[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5709 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5709

To amend the Endangered Species Act of 1973 to limit the application of 
 that Act with respect to actions on military land or private land and 
                        with respect to plants.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 12, 2002

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

_______________________________________________________________________

                                 A BILL


 
To amend the Endangered Species Act of 1973 to limit the application of 
 that Act with respect to actions on military land or private land and 
                        with respect to plants.

    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 ``Life, Liberty, and Property 
Protection Act''.

SEC. 2. LIMITATION ON APPLICATION OF CONSULTATION REQUIREMENTS WITH 
              RESPECT TO ACTION ON MILITARY LAND OR PRIVATE LAND.

    Section 7(a) of the Endangered Species Act of 1973 (16 U.S.C. 1536) 
is amended by adding at the end the following:
    ``(3) This section does not apply with respect to an agency action 
that--
            ``(A) is authorized, funded, or carried out by the 
        Department of Defense and that occurs on land that is under the 
        administrative jurisdiction of the Department of Defense; or
            ``(B) occurs on land that is privately owned.''.

SEC. 3. LIMITATION ON APPLICATION OF TAKING PROHIBITION WITH RESPECT TO 
              ACTION ON MILITARY LAND OR PRIVATE LAND.

    Section 9(a) of the Endangered Species Act of 1973 (16 U.S.C. 
1538(a)) is amended--
            (1) in paragraph (1) in the matter preceding subparagraph 
        (A) by inserting ``paragraph (3) of this subsection or in'' 
        after ``Except as provided in''; and
            (2) by adding at the end the following:
    ``(3) Paragraph (1)(B) does not prohibit any act or omission that 
occurs on land that is under the administrative jurisdiction of the 
Department of Defense or on land that is privately owned.''.

SEC. 4. TREATMENT OF PLANTS.

    (a) Limitation on Application of Consultation Requirement.--Section 
7(a) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)) is 
further amended by adding at the end the following:
    ``(4) This section does not apply with respect to any plant 
species.''.
    (b) Repeal of Prohibition on Takings.--Section 9(a) of the 
Endangered Species Act of 1973 (16 U.S.C. 1538(a)) is further amended--
            (1) in the matter preceding subparagraph (A) (as amended by 
        section 3(1) of this Act), by striking ``paragraph (3)'' and 
        inserting ``paragraph (2)''; and
            (2) by striking paragraph (2) and redesignating paragraph 
        (3) (as added by section 3(2) of this Act) as paragraph (2).
                                 <all>