Text: H.R.4045 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 4045 SC
102d CONGRESS
2d Session
 H. R. 4045
To reauthorize and amend the Endangered Species Act in order to strengthen
programs for the conservation of threatened and endangered species, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 26, 1991
Mr. STUDDS (for himself, Mr. DINGELL, Mr. HUGHES, Mr. HERTEL, Mr. BENNETT,
Mr. SOLARZ, Mr. BROWN, Mr. BEILENSON, Mr. SAXTON, Mr. RAVENEL, Mr. GILCHREST,
Mr. DELLUMS, Mr. ROYBAL, Mrs. SCHROEDER, Mr. KOSTMAYER, Mr. VENTO, Mr. MARKEY,
Mr. STARK, Mr. BERMAN, Mr. WEISS, Mr. EDWARDS of California, Mr. ACKERMAN,
Mr. DWYER of New Jersey, Mr. ATKINS, Mr. JONTZ, Mr. MRAZEK, Mr. MFUME,
Mrs. MINK, Mr. SMITH of Florida, Mrs. BOXER, and Mr. SIKORSKI) introduced
the following bill; which was referred to the Committee on Merchant Marine
and Fisheries
APRIL 28, 1992
Additional sponsors: Ms. SLAUGHTER, Ms. NORTON, Mrs. MORELLA, Ms. PELOSI,
Mr. COYNE, Mr. NEAL of North Carolina, Mr. BONIOR, Mr. FRANK of Massachusetts,
Mr. WOLPE, Mr. JONES of Georgia, Mr. MINETA, Mr. SANDERS, Mr. MAVROULES,
Mr. CONYERS, Mr. FALEOMAVAEGA, Ms. HORN, Mr. SCHEUER, Mr. BRYANT, Mr. FASCELL,
Mr. ABERCROMBIE, Mr. WAXMAN, Mr. YATES, Mr. KOLTER, Mr. EVANS, Mr. ROSE,
Mr. TRAXLER, Mr. SKAGGS, Mr. FORD of Michigan, Mr. SANGMEISTER, Mr. ANDREWS of
Maine, Mr. PANETTA, Mr. LEVIN of Michigan, Ms. KAPTUR, Mr. CARDIN, Mr. MILLER
of California, Mr. TOWNS, Mr. MORAN, Mr. MCDERMOTT, Mr. GREEN of New York,
Mr. SHAYS, Mr. PETERSON of Minnesota, Mr. MCMILLEN of Maryland, Mr. COLEMAN
of Texas, and Mr. Lehman of Florida
A BILL
To reauthorize and amend the Endangered Species Act in order to strengthen
programs for the conservation of threatened and endangered species, 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.
  This Act may be cited as the `Endangered Species Act Amendments of 1992'.
SEC. 2. PURPOSE.
  (a) PURPOSE- The purpose of this Act is to reauthorize and amend the
  Endangered Species Act to improve its effectiveness in conserving threatened
  and endangered species.
TITLE I--RECOVERY PLANS
SEC. 101. ADOPTION AND IMPLEMENTATION OF RECOVERY PLANS.
  (a) Section 4(f)(1) is amended to read as follows:
  `(f)(1) RECOVERY PLANS- For those species for which recovery plans have
  not been developed as of December 31, 1992, the Secretary shall, not
  later than December 31, 1996, develop and implement plans (hereinafter
  in this subsection referred to as `recovery plans') for the conservation
  and survival of endangered species and threatened species listed pursuant
  to this section, unless he finds that such a plan will not promote the
  conservation of the species. For those species listed as threatened
  or endangered after December 31, 1992, the Secretary shall develop and
  implement recovery plans not later than two years after the date on which
  the species is listed, unless he finds that such a plan will not promote
  the conservation of the species. In developing and implementing recovery
  plans, the Secretary shall, to the maximum extent practicable--
  `(A) give priority to the development of integrated multispecies recovery
  plans for maintaining and restoring ecosystems or ecological communities
  containing two or more threatened species, endangered species, or species
  for which a finding under section 4(b)(3)(B)(iii) has been made, and
  which are likely to benefit from an integrated recovery plan addressing the
  conservation survival, and recovery needs of such species. In the development
  of such integrated recovery plans, the Secretary shall also give priority
  to those areas where conflicts between species conservation and development
  projects or other forms of economic activity exist or are likely to exist.
  `(B) incorporate in each recovery plan--
  `(i) a description of such site-specific management actions as may
  be necessary to achieve the recovery plan's goal for the conservation,
  survival, and recovery of the species, and the maintenance or restoration
  of the ecosystem or ecological community, addressed by the recovery plan;
  `(ii) objective, measurable criteria which, when met, would result in a
  determination, in accordance with the provisions of this section, that a
  species addressed by the recovery plan be removed from the list; and
  `(iii) estimates of the time required and the cost to carry out those
  measures needed to achieve the plan's goal and to achieve intermediate
  steps toward that goal.'.
TITLE II--PENALTIES AND ENFORCEMENT
SEC. 201. CITIZEN SUITS.
  (a) EMERGENCY EXCEPTION TO 60-DAY NOTICE REQUIREMENT- Subparagraph 2(A)
  of section 11(g) is amended to read as follows:
  `(2)(A) No action may be commenced under subparagraph (1)(A) of this
  section--
  `(i) prior to sixty days after written notice of the violation has been
  given to the Secretary, and to any alleged violator of such provision
  or regulation, except that such action may be brought immediately after
  such notification in the case of an action under this section against any
  person respecting an emergency posing a significant risk to the well-being
  of any listed species of fish or wildlife or plants;'.
SEC. 202. REGULATIONS TO IMPLEMENT CITES.
  (a) The first sentence of section 11(f) is amended by deleting `enforce
  this Act,' and inserting `enforce this Act, carry out the Convention,
  and the resolutions of the parties thereto,'.
TITLE III--HABITAT CONSERVATION PLANS
SEC. 301. HABITAT CONSERVATION PLANNING FUND.
  Add new sections (k) and (1) to section 10 as follows:
  `(k) CANDIDATE SPECIES CONSERVATION PLANNING ASSISTANCE- (1) The Secretary
  may enter into a cooperative agreement with any State, municipality, county,
  or political subdivision of a State, for the purpose of assisting in the
  development of a plan pursuant to this subsection for the conservation of any
  species with respect to which a finding is made under subparagraph (B)(iii)
  of section 4(b)(3) of this Act. Pursuant to such cooperative agreement,
  the Secretary is authorized to make grants and loans for the purpose of
  assisting any such entities in the development of such plans, carrying
  out biological and other studies in connection therewith, and related tasks.
  `(2) To qualify for financial assistance hereunder, the parties to
  a cooperative agreement with the Secretary must commit to undertake a
  planning process that has as its purpose producing a long-term, adequately
  funded plan that will provide reasonable assurance of the survival and
  will not appreciably reduce the likelihood of recovery of the species
  that are the subject of the plan within the plan area. To provide such
  reasonable assurance, the plan must, to the satisfaction of the Secretary
  after opportunity for public comment thereon, (A) cover an area sufficiently
  large in size to encompass adequate suitable habitat within which the species
  can be maintained over the long-term, (B) include reasonable measures such
  as land acquisition, regulatory controls, exotic species controls, and
  active land management that will fully mitigate and offset the effects of
  any activities permitted under the plan that adversely affect the species,
  and (C) include adequate measures for funding its implementation.
  `(3) The Secretary is authorized to provide assistance, including making
  grants or loans hereunder in an amount not to exceed the total financial
  contributions of the other parties to the agreement: Provided, however,
  That the Secretary's contribution may not exceed $500,000 with respect to
  any one plan hereunder. In making grants or loans hereunder, the Secretary
  is authorized to take into account the number of species for which the plan
  is to be developed, the commitment to participate in the planning process
  from a diversity of interests, including local governmental, business,
  environmental, and landowner interests, the likelihood of success of the
  planning effort, and such other factors as the Secretary deems appropriate.
  `(4) Any plan that meets the requirements of paragraph (2) hereof shall
  be treated, upon the listing as endangered or threatened of any species
  for which such plan was developed, as a conservation plan that satisfies
  the requirements of subsection 10(a)(2)(A) of this Act with respect to
  such species.
  `(l) To assist in the development of conservation plans under subsections
  (a)(2) and (k) of this section, in fiscal years after September 30,
  1992, there shall be deposited into a special fund known as the Habitat
  Conservation Planning Fund all sums appropriated pursuant to section
  15(d) of this Act. Such sums shall be administered by the Secretary as a
  revolving fund to support the development of conservation plans by local
  governmental units and interests cooperating therewith pursuant to sections
  (a)(2) and (k) of this section. The Secretary is authorized to make grants
  and interest-free advances from such fund to municipalities, counties, and
  other units of local government for the purpose of assisting such entities
  in developing such conservation plans, carrying out biological and other
  studies required for such plans, and related tasks. The Secretary may advance
  up to $500,000 to one or more local governmental units in connection with
  the development of any single conservation plan. Sums advanced hereunder
  are to be repaid from money generated pursuant to the conservation plan
  within ten years of their advance: Provided, however, That in the event
  that no conservation plan is developed or no permit issued pursuant to
  subparagraph 10(a)(2)(B) of this section within three years of any advance
  hereunder, all sums advanced shall be repayable four years after the date
  of the advance. Sums repaid shall be credited to the fund and available
  for further advances hereunder without further appropriation.'
TITLE IV--AUTHORIZATION OF APPROPRIATIONS
SEC. 401. IN GENERAL.
  (a) IN GENERAL- Except as provided in subsections (b), (c), and (d),
  there are authorized to be appropriated--
  (1) not to exceed $59,000,000 for fiscal year 1993, $67,000,000 for fiscal
  year 1994, $76,500,000 for fiscal year 1995, $87,000,000 for fiscal year
  1996, and $100,000,000 for fiscal year 1997 to enable the Department of
  the Interior to carry out such functions and responsibilities as it may
  have been given under this Act;
  (2) not to exceed $13,500,000 for fiscal year 1993, $15,000,000 for fiscal
  year 1994, $16,500,000 for fiscal year 1995, $18,000,000 for fiscal year
  1996, and $20,000,000 for fiscal year 1997 to enable the Department of
  Commerce to carry out such functions and responsibilities as it may have
  been given under this Act; and
  (3) not to exceed $3,000,000 for fiscal year 1993, $3,300,000 for fiscal
  year 1994, $3,600,000 for fiscal year 1995, $4,000,000 for fiscal year
  1996, and $4,300,000 for fiscal year 1997 to enable the Department of
  Agriculture to carry out its functions and responsibilities with respect
  to the enforcement of this Act and the Convention which pertain to the
  importation or exportation of plants.
  (b) EXEMPTIONS FROM ACT- There are authorized to be appropriated to the
  Secretary to assist him and the Endangered Species Committee in carrying
  out their functions under section 7(e), (g), and (h) not to exceed $625,000
  for each for fiscal years 1993, 1994, 1995, 1996, and 1997.
  (c) CONVENTION IMPLEMENTATION- There are authorized to be appropriated to
  the Department of the Interior for purposes of carrying out section 8A(e)
  not to exceed $600,000 for each of fiscal years 1993, 1994, and 1995,
  and $700,000 for each of fiscal years 1996 and 1997, and such sums shall
  remain available until expended.'
SEC. 402. HABITAT CONSERVATION PLANNING FUND.
  Section 15 is amended by adding the following as a new subsection (d):
  `(d) There are authorized to be appropriated to the Secretary not to exceed
  $20,000,000 for fiscal year 1993 for purposes of establishing the Habitat
  Conservation Planning Fund authorized by section 10(l) of this Act; such
  sums shall remain available until expended.'.