Home > 106th Congressional Bills > H.R. 5595 (ih) To provide for programs regarding the health of Hispanic individuals, and for other purposes. [Introduced in House] ...H.R. 5595 (ih) To provide for programs regarding the health of Hispanic individuals, and for other purposes. [Introduced in House] ...
106th CONGRESS
2d Session
H. R. 5594
To amend the Endangered Species Act of 1973 to exempt the Woodrow
Wilson Bridge project from certain provisions of that Act and allow the
bridge and activities elsewhere to proceed in compliance with that Act,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 27, 2000
Mr. Radanovich introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To amend the Endangered Species Act of 1973 to exempt the Woodrow
Wilson Bridge project from certain provisions of that Act and allow the
bridge and activities elsewhere to proceed in compliance with that Act,
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
2000''.
SEC. 2. CLARIFICATION OF TAKE DEFINITION.
Section 3(19) of the Endangered Species Act of 1973 (16 U.S.C.
1532(19)) is amended to read as follows:
``(19)(A) The term `take' means to harm, pursue, hunt,
shoot, wound, kill, trap, capture, or collect, or to attempt to
engage in that conduct.
``(B) In subparagraph (A), the term `harm' means an action
that proximately and foreseeably kills or physically injures an
identifiable member of an endangered species.''.
SEC. 3. ENSURING PUBLIC SAFETY, EXEMPTING THE WOODROW WILSON BRIDGE,
AND TARGETING REGULATORY AUTHORITY.
Section 7(a) of the Endangered Species Act of 1973 (16 U.S.C.
1536(a)) is amended by adding at the end the following:
``(5) Actions exempt from consultation and conferencing.--
Consultation and conferencing under paragraphs (2) and (4) is
not required for any agency action that--
``(A) is consistent with an incidental taking
permit issued under section 10(a)(1)(B);
``(B) addresses a critical, imminent threat to
public health or safety or a catastrophic natural event
or compliance with Federal, State, or local safety or
public health requirements;
``(C) consists of routine operation, maintenance,
rehabilitation, repair, or replacement to a Federal or
non-Federal project or facility, including--
``(i) the Woodrow Wilson Bridge project in
Maryland and Virginia; and
``(ii) operation of a project or facility
in accordance with a previously issued Federal
license, permit, or other authorization; or
``(D) permits activities that occur on private
land.
``(6) Actions not prohibited.--An agency action shall not
constitute a taking of a species prohibited by this Act or any
regulation issued under this Act if the action is consistent
with--
``(A) an incidental taking permit issued under
section 10(b)(1)(A); or
``(B) the terms and conditions specified in a
written statement provided under subsection (b)(3) of
this section.''.
SEC. 4. STANDARDS FOR RENDERING TAXONOMIC DETERMINATIONS OF SPECIES AND
SUBSPECIES.
Section 4(b)(1) (15 U.S.C. 1533(b)(1)) is amended by adding at the
end the following:
``(C) Within 18 months after the date of the enactment of the
Endangered Species Act Amendments of 2000, the Secretary shall
promulgate scientifically valid standards for rendering taxonomic
determinations of species and subspecies. The standards shall provide
that to be eligible for determination as a subspecies under this Act, a
subspecies must be reproductively isolated from other subspecific
population units and must constitute a distinct component in the
genetic makeup of the species.''.
SEC. 5. COMPENSATION FOR FEDERAL TAKINGS OF PRIVATE PROPERTY.
(a) In General.--Section 13 of the Endangered Species Act of 1973
(87 Stat. 902) is amended to read as follows:
``right to compensation
``Sec. 13. (a) Prohibition.--No agency may take an action under
this Act affecting privately owned property that results in the
diminishment of the value of any portion of that property by an amount
equal to or greater than 25 percent of the value of that portion unless
compensation is offered in accordance with this section.
``(b) Compensation for Diminishment.--Any agency that takes an
action referred to in subsection (a)--
``(1) shall compensate the property owner for the
diminution in value of any portion of that property resulting
from the action; or
``(2) at the option of the owner, shall buy that portion of
the property by paying the fair market value of the portion,
determined based on the value of the property before the
diminution and without regard to the presence on the property
of a species listed under section 4(c), or the use of the
property by such a species.
``(c) Request of Owner.--A property owner seeking compensation
under this section shall make a written request for compensation to the
agency whose action would limit the otherwise lawful use of property.
The request shall, at a minimum, identify the affected portion of the
property, the nature of the diminution, and the amount of compensation
claimed.
``(d) Choice of Remedies.--If the parties have not reached an
agreement on compensation within 180 days after the written request is
made, the owner may elect binding arbitration through alternative
dispute resolution or seek compensation due under this section in a
civil action. The parties may by mutual agreement extend the period of
negotiation on compensation beyond the 180-day period without loss of
remedy to the owner under this section. In the event the extension
period lapses the owner may elect binding arbitration through
alternative dispute resolution or seek compensation due under this
section in a civil action.
``(e) Alternative Dispute Resolution.--
``(1) In general.--In the administration of this section--
``(A) arbitration procedures shall be in accordance
with the alternative dispute resolution procedures
established by the American Arbitration Association;
and
``(B) in no event shall arbitration be a condition
precedent or an administrative procedure to be
exhausted before the filing of a civil action under
this section.
``(2) Review of arbitration.--
``(A) Appeal of decision.--Appeal from arbitration
decisions shall be to the United States District Court
for the district in which the property is located or
the United States Court of Federal Claims in the manner
prescribed by law for the claim under this section.
``(B) Rules of enforcement of award.--The
provisions of title 9, United States Code (relating to
arbitration), shall apply to enforcement of awards
rendered under this section.
``(f) Civil Action.--An owner who prevails in a civil action
against any agency pursuant to this section shall be entitled to, and
such agency shall be liable for, just compensation, plus reasonable
attorney's fees and other litigation costs, including appraisal fees.
``(g) Source of Payments.--Any payment made under this section
shall be paid from the responsible agency's annual appropriation
supporting the agency's activities giving rise to the claim for
compensation. If insufficient funds are available to the agency in the
fiscal year in which the award becomes final the agency shall pay the
award from appropriations available in the next fiscal year.
``(h) Definitions.--For the purposes of this section--
``(1) the term `agency' has the meaning given that term in
section 551 of title 5, United States Code;
``(2) the term `agency action' means any action or decision
taken by any agency that at the time of such action or decision
adversely affects private property rights;
``(3) the term `fair market value' means the likely price
at which property would change hands, in a competitive and open
market under all conditions requisite to fair sale, between a
willing buyer and willing seller, neither being under any
compulsion to buy or sell and both having reasonable knowledge
of relevant facts, prior to occurrence of the agency action;
``(4) the term `just compensation'--
``(A) means compensation equal to the full extent
of a property owner's loss, including the fair market
value of the private property taken, whether the taking
is by physical occupation or through regulation,
exaction, or other means; and
``(B) shall include compounded interest calculated
from the date of the taking until the date the United
States tenders payment;
``(5) the term `owner' means the owner or possessor of
property or rights in property at the time the taking occurs,
including when--
``(A) the statute, regulation, rule, order,
guideline, policy, or action is passed or promulgated;
or
``(B) the permit, license, authorization, or
governmental permission is denied or suspended;
``(6) the term `property' means land, an interest in land,
proprietary water rights, and any personal property that is
subject to use by the Federal Government or to a restriction on
use;
``(7) the term `private property' or `property' means all
interests constituting real property, as defined by Federal or
State law, protected under the fifth amendment to the United
States Constitution, any applicable Federal or State law, or
this section, and more specifically constituting--
``(A) real property, whether vested or unvested,
including--
``(i) estates in fee, life estates, estates
for years, or otherwise;
``(ii) inchoate interests in real property
such as remainders and future interests;
``(iii) personalty that is affixed to or
appurtenant to real property;
``(iv) easements;
``(v) leaseholds;
``(vi) recorded liens; and
``(vii) contracts or other security
interests in, or related to, real property;
``(B) the right to use water or the right to
receive water, including any recorded liens on such
water right; or
``(C) rents, issues, and profits of land, including
minerals, timber, fodder, crops, oil and gas, coal, or
geothermal energy.''.
(b) Conforming Amendment.--The table of contents at the end of the
first section is amended by striking the item relating to section 13
and inserting the following:
``Sec. 13. Right to compensation.''.
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