[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 478 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 478

 To amend the Endangered Species Act of 1973 to improve the ability of 
individuals and local, State, and Federal agencies to comply with that 
  Act in building, operating, maintaining, or repairing flood control 
                  projects, facilities, or structures.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 21, 1997

 Mr. Herger (for himself and Mr. Pombo) introduced the following bill; 
            which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Endangered Species Act of 1973 to improve the ability of 
individuals and local, State, and Federal agencies to comply with that 
  Act in building, operating, maintaining, or repairing flood control 
                  projects, facilities, or structures.

    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 ``Flood Prevention and Family 
Protection Act of 1997''.

SEC. 2. PURPOSE.

    The purpose of this Act is to improve the ability of individuals 
and local, State, and Federal agencies to comply with the Endangered 
Species Act of 1973 in building, operating, maintaining, or repairing 
flood control projects, facilities, or structures to address imminent 
threats to public health or safety or catastrophic natural events or to 
comply with Federal, State, or local public health or safety 
requirements.

SEC. 3. AMENDMENTS TO ENDANGERED SPECIES ACT OF 1973.

    (a) Actions Exempt From Consultation and Conferencing.--Section 
7(a) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)) is 
amended by adding at the end the following new paragraph:
    ``(5) Consultation and conferencing under paragraphs (2) and (4) is 
not required for any agency action that--
            ``(A) consists of building, operating, maintaining, or 
        repairing a Federal or non-Federal flood control project, 
        facility, or structure--
                    ``(i) to address a critical, imminent threat to 
                public health or safety;
                    ``(ii) to address a catastrophic natural event; or
                    ``(iii) to comply with Federal, State, or local 
                public health or safety requirements; or
            ``(B) consists of routine operation, maintenance, 
        rehabilitation, repair, or replacement of a Federal or non-
        Federal flood control project, facility, or structure, 
        including operation of a project or a facility in accordance 
        with a previously issued Federal license, permit, or other 
        authorization.''.
    (b) Permitting Takings.--Section 9(a) of such Act (16 U.S.C. 
1538(a)) is amended by adding at the end the following new paragraph:
    ``(3) For purposes of this subsection, an activity of a Federal or 
non-Federal person is not a taking of a species if the activity--
            ``(A) consists of building, operating, maintaining, or 
        repairing a Federal or non-Federal flood control project, 
        facility, or structure--
                    ``(i) to address a critical, imminent threat to 
                public health or safety;
                    ``(ii) to address a catastrophic natural event; or
                    ``(iii) to comply with Federal, State, or local 
                public health or safety requirements; or
            ``(B) consists of routine operation, maintenance, 
        rehabilitation, repair, or replacement of a Federal or non-
        Federal flood control project, facility, or structure, 
        including operation of a project or a facility in accordance 
        with a previously issued Federal license, permit, or other 
        authorization.''.
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