Home > 106th Congressional Bills > S. 3157 (is) To require the Food and Drug Administration to establish restrictions regarding the qualifications of physicians to prescribe the abortion drug commonly known as RU-486. [Introduced in Senate] ...

S. 3157 (is) To require the Food and Drug Administration to establish restrictions regarding the qualifications of physicians to prescribe the abortion drug commonly known as RU-486. [Introduced in Senate] ...


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106th CONGRESS
  2d Session
                                S. 3156

 To amend the Endangered Species Act of 1973 to ensure the recovery of 
 the declining biological diversity of the United States, to reaffirm 
and strengthen the commitment of the United States to protect wildlife, 
  to safeguard the economic and ecological future of children of the 
     United States, and to provide certainty to local governments, 
communities, and individuals in their planning and economic development 
                                efforts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 3 (legislative day, September 22), 2000

 Mr. Lautenberg (for himself, Mrs. Boxer, Mr. Kennedy, Mr. Wellstone, 
  Mr. Dodd, Mr. Moynihan, Mr. Schumer, Mr. Kerry, Mr. Torricelli, Mr. 
  Leahy, and Mr. Reid ) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the Endangered Species Act of 1973 to ensure the recovery of 
 the declining biological diversity of the United States, to reaffirm 
and strengthen the commitment of the United States to protect wildlife, 
  to safeguard the economic and ecological future of children of the 
     United States, and to provide certainty to local governments, 
communities, and individuals in their planning and economic development 
                                efforts.

    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; REFERENCES TO ENDANGERED 
              SPECIES ACT OF 1973.

    (a) Short Title.--This Act may be cited as the ``Endangered Species 
Recovery Act of 2000''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents; references to Endangered 
                            Species Act of 1973.
Sec. 2. Findings.
                  TITLE I--ENDANGERED SPECIES RECOVERY

Sec. 101. Definitions.
Sec. 102. Designation of interim and critical habitat.
Sec. 103. Schedule for listing determinations.
Sec. 104. Contents of listing petitions.
Sec. 105. Recovery planning.
Sec. 106. Endangered species conservation agreements.
Sec. 107. Interagency cooperation.
Sec. 108. Permits and conservation plans.
Sec. 109. Citizen suits.
Sec. 110. Natural resource damage liability.
Sec. 111. Authorization of appropriations.
             TITLE II--SPECIES CONSERVATION TAX INCENTIVES

Sec. 201. Tax exclusion for cost-sharing payments under Partners for 
                            Fish and Wildlife Program.
Sec. 202. Enhanced deduction for the donation of a conservation 
                            easement.
Sec. 203. Exclusion from estate tax for real property subject to 
                            endangered species conservation agreement.
Sec. 204. Expansion of estate tax exclusion for real property subject 
                            to qualified conservation easement.
    (c) 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 a section or other provision of the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.).

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the American public recognizes the importance of 
        protecting the natural environmental legacy of the United 
        States;
            (2) it is only through the protection of all species of 
        plants and animals and the ecosystems on which the species 
        depend that the people of the United States will conserve a 
        world for our children with the spiritual, medicinal, 
        agricultural, and economic benefits that plants and animals 
        offer;
            (3) we have a moral responsibility not to drive other 
        species to extinction;
            (4) we are rapidly proceeding in a manner that will deny to 
        future generations a world of abundant, varied species;
            (5) although the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.) has prevented the extinction of many animal, 
        plant, and fish species, many of those species have not fully 
        recovered and that Act must ensure their long-term survival and 
        recovery;
            (6) Federal agencies and other persons should act to 
        protect declining species before they need the full application 
        of the Endangered Species Act of 1973;
            (7) all members of the public have a right to be involved 
        in the decisions made to protect biodiversity;
            (8) to avoid extinction in the wild, habitats must be 
        conserved by using the best available science;
            (9) only by taking actions that implement the recovery 
        goals of the Endangered Species Act of 1973 can we ensure that 
        species will eventually be removed from the lists of endangered 
        species and threatened species; and
            (10) we can provide certainty for communities, local 
        governments, and private landowners that will enable them to 
        move forward with planning and economic development efforts 
        while still protecting species.

                  TITLE I--ENDANGERED SPECIES RECOVERY

SEC. 101. DEFINITIONS.

    Section 3 (16 U.S.C. 1532) is amended--
            (1) by redesignating paragraphs (2) through (5), (6) 
        through (9), (10), (12) through (14), and (15) through (21) as 
        paragraphs (3) through (6), (9) through (12), (14), (20) 
        through (22), and (24) through (30), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) Candidate species.--The term `candidate species' 
        means any species--
                    ``(A) that is not the subject of a proposed 
                regulation under section 4(a)(1);
                    ``(B) that the Secretary is considering for listing 
                as an endangered species or threatened species; and
                    ``(C) for which the Secretary has--
                            ``(i) sufficient information to support a 
                        proposed regulation for that listing; or
                            ``(ii) information indicating that 
                        proposing that listing may be appropriate, but 
                        for which further information is required to 
                        support such a proposed regulation.'';
            (3) by striking paragraph (6) (as so redesignated) and 
        inserting the following:
            ``(6) Critical habitat.--The term `critical habitat' for an 
        endangered species or threatened species or includes--
                    ``(A) the specific areas within the geographic area 
                occupied by the species, at the time the species is 
                listed in accordance with section 4, on which are found 
                physical or biological features that--
                            ``(i) are essential to the conservation of 
                        the species; and
                            ``(ii) may require special management 
                        considerations or protections; and
                    ``(B) specific areas outside the geographical area 
                occupied by the species, at the time the species is 
                listed in accordance with section 4, on a determination 
                by the Secretary that the areas are essential for the 
                conservation of the species.'';
            (4) by inserting after paragraph (6) (as so redesignated) 
        the following:
            ``(7) Cumulative impacts.--The term `cumulative impacts' 
        means the direct impacts and indirect impacts on a species or 
        its habitat that result from the incremental impact of a 
        proposed action when added to other past, present, and 
        reasonably foreseeable future actions, regardless of which 
        person undertakes such other actions.
            ``(8) Direct impacts.--The term `direct impacts' means 
        impacts that are caused by a proposed action and that occur at 
        the same time and place as the proposed action.'';
            (5) by inserting after paragraph (12) (as so redesignated) 
        the following:
            ``(13) Impacts.--The term `impacts' includes--
                    ``(A) loss of individual members of a species;
                    ``(B) diminishment of the habitat of the species, 
                both qualitatively and quantitatively;
                    ``(C) disruption of normal behavioral patterns, 
                such as breeding, feeding, and sheltering; and
                    ``(D) impairment of the ability of the species to 
                withstand random fluctuations in environmental 
                conditions.'';
            (6) by inserting after paragraph (14) (as so redesignated) 
        the following:
            ``(15) Indirect impacts.--The term `indirect impacts' means 
        impacts that are caused by a proposed action and that occur 
        later in time than, or farther removed in distance from, the 
        proposed action, but that are still reasonably foreseeable.
            ``(16) Interim habitat.--The term `interim habitat' 
        includes the habitat necessary to support current populations 
        of a species or populations that are necessary to ensure 
        survival, whichever is larger.
            ``(17) Jeopardize the continued existence of.--The term 
        `jeopardize the continued existence of' means to engage in an 
        action that reasonably would be expected, directly, indirectly, 
        or cumulatively, to reduce appreciably the likelihood of 
        recovery in the wild of any foreign or domestic species 
        included in a list published under section 4(c).
            ``(18) Minimize.--The term `minimize' means--
                    ``(A) subject to subparagraph (B), to avoid to the 
                extent possible, in designing and engaging in an 
                activity, adverse impacts to an endangered species or 
                threatened species or in the course of the activity; 
                and
                    ``(B) in the case of an activity for which it is 
                determined, after consideration of a reasonable range 
                of alternatives, that avoidance of adverse impacts to 
                the species is impossible, to design and implement the 
                activity in a manner that results in the lowest 
                possible individual and cumulative adverse impacts on 
                the species.
            ``(19) Mitigate.--The term `mitigate' means to redress 
        adverse impacts to an endangered species or threatened species 
        in connection with an action, by replacing the number of plants 
        and animals in the wild, and the value to the species of the 
        habitat, that were lost as a result of the adverse impacts.'';
            (7) by inserting after paragraph (22) (as so redesignated) 
        the following:
            ``(23) Recovery.--The term `recovery' means a condition in 
        which--
                    ``(A) the threats to a species, as determined under 
                section 4(a), have been eliminated;
                    ``(B) the species has achieved long-term viability; 
                and
                    ``(C) the protective measures under this Act are no 
                longer needed.'';
            (8) by striking paragraph (25) (as so redesignated) and 
        inserting the following:
            ``(25) Species.--The term `species' includes--
                    ``(A) any subspecies of fish or wildlife or plant;
                    ``(B) any distinct population segment of any 
                species of vertebrate fish or wildlife that interbreeds 
                when mature; and
                    ``(C) the last remaining distinct population 
                segment in the United States of any plant or 
                invertebrate species.''; and
            (9) in paragraph (26) (as so redesignated), by striking 
        ``and the Trust Territory of the Pacific Islands'' and 
        inserting ``the Freely Associated States, and (for the purposes 
        of subsections (c) and (d) of section 6), any Indian tribe''.

SEC. 102. DESIGNATION OF INTERIM AND CRITICAL HABITAT.

    (a) In General.--Section 4(a) (16 U.S.C. 1533(a)) is amended by 
striking paragraph (3) and inserting the following:
            ``(3) Interim and critical habitat.--The Secretary, by 
        regulation promulgated in accordance with subsection (b), 
        shall--
                    ``(A) subject to subparagraph (C), concurrently 
                with making a determination under paragraph (1) that a 
                species is an endangered species or threatened species, 
                designate interim habitat of the species;
                    ``(B) subject to subparagraph (C), concurrently 
                with adoption of the final recovery plan for a species 
                under subsection (f), designate critical habitat of the 
                species;
                    ``(C) in the case of a highly migratory marine 
                species, designate interim habitat and critical habitat 
                for the species to the maximum extent biologically 
                determinable; and
                    ``(D) from time to time thereafter as appropriate, 
                revise a designation under this paragraph, if the 
                Secretary determines that the revision would expedite 
                or assist the recovery of the species.''.
    (b) Basis for Determinations.--Section 4(b) (16 U.S.C. 1533(b)) is 
amended by striking paragraph (2) and inserting the following:
            ``(2) Interim and critical habitat.--
                    ``(A) Critical habitat.--The Secretary shall 
                designate critical habitat, and make revisions to the 
                designations, under subsection (a)(3)--
                            ``(i) on the basis of the best scientific 
                        data available; and
                            ``(ii) after taking into consideration the 
                        economic impact, and any other relevant impact, 
                        of specifying any particular area as critical 
                        habitat.
                    ``(B) Interim habitat.--In the case of interim 
                habitat designated at the time of listing, the 
                Secretary shall revise and finalize the habitat as 
                critical habitat concurrently with the adoption of the 
                final recovery plan.
                    ``(C) Exclusion of areas from critical habitat.--
                The Secretary may exclude any area from critical 
                habitat on the basis that the benefits of the exclusion 
                outweigh the benefits of specifying the area as part of 
                the critical habitat, if the Secretary determines, 
                based on the best scientific and commercial data 
                available, that the failure to designate the area as 
                critical habitat will not impair the recovery of the 
                species.
                    ``(D) Designation of interim habitat based on 
                biological factors.--The Secretary shall designate 
                interim habitat of a species based only on biological 

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