II 110th CONGRESS 1st Session S. 2165 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.

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as appropriate— (A)the Secretary of the Army (acting through the Chief of Engineers) determines that a drought is no longer in effect in the region in which the relevant Federal river basin is located; or (B)the Governor of the State (or designee) in which the Federal river basin that is managed by the Federal or State agency is located determines that a drought is no longer in effect in the region of the State in which the relevant Federal river basin is located. .