Home > 104th Congressional Bills > H.R. 2276 (eh) To establish the Federal Aviation Administration as an independent establishment in the executive branch, and for other purposes. [Engrossed in House] ...

H.R. 2276 (eh) To establish the Federal Aviation Administration as an independent establishment in the executive branch, and for other purposes. [Engrossed in House] ...


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                                                 Union Calendar No. 420

104th CONGRESS

  2d Session

                               H. R. 2275

                      [Report No. 104-778, Part I]

_______________________________________________________________________

                                 A BILL

      To reauthorize and amend the Endangered Species Act of 1973.

_______________________________________________________________________

                           September 9, 1996

       Reported from the Committee on Resources with an amendment

                           September 9, 1996

 Referral to the Committee on Agriculture extended for a period ending 
                    not later than September 9, 1996

                           September 9, 1996

Committee on Agriculture discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed





                                                 Union Calendar No. 420
104th CONGRESS
  2d Session
                                H. R. 2275

                      [Report No. 104-778, Part I]

      To reauthorize and amend the Endangered Species Act of 1973.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 7, 1995

Mr. Young of Alaska (for himself, Mr. Pombo, Mr. Tauzin, Mr. Brewster, 
  Mr. Doolittle, Mr. Hansen, Mr. Dooley, Mr. Calvert, Mr. Condit, Mr. 
 Stenholm, Mr. Stump, Mr. Smith of Texas, Mr. Gallegly, Mr. Fields of 
    Texas, Mr. Kolbe, Ms. Danner, Mr. Hutchinson, Mr. Hayworth, Mr. 
   Hastings of Washington, Mr. Bonilla, Mr. McHugh, Mr. Dornan, Mr. 
  Herger, Mr. Everett, Mr. Taylor of North Carolina, Mr. Packard, Mr. 
  Cunningham, Mr. Thornberry, Mr. Hayes, Mr. Royce, Mr. Combest, Mr. 
Cooley, Mr. Salmon, Mr. Bono, Mr. Baker of California, Mr. Hunter, Mr. 
Lewis of California, Mrs. Cubin, Mr. McKeon, Mr. Radanovich, Mr. Riggs, 
Mr. Rohrabacher, Mrs. Seastrand, Mr. Thomas, Mr. Allard, Mr. Schaefer, 
Mr. Mica, Mr. Chambliss, Mr. Collins of Georgia, Mr. Linder, Mr. Baker 
    of Louisiana, Mr. Crapo, Mr. Ewing, Mr. Burton of Indiana, Mr. 
   Hostettler, Mr. McIntosh, Mr. Roberts, Mr. Lewis of Kentucky, Mr. 
 Bartlett of Maryland, Mr. Knollenberg, Mr. Emerson, Mr. Hancock, Mr. 
Skeen, Mr. Paxon, Mr. Solomon, Mr. Ballenger, Mr. Jones, Mr. Oxley, Mr. 
 Coburn, Mr. Largent, Mr. Lucas, Mr. Watts of Oklahoma, Mr. Barton of 
Texas, Mr. DeLay, Mr. Sam Johnson of Texas, Mr. Stockman, Mr. Shadegg, 
 Mr. Callahan, Mr. Laughlin, Mrs. Vucanovich, Mr. Tejeda, Mr. Bachus, 
  Mr. Cox of California, Mr. Funderburk, Mr. Boehner, Mr. Crane, Mr. 
   Dreier, Mr. Edwards, Mr. Nethercutt, Mr. Pete Geren of Texas, Mr. 
Ortiz, Mr. Hall of Texas, Mr. Duncan, Mr. McCrery, and Mr. Livingston) 
 introduced the following bill; which was referred to the Committee on 
   Resources, and in addition to the Committee on Agriculture, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

                           September 9, 1996

Additional sponsors: Mr. Dickey, Mr. Chapman, Mr. Shuster, Mr. Ney, Mr. 
 Spence, Mr. Tiahrt, Mr. Camp, Mr. Gekas, Mr. McDade, Mr. Norwood, Mr. 
Deal of Georgia, Mr. Christensen, Mr. Bateman, Mr. Metcalf, Mr. LaHood, 
  Mr. Hastert, Mr. Parker, Ms. Dunn of Washington, Mr. Hoekstra, Mr. 
Myers of Indiana, Mr. Scarborough, Mr. Roth, Mr. Quillen, Mr. Cremeans, 
 Mr. Bryant of Tennessee, Mr. Montgomery, Mr. Barrett of Nebraska, Mr. 
Cramer, Mrs. Myrick, Mr. Tate, Mr. Barr of Georgia, Mr. Rogers, and Mr. 
                               Underwood
   Deleted sponsor: Mr. Martinez (added September 14, 1995; deleted 
                          September 28, 1995)

                           September 9, 1996

       Reported from the Committee on Resources with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           September 9, 1996

 Referral to the Committee on Agriculture extended for a period ending 
                    not later than September 9, 1996

                           September 9, 1996

Committee on Agriculture discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                           September 7, 1995]

_______________________________________________________________________

                                 A BILL


 
      To reauthorize and amend the Endangered Species Act of 1973.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Endangered Species 
Conservation and Management Act of 1995''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to Endangered Species Act of 1973.
Sec. 3. Findings, purposes, and policy of Endangered Species Act of 
                            1973.

 TITLE I--PRIVATE PROPERTY RIGHTS AND VOLUNTARY INCENTIVES FOR PRIVATE 
                            PROPERTY OWNERS

Sec. 101. Compensation for use or taking of private property.
Sec. 102. Voluntary cooperative management agreements.
Sec. 103. Grants for improving and conserving habitat for species.
Sec. 104. Technical assistance programs.
Sec. 105. Water rights.

 TITLE II--IMPROVING ABILITY TO COMPLY WITH THE ENDANGERED SPECIES ACT 
                                OF 1973

Sec. 201. Enforcement procedures.
Sec. 202. Removing punitive disincentives.
Sec. 203. Allowing non-Federal persons to use the consultation 
                            procedures.
Sec. 204. Permitting requirements for incidental takes.
Sec. 205. General, research, and educational permits.
Sec. 206. Maintenance of aquatic habitats for listed species.
Sec. 207. Compliance with international requirements and treaties.
Sec. 208. Incentives for protection of marine species.
Sec. 209. International cooperation to conserve sea turtles.

  TITLE III--IMPROVING SCIENTIFIC INTEGRITY OF LISTING DECISIONS AND 
                               PROCEDURES

Sec. 301. Improving the validity and credibility of decisions.
Sec. 302. Peer review.
Sec. 303. Making data public.
Sec. 304. Improving the petition and designation processes.
Sec. 305. Greater State involvement.
Sec. 306. Monitoring the status of species.
Sec. 307. Petitions to delist species.
Sec. 308. Determinations by the Secretary to delist.

     TITLE IV--RECOGNIZING OTHER FEDERAL ACTION, LAWS, AND MISSIONS

Sec. 401. Balance esa with other laws and missions.
Sec. 402. Exemptions from consultation and conferencing.
Sec. 403. Eliminating the exemption committee (GOD committee).

     TITLE V--BETTER MANAGEMENT AND CONSERVATION OF LISTED SPECIES

Sec. 501. Setting conservation objectives.
Sec. 502. Preparing a conservation plan.
Sec. 503. Interim measures.
Sec. 504. Critical habitat for species.
Sec. 505. Recognition of captive propagation as means of recovery.
Sec. 506. Introduction of species.
Sec. 507. Conserving threatened species.
Sec. 508. Delegation of authority to States.

                     TITLE VI--HABITAT PROTECTIONS

Sec. 601. Federal biological diversity reserve.
Sec. 602. Land acquisition.
Sec. 603. Property exchanges.

TITLE VII--STATE AUTHORITY TO PROTECT ENDANGERED AND THREATENED SPECIES

Sec. 701. State authority.
Sec. 702. State programs affected by the Convention.
Sec. 703. Collaborative rulemaking with the States.

              TITLE VIII--FUNDING OF CONSERVATION MEASURES

Sec. 801. Authorizing increased appropriations.
Sec. 802. Funding of Federal mandates.
Sec. 803. National Endowment for Fish and Wildlife.

                   TITLE IX--MISCELLANEOUS PROVISIONS

Sec. 901. Amendments to definitions.
Sec. 902. Review of species of national interest.
Sec. 903. Preparation of conservation plans for species listed before 
                            enactment of this Act.
Sec. 904. Application of conservation plans for single or multiple 
                            species to habitat conservation plans 
                            approved prior to this Act.
Sec. 905. Washington County, Utah Desert Tortoise Habitat Conservation 
                            Plan.
Sec. 906. Taking of species to conserve listed species.
Sec. 907. Conforming amendments.
Sec. 908. Application of provisions to certified applicators of 
                            registered pesticides.

SEC. 2. REFERENCES TO ENDANGERED SPECIES ACT OF 1973.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to such section or other provision of the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.).

SEC. 3. FINDINGS, PURPOSES, AND POLICY OF ENDANGERED SPECIES ACT OF 
              1973.

    (a) Findings.--Section 2(a) (16 U.S.C. 1531(a)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) various species of fish, wildlife, and plants in the 
        United States have been rendered extinct because of inadequate 
        conservation practices and natural processes;''; and
            (2) by striking ``and'' after the semicolon at the end of 
        paragraph (4)(G), by striking the period at the end of 
        paragraph (5) and inserting ``; and'', and by adding at the end 
        the following new paragraph:
            ``(6) the Nation's economic well-being is essential to the 
        ability to maintain a sustainable resource base, therefore 
        economic impacts and private property owners' rights must be 
        considered while encouraging practices that protect species.''.
    (b) Purposes and Policy.--Section 2 (b) and (c) (16 U.S.C. 1531 
(b), (c)) are amended to read as follows:
    ``(b) Purposes.--The purposes of this Act are the following:
            ``(1) To provide a feasible and practical means to conserve 
        endangered species and threatened species consistent with 
        protection of the rights of private property owners and 
        ensuring economic stability.
            ``(2) To provide a program for the conservation and 
        management of such endangered species and threatened species 
        taking into account the economic and social consequences of 
        such program.
            ``(3) To take such steps as may be practicable to achieve 
        the purposes of the treaties and conventions set forth in 
        subsection (a) of this section.
    ``(c) Policy.--
            ``(1) Federal authority.--It is further declared to be the 
        policy of Congress that all Federal departments and agencies 
        shall seek to conserve and manage endangered species and 
        threatened species and shall, consistent with and not 
        prevailing over their primary missions, utilize their 
        authorities in furtherance of the purposes of this Act.
            ``(2) Cooperation with states.--It is further declared to 
        be the policy of Congress that Federal agencies shall cooperate 
        with State and local agencies to resolve water resource issues 
        in concert with conservation of endangered species and 
        consistent with State and local water laws.
            ``(3) Protection of private property rights.--It is the 
        policy of the Federal Government that agency action taken 
        pursuant to this Act shall not use or limit the use of 
        privately owned property when such action diminishes the value 
        of such property without payment of fair market value to the 
        owner of private property. Each Federal agency, officer, and 
        employee shall exercise authority under this Act to ensure that 
        agency action will not violate the policy established in this 
        paragraph.''.

 TITLE I--PRIVATE PROPERTY RIGHTS AND VOLUNTARY INCENTIVES FOR PRIVATE 
                            PROPERTY OWNERS

SEC. 101. COMPENSATION FOR USE OR TAKING OF PRIVATE PROPERTY.

    The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is 
amended by adding at the end the following new section:

``SEC. 19. RIGHT TO COMPENSATION.

    ``(a) Prohibition.--The Federal Government shall not take an agency 
action affecting privately owned property or nonfederally owned 
property under this Act which results in diminishment of value of any 
portion of that property by 20 percent or more unless compensation is 
offered in accordance with this section.

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