[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2604 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2604

  To amend the Endangered Species Act of 1973 to require the Federal 
   Government to assume all costs relating to implementation of and 
                       compliance with that Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 10, 2002

   Mr. Enzi introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To amend the Endangered Species Act of 1973 to require the Federal 
   Government to assume all costs relating to implementation of and 
                       compliance with that Act.

    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 Funding Act''.

SEC. 2. ENDANGERED SPECIES FUNDING.

    (a) Allocation of Funds.--
            (1) In general.--Section 6 of the Endangered Species Act of 
        1973 (16 U.S.C. 1535) is amended--
                    (A) by striking subsections (d) and (i);
                    (B) by redesignating subsections (e) through (h) as 
                subsections (d) through (g), respectively; and
                    (C) by adding at the end the following:
    ``(h) Funding.--The Secretary shall deposit in the fund in the 
Treasury known as the `cooperative endangered species conservation 
fund' such amounts as are necessary to carry out this section.''.
            (2) Conforming amendments.--Section 11 of the Endangered 
        Species Act of 1973 (16 U.S.C. 1540) is amended--
                    (A) in the fourth sentence of subsection (d), by 
                striking ``6(i) of this Act'' and inserting ``6(h)''; 
                and
                    (B) in paragraphs (1)(B) and (2)(B)(ii) of 
                subsection (g), by striking ``6(g)(2)(B)(ii) of this 
                Act'' each place it appears and inserting 
                ``6(f)(2)(B)(ii)''.
    (b) Authorization of Appropriations.--The Endangered Species Act of 
1973 is amended by striking sections 14 and 15 (87 Stat. 903, 16 U.S.C. 
1542) and inserting the following:

``SEC. 14. COSTS OF IMPLEMENTATION AND COMPLIANCE.

    ``(a) Definition of Expenditure.--
            ``(1) In general.--In this section, the term `expenditure' 
        means any cost imposed on or incurred by a person in 
        implementing or complying with this Act.
            ``(2) Inclusions.--In this section, the term `expenditure' 
        includes--
                    ``(A) costs relating to--
                            ``(i) the establishment of a State 
                        management plan;
                            ``(ii) monitoring;
                            ``(iii) consultation and administration;
                            ``(iv) the conduct of a species survey;
                            ``(v) the implementation of a conservation 
                        agreement or activity;
                            ``(vi) the acquisition of land for a 
                        conservation purpose; or
                            ``(vii) the implementation by a person of a 
                        cooperative agreement with a State or State 
                        agency relating to a species covered by this 
                        Act;
                    ``(B) financial losses to a person by predation 
                from a species covered by this Act;
                    ``(C) losses in value of real or personal property 
                owned by a person as a result of implementation of or 
                compliance with this Act; and
                    ``(D) any cost imposed in mitigation relating to 
                the management of a species covered by this Act.
    ``(b) Costs.--Notwithstanding any other provision of law, for 
fiscal year 2003 and each subsequent fiscal year, the Federal 
Government shall assume the cost of all expenditures.

``SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated such sums as are 
necessary to carry out this Act.''.
    (c) Table of Contents.--The table of contents in the first section 
of the Endangered Species Act of 1973 (16 U.S.C. prec. 1531) is amended 
by striking the items relating to sections 14 and 15 and inserting the 
following:

``Sec. 14. Costs of implementation and compliance.
``Sec. 15. Authorization of appropriations.''.
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