[Senate Report 106-194]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 329
106th Congress                                                   Report
                                 SENATE
 1st Session                                                    106-194

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 REPORTS TO CONGRESS--PROVIDING FOR THE CONTINUATION OF AN ENDANGERED 
                           SPECIES ACT REPORT

                                _______
                                

                October 18, 1999.--Ordered to be printed

                                _______


    Mr. Chafee, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [to accompany S. 1744]

      [Including cost estimate of the Congressional Budget Office]



    The Committee on Environment and Public Works having 
considered the same, reports favorably an original bill (S. 
1744), to amend the Endangered Species Act of 1973 to provide 
that certain species conservation reports shall continue to be 
required to be submitted, and recommends that the bill do pass.

                    General Statement and Background

    The Federal Reports Elimination and Sunset Act of 1995 
(Public Law 104-66), directed the Administration to submit a 
report to the Clerk of the House listing unnecessary statutory 
reporting requirements for Federal agencies. The reporting 
requirements listed by the Administration will sunset on 
December, 21, 1999, unless Congress takes action to retain the 
requirements. While the Environment and Public Works Committee 
is supportive of efforts to eliminate unnecessary reporting 
requirements, several of the reports due to be eliminated are 
useful to the Committee and should be continued.
    One of the reports that should be continued is authorized 
by section 18 of the Endangered Species Act (ESA). Section 18 
of the ESA requires the Fish and Wildlife Service of the 
Department of the Interior to annually report to Congress on 
``reasonably identifiable'' expenditures for the conservation 
of threatened and endangered species. All Federal agencies and 
those States receiving section 6 grant-in-aid funds under the 
ESA are required to provide information for the section 18 
report. The report contains a species-by-species breakdown of 
the Federal and State expenditures for conservation of that 
species.
    The last report was made for fiscal year 1995. In 1995, an 
aggregate total of $312 million was spent on 925 threatened and 
endangered species. Six species, one endangered and 5 
threatened, accounted for roughly half of the reported 
expenditures. The median total expenditure for species 
receiving at least $100 was $30,000. The largest expenditure 
for a species was $35 million for the chinook Salmon in the 
Snake River spring/summer run.
    The cost information provided by the section 18 report is 
crucial to sound wildlife policy. The information provides 
public accountability to wildlife conservation spending and 
helps to indicate areas where inadequate resources are 
hampering conservation efforts. Senator Crapo, Chairman of the 
Fisheries, Wildlife, and Drinking Water Subcommittee, brought 
the importance of the section 18 report to the Committee's 
attention.

                        Objective of Legislation

    The bill continues to require the Secretary of the 
Department of the Interior to submit the report specified under 
section 18 of the Endangered Species Act to the Congress.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes the following 
evaluation of the regulatory impact of the reported bill. The 
reported bill will have no regulatory impact. This bill will 
not have any effect on the personal privacy of individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that this bill would 
impose no Federal intergovernmental unfunded mandates on State, 
local or tribal governments. All of its governmental directives 
are imposed on Federal agencies. The bill does not directly 
impose any private sector mandates.

                          Legislative History

    On September 29, 1999, the Committee on Environment and 
Public Works, in a business meeting, considered a draft bill to 
provide that certain environmental reports shall continue to be 
required to be submitted to the Congress. During consideration 
of the bill, Senator Crapo proposed an amendment to add an 
additional report to the bill. The amendment was agreed to by 
voice vote. The committee voted, by voice vote, to favorably 
report the bill, as amended, and then, by unanimous consent, 
agreed to file the bill as three separate bills. No rollcall 
votes occurred on the measure.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:


                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 13, 1999.


Hon. John H. Chafee, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.


    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for a bill to amend the 
Endangered Species Act of 1973 to provide that certain species 
conservation reports shall continue to be required to be 
submitted.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis, 
who can be reached at 226-2860.
            Sincerely,
                                            Dan L. Crippen.
                              ----------                              


               Congressional Budget Office Cost Estimate

A bill to amend the Endangered Species Act of 1973 to provide that 
        certain species conservation reports shall continue to be 
        required to be submitted, as ordered reported by the Senate 
        Committee on Environment and Public Works on September 29, 1999
    This bill would amend The Endangered Species Act to require 
the U.S. Fish and Wildlife Service to continue to prepare 
annual reports to the Congress on the Federal and State costs 
to implement that Act. The requirement to submit these reports 
would otherwise end on December 21, 1999 under the Federal 
Reports Elimination and Sunset Act of 1995. CBO estimates that 
enacting this legislation would have no significant impact on 
Federal spending because these reports are fully computerized 
and not difficult to produce. The bill would not affect direct 
spending or receipts; therefore, pay-as-you-go procedures would 
not apply. This bill contains no intergovernmental mandates or 
private-sector mandates as defined in the Unfunded Mandates 
Reform ACT and would not affect the budgets of State, local, or 
tribal governments.
    The CBO staff contact for this estimate is Deborah Reis, 
who can be reached at 226-2860. This estimate was approved by 
Peter H. Fontaine, Deputy Assistant Director for Budget 
Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

               UNITED STATES CODE--TITLE 16--CONSERVATION

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                    CHAPTER 35--ENDANGERED SPECIES

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Sec. 1544. Annual cost analysis by Fish and Wildlife Service
    [On] Notwithstanding section 3003 of Public Law 104-66 (31 
U.S.C. 1113 note; 109 Stat. 734), on or before January 15, 
1990, and each January 15 thereafter, the Secretary of the 
Interior, acting through the Fish and Wildlife Service, shall 
submit to the Congress an annual report covering the preceding 
fiscal year which shall contain--
            (1) an accounting on a species by species basis of 
        all reasonably identifiable Federal expenditures made 
        primarily for the conservation of endangered or 
        threatened species pursuant to this chapter; and
            (2) an accounting on a species by species basis of 
        all reasonably identifiable expenditures made primarily 
        for the conservation of endangered or threatened 
        species pursuant to this chapter by States receiving 
        grants under section 1535 of this title.

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