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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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