[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2165 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2165

    To amend the Endangered Species Act of 1973 to provide for the 
suspension of each provision of the Act during periods of drought with 
respect to Federal and State agencies that manage Federal river basins 
        that are located in each region affected by the drought.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 16, 2007

 Mr. Isakson (for himself and Mr. Chambliss) 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 provide for the 
suspension of each provision of the Act during periods of drought with 
respect to Federal and State agencies that manage Federal river basins 
        that are located in each region affected by the drought.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SUSPENSION OF PROVISIONS DURING PERIODS OF DROUGHT WITH 
              RESPECT TO CERTAIN FEDERAL AND STATE AGENCIES.

    Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) 
is amended by adding at the end the following:
    ``(k) Suspension of Provisions During Periods of Drought With 
Respect to Certain Federal and State Agencies.--
            ``(1) Requirements for suspension.--With respect to a 
        Federal or State agency that manages a Federal river basin, 
        each provision of this Act shall be suspended if--
                    ``(A) the Secretary of the Army (acting through the 
                Chief of Engineers) determines that--
                            ``(i) a drought is in effect in a region in 
                        which there is located a Federal river basin 
                        that is managed by the Federal or State agency; 
                        and
                            ``(ii) the drought described in clause (i) 
                        presents a threat to the health, safety, or 
                        welfare of the population that is located in 
                        the region; or
                    ``(B) the Governor of the State (or designee) in 
                which a Federal river basin that is managed by the 
                Federal or State agency is located determines that--
                            ``(i) a drought is in effect in a region in 
                        which there is located a Federal river basin 
                        that is managed by the Federal or State agency; 
                        and
                            ``(ii) the drought described in clause (i) 
                        presents a threat to the health, safety, or 
                        welfare of the population that is located in 
                        the region.
            ``(2) Termination of suspension.--A temporary suspension of 
        each provision of this Act under paragraph (1) shall terminate 
        on the date on which, as appropriate--
                    ``(A) the Secretary of the Army (acting through the 
                Chief of Engineers) determines that a drought is no 
                longer in effect in the region in which the relevant 
                Federal river basin is located; or
                    ``(B) the Governor of the State (or designee) in 
                which the Federal river basin that is managed by the 
                Federal or State agency is located determines that a 
                drought is no longer in effect in the region of the 
                State in which the relevant Federal river basin is 
                located.''.
                                 <all>