[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4475 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4475

   To amend the Endangered Species Act of 1973 to focus conservation 
efforts under that Act on the 109 species most in danger of extinction, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 1, 2004

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

_______________________________________________________________________

                                 A BILL


 
   To amend the Endangered Species Act of 1973 to focus conservation 
efforts under that Act on the 109 species most in danger of extinction, 
                        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 Recovery Act of 
2004''.

         TITLE I--AMENDMENTS TO ENDANGERED SPECIES ACT OF 1973

SEC. 101. DEFINITION OF ENDANGERED SPECIES.

    Section 3(6) of the Endangered Species Act of 1973 (16 U.S.C. 
1532(6)) is amended by striking ``all or a significant portion of its 
range'' and inserting ``all of its global range''.

SEC. 102. LISTING OF 109 ENDANGERED SPECIES MOST IN DANGER OF 
              EXTINCTION.

    (a) Determination of Species Most in Danger of Extinction.--Section 
4(a) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)) is 
amended by adding at the end the following:
            ``(4) Determination of species most in danger of 
        extinction.--The Secretary shall determine, from among the 
        species determined under this subsection to be endangered 
        species or threatened species, the 109 species that are in the 
        greatest danger of extinction throughout all or a significant 
        portion of their range. The Secretary shall use the best 
        scientific evidence available to determine those species.''.
    (b) Limitations on Listing and Protection to 109 Species.--Section 
4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended--
            (1) in subsection (a)(2)(A)(i), by inserting ``in 
        accordance with subsection (c)'' after ``be listed''; and
            (2) in subsection (c)(1), by striking the first sentence 
        and inserting ``The Secretary of the Interior shall publish in 
        the Federal Register a list of the 109 species determined under 
        subsection (a)(4) to be in the greatest danger of extinction 
        throughout all or a significant portion of their range.''.

SEC. 103. APPROVAL BY PANEL REQUIRED.

    Section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(c)(1)) is further amended by inserting after the first sentence 
the following: ``The Secretary may not include a species in the list 
unless inclusion of the species is approved by the majority vote of a 
panel comprised of the Secretary of the Interior, the Secretary of 
Transportation, and the Secretary of Defense.''.

SEC. 104. LIMITATION ON PERIOD OF LISTING.

    Section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(c)(1)) is further amended by adding at the end the following: ``No 
species may be included in the list for a period exceeding 5 years.''.

SEC. 105. ELIMINATION OF RESTRICTION ON BASES FOR DETERMINATION OF 
              ENDANGERED SPECIES AND THREATENED SPECIES.

    Section 4(b)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(b)(1)(A)) is amended by striking ``solely''.

SEC. 106. NOTIFICATION OF PRIVATE LANDOWNERS REQUIRED.

    Section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(c)) is further amended by adding at the end the following:
            ``(4) Notification of private land owners.--If the 
        Secretary determines that a species that is included or 
        proposed to be included in the list under paragraph (1) occurs 
        on privately owned land, the Secretary--
                    ``(A) shall provide notice of that determination to 
                the owner of the land; and
                    ``(B) in the case of a species proposed to be 
                included in such list, may not add the species to such 
                list before the owner receives the notice under clause 
                (i).''.

SEC. 107. LIMITING PROTECTIONS FOR LISTED SPECIES.

    Section 13 of the Endangered Species Act of 1973 (consisting of 
amendments to other laws, which have executed) is amended to read as 
follows:

``SEC. 13. LIMITATION ON PROTECTIONS FOR LISTED SPECIES.

    ``(a) Limitation on Prohibitions.--The prohibitions under section 9 
shall not apply with respect to any species other than a species in the 
list under section 4(c).
    ``(b) Review of Habitat Conservation Plans.--The Secretary shall 
complete review of a habitat conservation plan submitted for a permit 
under section 10(a)(1)(B) by not later than 180 days after the date the 
plan is submitted to the Secretary.''.

SEC. 108. EFFECTIVE DATE AND IMPLEMENTATION OF AMENDMENTS.

    (a) Effective Date of Amendments.--Except as otherwise provided in 
this Act, the amendments made by this title shall take effect upon the 
expiration of the 2-year period beginning on the date of the enactment 
of this Act.
    (b) Implementation of Amendments.--The Secretary (as that term is 
defined in section 3 of the Endangered Species Act of 1973 (16 U.S.C. 
1532)) shall--
            (1) before the end of the 2-year period beginning on the 
        date of the enactment of this Act, determine pursuant to the 
        amendment made by section 102(a), from among the species that 
        have been determined to be endangered species under section 
        4(a) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)) 
        as of the date of the determination under this paragraph, the 
        109 species that are in the greatest danger of extinction 
        throughout all or a significant portion of their range; and
            (2) upon the expiration of that period, publish a list of 
        such species under section 4(c) (16 U.S.C. 1533(c)) of such 
        Act, as amended by this Act.

             TITLE II--SPECIES CONSERVATION RESERVE PROGRAM

SEC. 201. SPECIES CONSERVATION RESERVE PROGRAM.

    (a) In General.--Through the 2026 calendar year, the Secretary of 
the Interior (in this title referred to as the ``Secretary'') shall 
formulate and carry out a species conservation reserve program under 
which land is enrolled through the use of contracts to assist owners 
and operators of land specified in subsection (b) to conserve 
endangered species.
    (b) Eligible Land.--The Secretary may include in the program 
established under this title agricultural land that is occupied by a 
species that is determined under section 4 of the Endangered Species 
Act of 1973, by the Secretary (as that term is used in that Act), to be 
an endangered species.
    (c) Duration of Contract.--For the purpose of carrying out this 
title, the Secretary shall enter into contracts of not more than 5 
years.
    (d) Eligibility for Consideration.--On the expiration of a contract 
entered into under this title, the land subject to the contract shall 
be eligible to be considered for reenrollment in the species 
conservation reserve.
    (e) Balance Among Habitats.--In determining the acceptability of 
contract offers under this title, the Secretary shall ensure, to the 
maximum extent practicable, an adequate balance among wildlife 
habitats.

SEC. 202. DUTIES OF OWNERS AND OPERATORS.

    (a) In General.--Under the terms of a contract entered into under 
this title, during the term of the contract, an owner or operator of 
land shall agree--
            (1) to implement a plan to conserve endangered species;
            (2) on a violation of a term or condition of the contract 
        at any time the owner or operator has control of the land--
                    (A) to forfeit all rights to receive rental 
                payments and cost sharing payments under the contract 
                and to refund to the Secretary any rental payments and 
                cost sharing payments received by the owner or operator 
                under the contract, together with interest on the 
                payments as determined by the Secretary, if the 
                Secretary determines that the violation is of such 
                nature as to warrant termination of the contract; or
                    (B) to refund to the Secretary, or accept 
                adjustments to, the rental payments and cost sharing 
                payments provided to the owner or operator, as the 
                Secretary considers appropriate, if the Secretary 
                determines that the violation does not warrant 
                termination of the contract; and
            (3) on the transfer of the right and interest of the owner 
        or operator in land subject to the contract--
                    (A) to forfeit all rights to rental payments and 
                cost sharing payments under the contract; and
                    (B) to refund to the United States all rental 
                payments and cost sharing payments received by the 
                owner or operator, or accept such payment adjustments 
                or make such refunds as the Secretary considers 
                appropriate and consistent with the objectives of this 
                title;
        unless the transferee of the land agrees with the Secretary to 
        assume all obligations of the contract, except that no refund 
        of rental payments and cost sharing payments shall be required 
        if the land is purchased by or for the United States Fish and 
        Wildlife Service, or the transferee and the Secretary agree to 
        modifications to the contract, in a case in which the 
        modifications are consistent with the objectives of the 
        program, as determined by the Secretary.
    (b) Conservation Plans.--The plan referred to in subsection (a)(1) 
shall set forth--
            (1) the conservation measures and practices to be carried 
        out by the owner or operator during the term of the contract; 
        and
            (2) the commercial use, if any, to be permitted on the land 
        during the term.
    (c) Foreclosure.--
            (1) In general.--Notwithstanding any other provision of 
        law, an owner or operator who is a party to a contract entered 
        into under this title may not be required to make repayments to 
        the Secretary of amounts received under the contract if the 
        land that is subject to the contract has been foreclosed on and 
        the Secretary determines that forgiving the repayments is 
        appropriate in order to provide fair and equitable treatment.
            (2) Resumption of control.--
                    (A) In general.--This subsection shall not void the 
                responsibilities of an owner or operator under the 
                contract if the owner or operator resumes control over 
                the land that is subject to the contract within the 
                period specified in the contract.
                    (B) Contract.--On the resumption of the control 
                over the land by the owner or operator, the provisions 
                of the contract in effect on the date of the 
                foreclosure shall apply.

SEC. 203. DUTIES OF THE SECRETARY.

    In return for a contract entered into by an owner or operator under 
section 202, the Secretary shall--
            (1) bear the cost of carrying out the conservation measures 
        and practices set forth in the contract; and
            (2) for a period of years not in excess of the term of the 
        contract, pay an annual rental payment in an amount necessary 
        to compensate for the loss in agricultural value of property 
        that is subject to the contract, as determined by a person 
        authorized by a State or local government the value of real 
        property.

SEC. 204. PAYMENTS.

    (a) Timing.--The Secretary shall provide payment for obligations 
incurred by the Secretary under a contract entered into under this 
title with respect to any annual rental payment obligation incurred by 
the Secretary--
            (1) as soon as practicable after October 1 of each calendar 
        year; or
            (2) at the option of the Secretary, at any time prior to 
        such date during the year that the obligation is incurred.
    (b) Annual Rental Payments.--
            (1) In general.--In determining the amount of annual rental 
        payments to be paid to owners and operators for converting 
        highly erodible cropland normally devoted to the production of 
        an agricultural commodity to less intensive use, the Secretary 
        may consider, among other things, the amount necessary to 
        encourage owners or operators of highly erodible cropland to 
        participate in the program established by this title.
            (2) Method of determination.--The amounts payable to owners 
        or operators in the form of rental payments under contracts 
        entered into under this title may be determined through--
                    (A) the submission of bids for such contracts by 
                owners and operators in such manner as the Secretary 
                may prescribe; or
                    (B) such other means as the Secretary determines 
                are appropriate.
    (c) Cash or In-Kind Payments.--
            (1) In general.--Except as otherwise provided in this 
        section, payments under this title--
                    (A) shall be made in cash in such amount and on 
                such time schedule as is agreed on and specified in the 
                contract; and
                    (B) may be made in advance of determination of 
                performance.
            (2) Cash payments.--Payments to an owner or operator under 
        a special species conservation reserve enhancement program 
        described in subsection (e)(4) shall be in the form of cash 
        only.
    (d) Payments on Death, Disability, or Succession.--If an owner or 
operator that is entitled to a payment under a contract entered into 
under this title dies, becomes incompetent, is otherwise unable to 
receive the payment, or is succeeded by another person that renders or 
completes the required performance, the Secretary shall make the 
payment, in accordance with regulations prescribed by the Secretary and 
without regard to any other provision of law, in such manner as the 
Secretary determines is fair and reasonable in light of all of the 
circumstances.
    (e) Payment Limitation for Rental Payments.--
            (1) In general.--The total amount of rental payments made 
        to a person under this title for any fiscal year may not exceed 
        $50,000.
            (2) Regulations.--
                    (A) In general.--The Secretary shall promulgate 
                regulations--
                            (i) defining the term ``person'' as used in 
                        this subsection; and
                            (ii) providing such terms and conditions as 
                        the Secretary determines necessary to ensure a 
                        fair and reasonable application of the 
                        limitation established by this subsection.
                    (B) Corporations and stockholders.--The regulations 
                promulgated by the Secretary on December 18, 1970, 
                under section 101 of the Agricultural Act of 1970 (7 
                U.S.C. 1307), shall be used to determine whether 
                corporations and their stockholders may be considered 
                as separate persons under this subsection.
            (3) Other payments.--Rental payments received by an owner 
        or operator shall be in addition to, and not affect, the total 
        amount of payments that the owner or operator is otherwise 
        eligible to receive under the Farm Security and Rural 
        Investment Act of 2002.
            (4) Special species conservation reserve enhancement 
        program.--
                    (A) In general.--The provisions of this subsection 
                that limit payments to any person, and section 1305(d) 
                of the Agricultural Reconciliation Act of 1987 (7 
                U.S.C. 1308 note; Public Law 100-203), shall not be 
                applicable to payments received by a State, political 
                subdivision, or agency thereof in connection with 
                agreements entered into under a special species 
                conservation reserve enhancement program carried out by 
                that entity that has been approved by the Secretary.
                    (B) Agreements.--The Secretary may enter into such 
                agreements for payments to States (including political 
                subdivisions and agencies of States) that the Secretary 
                determines will advance the purposes of this title.
    (f) Other State or Local Assistance.--In addition to any payment 
under this title, an owner or operator may receive cost share 
assistance, rental payments, or tax benefits from a State or 
subdivision thereof for enrolling land in the species conservation 
reserve program.

SEC. 205. CONTRACTS.

    (a) Ownership or Operation Requirements.--
            (1) In general.--Except as provided in paragraph (2), no 
        contract shall be entered into under this title concerning land 
        with respect to which the ownership has changed in the 1-year 
        period preceding the first year of the contract period unless--
                    (A) the new ownership was acquired by will or 
                succession as a result of the death of the previous 
                owner;
                    (B) the Secretary determines that the land was 
                acquired under circumstances that give adequate 
                assurance that the land was not acquired for the 
                purpose of placing the land in the program established 
                by this title; or
                    (C) the ownership change occurred due to 
                foreclosure on the land and the owner of the land 
                immediately before the foreclosure exercises a right of 
                redemption from the mortgage holder in accordance with 
                State law.
            (2) Exceptions.--Paragraph (1) shall not--
                    (A) prohibit the continuation of an agreement by a 
                new owner after an agreement has been entered into 
                under this title; or
                    (B) require a person to own the land as a condition 
                of eligibility for entering into the contract if the 
                person--
                            (i) has operated the land to be covered by 
                        a contract under this section for at least 1 
                        year preceding the date of the contract; and
                            (ii) controls the land for the contract 
                        period.
    (b) Sales or Transfers.--If, during the term of a contract entered 
into under this title, an owner or operator of land subject to the 
contract sells or otherwise transfers the ownership or right of 
occupancy of the land, the new owner or operator of the land may--
            (1) continue the contract under the same terms or 
        conditions; or
            (2) enter into a new contract in accordance with this 
        title.
    (c) Modifications.--The Secretary may modify a contract entered 
into with an owner or operator under this title if--
            (1) the owner or operator agrees to the modification; and
            (2) the Secretary determines that the modification is 
        desirable--
                    (A) to carry out this title;
                    (B) to facilitate the practical administration of 
                this title; or
                    (C) to achieve such other goals as the Secretary 
                determines are appropriate, consistent with this title.
    (d) Termination.--
            (1) In general.--The Secretary may terminate a contract 
        entered into with an owner or operator under this title if--
                    (A) the owner or operator agrees to the 
                termination; and
                    (B) the Secretary determines that the termination 
                would be in the public interest.
            (2) Notice to congressional committees.--At least 90 days 
        before taking any action to terminate under paragraph (1) all 
        species conservation reserve contracts entered into under this 
        title, the Secretary shall provide to the Congress written 
        notice of the action.
    (e) Early Termination by Owner or Operator.--
            (1) Renewed enrollment.--The termination of a contract 
        entered into under this title shall not affect the ability of 
        the owner or operator that requested the termination to submit 
        a subsequent bid to enroll the land that was subject to the 
        contract into the species conservation reserve.
            (2) Conservation requirements.--If land that was subject to 
        a contract is returned to production of an agricultural 
        commodity, the conservation requirements under subtitles B and 
        C of title XII of the Food Security Act of 1985 shall apply to 
        the use of the land to the extent that the requirements are 
        similar to those requirements imposed on other similar land in 
        the area, except that the requirements may not be more onerous 
        than the requirements imposed on other land.
                                 <all>