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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] ...
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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