[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6344 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6344

  To amend the Endangered Species Act of 1973 to encourage voluntary 
                         conservation efforts.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 12, 2018

   Mr. Tipton (for himself, Mr. Gosar, Mr. Marshall, Mr. Biggs, Mr. 
  Luetkemeyer, Mr. Duncan of South Carolina, Mr. Bishop of Utah, Mr. 
Abraham, Mr. Norman, Mr. Banks of Indiana, Mr. Stewart, Mrs. Noem, Mr. 
Estes of Kansas, Mr. Newhouse, Mr. Schrader, and Mr. Walden) introduced 
  the following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
  To amend the Endangered Species Act of 1973 to encourage voluntary 
                         conservation efforts.

    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 ``Land Ownership Collaboration 
Accelerates Life Act of 2018'' or the ``LOCAL Act of 2018''.

SEC. 2. REFERENCES.

    Except as otherwise specifically provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a provision, the reference shall be considered to be made to a 
provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.).

SEC. 3. THREATENED AND ENDANGERED SPECIES INCENTIVES PROGRAM.

    Section 5 (16 U.S.C. 1534) is amended by adding at the end the 
following:
    ``(c) Threatened and Endangered Species Incentives Program.--
            ``(1) The Secretary may enter into species recovery 
        agreements pursuant to paragraph (2) and species conservation 
        contract agreements pursuant to paragraph (3) with persons, 
        other than agencies or departments of the Federal Government or 
        State governments, under which the Secretary is obligated, 
        subject to the availability of appropriations, to make annual 
        payments or provide other compensation to the persons to 
        implement the agreements.
            ``(2)(A) The Secretary and persons who are property owners 
        of private land or water may enter into species recovery 
        agreements with a term of not less than 5 years that meet the 
        criteria set forth in subparagraph (B) and are in accordance 
        with the priority established in subparagraph (C).
            ``(B) A species recovery agreement entered into under this 
        paragraph by the Secretary with a person--
                    ``(i) shall require that the person shall carry 
                out, on the property owner's land or water, activities 
                that--
                            ``(I) protect, enhance, or restore other 
                        areas to become habitat for species determined 
                        to be endangered species or threatened species;
                            ``(II) contribute to the recovery of one or 
                        more covered species; and
                            ``(III) specify and implement a management 
                        plan for the covered species;
                    ``(ii) shall specify such a management plan that 
                includes--
                            ``(I) identification of the covered 
                        species;
                            ``(II) a description of the land or water 
                        to which the agreement applies; and
                            ``(III) a description of, and a schedule to 
                        carry out, the activities under clause (i);
                    ``(iii) shall provide sufficient documentation to 
                establish property ownership with respect to which the 
                agreement applies;
                    ``(iv) shall include the amounts of the annual 
                payments or other compensation to be provided by the 
                Secretary to the person under the agreement from funds 
                appropriated under section 18(a)(1), and the terms 
                under which such payments or compensation shall be 
                provided; and
                    ``(v) shall include--
                            ``(I) the duties of the person;
                            ``(II) the duties of the Secretary;
                            ``(III) the terms and conditions under 
                        which the person and the Secretary mutually 
                        agree the agreement may be modified or 
                        terminated; and
                            ``(IV) acts or omissions by the person or 
                        the Secretary that shall be considered 
                        violations of the agreement, and procedures 
                        under which notice of and an opportunity to 
                        remedy any violation by the person or the 
                        Secretary shall be given.
            ``(C) In entering into species recovery agreements under 
        this paragraph, the Secretary shall accord priority to 
        agreements based on the best available scientific data and that 
        identify specific areas that are of special value to the 
        recovery of the species concerned.
            ``(3)(A) The Secretary and a property owner may enter into 
        a species conservation contract agreement with a term of 30 
        years, 20 years, or 10 years that meets the criteria set forth 
        in subparagraph (B) and standards set forth in subparagraph (D) 
        and is in accordance with the priorities established in 
        subparagraph (C).
            ``(B) A species conservation contract agreement entered 
        into under this paragraph by the Secretary with a person--
                    ``(i) shall provide that the person shall, on the 
                property owner's land or water--
                            ``(I) carry out conservation practices to 
                        meet one or more of the goals set forth in 
                        clauses (i) through (iii) of subparagraph (C) 
                        for one or more species that are determined to 
                        be endangered species or threatened species 
                        pursuant to section 4(a)(1), species determined 
                        to be candidate species pursuant to section 
                        4(b)(3)(B)(iii), or species subject to 
                        comparable designations under State law; and
                            ``(II) specify and implement a management 
                        plan for the covered species;
                    ``(ii) shall specify such a management plan that 
                includes--
                            ``(I) identification of the covered 
                        species;
                            ``(II) a description in detail of the 
                        conservation practices for the covered species 
                        that the person shall undertake;
                            ``(III) a description of the land or water 
                        to which the agreement applies;
                            ``(IV) a schedule of approximate deadlines, 
                        whether one-time or periodic, for undertaking 
                        the conservation practices described pursuant 
                        to subclause (II); and
                            ``(V) a description of existing or future 
                        activities on the land or water to which the 
                        agreement applies that are compatible with the 
                        conservation practices described pursuant to 
                        subclause (II) and generally with conservation 
                        of the covered species;
                    ``(iii) shall specify the term of the agreement; 
                and
                    ``(iv) shall include--
                            ``(I) the duties of the person;
                            ``(II) the duties of the Secretary;
                            ``(III) the terms and conditions under 
                        which the person and the Secretary mutually 
                        agree the agreement may be modified or 
                        terminated;
                            ``(IV) acts or omissions by the person or 
                        the Secretary that shall be considered 
                        violations of the agreement, and procedures 
                        under which notice of and an opportunity to 
                        remedy any violation by the person or the 
                        Secretary shall be given; and
                            ``(V) terms and conditions for early 
                        termination of the agreement by the person 
                        before the management plan is fully implemented 
                        or termination of the agreement by the 
                        Secretary in the case of a violation by the 
                        person that is not remedied under subclause 
                        (IV), including any requirement for the person 
                        to refund all or part of any payments received 
                        under subparagraph (E) and any interest 
                        thereon.
            ``(C) The Secretary shall establish priorities for the 
        selection of species conservation contract agreements, or 
        groups of such agreements for adjacent or proximate lands or 
        water, to be entered into under this paragraph that address the 
        following factors:
                    ``(i) The potential of the land or water to which 
                the agreement or agreements apply to contribute to the 
                conservation of an endangered species or threatened 
                species or a species with a comparable designation 
                under State law.
                    ``(ii) The potential of such land or water to 
                contribute to the improvement of the status of a 
                candidate species or a species with a comparable 
                designation under State law.
                    ``(iii) The amount of acreage of such land or 
                water.
                    ``(iv) The number of covered species in the 
                agreement or agreements.
                    ``(v) The degree of urgency for the covered species 
                to implement the conservation practices in the 
                management plan or plans under the agreement or 
                agreements.
                    ``(vi) Land or water in close proximity to military 
                test and training ranges, installations, and associated 
                airspace that is affected by a covered species.
            ``(D) The Secretary shall enter into a species conservation 
        contract agreement submitted by a person that complies with 
        this paragraph, if the Secretary finds that the person's 
        property ownership will allow implementation of the management 
        plan under the agreement.
            ``(E)(i) Upon entering into a species conservation contract 
        agreement with the Secretary pursuant to this paragraph, a 
        person shall receive the financial assistance provided for in 
        this subparagraph.
            ``(ii) If the person is implementing fully the agreement, 
        the person shall receive from the Secretary--
                    ``(I) in the case of a 30-year agreement, an annual 
                contract payment in an amount equal to 100 percent of 
                the person's actual costs to implement the conservation 
                practices described in the management plan under the 
                terms of the agreement;
                    ``(II) in the case of a 20-year agreement, an 
                annual contract payment in an amount equal to 80 
                percent of the person's actual costs to implement the 
                conservation practices described in the management plan 
                under the terms of the agreement; and
                    ``(III) in the case of a 10-year agreement, an 
                annual contract payment in an amount equal to 60 
                percent of the person's actual costs to implement the 
                conservation practices described in the management plan 
                under the terms of the agreement.
            ``(iii)(I) If the person receiving contract payments 
        pursuant to clause (ii) receives any other State or Federal 
        funds to defray the cost of any conservation practice required 
        by the agreement, the cost of such practice shall not be 
        eligible for such contract payments.
            ``(II) Contributions of agencies or organizations to any 
        conservation practice other than the funds described in 
        subclause (I) shall not be considered as costs of the person 
        for purposes of the contract payments pursuant to clause (iii).
            ``(F) A species conservation contract agreement may list 
        other Federal program payments that incidentally contribute to 
        conservation of a listed species. The head of a Federal agency 
        shall not use the payments for the purposes of implementing the 
        species conservation contract agreement.
            ``(4)(A) Upon request of a person seeking to enter into an 
        agreement pursuant to this subsection, the Secretary may 
        provide to such person technical assistance in the preparation, 
        and management training for the implementation, of the 
        management plan for the agreement.
            ``(B) Any State agency, local government, nonprofit 
        organization, or federally recognized Indian tribe may provide 
        assistance to a person in the preparation of a management plan, 
        or participate in the implementation of a management plan, 
        including identifying and making available certified fisheries 
        or wildlife biologists with expertise in the conservation of 
        species for purposes of the preparation or review and approval 
        of management plans for species conservation contract 
        agreements.
            ``(5) Upon any conveyance or other transfer of interest in 
        land or water that is subject to an agreement under this 
        subsection--
                    ``(A) the agreement shall terminate if the 
                agreement does not continue in effect under 
                subparagraph (B);
                    ``(B) the agreement shall continue in effect with 
                respect to such land or water, with the same terms and 
                conditions, if the person to whom the land, water, or 
                interest is conveyed or otherwise transferred notifies 
                the Secretary of the person's election to continue the 
                agreement by no later than 30 days after the date of 
                the conveyance or other transfer and the person is 
                determined by the Secretary to qualify to enter into 
                such agreement under this subsection; or
                    ``(C) the person to whom the land, water, or 
                interest is conveyed or otherwise transferred may seek 
                a new agreement under this subsection.
            ``(6) An agreement under this subsection may be renewed 
        with the mutual consent of the Secretary and the person who 
        entered into the agreement or to whom the agreement has been 
        transferred under paragraph (5).
            ``(7) The Secretary shall make annual payments under this 
        subsection as soon as possible after December 31 of each 
        calendar year.
            ``(8) An agreement under this subsection that applies to a 
        species shall be deemed to be a permit under section 10(a)(1) 
        to conduct all recovery, conservation, and other activities 
        that are specified in the management plan and to enhance the 
        propagation or survival of such species.
            ``(9) The Secretary, or any other Federal official, may not 
        require a person to enter into an agreement under this 
        subsection as a term or condition of any right, privilege, or 
        benefit, or of any action or refraining from any action, under 
        this Act.
            ``(10) In this subsection the term `property owner' means a 
        person that holds a fee simple, leasehold, or other interest in 
        property (including an owner of water or other natural 
        resources), or any other person who holds a property interest, 
        sufficient to carry out the proposed management activities, 
        subject to applicable State law, on non-Federal land.''.

SEC. 4. HABITAT RESERVE AGREEMENTS.

    Section 10 (16 U.S.C. 1539) amended by adding at the end the 
following:
    ``(k) Habitat Reserve Agreements.--
            ``(1) Program.--The Secretary shall establish a habitat 
        reserve program to be implemented through contracts or 
        easements of a mutually agreed on duration to assist non-
        Federal property owners to preserve and manage suitable habitat 
        for endangered species and threatened species.
            ``(2) Agreements.--The Secretary may enter into a habitat 
        reserve agreement with a non-Federal property owner to protect, 
        manage, or enhance suitable habitat on private property for the 
        benefit of endangered species or threatened species. Under an 
        agreement, the Secretary shall make payments in an agreed on 
        amount to the property owner for carrying out the terms of the 
        habitat reserve agreement, if the activities undertaken 
        pursuant to the agreement are not otherwise required by this 
        Act.
            ``(3) Standards and guidelines.--The Secretary shall issue 
        standards and guidelines for the development and approval of 
        habitat reserve agreements in accordance with this subsection. 
        Agreements shall, at a minimum, specify the management 
        measures, if any, that the property owner will implement for 
        the benefit of endangered species or threatened species, the 
        conditions under which the property may be used, the nature and 
        schedule for any payments agreed on by the parties to the 
        agreement, and the duration of the agreement.
            ``(4) Payments.--Any payment received by a property owner 
        under a habitat reserve agreement shall be in addition to and 
        shall not affect the total amount of payments that the property 
        owner is otherwise entitled to receive under Federal law.
            ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary of the Interior 
        $27,500,000 and the Secretary of Commerce $13,333,333 for each 
        of fiscal years 2019 through 2024 to assist non-Federal 
        property owners to carry out the terms of habitat reserve 
        programs under this subsection.''.

SEC. 5. PRIVATE PARTY CONSERVATION GRANTS.

    (a) In General.--Section 13 (consisting of amendments to other 
laws, which have executed) is amended to read as follows:

                    ``private property conservation

    ``Sec. 13.  (a) In General.--The Secretary may provide conservation 
grants (in this section referred to as `grants') to promote the 
voluntary conservation of endangered species and threatened species by 
owners of private property and shall provide financial conservation aid 
(in this section referred to as `aid') to alleviate the burden of 
conservation measures imposed upon private property owners by this Act. 
The Secretary may provide technical assistance when requested to 
enhance the conservation effects of grants or aid.
    ``(b) Awarding of Grants and Aid.--Grants to promote conservation 
of endangered species and threatened species on private property--
            ``(1) may not be used to fund litigation, general 
        education, general outreach, lobbying, or solicitation;
            ``(2) may not be used to acquire leases or easements of 
        more than 50 years duration or fee title to private property;
            ``(3) must be designed to directly contribute to the 
        conservation of an endangered species or threatened species by 
        increasing the species' numbers or distribution; and
            ``(4) must be supported by any private property owners on 
        whose property any grant funded activities are carried out.
    ``(c) Priority.--Priority shall be accorded among grant requests in 
the following order:
            ``(1) Grants that promote conservation of endangered 
        species or threatened species on private property while making 
        economically beneficial and productive use of the private 
        property on which the conservation activities are conducted.
            ``(2) Grants that develop, promote, or use techniques to 
        increase the distribution or population of an endangered 
        species or threatened species on private property.
            ``(3) Other grants that promote voluntary conservation of 
        endangered species or threatened species on private property.
    ``(d) Eligibility for Aid.--(1) The Secretary shall award aid to 
private property owners who--
            ``(A) received a written determination under section 10(l) 
        finding that the proposed use of private property would not 
        comply with section 9(a); or
            ``(B) receive notice under section 10(l)(10) that a written 
        determination has been withdrawn.
    ``(2) Aid shall be in an amount no less than the fair market value 
of the use that was proposed by the property owner if--
            ``(A) the owner has foregone the proposed use;
            ``(B) the owner has requested financial aid--
                    ``(i) within 180 days after the Secretary's 
                issuance of a written determination that the proposed 
                use would not comply with section 9(a); or
                    ``(ii) within 180 days after the property owner is 
                notified of a withdrawal under section 10(l)(10); and
            ``(C) the foregone use would be lawful under State and 
        local law and the property owner has demonstrated that the 
        property owner has the means to undertake the proposed use.
    ``(e) Distribution of Grants and Aid.--(1) The Secretary shall pay 
eligible aid--
            ``(A) within 270 days after receipt of a request for aid 
        unless there are unresolved questions regarding the fair market 
        value; or
            ``(B) at the resolution of any questions concerning the 
        fair market value established under subsection (g).
    ``(2) All grants provided under this section shall be paid on the 
last day of the fiscal year. Aid shall be paid based on the date of the 
initial request.
    ``(f) Documentation of the Foregone Use.--Within 30 days after the 
request for aid, the Secretary shall enter into negotiations with the 
property owner regarding the documentation of the foregone proposed use 
through such mechanisms that would benefit the species such as contract 
terms, lease terms, deed restrictions, easement terms, or transfer of 
title. If the Secretary and the property owner are unable to reach an 
agreement, then, within 60 days after the request for aid, the 
Secretary shall determine how the property owner's foregone use shall 
be documented to benefit the species with the least impact on the 
ownership interests of the property owner necessary to document the 
foregone use, which shall not include transfer of title.
    ``(g) Fair Market Value.--For purposes of this section, the fair 
market value of the foregone use of the affected portion of the private 
property, including business losses, is what a willing buyer would pay 
to a willing seller in an open market. Fair market value shall take 
into account the likelihood that the foregone use would be approved 
under State and local law. The fair market value shall be determined 
within 180 days after the documentation of the foregone use. The fair 
market value shall be determined jointly by 2 licensed independent 
appraisers, one selected by the Secretary and one selected by the 
property owner. If the 2 appraisers fail to agree on fair market value, 
the Secretary and the property owner shall jointly select a third 
licensed appraiser whose appraisal within an additional 90 days shall 
be the best and final offer by the Secretary. Within one year after the 
date of enactment of this subsection, the Secretary shall promulgate 
regulations regarding selection of the jointly selected appraisers 
under this subsection.
    ``(h) Limitation on Aid Availability.--Any person receiving aid 
under this section may not receive additional aid under this section 
for essentially the same foregone use of the same property and for the 
same period of time.
    ``(i) Annual Reporting.--The Secretary shall by January 15 of each 
year provide a report of all aid and grants awarded under this section 
to the Committee on Natural Resources of the House of Representatives 
and the Environment and Public Works Committee of the Senate and make 
such report electronically available to the general public on the 
internet.''.
    (b) Written Determination of Compliance.--Section 10 (16 U.S.C. 
1539) (as amended by section 4) is further amended by adding at the end 
the following:
    ``(l) Written Determination of Compliance.--
            ``(1) A property owner (in this subsection referred to as a 
        `requestor') may request the Secretary to make a written 
        determination that a proposed use of the owner's property that 
        is lawful under State and local law will comply with section 
        9(a), by submitting a written description of the proposed 
        action to the Secretary by certified mail.
            ``(2) A written description of a proposed use is deemed to 
        be sufficient for consideration by the Secretary under 
        paragraph (1) if the description includes--
                    ``(A) the nature, the specific location, the 
                lawfulness under State and local law, and the 
                anticipated schedule and duration of the proposed use, 
                and a demonstration that the property owner has the 
                means to undertake the proposed use; and
                    ``(B) any anticipated adverse impact to a species 
                that is included on a list published under 4(c)(1) that 
                the requestor reasonably expects to occur as a result 
                of the proposed use.
            ``(3) The Secretary may request and the requestor may 
        supply any other information that either believes will assist 
        the Secretary to make a determination under paragraph (1).
            ``(4) If the Secretary does not make a determination 
        pursuant to a request under this subsection because of the 
        omission from the request of any information described in 
        paragraph (2), the requestor may submit a subsequent request 
        under this subsection for the same proposed use.
            ``(5)(A) Subject to subparagraph (B), the Secretary shall 
        provide to the requestor a written determination of whether the 
        proposed use, as proposed by the requestor, will comply with 
        section 9(a), by not later than expiration of the 180-day 
        period beginning on the date of the submission of the request.
            ``(B) The Secretary may request, and the requestor may 
        grant, a written extension of the period under subparagraph 
        (A).
            ``(C) The Secretary may extend the period that applies 
        under paragraph (5) by up to 180 days if--
                    ``(i) the Secretary, after consideration of the 
                best available science, demonstrates that seasonal or 
                biological considerations preclude a determination 
                within the period that would otherwise apply; and
                    ``(ii) the requestor consents to such extension.
            ``(6) If the Secretary fails to provide a written 
        determination before the expiration of the period under 
        paragraph (5)(A) (or any extension thereof under paragraph 
        (5)(B)), the Secretary is deemed to have determined that the 
        proposed use complies with section 9(a).
            ``(7) This subsection shall not apply with respect to 
        agency actions that are subject to consultation under section 
        7.
            ``(8) Any use or action taken by the property owner in 
        reasonable reliance on a written determination of compliance 
        under paragraph (5) or on the application of paragraph (6) 
        shall not be treated as a violation of section 9(a).
            ``(9) Any determination of compliance under this subsection 
        shall remain effective--
                    ``(A) in the case of a written determination 
                provided under paragraph (5)(A), for the 10-year period 
                beginning on the date the written determination is 
                provided; or
                    ``(B) in the case of a determination that under 
                paragraph (6) the Secretary is deemed to have made, the 
                5-year period beginning on the first date the Secretary 
                is deemed to have made the determination.
            ``(10) The Secretary may withdraw a determination of 
        compliance under this section only if the Secretary determines 
        that, because of unforeseen changed circumstances, the 
        continuation of the use to which the determination applies 
        would preclude conservation measures essential to the survival 
        of any endangered species or threatened species. Such a 
        withdrawal shall take effect 5 days after the date the 
        requestor receives from the Secretary, by certified mail, 
        notice of the withdrawal.''.

SEC. 6. HABITAT CONSERVATION PLANNING LOAN PROGRAM.

    Section 10(a) (16 U.S.C. 1539(a)) is amended by adding at the end 
the following:
            ``(3) Habitat conservation planning loan program.--
                    ``(A) Establishment.--There is established a 
                `Habitat Conservation Planning Loan Program' (referred 
                to in this paragraph as the `Program') under which the 
                Secretary may make no-interest loans to assist in the 
                development of a conservation plan under this section.
                    ``(B) Eligibility.--Any State, county, 
                municipality, or other political subdivision of a State 
                shall be eligible to receive a loan under the Program.
                    ``(C) Loan limits.--The amount of any loan may not 
                exceed the total financial contribution of the other 
                parties participating in the development of the plan.
                    ``(D) Criteria.--In determining whether to make a 
                loan, the Secretary shall consider--
                            ``(i) the number of species covered by the 
                        plan;
                            ``(ii) the extent to which there is a 
                        commitment to participate in the planning 
                        process from a diversity of interests 
                        (including local governmental, business, 
                        environmental, and property owner interests);
                            ``(iii) the likely benefits of the plan; 
                        and
                            ``(iv) such other factors as the Secretary 
                        considers appropriate.
                    ``(E) Term of the loan.--
                            ``(i) In general.--Except as provided in 
                        clauses (ii) and (iii), a loan made under this 
                        paragraph shall be for a term of ten years.
                            ``(ii) Advanced repayments.--If no 
                        conservation plan is developed within three 
                        years after the date of the loan, the loan 
                        shall be for a term of four years. If no permit 
                        is issued under paragraph (1)(B) with respect 
                        to the conservation plan within four years 
                        after the date of the loan, the loan shall be 
                        for a term of five years.
                            ``(iii) Delay in beginning of term.--The 
                        Secretary shall delay the beginning of the term 
                        of a loan as necessary to allow the borrower to 
                        obtain any permit under section 10 that is 
                        necessary to carry out activities to be 
                        conducted with the loan.''.
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