To amend the Endangered Species Act of 1973 to focus conservation efforts under that Act on the 109 species most in danger of extinction, and for other purposes.

June 1, 2004

Mr. GRAVES introduced the following bill; which was referred to the Committee on Resources

To amend the Endangered Species Act of 1973 to focus conservation efforts under that Act on the 109 species most in danger of extinction, 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 Recovery Act of 2004'.

TITLE I--AMENDMENTS TO ENDANGERED SPECIES ACT OF 1973

SEC. 101. DEFINITION OF ENDANGERED SPECIES.

Section 3(6) of the Endangered Species Act of 1973 (16 U.S.C. 1532(6)) is amended by striking `all or a significant portion of its range' and inserting `all of its global range'.

SEC. 102. LISTING OF 109 ENDANGERED SPECIES MOST IN DANGER OF EXTINCTION.

(a) Determination of Species Most in Danger of Extinction- Section 4(a) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)) is amended by adding at the end the following:

`(4) Determination of species most in danger of extinction- The Secretary shall determine, from among the species determined under this subsection to be endangered species or threatened species, the 109 species that are in the greatest danger of extinction throughout all or a significant portion of their range. The Secretary shall use the best scientific evidence available to determine those species.'.

(b) Limitations on Listing and Protection to 109 Species- Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended--

(1) in subsection (a)(2)(A)(i), by inserting `in accordance with subsection (c)' after `be listed'; and

(2) in subsection (c)(1), by striking the first sentence and inserting `The Secretary of the Interior shall publish in the Federal Register a list of the 109 species determined under subsection (a)(4) to be in the greatest danger of extinction throughout all or a significant portion of their range.'.

SEC. 103. APPROVAL BY PANEL REQUIRED.

Section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)) is further amended by inserting after the first sentence the following: `The Secretary may not include a species in the list unless inclusion of the species is approved by the majority vote of a panel comprised of the Secretary of the Interior, the Secretary of Transportation, and the Secretary of Defense.'.

SEC. 104. LIMITATION ON PERIOD OF LISTING.

Section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)) is further amended by adding at the end the following: `No species may be included in the list for a period exceeding 5 years.'.

SEC. 105. ELIMINATION OF RESTRICTION ON BASES FOR DETERMINATION OF ENDANGERED SPECIES AND THREATENED SPECIES.

Section 4(b)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(1)(A)) is amended by striking `solely'.

SEC. 106. NOTIFICATION OF PRIVATE LANDOWNERS REQUIRED.

Section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)) is further amended by adding at the end the following:

`(4) Notification of private land owners- If the Secretary determines that a species that is included or proposed to be included in the list under paragraph (1) occurs on privately owned land, the Secretary--

`(A) shall provide notice of that determination to the owner of the land; and

`(B) in the case of a species proposed to be included in such list, may not add the species to such list before the owner receives the notice under clause (i).'.

SEC. 107. LIMITING PROTECTIONS FOR LISTED SPECIES.

Section 13 of the Endangered Species Act of 1973 (consisting of amendments to other laws, which have executed) is amended to read as follows:

`SEC. 13. LIMITATION ON PROTECTIONS FOR LISTED SPECIES.

`(a) Limitation on Prohibitions- The prohibitions under section 9 shall not apply with respect to any species other than a species in the list under section 4(c).

`(b) Review of Habitat Conservation Plans- The Secretary shall complete review of a habitat conservation plan submitted for a permit under section 10(a)(1)(B) by not later than 180 days after the date the plan is submitted to the Secretary.'.

SEC. 108. EFFECTIVE DATE AND IMPLEMENTATION OF AMENDMENTS.

(a) Effective Date of Amendments- Except as otherwise provided in this Act, the amendments made by this title shall take effect upon the expiration of the 2-year period beginning on the date of the enactment of this Act.

(b) Implementation of Amendments- The Secretary (as that term is defined in section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532)) shall--

(1) before the end of the 2-year period beginning on the date of the enactment of this Act, determine pursuant to the amendment made by section 102(a), from among the species that have been determined to be endangered species under section 4(a) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)) as of the date of the determination under this paragraph, the 109 species that are in the greatest danger of extinction throughout all or a significant portion of their range; and

(2) upon the expiration of that period, publish a list of such species under section 4(c) (16 U.S.C. 1533(c)) of such Act, as amended by this Act.

TITLE II--SPECIES CONSERVATION RESERVE PROGRAM

SEC. 201. SPECIES CONSERVATION RESERVE PROGRAM.

(a) In General- Through the 2026 calendar year, the Secretary of the Interior (in this title referred to as the `Secretary') shall formulate and carry out a species conservation reserve program under which land is enrolled through the use of contracts to assist owners and operators of land specified in subsection (b) to conserve endangered species.

(b) Eligible Land- The Secretary may include in the program established under this title agricultural land that is occupied by a species that is determined under section 4 of the Endangered Species Act of 1973, by the Secretary (as that term is used in that Act), to be an endangered species.

(c) Duration of Contract- For the purpose of carrying out this title, the Secretary shall enter into contracts of not more than 5 years.

(d) Eligibility for Consideration- On the expiration of a contract entered into under this title, the land subject to the contract shall be eligible to be considered for reenrollment in the species conservation reserve.

(e) Balance Among Habitats- In determining the acceptability of contract offers under this title, the Secretary shall ensure, to the maximum extent practicable, an adequate balance among wildlife habitats.

SEC. 202. DUTIES OF OWNERS AND OPERATORS.

(a) In General- Under the terms of a contract entered into under this title, during the term of the contract, an owner or operator of land shall agree--

(1) to implement a plan to conserve endangered species;

(2) on a violation of a term or condition of the contract at any time the owner or operator has control of the land--

(A) to forfeit all rights to receive rental payments and cost sharing payments under the contract and to refund to the Secretary any rental payments and cost sharing payments received by the owner or operator under the contract, together with interest on the payments as determined by the Secretary, if the Secretary determines that the violation is of such nature as to warrant termination of the contract; or

(B) to refund to the Secretary, or accept adjustments to, the rental payments and cost sharing payments provided to the owner or operator, as the Secretary considers appropriate, if the Secretary determines that the violation does not warrant termination of the contract; and

(3) on the transfer of the right and interest of the owner or operator in land subject to the contract--

(A) to forfeit all rights to rental payments and cost sharing payments under the contract; and

(B) to refund to the United States all rental payments and cost sharing payments received by the owner or operator, or accept such payment adjustments or make such refunds as the Secretary considers appropriate and consistent with the objectives of this title;

unless the transferee of the land agrees with the Secretary to assume all obligations of the contract, except that no refund of rental payments and cost sharing payments shall be required if the land is purchased by or for the United States Fish and Wildlife Service, or the transferee and the Secretary agree to modifications to the contract, in a case in which the modifications are consistent with the objectives of the program, as determined by the Secretary.

(b) Conservation Plans- The plan referred to in subsection (a)(1) shall set forth--

(1) the conservation measures and practices to be carried out by the owner or operator during the term of the contract; and

(2) the commercial use, if any, to be permitted on the land during the term.

(c) Foreclosure-

(1) In general- Notwithstanding any other provision of law, an owner or operator who is a party to a contract entered into under this title may not be required to make repayments to the Secretary of amounts received under the contract if the land that is subject to the contract has been foreclosed on and the Secretary determines that forgiving the repayments is appropriate in order to provide fair and equitable treatment.

(2) Resumption of control-

(A) In general- This subsection shall not void the responsibilities of an owner or operator under the contract if the owner or operator resumes control over the land that is subject to the contract within the period specified in the contract.

(B) Contract- On the resumption of the control over the land by the owner or operator, the provisions of the contract in effect on the date of the foreclosure shall apply.

SEC. 203. DUTIES OF THE SECRETARY.

In return for a contract entered into by an owner or operator under section 202, the Secretary shall--

(1) bear the cost of carrying out the conservation measures and practices set forth in the contract; and

(2) for a period of years not in excess of the term of the contract, pay an annual rental payment in an amount necessary to compensate for the loss in agricultural value of property that is subject to the contract, as determined by a person authorized by a State or local government the value of real property.

SEC. 204. PAYMENTS.

(a) Timing- The Secretary shall provide payment for obligations incurred by the Secretary under a contract entered into under this title with respect to any annual rental payment obligation incurred by the Secretary--

(1) as soon as practicable after October 1 of each calendar year; or

(2) at the option of the Secretary, at any time prior to such date during the year that the obligation is incurred.

(b) Annual Rental Payments-

(1) In general- In determining the amount of annual rental payments to be paid to owners and operators for converting highly erodible cropland normally devoted to the production of an agricultural commodity to less intensive use, the Secretary may consider, among other things, the amount necessary to encourage owners or operators of highly erodible cropland to participate in the program established by this title.

(2) Method of determination- The amounts payable to owners or operators in the form of rental payments under contracts entered into under this title may be determined through--

(A) the submission of bids for such contracts by owners and operators in such manner as the Secretary may prescribe; or

(B) such other means as the Secretary determines are appropriate.

(c) Cash or In-Kind Payments-

(1) In general- Except as otherwise provided in this section, payments under this title--

(A) shall be made in cash in such amount and on such time schedule as is agreed on and specified in the contract; and

(B) may be made in advance of determination of performance.

(2) Cash payments- Payments to an owner or operator under a special species conservation reserve enhancement program described in subsection (e)(4) shall be in the form of cash only.

(d) Payments on Death, Disability, or Succession- If an owner or operator that is entitled to a payment under a contract entered into under this title dies, becomes incompetent, is otherwise unable to receive the payment, or is succeeded by another person that renders or completes the required performance, the Secretary shall make the payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances.

(e) Payment Limitation for Rental Payments-

(1) In general- The total amount of rental payments made to a person under this title for any fiscal year may not exceed $50,000.

(2) Regulations-

(A) In general- The Secretary shall promulgate regulations--

(i) defining the term `person' as used in this subsection; and

(ii) providing such terms and conditions as the Secretary determines necessary to ensure a fair and reasonable application of the limitation established by this subsection.

(B) Corporations and stockholders- The regulations promulgated by the Secretary on December 18, 1970, under section 101 of the Agricultural Act of 1970 (7 U.S.C. 1307), shall be used to determine whether corporations and their stockholders may be considered as separate persons under this subsection.

(3) Other payments- Rental payments received by an owner or operator shall be in addition to, and not affect, the total amount of payments that the owner or operator is otherwise eligible to receive under the Farm Security and Rural Investment Act of 2002.

(4) Special species conservation reserve enhancement program-

(A) In general- The provisions of this subsection that limit payments to any person, and section 1305(d) of the Agricultural Reconciliation Act of 1987 (7 U.S.C. 1308 note; Public Law 100-203), shall not be applicable to payments received by a State, political subdivision, or agency thereof in connection with agreements entered into under a special species conservation reserve enhancement program carried out by that entity that has been approved by the Secretary.

(B) Agreements- The Secretary may enter into such agreements for payments to States (including political subdivisions and agencies of States) that the Secretary determines will advance the purposes of this title.

(f) Other State or Local Assistance- In addition to any payment under this title, an owner or operator may receive cost share assistance, rental payments, or tax benefits from a State or subdivision thereof for enrolling land in the species conservation reserve program.

SEC. 205. CONTRACTS.

(a) Ownership or Operation Requirements-

(1) In general- Except as provided in paragraph (2), no contract shall be entered into under this title concerning land with respect to which the ownership has changed in the 1-year period preceding the first year of the contract period unless--

(A) the new ownership was acquired by will or succession as a result of the death of the previous owner;

(B) the Secretary determines that the land was acquired under circumstances that give adequate assurance that the land was not acquired for the purpose of placing the land in the program established by this title; or

(C) the ownership change occurred due to foreclosure on the land and the owner of the land immediately before the foreclosure exercises a right of redemption from the mortgage holder in accordance with State law.

(2) Exceptions- Paragraph (1) shall not--

(A) prohibit the continuation of an agreement by a new owner after an agreement has been entered into under this title; or

(B) require a person to own the land as a condition of eligibility for entering into the contract if the person--

(i) has operated the land to be covered by a contract under this section for at least 1 year preceding the date of the contract; and

(ii) controls the land for the contract period.

(b) Sales or Transfers- If, during the term of a contract entered into under this title, an owner or operator of land subject to the contract sells or otherwise transfers the ownership or right of occupancy of the land, the new owner or operator of the land may--

(1) continue the contract under the same terms or conditions; or

(2) enter into a new contract in accordance with this title.

(c) Modifications- The Secretary may modify a contract entered into with an owner or operator under this title if--

(1) the owner or operator agrees to the modification; and

(2) the Secretary determines that the modification is desirable--

(A) to carry out this title;

(B) to facilitate the practical administration of this title; or

(C) to achieve such other goals as the Secretary determines are appropriate, consistent with this title.

(d) Termination-

(1) In general- The Secretary may terminate a contract entered into with an owner or operator under this title if--

(A) the owner or operator agrees to the termination; and

(B) the Secretary determines that the termination would be in the public interest.

(2) Notice to congressional committees- At least 90 days before taking any action to terminate under paragraph (1) all species conservation reserve contracts entered into under this title, the Secretary shall provide to the Congress written notice of the action.

(e) Early Termination by Owner or Operator-

(1) Renewed enrollment- The termination of a contract entered into under this title shall not affect the ability of the owner or operator that requested the termination to submit a subsequent bid to enroll the land that was subject to the contract into the species conservation reserve.

(2) Conservation requirements- If land that was subject to a contract is returned to production of an agricultural commodity, the conservation requirements under subtitles B and C of title XII of the Food Security Act of 1985 shall apply to the use of the land to the extent that the requirements are similar to those requirements imposed on other similar land in the area, except that the requirements may not be more onerous than the requirements imposed on other land.

END