II 109th CONGRESS 1st Session S. 1497 IN THE SENATE OF THE UNITED STATES July 26, 2005 Ms. Murkowski (for herself and Mr. Stevens) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the Secretary of the Interior to provide incidental take permits to public electric utilities that adopt avian protection plans.

1.

Incidental take permits for public electric utilities with avian protection plans

(a)

In general

Notwithstanding the Act of June 8, 1940 (16 U.S.C. 668 et seq.) (commonly known as the Bald and Golden Eagle Protection Act) and the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), the Secretary of the Interior shall provide an incidental take permit to a public electric utility that has adopted an avian protection plan, if the Secretary determines that the public utility has included in the plan specific measures to mitigate hazards to eagles and other migratory birds. (b)

Penalties

Any public utility that receives an incidental take permit under this section (including an officer, director, or employee of the public utility) shall not be subject to criminal or civil penalty under an Act referred to in subsection (a) for the incidental death by electrocution of a bird described in subsection (a)(1) by a power line of the public utility during the period the permit is in effect.