[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2409 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2409

To amend the Endangered Species Act of 1973 to vest in the Secretary of 
 the Interior functions under that Act with respect to species of fish 
 that spawn in fresh or estuarine waters and migrate to ocean waters, 
  and species of fish that spawn in ocean waters and migrate to fresh 
                                waters.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2001

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

_______________________________________________________________________

                                 A BILL


 
To amend the Endangered Species Act of 1973 to vest in the Secretary of 
 the Interior functions under that Act with respect to species of fish 
 that spawn in fresh or estuarine waters and migrate to ocean waters, 
  and species of fish that spawn in ocean waters and migrate to fresh 
                                waters.

    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 Consolidation Act 
of 2001''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The National Marine Fisheries Service was created in 
        the Department of Commerce under Reorganization Plan Number 4 
        of 1970 (15 U.S.C. 1511 note). Before creation of the Service, 
        the programs that are administered by the Service were 
        administered by the Bureau of Commercial Fisheries within the 
        United States Fish and Wildlife Service in the Department of 
        Interior.
            (2) The Endangered Species Act of 1973 (16 U.S.C. 1531 et. 
        seq.) currently delegates authority to both the Secretary of 
        the Interior and the Secretary of Commerce to conduct 
        activities related to the listing and recovery of threatened 
        species and endangered species.
            (3) The National Marine Fisheries Service is responsible 
        for the recovery of 33 species of marine mammals and fish, 
        while the United States Fish and Wildlife Service has 
        jurisdiction over 1,800 species of plants, mammals, birds, and 
        fish, including several species that have been co-listed and 
        managed by both the National Marine Fisheries Service and the 
        United States Fish and Wildlife Service.
            (4) In order to better coordinate Federal agency functions 
        relating to the listing and recovery of threatened species and 
        endangered species, eliminate duplication of efforts in the 
        performance of those functions, and ensure that the maximum 
        amount of resources are focused on the objectives of the 
        Endangered Species Act 1973, one Federal agency should be given 
        exclusive responsibility for those functions with respect to 
        anadromous species and catadromous species.

SEC. 3. TRANSFER OF FUNCTIONS WITH RESPECT TO ANADROMOUS SPECIES AND 
              CATADROMOUS SPECIES.

    (a) Transfer of Functions.--All functions with respect to 
anadromous species and catadromous species under the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.) that were vested in the Secretary 
of Commerce or the National Marine Fisheries Service immediately before 
the enactment of this Act are transferred to the Secretary of the 
Interior.
    (b) Conforming Amendments.--The Endangered Species Act of 1973 is 
amended--
            (1) in section 3(15) (16 U.S.C. 1532(15))--
                    (A) by inserting ``(A)'' after ``(15)''; and
                    (B) by adding at the end the following:
    ``(B) Notwithstanding subparagraph (A), with respect to anadromous 
species and catadromous species, the term `Secretary' means the 
Secretary of the Interior.''; and
            (2) in section 3 (16 U.S.C. 1532) by adding at the end the 
        following:
    ``(22) The term `anadromous species' means a species of fish that 
spawn in fresh or estuarine waters and that migrate to ocean waters.
    ``(23) The term `catadromous species' means a species of fish that 
spawn in ocean waters and migrate to fresh waters.''.

SEC. 4. MISCELLANEOUS PROVISIONS.

    (a) References.--Any reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or pertaining to a department or office from which a function is 
transferred by this Act--
            (1) to the head of such department or office is deemed to 
        refer to the Secretary of the Interior; or
            (2) to such department or office is deemed to refer to the 
        Department of the Interior.
    (b) Exercise of Authorities.--Except as otherwise provided by law, 
the Secretary of the Interior may, for purposes of performing the 
functions transferred by this Act, exercise all authorities under the 
Endangered Species Act of 1973 that were available with respect to the 
performance of that function immediately before the effective date of 
the transfer of the function under this Act.
    (c) Savings Provisions.--
            (1) Legal documents.--All orders, determinations, rules, 
        regulations, permits, grants, loans, contracts, agreements, 
        certificates, licenses, and privileges--
                    (A) that have been issued, made, granted, or 
                allowed to become effective by the Secretary of 
                Commerce, any officer or employee of the Department of 
                Commerce, or any other Government official in the 
                performance of any function that is transferred by this 
                Act, or by a court of competent jurisdiction with 
                respect to such performance, and
                    (B) that are in effect on the effective date of 
                this Act (or become effective after such date pursuant 
                to their terms as in effect on such effective date),
        shall continue in effect according to their terms until 
        modified, terminated, superseded, set aside, or revoked in 
        accordance with law by the President, any other authorized 
        official, a court of competent jurisdiction, or operation of 
        law.
            (2) Proceedings.--
                    (A) In general.--This Act shall not affect any 
                proceedings or any application for any benefits, 
                service, license, permit, certificate, or financial 
                assistance pending on the date of the enactment of this 
                Act before an office transferred by this Act. Such 
                proceedings and applications shall be continued. Orders 
                shall be issued in such proceedings, appeals shall be 
                taken therefrom, and payments shall be made pursuant to 
                such orders, as if this Act had not been enacted, and 
                orders issued in any such proceeding shall continue in 
                effect until modified, terminated, superseded, or 
                revoked by a duly authorized official, by a court of 
                competent jurisdiction, or by operation of law.
                    (B) Limitation.--Nothing in this paragraph shall be 
                considered to prohibit the discontinuance or 
                modification of any such proceeding under the same 
                terms and conditions and to the same extent that such 
                proceeding could have been discontinued or modified if 
                this Act had not been enacted.
            (3) Suits.--This Act shall not affect suits commenced 
        before the date of the enactment of this Act, and in all such 
        suits, proceeding shall be had, appeals taken, and judgments 
        rendered in the same manner and with the same effect as if this 
        Act had not been enacted.
            (4) Nonabatement of actions.--No suit, action, or other 
        proceeding commenced by or against the Department of Commerce 
        or the Secretary of Commerce, or by or against any individual 
        in the official capacity of such individual as an officer or 
        employee of the Department of Commerce, shall abate by reason 
        of the enactment of this Act.
            (5) Continuance of suits.--If any Government officer in the 
        official capacity of such officer is party to a suit with 
        respect to a function of the officer, and under this Act such 
        function is transferred to any other officer or office, then 
        such suit shall be continued with the other officer or the head 
        of such other office, as applicable, substituted or added as a 
        party.
            (6) Administrative procedure and judicial review.--Except 
        as otherwise provided by this Act, any statutory requirements 
        relating to notice, hearings, action upon the record, or 
        administrative or judicial review that apply to any function 
        transferred by this Act shall apply to the exercise of such 
        function by the head of the Federal agency, and other officers 
        of the agency, to which such function is transferred by this 
        Act.

SEC. 5. DEFINITIONS.

    For purposes of this Act:
            (1) Anadromous species and catadromous species.--Each of 
        the terms ``anadromous species'' and ``catadromous species'' 
        has the meaning that term has under section 3 of the Endangered 
        Species Act of 1973, as amended by section 3 of this Act.
            (2) Function.--The term ``function'' includes any duty, 
        obligation, power, authority, responsibility, right, privilege, 
        activity, or program.
            (3) Office.--The term `office' includes any office, 
        administration, agency, bureau, institute, council, unit, 
        organizational entity, or component thereof.
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