[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6364 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6364

To amend the Endangered Species Act of 1973 to increase State and local 
                    involvement in management plans.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 12, 2018

Mr. Young of Alaska (for himself, Mr. Gosar, Mr. Cramer, Mr. Biggs, Mr. 
Bishop of Utah, Mr. Duncan of South Carolina, Mr. Meadows, Mr. Norman, 
 Mr. Emmer, Mr. Luetkemeyer, Mr. Marshall, Mrs. Noem, Mr. Stewart, Mr. 
    Banks of Indiana, Mr. Pearce, Mr. McClintock, Mr. Gohmert, Mr. 
Newhouse, and Mr. Estes of Kansas) introduced the following bill; which 
           was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Endangered Species Act of 1973 to increase State and local 
                    involvement in management plans.

    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 ``Localizing Authority of Management 
Plans Act of 2018'' or the ``LAMP 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. VOLUNTARY COOPERATIVE MANAGEMENT AGREEMENTS.

    Section 6 (16 U.S.C. 1535) is amended by striking so much as 
precedes subsection (c) and inserting the following:

``SEC. 6. COOPERATION WITH NON-FEDERAL PERSONS.

    ``(a) Generally.--In carrying out the program authorized by this 
Act, the Secretary shall cooperate to the maximum extent practicable 
with the States and other non-Federal persons. Such cooperation shall 
include consultation with the States and non-Federal persons concerned 
before acquiring any land or water, or interest therein, for the 
purpose of conserving any endangered species or threatened species.
    ``(b) Cooperative Management Agreements.--
            ``(1) In general.--The Secretary may enter into a 
        cooperative management agreement with any State or group of 
        States, political subdivision of a State, Indian Tribe, local 
        government, or non-Federal person--
                    ``(A) for the management of a species or group of 
                species listed as endangered species or threatened 
                species under section 4, a species or group of species 
                proposed to be listed under section 4, or species or 
                group of species that are candidates for listing; or
                    ``(B) for the management or acquisition of an area 
                that provides habitat for a species.
            ``(2) Scope of cooperative management agreements.--(A) A 
        cooperative management agreement entered into under this 
        subsection--
                    ``(i) may provide for the management of a species 
                or group of species on both public and private lands 
                and waters that are under the authority, control, or 
                ownership of a State or group of States, political 
                subdivision of a State, Indian Tribe, local government, 
                or non-Federal person and that are affected by a 
                listing determination, proposed determination, or 
                proposed candidacy for determination; and
                    ``(ii) may include the acquisition or management of 
                land as habitat for species.
            ``(B) A cooperative management agreement may not restrict 
        private or non-Federal property unless written consent to such 
        restrictions by the non-Federal owner is given either to the 
        Secretary or the State, political subdivision, local 
        government, or non-Federal person who is a party to the 
        agreement.
            ``(C) The Secretary may grant to a party to an agreement 
        the authority to undertake programs to enhance the population 
        or habitat of a species on federally owned lands, except that 
        such authority shall not otherwise conflict with other uses of 
        such land that are approved by the Secretary or authorized by 
        the Congress.
            ``(D) The Secretary is authorized, in conjunction with 
        entering into and as a part of any agreement under this 
        section, to provide funds to carry out the agreement to a non-
        Federal person, as provided in paragraph (11).
            ``(3) Notification.--Not later than 30 days after 
        submission of a request to enter into a cooperative management 
        agreement, the party submitting the request shall provide 
        notice of the request to any non-Federal person or Federal 
        power marketing administration that would be subject to the 
        proposed cooperative management agreement.
            ``(4) Development of proposed agreement.--(A) The 
        requesting party shall develop and submit to the Secretary a 
        proposed cooperative management agreement.
            ``(B) The Secretary shall--
                    ``(i) publish in the Federal Register--
                            ``(I) a notice of availability of any 
                        proposed cooperative management agreement; and
                            ``(II) a request for submission within 30 
                        days after the date of publication of the 
                        notice, of public comment on such proposed 
                        agreement; and
                    ``(ii) shall hold a public hearing on such a 
                proposed agreement in the county in which the proposed 
                agreement would be in effect, if requested by a non-
                Federal person that would be subject to the proposed 
                agreement and that resides in such county.
            ``(5) Approval of agreement.--(A) Not later than 120 days 
        after the submission of a proposed cooperative management 
        agreement under paragraph (4), the Secretary shall determine 
        whether the proposed agreement is in accordance with this 
        subsection and will promote the conservation of the species to 
        which the proposed agreement applies.
            ``(B) The Secretary shall approve and enter into a proposed 
        cooperative management agreement, if the Secretary finds that--
                    ``(i) the requesting party has sufficient authority 
                under law to implement and carry out the terms of the 
                agreement;
                    ``(ii) the agreement defines an area that serves as 
                habitat for the species or group of species to which 
                the agreement applies;
                    ``(iii) the agreement adequately provides for the 
                administration and management of the identified 
                management area;
                    ``(iv) the agreement promotes the conservation of 
                the species to which the agreement applies by 
                committing Federal or non-Federal efforts to the 
                conservation;
                    ``(v) the term of the agreement is of sufficient 
                duration to accomplish the provisions of the agreement; 
                and
                    ``(vi) the agreement is adequately funded to carry 
                out the agreement.
            ``(C) No later than 30 days after entering into a 
        cooperative management agreement, the Secretary shall publish 
        in the Federal Register a notice of availability of the terms 
        of such agreement and the response of the Secretary to all 
        information received or presented with respect to the agreement 
        pursuant to paragraph (4)(B).
            ``(6) Environmental assessments.--Preparation, approval, 
        and entering into a cooperative management agreement under this 
        subsection shall not be subject to section 102(2) of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
            ``(7) No surprises.--For any species or area that is the 
        subject of a cooperative management agreement under this 
        subsection, a party to the agreement shall not be required--
                    ``(A) to make any additional payment for any 
                purpose, or to accept any additional restriction on any 
                parcel of land available for development or land 
                management under the agreement, without consent of the 
                party; or
                    ``(B) to undertake any other measure to minimize or 
                mitigate impacts on the species in addition to measures 
                required by the agreement as established.
            ``(8) Effect of listing of species.--A cooperative 
        management agreement entered into under this subsection shall 
        remain in effect and shall not be required to be amended if a 
        species to which the agreement does not apply is determined to 
        be an endangered species or threatened species under section 4.
            ``(9) Applicability of certain provisions.--Sections 5, 7, 
        and 9 shall not apply to those activities of a party to a 
        cooperative management agreement that are conducted in 
        accordance with such agreement.
            ``(10) Violations of agreements.--(A) If the Secretary 
        determines that a party to a cooperative management agreement 
        is not administering or acting in accordance with the 
        agreement, the Secretary shall notify the party.
            ``(B) If a party that is notified under subparagraph (A) 
        fails to take appropriate corrective action within a period of 
        time determined by the Secretary to be reasonable (not to 
        exceed 90 days after the date of the notification)--
                    ``(i) the Secretary shall rescind the entire 
                cooperative management agreement or the applicability 
                of the agreement to the party that is the subject of 
                the notification; and
                    ``(ii) beginning on the date of the rescission--
                            ``(I) the entire agreement shall not be 
                        effective, or the agreement shall not be 
                        effective with respect to the party, whichever 
                        is appropriate; and
                            ``(II) sections 5, 7, and 9 shall apply to 
                        activities of the party.
            ``(11) FACA.--Consultation with States pursuant to this 
        section shall not be subject to the Federal Advisory Committee 
        Act (5 U.S.C. App.).''.

SEC. 4. DELEGATION OF AUTHORITY TO STATES.

    (a) In General.--Section 6 (16 U.S.C. 1535) as amended by section 3 
of this Act, is further amended by striking subsection (c) and all that 
follows through subsection (f) and inserting the following:
    ``(c) State Authority To Protect Endangered Species and Threatened 
Species.--
            ``(1) Delegation of authority.--In furtherance of the 
        purposes of this Act, the Secretary may delegate to a State 
        that establishes and maintains an adequate program for the 
        conservation of endangered species and threatened species the 
        authority under this Act with respect to species that are 
        residents in the State. Within 120 days after the Secretary 
        receives a certified copy of such a proposed State program, the 
        Secretary shall make a determination whether such program will 
        be adequate to provide protections to endangered species and 
        threatened species in such State. In order for a State program 
        to be determined to be an adequate program for the conservation 
        of endangered species and threatened species, the Secretary 
        must find that under the State program--
                    ``(A)(i) State agency has authority to conserve 
                resident species that are determined by the State 
                agency or the Secretary to be endangered species or 
                threatened species;
                    ``(ii) the State agency has established acceptable 
                conservation programs, consistent with the purposes and 
                policies of this Act, for all resident species in the 
                State that are determined by the Secretary to be 
                endangered species or threatened species or for those 
                species or taxonomic groups of species that the State 
                proposes to cover under its program, and has furnished 
                to the Secretary a copy of such plan and program 
                together with all pertinent details and information 
                requested by the Secretary;
                    ``(iii) the State agency is authorized to conduct 
                investigations to determine the status and requirements 
                for survival of resident endangered species and 
                threatened species;
                    ``(iv) provision is made for public participation 
                in designating resident species as endangered species 
                or threatened species; and
                    ``(v) the State agency has initiated or encouraged 
                voluntary or incentive based programs to further the 
                conservation objectives for the species; or
                    ``(B)(i) the requirements set forth in clauses 
                (iii) and (iv) of subparagraph (A) are complied with; 
                and
                    ``(ii) plans are included under which immediate 
                attention will be given to those resident species that 
                are determined by the Secretary or the State agency to 
                be endangered species or threatened species and that 
                the Secretary and the State agency agree are most 
                urgently in need of conservation programs.
            ``(2) Contents of delegation agreement.--(A) Such 
        delegation shall provide for--
                    ``(i) the actions to be taken by the Secretary and 
                the States;
                    ``(ii) the benefits that are expected to be derived 
                in connection with the conservation of endangered 
                species or threatened species;
                    ``(iii) the estimated cost of such actions; and
                    ``(iv) the share of such costs to be borne by the 
                Federal Government and by the States; except that--
                            ``(I) the Federal share of such costs shall 
                        not exceed 75 percent of the estimated program 
                        cost stated in the agreement; and
                            ``(II) the Federal share may be increased 
                        to 90 percent if two or more States having a 
                        common interest in one or more endangered 
                        species or threatened species, the conservation 
                        of which may be enhanced by cooperation of such 
                        States, enter jointly into an agreement with 
                        the Secretary.
            ``(3) Compliance with procedures.--In implementing this Act 
        under authority delegated to a State by the Secretary, the 
        State shall comply with all requirements, prohibitions, and 
        procedures set forth by this Act.
            ``(4) Prohibitions not affected.--A delegation to a State 
        whose program is determined adequate under paragraph (1) shall 
        not affect the applicability of prohibitions set forth in or 
        authorized pursuant to section 4(d) or paragraph (1) or (2) of 
        section 9(a) with respect to the taking of any resident 
        endangered species or threatened species in the State.
    ``(d) Financial Assistance.--
            ``(1) In general.--The Secretary may provide financial 
        assistance to any State, through its respective State agency, 
        that has entered into a cooperative management agreement under 
        subsection (b) or received authority under a delegation under 
        subsection (c) of this section to assist in development of 
        programs for the conservation of endangered species and 
        threatened species or to assist in monitoring the status of 
        candidate species pursuant to subparagraph (C) of section 
        4(b)(3) and recovered species pursuant to section 4(f). The 
        Secretary shall allocate among such States each annual 
        appropriation under subsection (i) based on consideration of--
                            ``(A) the international commitments of the 
                        United States to protect endangered species or 
                        threatened species;
                            ``(B) the readiness of a State to proceed 
                        with a conservation program consistent with the 
                        objectives and purposes of this Act;
                            ``(C) the number of endangered species and 
                        threatened species within a State;
                            ``(D) the potential for restoring 
                        endangered species and threatened species 
                        within a State;
                            ``(E) the relative urgency to initiate a 
                        program to restore and protect an endangered 
                        species or threatened species, in terms of 
                        survival of the species;
                            ``(F) the importance of monitoring the 
                        status of candidate species within a State to 
                        prevent a significant risk to the well-being of 
                        any such species; and
                            ``(G) the importance of monitoring the 
                        status of recovered species within a State to 
                        assure that such species do not return to the 
                        point at which the measures provided pursuant 
                        to this Act are again necessary.
                    ``(2) Unobligated amounts.--So much of the annual 
                appropriation made under subsection (i) allocated for 
                obligation to any State for any fiscal year as remains 
                unobligated at the end thereof may be made available to 
                that State until the end of the succeeding fiscal year. 
                Any amount allocated to any State that is unobligated 
                at the end of the period during which it is available 
                for expenditure may be made available for expenditure 
                by the Secretary in conducting programs under this 
                section.
                    ``(3) Advance of funds.--The Secretary may, in the 
                Secretary's discretion, and under such rules and 
                regulations as the Secretary may prescribe, advance 
                funds to the State for financing the United States pro 
                rata share agreed upon in the cooperative agreement. 
                For the purposes of this section, the non-Federal share 
                may, in the discretion of the Secretary, be in the form 
                of money or real property, the value of which shall be 
                determined by the Secretary, whose decision shall be 
                final.
    ``(e) Review of State Programs.--Any action taken by the Secretary 
under this section shall be subject to his periodic review at intervals 
of no greater intervals 5 years.
    ``(f) Conflicts Between Federal and State Laws.--Any State law or 
regulation that applies with respect to the importation or exportation 
of, or interstate or foreign commerce in, endangered species or 
threatened species is void to the extent that it may effectively--
            ``(1) permit what is prohibited by this Act or by any 
        regulation that implements this Act; or
            ``(2) prohibit what is authorized pursuant to an exemption 
        or permit provided for in this Act or in any regulation that 
        implements this Act. This Act shall not otherwise be construed 
        to void any State law or regulation that is intended to 
        conserve migratory, resident, or introduced fish or wildlife, 
        or to permit or prohibit sale of such fish or wildlife. Any 
        State law or regulation respecting the taking of an endangered 
        species or threatened species may be more restrictive than the 
        exemptions or permits provided for in this Act or in any 
        regulation that implements this Act.''.
    (b) Conforming Amendment.--Section 6(g)(2)(A) (16 U.S.C. 
1535(g)(2)(A)) is amended to read as follows:
                    ``(A) to which the Secretary has delegated 
                authority under subsection (c); or''.

SEC. 5. FACA.

    Section 6 (16 U.S.C. 1535), as amended by sections 3 and 4 of this 
Act, is further amended by adding at the end the following:
    ``(j) FACA.--Consultation with States regarding this section shall 
not be subject to the Federal Advisory Committee Act (5 U.S.C. 
App.).''.
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