[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2223 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 442
110th CONGRESS
  1st Session
                                S. 2223

                          [Report No. 110-205]

 To amend the Internal Revenue Code of 1986 to provide additional tax 
  incentives to promote habitat conservation and restoration, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 24, 2007

   Mr. Baucus, from the Committee on Finance, reported the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
 To amend the Internal Revenue Code of 1986 to provide additional tax 
  incentives to promote habitat conservation and restoration, 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, ETC.

    (a) Short Title.--This Act may be cited as the ``Habitat and Land 
Conservation Act of 2007''.
    (b) Amendment of 1986 Code.--Except as otherwise expressly 
provided, whenever in this Act an amendment or repeal is expressed in 
terms of an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or other 
provision of the Internal Revenue Code of 1986.
    (c) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title, etc.
Sec. 2. Permanent extension of special rule encouraging contributions 
                            of capital gain real property for 
                            conservation purposes.
Sec. 3. Tax credit for recovery and restoration of endangered species.
Sec. 4. Deduction for endangered species recovery expenditures.
Sec. 5. Exclusion for certain payments and programs relating to fish 
                            and wildlife.
Sec. 6. Extension of expensing of brownfields remediation costs.
Sec. 7. Allowance of section 1031 treatment for exchanges involving 
                            certain mutual ditch, reservoir, or 
                            irrigation company stock.
Sec. 8. Modification of effective date of leasing provisions of the 
                            American Jobs Creation Act of 2004.

SEC. 2. PERMANENT EXTENSION OF SPECIAL RULE ENCOURAGING CONTRIBUTIONS 
              OF CAPITAL GAIN REAL PROPERTY FOR CONSERVATION PURPOSES.

    (a) In General.--
            (1) Individuals.--Subparagraph (E) of section 170(b)(1) 
        (relating to contributions of qualified conservation 
        contributions) is amended by striking clause (vi).
            (2) Corporations.--Subparagraph (B) of section 170(b)(2) 
        (relating to qualified conservation contributions by certain 
        corporate farmers and ranchers) is amended by striking clause 
        (iii).
    (b) Effective Date.--The amendments made by this section shall 
apply to contributions made in taxable years beginning after December 
31, 2007.

SEC. 3. TAX CREDIT FOR RECOVERY AND RESTORATION OF ENDANGERED SPECIES.

    (a) In General.--Subpart B of part IV of subchapter A of chapter 1 
is amended by adding at the end the following new section:

``SEC. 30D. ENDANGERED SPECIES RECOVERY AND RESTORATION CREDIT.

    ``(a) In General.--In the case of an eligible taxpayer, there shall 
be allowed as a credit against the tax imposed by this chapter for the 
taxable year an amount equal to the sum of--
            ``(1) the habitat protection easement credit, plus
            ``(2) the habitat restoration credit.
    ``(b) Limitation.--
            ``(1) In general.--The credit allowed under subsection (a) 
        for any taxpayer for any taxable year shall not exceed the 
        endangered species recovery credit limitation allocated to the 
        eligible taxpayer under subsection (f) for the calendar year in 
        which the taxpayer's taxable year ends.
            ``(2) Carryforwards.--
                    ``(A) In general.--If the amount of the credit 
                allowable under subsection (a) for any taxpayer for any 
                taxable year (determined without regard to paragraph 
                (1)) exceeds the endangered species recovery credit 
                limitation allocated under subsection (f) to such 
                taxpayer for the calendar year in which the taxpayer's 
                taxable year ends, such excess may be carried forward 
                to the next taxable year for which an allocation is 
                made to such taxpayer under subsection (f). Any amount 
                carried to another taxable year under this subparagraph 
                shall be treated as added to the credit allowable under 
                subsection (a)(1) or (a)(2), whichever is appropriate, 
                for such taxable year.
                    ``(B) Carryforward of allocation amount.--If the 
                amount of the endangered species recovery credit 
                limitation allocated to a taxpayer for any calendar 
                year under subsection (f) exceeds the amount of the 
                credit allowed to the taxpayer under subsection (a) for 
                the taxable year ending in such calendar year, such 
                excess may be carried forward to the next taxable year 
                of the taxpayer. Any amount carried to another taxable 
                year under this subparagraph shall be treated as 
                allocated to the taxpayer for use in such taxable year 
                under subsection (f).
    ``(c) Eligible Taxpayer; Qualified Agreements.--For purposes of 
this section--
            ``(1) In general.--The term `eligible taxpayer' means--
                    ``(A) a taxpayer who--
                            ``(i) owns real property which contains the 
                        habitat of a qualified species, and
                            ``(ii) enters into a qualified perpetual 
                        habitat protection agreement, a qualified 30-
                        year habitat protection agreement, or a 
                        qualified habitat protection agreement with 
                        respect to such real property, and
                    ``(B) any other taxpayer who--
                            ``(i) is a party to a qualified perpetual 
                        habitat protection agreement, a qualified 30-
                        year habitat protection agreement, or a 
                        qualified habitat protection agreement, and
                            ``(ii) as part of any such agreement, 
                        agrees to assume responsibility for costs paid 
                        or incurred as a result of implementing such 
                        agreement.
            ``(2) Qualified perpetual habitat protection agreement.--
        The term `qualified perpetual habitat protection agreement' 
        means an agreement--
                    ``(A) under which a taxpayer described in paragraph 
                (1)(A) grants to the appropriate Secretary, the 
                Secretary of Agriculture, the Secretary of Defense, or 
                a State an easement in perpetuity for the protection of 
                the habitat of a qualified species, and
                    ``(B) which meets the requirements of paragraph 
                (5).
            ``(3) Qualified 30-year habitat protection agreement.--The 
        term `qualified 30-year habitat protection agreement' means an 
        agreement not described in paragraph (2)--
                    ``(A) under which a taxpayer described in paragraph 
                (1)(A) grants to the appropriate Secretary, the 
                Secretary of Agriculture, the Secretary of Defense, or 
                a State an easement for a period of 30 years or greater 
                for the protection of the habitat of a qualified 
                species, and
                    ``(B) which meets the requirements of paragraph 
                (5).
            ``(4) Qualified habitat protection agreement.--The term 
        `qualified habitat protection agreement' means an agreement--
                    ``(A) under which a taxpayer described in paragraph 
                (1)(A) enters into an agreement not described in 
                paragraph (2) or (3) with the appropriate Secretary, 
                the Secretary of Agriculture, the Secretary of Defense, 
                or a State to protect the habitat of a qualified 
                species for a specified period of time, and
                    ``(B) which meets the requirements of paragraph 
                (5).
            ``(5) Requirements.--An agreement meets the requirements of 
        this paragraph if the agreement--
                    ``(A) is consistent with any recovery plan which is 
                applicable and which has been approved for a qualified 
                species under section 4 of the Endangered Species Act 
                of 1973,
                    ``(B) includes a habitat management plan agreed to 
                by the appropriate Secretary and the eligible taxpayer, 
                and
                    ``(C) requires that technical assistance with 
                respect to the duties under the habitat management plan 
                be provided to the taxpayer by the appropriate 
                Secretary or an entity approved by the appropriate 
                Secretary.
    ``(d) Habitat Protection Easement Credit.--
            ``(1) In general.--For purposes of subsection (a)(1), the 
        habitat protection easement credit for any taxable year is an 
        amount equal to--
                    ``(A) in the case of a taxpayer described in 
                subsection (c)(1)(A) who has entered into a qualified 
                perpetual habitat protection agreement during such 
                taxable year, 100 percent of the excess (if any) of--
                            ``(i) the fair market value of the real 
                        property with respect to which the qualified 
                        perpetual habitat protection agreement is made, 
                        determined on the day before such agreement is 
                        entered into, over
                            ``(ii) the fair market value of such 
                        property, determined on the day after such 
                        agreement is entered into,
                    ``(B) in the case of a taxpayer described in 
                subsection (c)(1)(A) who has entered into a qualified 
                30-year habitat protection agreement during such 
                taxable year, 75 percent of such excess, and
                    ``(C) in the case of any other taxpayer, zero.
            ``(2) Reduction for amount received for easement.--The 
        amount determined under paragraph (1) shall be reduced by any 
        amount received by the taxpayer in connection with the 
        easement.
            ``(3) Limitation based on amount of tax.--The credit 
        allowed under subsection (a)(1) for any taxable year shall not 
        exceed the sum of--
                    ``(A) the taxpayer's regular tax liability for the 
                taxable year reduced by the sum of the credits 
                allowable under subpart A and sections 27, 30, 30B, and 
                30C, and
                    ``(B) the tax imposed by section 55(a) for the 
                taxable year.
            ``(4) Carryforward of unused credit.--If the credit 
        allowable under subsection (a)(1) for any taxable year exceeds 
        the limitation imposed by paragraph (3) for such taxable year, 
        such excess shall be carried to the succeeding taxable year and 
        added to the credit allowable under subsection (a)(1) for such 
        succeeding taxable year.
            ``(5) Qualified appraisals required.--No amount shall be 
        taken into account under this subsection unless the eligible 
        taxpayer includes with the taxpayer's return for the taxable 
        year a qualified appraisal (within the meaning of section 
        170(f)(11)(E)) of the real property.
    ``(e) Habitat Restoration Credit.--
            ``(1) In general.--For purposes of subsection (a)(2), the 
        habitat restoration credit for any taxable year shall be an 
        amount equal to--
                    ``(A) in the case of a qualified perpetual habitat 
                protection agreement, 100 percent of the costs paid or 
                incurred by an eligible taxpayer during such taxable 
                year pursuant to the habitat management plan under such 
                agreement,
                    ``(B) in the case of a qualified 30-year habitat 
                protection agreement, 75 percent of the costs paid or 
                incurred by an eligible taxpayer during such taxable 
                year pursuant to the habitat management plan under such 
                agreement, and
                    ``(C) in the case of a qualified habitat protection 
                agreement, 50 percent of the costs paid or incurred by 
                an eligible taxpayer during such taxable year pursuant 
                to the habitat management plan under such agreement.
            ``(2) Limitation based on amount of tax.--The credit 
        allowed under subsection (a)(2) for any taxable year shall not 
        exceed the excess (if any) of--
                    ``(A) the regular tax liability for the taxable 
                year reduced by the sum of the credits allowable under 
                subpart A, sections 27, 30, 30B, and 30C, and 
                subsection (a)(1), over
                    ``(B) the tentative minimum tax for the taxable 
                year.
            ``(3) Carryforward of unused credit.--If the credit 
        allowable under subsection (a)(2) for any taxable year exceeds 
        the limitation imposed by paragraph (2) for such taxable year, 
        such excess shall be carried to the succeeding taxable year and 
        added to the credit allowable under subsection (a)(2) for such 
        succeeding taxable year.
            ``(4) Special rules.--
                    ``(A) Certain costs not included.--No amount shall 
                be taken into account with respect to any cost which is 
                paid or incurred by a taxpayer to comply with any 
                requirement of a Federal, State, or local government 
                (other than costs required under an agreement described 
                in subsection (c)).
                    ``(B) Subsidized financing.--For purposes of 
                paragraph (1), the amount of costs paid or incurred by 
                an eligible taxpayer pursuant to any habitat management 
                plan described in subsection (c)(5)(B) shall be reduced 
                by the amount of any financing provided under any 
                Federal or State program a principal purpose of which 
                is to subsidize financing for the conservation of the 
                habitat of a qualified species.
    ``(f) Endangered Species Recovery Credit Limitation.--
            ``(1) In general.--There is an endangered species recovery 
        credit limitation for each calendar year. Such limitation is --
                    ``(A) for 2008, 2009, 2010, 2011, and 2012--
                            ``(i) $290,000,000 with respect to 
                        qualified perpetual habitat protection 
                        agreements,
                            ``(ii) $55,000,000 with respect to 
                        qualified 30-year habitat protection 
                        agreements, and
                            ``(iii) $35,000,000 with respect to 
                        qualified habitat protection agreements, and
                    ``(B) except as provided in paragraph (3), zero 
                thereafter.
            ``(2) Allocation of limitation.--
                    ``(A) In general.--The Secretary, in consultation 
                with the Secretary of the Interior and the Secretary of 
                Commerce, shall allocate the endangered species 
                recovery credit limitation to eligible taxpayers.
                    ``(B) Establishment of allocation program.--Not 
                later than 180 days after the date of the enactment of 
                this Act, the Secretary, in consultation with the 
                Secretary of the Interior and the Secretary of 
                Commerce, shall, by regulation, establish a program to 
                process applications from eligible taxpayers and to 
                determine how to best allocate the credit limitation 
                under subparagraph (A), taking into account the 
                considerations described in subparagraph (C).
                    ``(C) Considerations.--In accepting applications to 
                make allocations to eligible taxpayers under this 
                section, priority shall be given to taxpayers with 
                agreements--
                            ``(i) relating to habitats that will 
                        significantly increase the likelihood of 
                        recovering and delisting a species as an 
                        endangered species or a threatened species (as 
                        defined under section 2 of the Endangered 
                        Species Act of 1973),
                            ``(ii) that are cost-effective and maximize 
                        the benefits to a qualified species per dollar 
                        expended,
                            ``(iii) relating to habitats of species 
                        which have a federally approved recovery plan 
                        pursuant to section 4 of the Endangered Species 
                        Act of 1973,
                            ``(iv) relating to habitats with the 
                        potential to contribute significantly to the 
                        improvement of the status of a qualified 
                        species,
                            ``(v) relating to habitats with the 
                        potential to contribute significantly to the 
                        eradication or control of invasive species that 
                        are imperiling a qualified species,
                            ``(vi) with habitat management plans that 
                        will manage multiple qualified species,
                            ``(vii) with habitat management plans that 
                        will create adjacent or proximate habitat for 
                        the recovery of a qualified species,
                            ``(viii) relating to habitats for qualified 
                        species with an urgent need for protection,
                            ``(ix) with habitat management plans that 
                        assist in preventing the listing of a species 
                        as endangered or threatened under the 
                        Endangered Species Act of 1973 or a similar 
                        State law,
                            ``(x) with habitat management plans that 
                        may resolve conflicts between the protection of 
                        qualified species and otherwise lawful human 
                        activities, and
                            ``(xi) with habitat management plans that 
                        may resolve conflicts between the protection of 
                        a qualified species and military training or 
                        other military operations.
            ``(3) Carryover of unused limitation.--If for any calendar 
        year any of the limitations under paragraph (1) (after the 
        application of this paragraph) exceeds the amount allocated to 
        eligible taxpayers for such calendar year, such limitation 
        amount for the following calendar year shall be increased by 
        the amount of such excess.
    ``(g) Other Definitions and Special Rules.--
            ``(1) Appropriate secretary.--The term `appropriate 
        Secretary' has the meaning given to the term `Secretary' under 
        section 3(15) of the Endangered Species Act of 1973.
            ``(2) Habitat management plan.--The term `habitat 
        management plan' means, with respect to any habitat, a plan 
        which--
                    ``(A) identifies one or more qualified species to 
                which the plan applies,
                    ``(B) is designed to--
                            ``(i) restore or enhance the habitat of the 
                        qualified species, or
                            ``(ii) reduce threats to the qualified 
                        species through the management of the habitat,
                    ``(C) describes the current condition of the 
                habitat to be restored or enhanced,
                    ``(D) describes the threats to the qualified 
                species that are intended to be reduced through the 
                plan,
                    ``(E) describes the management practices to be 
                undertaken by the taxpayer,
                    ``(F) provides a schedule of deadlines for 
                undertaking such management practices and the expected 
                responses of the habitat and the species,
                    ``(G) requires monitoring of the management 
                practices and the status of the qualified species and 
                its habitat, and
                    ``(H) describes the technical assistance to be 
                provided to the taxpayer and identifies the entity that 
                will provide such assistance.
            ``(3) Qualified species.--The term `qualified species' 
        means--
                    ``(A) any species listed as an endangered species 
                or threatened species under the Endangered Species Act 
                of 1973, or
                    ``(B) any species for which a finding has been made 
                under section 4(b)(3) of the Endangered Species Act of 
                1973 that listing under such Act may be warranted.
            ``(4) Taking.--The term `taking' has the meaning given to 
        such term under the Endangered Species Act of 1973.
            ``(5) Reduction in basis.--For purposes of this subtitle, 
        the basis of any property for which a credit is allowed under 
        subsection (a)(1) shall be reduced by the amount of the credit 
        so allowed.
            ``(6) Denial of double benefit.--No deduction or other 
        credit shall be allowed under this chapter for any amount with 
        respect to which a credit is allowed under subsection (a).
            ``(7) Certification.--No credit shall be allowed under 
        subsection (a) unless the appropriate Secretary certifies that 
        any agreement described in subsection (c) will contribute to 
        the recovery of a qualified species.
            ``(8) Request for authorization of incidental takings.--The 
        Secretary shall request the appropriate Secretary to consider 
        whether to authorize under the Endangered Species Act of 1973 
        takings by an eligible taxpayer of a qualified species to which 
        an agreement described in subsection (c) relates if the takings 
        are incidental to--
                    ``(A) the restoration, enhancement, or management 
                of the habitat pursuant to the habitat management plan 
                under the agreement, or
                    ``(B) the use of the property to which the 
                agreement pertains at any time after the expiration of 
                the easement or the specified period described in 
                subsection (c)(4)(A), but only if such use will leave 
                the qualified species at least as well off on the 
                property as it was before the agreement was made.
            ``(9) Recapture.--The Secretary shall, by regulations, 
        provide for recapturing the benefit under any credit allowable 
        under subsection (a) if the Secretary determines that--
                    ``(A) the taxpayer has failed to carry out the 
                duties of the taxpayer under the terms of a qualified 
                perpetual habitat protection agreement, a qualified 30-
                year habitat protection agreement, or a qualified 
                habitat protection agreement, and
                    ``(B) there are no other available means to 
                remediate such failure.''.
    (b) GAO Study.--
            (1) In general.--The Comptroller General of the United 
        States shall undertake a study on the effectiveness of the 
        credit allowed under section 30D of the Internal Revenue Code 
        of 1986 (as added by this Act).
            (2) Issues to be studied.--The study under paragraph (1) 
        shall--
                    (A) evaluate--
                            (i) the contributions that habitat 
                        management plans established under such credit 
                        have made in restoring or enhancing species 
                        habitat and reducing threats to species, and
                            (ii) the implementation of the credit 
                        allocation program established in section 
                        30D(f)(2) of such Code (as so added), and
                    (B) include recommendations for improving the 
                effectiveness of such credit.
            (3) Reports.--
                    (A) Interim report.--Not later than 3 years after 
                the date of the enactment of this Act, the Comptroller 
                General of the United States shall submit to Congress 
                an interim report on the study conducted under 
                paragraph (1).
                    (B) Final report.--Not later than 5 years after the 
                date of the enactment of this Act, the Comptroller 
                General of the United States shall submit to Congress a 
                final report on the study conducted under paragraph 
                (1).
    (c) Conforming Amendments.--
            (1) Section 1016(a) is amended by striking ``and'' at the 
        end of paragraph (36), by striking the period at the end of 
        paragraph (37) and inserting ``, and'', and by inserting after 
        paragraph (37) the following new paragraph:
            ``(38) to the extent provided in section 30D(g)(5).''.
            (2) The table of sections for subpart B of part IV of 
        subchapter A of chapter 1 is amended by inserting after the 
        item relating to section 30C the following new item:

``Sec. 30D. Endangered species recovery and restoration credit.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2007.

SEC. 4. DEDUCTION FOR ENDANGERED SPECIES RECOVERY EXPENDITURES.

    (a) Deduction for Endangered Species Recovery Expenditures.--
            (1) In general.--Paragraph (1) of section 175(c) (relating 
        to definitions) is amended by inserting after the first 
        sentence the following new sentence: ``Such term shall include 
        expenditures paid or incurred for the purpose of achieving 
        site-specific management actions recommended in recovery plans 
        approved pursuant to the Endangered Species Act of 1973.''.
            (2) Conforming amendments.--
                    (A) Section 175 is amended by inserting ``, or for 
                endangered species recovery'' after ``prevention of 
                erosion of land used in farming'' each place it appears 
                in subsections (a) and (c).
                    (B) The heading of section 175 is amended by 
                inserting ``; endangered species recovery 
                expenditures'' before the period.
                    (C) The item relating to section 175 in the table 
                of sections for part VI of subchapter B of chapter 1 is 
                amended by inserting ``; endangered species recovery 
                expenditures'' before the period.
    (b) Limitations.--Paragraph (3) of section 175(c) (relating to 
additional limitations) is amended--
            (1) in the heading, by inserting ``or endangered species 
        recovery plan'' after ``conservation plan'', and
            (2) in subparagraph (A)(i), by inserting ``or the recovery 
        plan approved pursuant to the Endangered Species Act of 1973'' 
        after ``Department of Agriculture''.
    (c) Effective Date.--The amendments made by this section shall 
apply to expenditures paid or incurred after the date of the enactment 
of this Act.

SEC. 5. EXCLUSION FOR CERTAIN PAYMENTS AND PROGRAMS RELATING TO FISH 
              AND WILDLIFE.

    (a) In General.--Subsection (a) of section 126 (relating to certain 
cost-sharing payments) is amended by redesignating paragraph (10) as 
paragraph (12) and by inserting after paragraph (9) the following new 
paragraphs:
            ``(10) The Partners for Fish and Wildlife Program 
        authorized by the Partners for Fish and Wildlife Act.
            ``(11) The Landowner Incentive Program, the State Wildlife 
        Grants Program, and the Private Stewardship Grants Program 
        authorized by the Fish and Wildlife Act of 1956.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to payments received after the date of the enactment of this Act.

SEC. 6. EXTENSION OF EXPENSING OF BROWNFIELDS REMEDIATION COSTS.

    (a) Extension.--Subsection (h) of section 198 is amended by 
striking ``2007'' and inserting ``2010''.
    (b) Effective Date.--The amendment made by this section shall apply 
to expenditures paid or incurred after December 31, 2007.

SEC. 7. ALLOWANCE OF SECTION 1031 TREATMENT FOR EXCHANGES INVOLVING 
              CERTAIN MUTUAL DITCH, RESERVOIR, OR IRRIGATION COMPANY 
              STOCK.

    (a) In General.--Section 1031 (relating to exchange of property 
held for productive use or investment) is amended by adding at the end 
the following new subsection:
    ``(i) Special Rules for Mutual Ditch, Reservoir, or Irrigation 
Company Stock.--For purposes of subsection (a)(2)(B), the term `stocks' 
shall not include shares in a mutual ditch, reservoir, or irrigation 
company if at the time of the exchange--
            ``(1) the mutual ditch, reservoir, or irrigation company is 
        an organization described in section 501(c)(12)(A) (determined 
        without regard to the percentage of its income that is 
        collected from its members for the purpose of meeting losses 
        and expenses), and
            ``(2) the shares in such company have been recognized by 
        the highest court of the State in which such company was 
        organized or by applicable State statute as constituting or 
        representing real property or an interest in real property.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to transfers after the date of the enactment of this Act.

SEC. 8. MODIFICATION OF EFFECTIVE DATE OF LEASING PROVISIONS OF THE 
              AMERICAN JOBS CREATION ACT OF 2004.

    (a) Leases to Foreign Entities.--Section 849(b) of the American 
Jobs Creation Act of 2004 is amended by adding at the end the following 
new paragraph:
            ``(5) Leases to foreign entities.--In the case of tax-
        exempt use property leased to a tax-exempt entity which is a 
        foreign person or entity, the amendments made by this part 
        shall apply to taxable years beginning after December 31, 2006, 
        with respect to leases entered into on or before March 12, 
        2004.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect as if included in the enactment of the American Jobs Creation 
Act of 2004.
                                                       Calendar No. 442

110th CONGRESS

  1st Session

                                S. 2223

                          [Report No. 110-205]

_______________________________________________________________________

                                 A BILL

 To amend the Internal Revenue Code of 1986 to provide additional tax 
  incentives to promote habitat conservation and restoration, and for 
                            other purposes.

_______________________________________________________________________

                            October 24, 2007

                 Read twice and placed on the calendar