Summary: S.3159 — 102nd Congress (1991-1992)All Information (Except Text)

There is one summary for S.3159. Bill summaries are authored by CRS.

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Introduced in Senate (08/10/1992)

Progressive Endangered Species Act of 1992 - Amends the Endangered Species Act of 1973 to exclude subspecies, distinct populations, and similarly appearing but unlisted species from its coverage.

Changes the standards for determining whether species are endangered or threatened. Requires the destruction of a species to be imminent, not merely threatened. Requires overutilization to be present or imminent. Requires that consideration of natural or manmade factors affecting continued existence of a species be indicated by adequate and verifiable scientifically valid data.

Requires the Secretary of the Interior to make such determination solely on the basis of analysis of adequate and verifiable scientifically valid data sufficient to reach conclusions meeting reasonable scientific standards.

Subjects such determinations to judicial review if sought by an affected party.

Repeals the requirement that, in developing and implementing recovery plans, the Secretary give priority to species that are, or may be, in conflict with construction or other development projects or other forms of economic activity.

Requires any recovery plan, among other things, to describe: (1) the costs to the Federal, State, and local governments of carrying it out; (2) the least costly alternatives for conservation; (3) the projected economic impact by economic sector; (4) identifiable economic and social benefits of conserving the species; (5) private property expected to be adversely impacted by species conservation and private property rights to be taken as a result of plan implementation, as well as the cost of compensation for the property and property rights; and (6) conflicts and potential conflicts with State laws.

Prohibits any professional scientific organization or person who has been directly or indirectly involved in the petition process for the listing of a species or designation of a critical habitat from participating in the preparation of a recovery or stabilization plan for the species or receiving compensation for such participation.

Requires the Secretary to develop a less expensive species stabilization plan whenever the total cost of developing and implementing a recovery plan exceeds $10,000,000. Requires a stabilization plan to address many of the issues required by this Act for recovery plans.

Delists, by a certain date, any species for which a stabilization plan is required unless listing is extended by law.

Requires the Secretary to ensure that at least 30 percent of total annual expenditures of grants, and at least one third of the total projects in at least one third of the States receiving grant funds, shall be spent on voluntary, cooperative efforts to enhance the habitat, habitat availability, or population of endangered, threatened, or candidate species on private property. Allows such efforts to include purchase of conservation easements of up to 20 years in duration.

Creates the Cooperative Endangered Species Conservation Fund.

Abolishes the Endangered Species Committee.

Allows the: (1) taking of endangered species of fish or wildlife within the United States or its territoral sea if necessary for the protection of human life; and (2) the sale or offer for sale of such species if such actions serve to better the chances of species survival.

Declares that, in granting permission for importation or exportation of African elephant ivory, the Secretary shall not vary the requirements for obtaining the permission on the basis of the value or quantity of ivory imported or exported under the permission.

Prohibits the designation of any release habitat without prior, written permission of the landowner.

Creates a defense against any charge of harm or harass if a property owner (or authorized agent) has modified or managed non-critical habitat or -reserved property for at least three years in a manner designed to benefit a listed species if the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, as appropriate, is notified in writing of possible adverse effect on the species in question before commencing the habitat modification. Authorizes the Secretary to notify the party giving such notice of any scientific analysis and determination that a proposed action does not constitute a net benefit to the species.

Requires the Secretary, acting through the Fish and Wildlife Service, to report annually to the Congress an accounting on a species-by-species basis of all reasonably identifiable and unidentified Federal expenditures by year and as a running total made primarily for the conservation for stabilization of endangered or threatened species.

Directs the Secretary to request the National Academy of Science to determine and report to specified congressional committees an objective and measurable definition of subspecies.

Declares that no regulation under this Act shall become effective until the issuing agency is certified by the Attorney General to be in compliance with specified procedures established to assess the potential for the taking of private property in the course of Federal regulatory activity, with the goal of minimizing the taking if possible.

Allows to private property owners a Federal income tax credit for 110 percent of the State and local taxes assessed in a calendar year against any such property that has been designated as critical habitat, or is occupied by an introduced population and is managed primarily for conservation or stabilization of an endangered or threatened species. Allows as a deduction against adjusted gross income any expenses incurred with respect to the manipulation or preservation of habitat or other actions taken to benefit a candidate or endangered or threatened species.

Establishes the United States Biodiversity Foundation, which shall award grants and contracts for projects (recommended by a National Biodiversity Science Advisory Panel) that will further the conservation, management, propagation, or sustainable use of rare, threatened, or endangered fish, wildlife, and plant resources. Declares that any actions taken pursuant to and in accordance with a Foundation grant or contract shall be considered in compliance with the Endangered Species Act of 1973, and shall not require compliance with the National Environmental Policy Act of 1969.

Authorizes appropriations.