Endangered Species
BILL NUMBER & TITLE:
S.1181, 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.
A mark-up hearing has been schedule for this legislation on
September 30, 1997.
MAJOR CONGRESSIONAL ACTION TO DATE:
09/16/97 -- In The SENATE
- Introduced by KEMPTHORNE and referred to committee
AMSA ACTIONS:
AMSA will monitor the progress of this legislation.
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