Endangered Species
BILL NUMBER & TITLE:S.1180, ENDANGERED SPECIES HABITAT PROTECTION ACT OF 1997
INTRODUCED BY:
Senator Dirk Kempthorne (R-ID)
REFERRALS:
Senate Committee on Environment & Public Works
SUMMARY DESCRIPTION:
A bill to reauthorize the Endangered Species Act (ESA). The ESA was last reauthorized in 1988 and expired in 1992. This legislation is the product of negotiations between Senators Kempthorne (R-ID), John Chafee (R-RI), Harry Reid (D-NV), and Max Baucus (D-MT), and Interior Secretary Bruce Babbit. The legislation has not received the endorsement of the Clinton Administration, however, Secretary Babbit has praised it as a good start. Environmentalists were quick to condemn the legislation, while industry groups were confident that it addressed most of their major issues.
Among the key provisions are:
Deadlines for developing draft and final Habitat Conservation Plans (HCP). HCPs have always been required under ESA, but there were no deadline for completing the plans in previous legislation.
Greater weight will be placed on empirical, field-tested or peer reviewed data when the Act requires the use of the best scientific or commercial data available.
A Safe Harbor provision has been included to assure landowners entering into voluntary agreements with the Interior Department that they will not be subject to additional liability for endangered or threatened species "takes" that occur on land or water included in the agreement during the course of a otherwise lawful activity.
A "No Surprises" provision protects landowners who have entered into, and are in compliance with, conservation plans from being required to undertake any additional mitigation measures for species covered by the plan if such measures would require the payment of additional money or the additional of additional use, development or management restrictions on property.
The proposal authorizes multiple species conservation plans and provides ESA permit applicants with a greater role in the decision making process.
The Senate Environment & Public Works Committee moved quickly to approve legislation to reauthorize the Endangered Species Act. On September 30, the committee approved S.1180, legislation that had been introduced by Senators John Chafee and Dirk Kempthorne only a week before. The legislation has the support of the Clinton administration and is expected to be enacted this year.
MAJOR CONGRESSIONAL ACTION TO DATE:
09/16/97 -- In The SENATE
Introduced by KEMPTHORNE and referred to committee
09/23/97 -- In The SENATE
Public hearing held by Senate Committee on Environment & Public Works
09/24/97 -- In The SENATE
Public hearing held by Senate Committee on Environment & Public Works
Hearings adjourned by Senate Committee on Environment & Public Works
09/30/97 -- In The SENATE
Public mark-up held by Senate Committee on Environment & Public Works
Ordered reported, as amended, by Senate Committee on Environment & Public Works
10/31/97 -- In The SENATE
Report filed by the Seante Committee on Envrionment and Public Works (S.Rept. 105-128)
AMSA ACTIONS:
AMSA will monitor the progress of this legislation. Recently, the Fish and Wildlife Service and the National Marine Fisheries Service cirualted a final draft Memorandum of Agreement (MOA) defining specific roles of federal agencies when addressing Endangered Species Act (ESA) issues in the context of NPDES permitting, state NPDES program approvals and state water quality standards. Section 7 requires that all federal agencies consult with Fish and Wildlife and National Marine Fisheries when taking an action which may impact an endangered or threatened species. The AMSA National Office is arranging a meeting with representatives from the above agencies and EPA to discuss the ramifications of the memo on AMSA member agencies. Several AMSA member agency representatives will be invited to participate. Members will be updated on the meeting through a Regulatory Alert.
Return to Main Page