H.R.4045 - Endangered Species Act Amendments of 1992102nd Congress (1991-1992)
|Sponsor:||Rep. Studds, Gerry E. [D-MA-10] (Introduced 11/26/1991)|
|Committees:||House - Merchant Marine and Fisheries|
|Latest Action:||House - 12/09/1991 Executive Comment Requested from USDA, Commerce, Interior. (All Actions)|
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Text: H.R.4045 — 102nd Congress (1991-1992)All Information (Except Text)
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Introduced in House
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.'.