[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3300 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3300

   To amend the Endangered Species Act of 1973 to authorize species 
recovery agreements under which the Federal Government is obligated to 
make annual payments or provide other compensation for activities that 
improve the recovery of one or more species listed under that Act, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2005

Mr. Graves (for himself, Mr. Terry, and Mr. McCaul of Texas) introduced 
  the following bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
   To amend the Endangered Species Act of 1973 to authorize species 
recovery agreements under which the Federal Government is obligated to 
make annual payments or provide other compensation for activities that 
improve the recovery of one or more species listed under 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 Improvements Act 
of 2005''.

SEC. 2. COOPERATION PROGRAM.

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

                     ``species recovery agreements

    ``Sec. 13. (a) Agreements Authorized.--The Secretary may enter into 
a species recovery agreement with a person, other than an agency or 
department of a Federal or State government, under which the Secretary 
is obligated, subject to the availability of appropriations, to make 
annual payments or provide other compensation to the person to 
implement the agreement.
    ``(b) Terms of Agreement.--A species recovery agreement entered 
into under this section by the Secretary with a person--
            ``(1) shall require that the person shall carry out, on 
        land owned or controlled by the person, activities that--
                    ``(A) protect and restore habitat for species 
                included in a list published under section 4(c), or 
                that are candidates for such inclusion, in a manner 
                that is integrated with existing operations on and use 
                of such land;
                    ``(B) contribute to the recovery of one or more 
                species included in a list published under section 
                4(c); and
                    ``(C) implement a management plan for such species;
            ``(2) shall specify such management plan;
            ``(3) shall include the compensation to be provided by the 
        Secretary to the person under the agreement, and the terms 
        under which such compensation shall be provided;
            ``(4) require the Secretary to provide upon request 
        technical assistance and management training to assist the 
        owner or operator of the land that is subject to the agreement 
        in carrying out the agreement; and
            ``(5) shall include--
                    ``(A) the duties of the person;
                    ``(B) the duties of Secretary;
                    ``(C) the terms and conditions under which the 
                person and the Secretary mutually agree such agreement 
                may be modified or terminated; and
                    ``(D) acts or omissions by the person or the 
                Secretary that shall be considered violations of the 
                agreement, and procedures under which notice and an 
                opportunity to remedy any violation by the person shall 
                be given.
    ``(c) Transfer of Property.--Upon any conveyance or other transfer 
of interest in land that is subject to an agreement under this 
section--
            ``(1) the agreement shall continue in effect with respect 
        to such land, with the same terms and conditions, if the person 
        to whom the land or interest is conveyed or otherwise 
        transferred notifies the Secretary of the person's election to 
        continue the agreement by not later than 30 days after the date 
        of the conveyance or other transfer;
            ``(2) the agreement shall terminate if the agreement does 
        not continue in effect under paragraph (1); and
            ``(3) the person to whom the land or interest is conveyed 
        or otherwise transferred may seek a new agreement under this 
        section.
    ``(d) Model Form of Agreement.--Not later than 1 year after the 
date of the enactment of the Endangered Species Improvements Act of 
2005, the Secretary shall issue regulations that--
            ``(1) establish a model form of agreement that a person may 
        enter into with the Secretary under this section; and
            ``(2) include in such model agreement--
                    ``(A) a range of possible management practices for 
                habitat protections and restoration; and
                    ``(B) other necessary agreement terms consistent 
                with this section.
    ``(e) Duration of Agreement; Renewal.--An agreement under this 
section shall be effective for 5 years, and may be renewed at the 
option of the person or upon the mutual agreement of the Secretary and 
the person.
    ``(f) Voluntary Program.--The Secretary, or any other Federal 
official, may not require a person to enter into an agreement under 
this section as a term or condition of any right, privilege, or 
benefit, or of any action or refraining from any action, under this or 
any other law.
    ``(g) Authorization of Appropriations.--To carry out this section 
there is authorized to be appropriated to the Secretary $50,000,000.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of such Act is amended by striking the item relating to section 13 and 
inserting the following:

``Sec. 13. Species recovery agreements.''.
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