[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5594 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5594

   To amend the Endangered Species Act of 1973 to exempt the Woodrow 
Wilson Bridge project from certain provisions of that Act and allow the 
bridge and activities elsewhere to proceed in compliance with that Act, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 27, 2000

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

_______________________________________________________________________

                                 A BILL


 
   To amend the Endangered Species Act of 1973 to exempt the Woodrow 
Wilson Bridge project from certain provisions of that Act and allow the 
bridge and activities elsewhere to proceed in compliance with that Act, 
                        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 ``Endangered Species Act Amendments of 
2000''.

SEC. 2. CLARIFICATION OF TAKE DEFINITION.

    Section 3(19) of the Endangered Species Act of 1973 (16 U.S.C. 
1532(19)) is amended to read as follows:
            ``(19)(A) The term `take' means to harm, pursue, hunt, 
        shoot, wound, kill, trap, capture, or collect, or to attempt to 
        engage in that conduct.
            ``(B) In subparagraph (A), the term `harm' means an action 
        that proximately and foreseeably kills or physically injures an 
        identifiable member of an endangered species.''.

SEC. 3. ENSURING PUBLIC SAFETY, EXEMPTING THE WOODROW WILSON BRIDGE, 
              AND TARGETING REGULATORY AUTHORITY.

    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) Actions exempt from consultation and conferencing.--
        Consultation and conferencing under paragraphs (2) and (4) is 
        not required for any agency action that--
                    ``(A) is consistent with an incidental taking 
                permit issued under section 10(a)(1)(B);
                    ``(B) addresses a critical, imminent threat to 
                public health or safety or a catastrophic natural event 
                or compliance with Federal, State, or local safety or 
                public health requirements;
                    ``(C) consists of routine operation, maintenance, 
                rehabilitation, repair, or replacement to a Federal or 
                non-Federal project or facility, including--
                            ``(i) the Woodrow Wilson Bridge project in 
                        Maryland and Virginia; and
                            ``(ii) operation of a project or facility 
                        in accordance with a previously issued Federal 
                        license, permit, or other authorization; or
                    ``(D) permits activities that occur on private 
                land.
            ``(6) Actions not prohibited.--An agency action shall not 
        constitute a taking of a species prohibited by this Act or any 
        regulation issued under this Act if the action is consistent 
        with--
                    ``(A) an incidental taking permit issued under 
                section 10(b)(1)(A); or
                    ``(B) the terms and conditions specified in a 
                written statement provided under subsection (b)(3) of 
                this section.''.

SEC. 4. STANDARDS FOR RENDERING TAXONOMIC DETERMINATIONS OF SPECIES AND 
              SUBSPECIES.

    Section 4(b)(1) (15 U.S.C. 1533(b)(1)) is amended by adding at the 
end the following:
    ``(C) Within 18 months after the date of the enactment of the 
Endangered Species Act Amendments of 2000, the Secretary shall 
promulgate scientifically valid standards for rendering taxonomic 
determinations of species and subspecies. The standards shall provide 
that to be eligible for determination as a subspecies under this Act, a 
subspecies must be reproductively isolated from other subspecific 
population units and must constitute a distinct component in the 
genetic makeup of the species.''.

SEC. 5. COMPENSATION FOR FEDERAL TAKINGS OF PRIVATE PROPERTY.

    (a) In General.--Section 13 of the Endangered Species Act of 1973 
(87 Stat. 902) is amended to read as follows:

                        ``right to compensation

    ``Sec. 13. (a) Prohibition.--No agency may take an action under 
this Act affecting privately owned property that results in the 
diminishment of the value of any portion of that property by an amount 
equal to or greater than 25 percent of the value of that portion unless 
compensation is offered in accordance with this section.
    ``(b) Compensation for Diminishment.--Any agency that takes an 
action referred to in subsection (a)--
            ``(1) shall compensate the property owner for the 
        diminution in value of any portion of that property resulting 
        from the action; or
            ``(2) at the option of the owner, shall buy that portion of 
        the property by paying the fair market value of the portion, 
        determined based on the value of the property before the 
        diminution and without regard to the presence on the property 
        of a species listed under section 4(c), or the use of the 
        property by such a species.
    ``(c) Request of Owner.--A property owner seeking compensation 
under this section shall make a written request for compensation to the 
agency whose action would limit the otherwise lawful use of property. 
The request shall, at a minimum, identify the affected portion of the 
property, the nature of the diminution, and the amount of compensation 
claimed.
    ``(d) Choice of Remedies.--If the parties have not reached an 
agreement on compensation within 180 days after the written request is 
made, the owner may elect binding arbitration through alternative 
dispute resolution or seek compensation due under this section in a 
civil action. The parties may by mutual agreement extend the period of 
negotiation on compensation beyond the 180-day period without loss of 
remedy to the owner under this section. In the event the extension 
period lapses the owner may elect binding arbitration through 
alternative dispute resolution or seek compensation due under this 
section in a civil action.
    ``(e) Alternative Dispute Resolution.--
            ``(1) In general.--In the administration of this section--
                    ``(A) arbitration procedures shall be in accordance 
                with the alternative dispute resolution procedures 
                established by the American Arbitration Association; 
                and
                    ``(B) in no event shall arbitration be a condition 
                precedent or an administrative procedure to be 
                exhausted before the filing of a civil action under 
                this section.
            ``(2) Review of arbitration.--
                    ``(A) Appeal of decision.--Appeal from arbitration 
                decisions shall be to the United States District Court 
                for the district in which the property is located or 
                the United States Court of Federal Claims in the manner 
                prescribed by law for the claim under this section.
                    ``(B) Rules of enforcement of award.--The 
                provisions of title 9, United States Code (relating to 
                arbitration), shall apply to enforcement of awards 
                rendered under this section.
    ``(f) Civil Action.--An owner who prevails in a civil action 
against any agency pursuant to this section shall be entitled to, and 
such agency shall be liable for, just compensation, plus reasonable 
attorney's fees and other litigation costs, including appraisal fees.
    ``(g) Source of Payments.--Any payment made under this section 
shall be paid from the responsible agency's annual appropriation 
supporting the agency's activities giving rise to the claim for 
compensation. If insufficient funds are available to the agency in the 
fiscal year in which the award becomes final the agency shall pay the 
award from appropriations available in the next fiscal year.
    ``(h) Definitions.--For the purposes of this section--
            ``(1) the term `agency' has the meaning given that term in 
        section 551 of title 5, United States Code;
            ``(2) the term `agency action' means any action or decision 
        taken by any agency that at the time of such action or decision 
        adversely affects private property rights;
            ``(3) the term `fair market value' means the likely price 
        at which property would change hands, in a competitive and open 
        market under all conditions requisite to fair sale, between a 
        willing buyer and willing seller, neither being under any 
        compulsion to buy or sell and both having reasonable knowledge 
        of relevant facts, prior to occurrence of the agency action;
            ``(4) the term `just compensation'--
                    ``(A) means compensation equal to the full extent 
                of a property owner's loss, including the fair market 
                value of the private property taken, whether the taking 
                is by physical occupation or through regulation, 
                exaction, or other means; and
                    ``(B) shall include compounded interest calculated 
                from the date of the taking until the date the United 
                States tenders payment;
            ``(5) the term `owner' means the owner or possessor of 
        property or rights in property at the time the taking occurs, 
        including when--
                    ``(A) the statute, regulation, rule, order, 
                guideline, policy, or action is passed or promulgated; 
                or
                    ``(B) the permit, license, authorization, or 
                governmental permission is denied or suspended;
            ``(6) the term `property' means land, an interest in land, 
        proprietary water rights, and any personal property that is 
        subject to use by the Federal Government or to a restriction on 
        use;
            ``(7) the term `private property' or `property' means all 
        interests constituting real property, as defined by Federal or 
        State law, protected under the fifth amendment to the United 
        States Constitution, any applicable Federal or State law, or 
        this section, and more specifically constituting--
                    ``(A) real property, whether vested or unvested, 
                including--
                            ``(i) estates in fee, life estates, estates 
                        for years, or otherwise;
                            ``(ii) inchoate interests in real property 
                        such as remainders and future interests;
                            ``(iii) personalty that is affixed to or 
                        appurtenant to real property;
                            ``(iv) easements;
                            ``(v) leaseholds;
                            ``(vi) recorded liens; and
                            ``(vii) contracts or other security 
                        interests in, or related to, real property;
                    ``(B) the right to use water or the right to 
                receive water, including any recorded liens on such 
                water right; or
                    ``(C) rents, issues, and profits of land, including 
                minerals, timber, fodder, crops, oil and gas, coal, or 
                geothermal energy.''.
    (b) Conforming Amendment.--The table of contents at the end of the 
first section is amended by striking the item relating to section 13 
and inserting the following:

``Sec. 13. Right to compensation.''.
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