[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 455 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 455

To clarify the procedures for consultation under the Endangered Species 
Act on management plans for, and specific activities on, Federal lands, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            February 16 (legislative day, January 30), 1995

  Mr. Kempthorne (for himself and Mr. Craig) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
To clarify the procedures for consultation under the Endangered Species 
Act on management plans for, and specific activities on, Federal lands, 
                        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 referred to as the ``Consultation Clarification 
Act''.

SEC. 2. CLARIFICATION.

    Notwithstanding any other provision of law, whenever the listing of 
a species, or other procedure or decision related to a species listed 
under section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(c)(1)), requires consultation under section 7 of such Act (16 
U.S.C. 1536) on a resource management plan, or an amendment thereto or 
revision thereof, prepared pursuant to 43 U.S.C. 1712 or 16 U.S.C. 
1604, any action as defined in subsection (a)(2) of such section 7 
which is consistent with such plan may be undertaken on such lands 
prior to the completion of such consultation if, pursuant to the 
consultation procedures of such section 7, and related regulations, the 
land management agency responsible for such action determines or has 
determined that such action--
            (1) is not likely to affect such species; or
            (2) is not likely to adversely affect such species, and the 
        Secretary of the Interior or Secretary of Commerce, as 
        appropriate, concurs; or
            (3) is likely to adversely affect such species, and the 
        appropriate Secretary issues a biological opinion on such 
        action which finds that the action either (i) is not likely to 
        jeopardize such species or result in destruction or adverse 
        modification of its critical habitat, or (ii) is unlikely to 
        jeopardize such species or result in destruction or adverse 
        modification of its critical habitat and the land management 
        agency agrees to a reasonable and prudent alternative to such 
        action.
                                 <all>