[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 752 Reported in House (RH)]





                                                  Union Calendar No. 28

105th CONGRESS

  1st Session

                               H. R. 752

                          [Report No. 105-42]

_______________________________________________________________________

                                 A BILL

To amend the Endangered Species Act of 1973 to ensure that persons that 
suffer or are threatened with injury resulting from a violation of the 
  Act or a failure of the Secretary to act in accordance with the Act 
      have standing to commence a civil suit on their own behalf.

_______________________________________________________________________

                             March 21, 1997

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
                                                  Union Calendar No. 28
105th CONGRESS
  1st Session
                                H. R. 752

                          [Report No. 105-42]

To amend the Endangered Species Act of 1973 to ensure that persons that 
suffer or are threatened with injury resulting from a violation of the 
  Act or a failure of the Secretary to act in accordance with the Act 
      have standing to commence a civil suit on their own behalf.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 1997

Mrs. Chenoweth (for herself, Mr. Young of Alaska, Mr. Smith of Oregon, 
 Mr. Pombo, Mr. Doolittle, Mr. Radanovich, Mr. Crapo, Mr. Bartlett of 
Maryland, Mr. Tauzin, Mr. Riggs, Mr. Bono, Mr. Cunningham, Mr. Hansen, 
 Mr. Sam Johnson of Texas, Mr. Rohrabacher, Mr. Kolbe, Mr. Stump, Mr. 
Smith of Texas, Mr. Thornberry, Mr. McIntosh, Mr. Gibbons, Mr. Herger, 
 Mr. Barton of Texas, Mr. Bunning, Mr. Hostettler, Mr. Snowbarger, Mr. 
 Dickey, Mr. Burton of Indiana, Mr. Cannon, Mr. Istook, Mr. Aderholt, 
  Mr. Combest, Mr. Neumann, Mr. Hill, Mr. Solomon, Mr. Metcalf, Mrs. 
Cubin, Mr. Crane, Mr. Barr of Georgia, Mr. Cooksey, Mr. Ney, Mr. DeLay, 
Mr. Hunter, Mr. Peterson of Pennsylvania, Mr. Bonilla, and Mr. McKeon) 
 introduced the following bill; which was referred to the Committee on 
                               Resources

                             March 21, 1997

 Additional sponsors: Mr. Calvert, Mr. Lucas of Oklahoma, Mr. Shadegg, 
               Mr. Hastings of Washington, and Mr. Skeen

                             March 21, 1997

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To amend the Endangered Species Act of 1973 to ensure that persons that 
suffer or are threatened with injury resulting from a violation of the 
  Act or a failure of the Secretary to act in accordance with the Act 
      have standing to commence a civil suit on their own behalf.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Citizen's Fair Hearing Act 
of 1996''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    The Congress finds the following:</DELETED>
        <DELETED>    (1) The Endangered Species Act of 1973 grants 
        broad regulatory authority to various agencies to take actions 
        to protect, preserve, and recover species of plants and animals 
        determined to be in danger of extinction or threatened with 
        becoming so within the foreseeable future.</DELETED>
        <DELETED>    (2) Recently, private property owners and other 
        persons that have been adversely impacted by Federal agency 
        actions under the Endangered Species Act of 1973 have sought to 
        bring civil actions for judicial review of those agency 
        actions. The United States Circuit Court of Appeals for the 9th 
        Circuit has found that plaintiffs in those actions do not have 
        standing to bring the suits, because they do not fall into the 
        zone of interests protected by the Endangered Species Act of 
        1973.</DELETED>

<DELETED>SEC. 3. GIVING PERSONS WITH AFFECTED ECONOMIC INTERESTS EQUAL 
              STANDING TO SUE UNDER THE ENDANGERED SPECIES ACT OF 
              1973.</DELETED>

<DELETED>    Section 11(g)(1) of the Endangered Species Act of 1973 (16 
U.S.C. 1540(g)(1)) is amended by striking so much as precedes 
subparagraph (A) and inserting the following:</DELETED>
<DELETED>    ``(g) Citizen Suits.--(1) Except as provided in paragraph 
(2), any person that satisfies the requirements of the Constitution and 
demonstrates having suffered or being threatened with economic or other 
injury resulting from a violation of the Act or a failure of the 
Secretary to act in accordance with the Act is deemed to be within the 
zone of protected interests of this Act and shall have standing to 
commence a civil suit on his or her own behalf--''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Citizen's Fair Hearing Act of 
1997''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The Endangered Species Act of 1973 grants broad 
        regulatory authority to various agencies to take actions to 
        protect, preserve, and recover species of plants and animals 
        determined to be in danger of extinction or threatened with 
        becoming so within the foreseeable future.
            (2) Recently, private property owners and other persons 
        that have been adversely impacted by Federal agency actions 
        under the Endangered Species Act of 1973 have sought to bring 
        civil actions for judicial review of those agency actions. The 
        United States Circuit Court of Appeals for the 9th Circuit has 
        found that plaintiffs in those actions do not have standing to 
        bring the suits, because they do not fall into the zone of 
        interests protected by the Endangered Species Act of 1973.

SEC. 3. GIVING PERSONS WITH AFFECTED ECONOMIC INTERESTS EQUAL STANDING 
              TO SUE UNDER THE ENDANGERED SPECIES ACT OF 1973.

    Section 11(g)(1) of the Endangered Species Act of 1973 (16 U.S.C. 
1540(g)(1)) is amended by striking so much as precedes subparagraph (A) 
and inserting the following:
    ``(g) Citizen Suits.--(1) Except as provided in paragraph (2), any 
person that satisfies the requirements of the Constitution and 
demonstrates having suffered or being threatened with economic or other 
injury resulting from a violation of this Act or a failure of the 
Secretary to act in accordance with this Act is deemed to be within the 
zone of protected interests of this Act and shall have standing to 
commence a civil suit on his or her own behalf--''.