[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 490 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 490

      To amend the Endangered Species Act of 1973 to ensure that 
 constitutionally protected private property rights are not infringed 
until adequate protection is afforded by reauthorization of the Act, to 
   protect against and compensate for economic losses from critical 
              habitat designation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 11, 1995

Mr. Smith of Texas introduced the following bill; which was referred to 
                       the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
      To amend the Endangered Species Act of 1973 to ensure that 
 constitutionally protected private property rights are not infringed 
until adequate protection is afforded by reauthorization of the Act, to 
   protect against and compensate for economic losses from critical 
              habitat designation, 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 ``Farm, Ranch, and Homestead 
Protection Act of 1995''.

SEC. 2. MORATORIUM ON DETERMINATION OF ENDANGERED SPECIES AND 
              THREATENED SPECIES AND DESIGNATION OF CRITICAL HABITAT.

    Section 4(a) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(a)) is amended by adding at the end the following:
            ``(4) Moratorium.--Notwithstanding paragraphs (1) and (3), 
        during the period beginning on the date of enactment of this 
        paragraph and ending on the effective date of the first 
        subsequent reauthorization of this Act, the Secretary may not--
                    ``(A) determine that a species is an endangered 
                species or a threatened species under paragraph (1); or
                    ``(B) designate habitat of a species to be critical 
                habitat under paragraph (3).''.

SEC. 3. COMPENSATION OF LANDOWNERS FOR DESIGNATION OF CRITICAL HABITAT.

    Section 4(a) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(a)) (as amended by section 2) is further amended by adding at the 
end the following:
            ``(5) Compensation.--If the Secretary designates habitat of 
        a species to be critical habitat under paragraph (3) and if the 
        habitat is located on property that is owned by a person or 
        entity other than the Federal Government, on request of the 
        person or entity, the Secretary shall compensate the person or 
        entity for any loss in market value of the land that results 
        from the designation.''.

SEC. 4. AGENCY ACTIONS.

    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:
            ``(5) Moratorium.--Notwithstanding paragraphs (1) through 
        (4), during the period beginning on the date of enactment of 
        this paragraph and ending on the effective date of the first 
        subsequent reauthorization of this Act, a Federal agency shall 
        not be required to comply with paragraphs (1) through (4).''.
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