-impact Federal 
        projects with respect to the species.
    ``(2) A recovery plan may include model conservation plans which 
may be used pursuant to section 10(a)(2) in furtherance of the plan.
    ``(f) Implementation Agreements.--(1) Each appropriate Federal 
agency may enter into one or more implementation agreements with 
appropriate State agencies which specify measures to be undertaken by 
the parties to the agreement for implementation of a recovery plan that 
applies to the agency. Upon approval of the implementation agreement by 
the parties to the agreement and by the Secretary, the agreement shall 
be incorporated into the recovery plan.
    ``(2) The Secretary shall review each implementation agreement and 
approve the agreement if it is consistent with the requirements of this 
Act.
    ``(3) Each implementation agreement shall be reviewed and revised 
as necessary on a regular basis by the parties to the agreement.
    ``(4) Each party to an implementation agreement shall ensure that 
its actions are consistent with the terms of the agreement.
    ``(5) The Secretary shall give expedited review under section 7(a) 
to Federal agency actions, plans, and projects which are consistent 
with a recovery plan and related implementation agreements under this 
subsection. Within one year after the date of the enactment of the 
Endangered Species Habitat Conservation Act of 1995, the Secretary, in 
cooperation with the States, shall propose measures to implement such 
expedited process.
    ``(g) Review of Approved State Recovery Plans.--Each recovery plan 
developed and implemented by a State agency pursuant to subsection (b) 
shall be reviewed by the Secretary at least every 3 years, in 
consultation with affected States. If the Secretary finds in such a 
review that the recovery standards under the plan are not being 
satisfied, the Secretary shall notify the State of that finding. Not 
later than 1 year after the date of that notification the Secretary 
shall again review whether the recovery criteria are being satisfied. 
If the Secretary finds that the recovery criteria are not being 
satisfied the Secretary shall take such appropriate steps as may be 
necessary to promote the conservation of species that are covered 
species under the plan.
    ``(h) Public Outreach.--(1) The Secretary, in developing and 
implementing recovery plans, may procure the services of the 
appropriate public and private agencies and institutions and other 
qualified persons.
    ``(2) The Secretary shall, in cooperation with the States, solicit 
the participation of relevant Federal agencies and appropriate persons 
to identify matters under subparagraphs (E) through (M) of subsection 
(e)(1).
    ``(i) Coordination With Other Requirements.--(1) Within their 
authorities, Federal agencies shall integrate recovery plans into their 
land management programs.
    ``(2) The requirements of section 102 of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332) shall not apply to development and 
implementation of a recovery plan if the planning process--
            ``(A) includes an opportunity for public review and 
        comment; and
            ``(B) public comments received are considered in the 
        development of the final recovery plan.
    ``(j) Existing Recovery Plans.--(1) Each recovery plan developed 
under section 4(f) before the date of the enactment of the Endangered 
Species Habitat Conservation Act of 1995 shall continue in effect until 
revised by the Secretary in accordance with this section.
    ``(2) The Secretary shall revise each recovery plan developed 
before the date of enactment of the Endangered Species Habitat 
Conservation Act of 1995 under section 4(f), as in effect before that 
date of enactment, as necessary for the plan to comply with this 
section. In implementing this paragraph the Secretary shall give 
priority to recovery plans the revision of which would provide the 
greatest benefit to species listed under section 4 and species which 
the Secretary has identified as candidates for listing under section 
4.''.

SEC. 5. PEER REVIEW.

    Section 14 of the Endangered Species Act of 1973 is amended to read 
as follows:

                       ``peer review requirements

    ``Sec. 14. (a) In General.--(1) If in the public comment period 
prior to making any covered determination for a species the Secretary 
is requested to do so by any interested person because of a legitimate 
scientific concern, the Secretary shall request the views of 3 referees 
who--
            ``(A) through publication of peer-reviewed scientific 
        literature or other means, have demonstrated relevant 
        scientific expertise on that species or similar species;
            ``(B) are selected by the Secretary in consultation with 
        the National Academy of Sciences; and
            ``(C) to the maximum extent practicable--
                    ``(i) do not have, and do not represent anyone 
                with, a significant economic interest in the 
                determination; and
                    ``(ii) are not employed by, under contract with, or 
                seeking or in receipt of a grant from, the Department 
                of the Interior.
    ``(2) To the maximum extent practicable, the Secretary shall seek 
to receive views required under paragraph (1) within 30 days after the 
Secretary requests the views.
    ``(3) A summary of views received by the Secretary pursuant to 
paragraph (1) shall be made available by the Secretary--
            ``(A) to each affected State, and
            ``(B) to any interested person upon request.
    ``(4) In this subsection, the term `legitimate scientific concern' 
means objective scientific information that indicates there is a 
reasonable dispute about the proposed covered determination.
    ``(b) Basis for Covered Determinations.--The Secretary shall base a 
covered determination on the views received by the Secretary pursuant 
to subsection (a)(1) and the preponderance of scientific data.
    ``(c) Covered Determination Defined.--in this section, the term 
`covered determination' means a determination under section 4(a).''.

SEC. 6. DEFINITION OF BEST SCIENTIFIC AND COMMERCIAL DATA AVAILABLE.

    Section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is 
amended by adding at the end the following new paragraph:
            ``(22) The term `best scientific and commercial data 
        available' means factual information, including but not limited 
        to peer reviewed scientific information obtainable from any 
        source, including governmental and nongovernmental sources, 
        which has been to the maximum extent feasible verified by field 
        testing.''.
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HR 2444 IH----2