[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5531 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5531

To amend the Endangered Species Act of 1973 to enable Federal agencies 
 responsible for the preservation of threatened species and endangered 
  species to rescue and relocate members of any of those species that 
would be taken in the course of certain reconstruction, maintenance, or 
     repair of Federal or non-Federal manmade flood control levees.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 2010

  Mr. Herger introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Endangered Species Act of 1973 to enable Federal agencies 
 responsible for the preservation of threatened species and endangered 
  species to rescue and relocate members of any of those species that 
would be taken in the course of certain reconstruction, maintenance, or 
     repair of Federal or non-Federal manmade flood control levees.

    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 ``Species Rescue Act''.

SEC. 2. RELOCATION OF MEMBERS OF ENDANGERED SPECIES AND THREATENED 
              SPECIES THAT WOULD BE TAKEN IN THE COURSE OF 
              RECONSTRUCTION, MAINTENANCE, OR REPAIR OF MANMADE FLOOD 
              CONTROL LEVEES.

    (a) Expedited Consultation and Conferencing; Relocation 
Requirement.--Section 7 of the Endangered Species Act of 1973 (16 
U.S.C. 1536) is amended--
            (1) in subsection (a)(2), by inserting ``, except in the 
        case of an agency action flood control action (as defined in 
        subsection (b)(5)(B)) for which consultation and conferencing 
        is completed in accordance with subsection (b),'' after 
        ``threatened species or'';
            (2) in subsection (b)(4) by striking the matter preceding 
        subparagraph (A) and inserting the following:
    ``(4) If after consultation under subsection (a)(2) of this section 
regarding an agency action, other than an agency flood control action 
(as defined in paragraph (5)(B)), the Secretary concludes that--''; and
            (3) by adding at the end of subsection (b) the following:
    ``(5)(A) Notwithstanding paragraph (1)(A), consultation under 
subsection (a)(2) and conferencing under subsection (a)(4) regarding an 
agency flood control action shall be concluded within the 60-day period 
beginning on the date on which initiated.
    ``(B) For purposes of this paragraph, the term `agency flood 
control action' means an agency action consisting of the authorization, 
funding, or carrying out by an agency of reconstruction, maintenance, 
or repair of a Federal or non-Federal manmade flood control levee--
            ``(i) based on a determination that--
                    ``(I) there exists or is likely to exist in the 
                future high water;
                    ``(II) the levee is likely to fail in the period of 
                such high water unless the levee is reconstructed, 
                maintained, or repaired; and
                    ``(III) such a levee failure would pose severe 
                public health and safety risks, place persons residing 
                in areas protected by the levee at risk, or cause 
                extensive flooding and significant economic damages, 
                including loss of life, property, or habitat; or
            ``(ii) to address an imminent threat from a catastrophic 
        natural event.
    ``(C) Promptly after conclusion of consultation and conferencing 
regarding an agency flood control action, the Secretary shall provide 
the Federal agency and the applicant concerned, if any, a written 
statement that specifies the impact of the action on endangered species 
and threatened species.
    ``(D) Not later than 60 days after the conclusion of consultation 
and conferencing regarding an agency flood control action, the 
Secretary, acting through the United States Fish and Wildlife Service, 
any other Federal land management agency, the National Marine Fisheries 
Service, or a State conservation agency, shall relocate from the flood 
control levee with respect to which the action will be carried out--
            ``(i) the members of any threatened species or endangered 
        species of plant or animal that the Secretary determines would 
        be taken in the course of the action; and
            ``(ii) any plant or other natural material that the 
        Secretary considers to be suitable habitat, or a component of 
        suitable habitat, for such species and that the Secretary 
        determines would be damaged, destroyed, or removed in the 
        course of the action.
    ``(E) Except as provided in subparagraph (D), the Secretary may not 
require a non-Federal person to carry out under this section any 
measures to minimize or mitigate the impacts of an agency flood control 
action for which consultation and conferencing is carried out under 
subsections (a)(2) and (a)(4), respectively.''.
    (b) Limitation on Prohibition of Takings.--Section 9(a) of such Act 
(16 U.S.C. 1538(a)) is amended by adding at the end the following new 
paragraph:
    ``(3) This subsection shall not be construed as prohibiting any 
activity that is authorized, funded, or carried out as part of an 
agency flood control action (as defined in section 7(b)(5)(B)) after 
the 60-day period beginning on the date of the completion of 
consultation and conferencing under section 7(a) (2) and (4), 
respectively, regarding the action.''.
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