Species Rescue Act - Amends the Endangered Species Act of 1973 to provide for expedited consultation and conferencing (within 60 days of the date on which initiated) with respect to impacts on endangered or threatened species of federal agency flood control actions.
Directs the Secretary of the Interior or of Commerce, as appropriate, acting through the Fish and Wildlife Service, any other federal land management agency, the National Marine Fisheries Service, or a state conservation agency, to relocate from the flood control levee: (1) any threatened or endangered species of plant or animal that would be taken in the course of the agency action; and (2) any plant or other natural material that the Secretary considers to be suitable habitat, or a component of suitable habitat, for such species and that the Secretary determines would be damaged, destroyed, or removed in the course of the action. Bars the Secretary from requiring a non-federal person (other than a state conservation agency) to carry out any measures to minimize or mitigate impacts of agency flood control actions.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5531 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5531
To amend the Endangered Species Act of 1973 to enable Federal agencies
responsible for the preservation of threatened species and endangered
species to rescue and relocate members of any of those species that
would be taken in the course of certain reconstruction, maintenance, or
repair of Federal or non-Federal manmade flood control levees.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 15, 2010
Mr. Herger introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the Endangered Species Act of 1973 to enable Federal agencies
responsible for the preservation of threatened species and endangered
species to rescue and relocate members of any of those species that
would be taken in the course of certain reconstruction, maintenance, or
repair of Federal or non-Federal manmade flood control levees.
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 ``Species Rescue Act''.
SEC. 2. RELOCATION OF MEMBERS OF ENDANGERED SPECIES AND THREATENED
SPECIES THAT WOULD BE TAKEN IN THE COURSE OF
RECONSTRUCTION, MAINTENANCE, OR REPAIR OF MANMADE FLOOD
CONTROL LEVEES.
(a) Expedited Consultation and Conferencing; Relocation
Requirement.--Section 7 of the Endangered Species Act of 1973 (16
U.S.C. 1536) is amended--
(1) in subsection (a)(2), by inserting ``, except in the
case of an agency action flood control action (as defined in
subsection (b)(5)(B)) for which consultation and conferencing
is completed in accordance with subsection (b),'' after
``threatened species or'';
(2) in subsection (b)(4) by striking the matter preceding
subparagraph (A) and inserting the following:
``(4) If after consultation under subsection (a)(2) of this section
regarding an agency action, other than an agency flood control action
(as defined in paragraph (5)(B)), the Secretary concludes that--''; and
(3) by adding at the end of subsection (b) the following:
``(5)(A) Notwithstanding paragraph (1)(A), consultation under
subsection (a)(2) and conferencing under subsection (a)(4) regarding an
agency flood control action shall be concluded within the 60-day period
beginning on the date on which initiated.
``(B) For purposes of this paragraph, the term `agency flood
control action' means an agency action consisting of the authorization,
funding, or carrying out by an agency of reconstruction, maintenance,
or repair of a Federal or non-Federal manmade flood control levee--
``(i) based on a determination that--
``(I) there exists or is likely to exist in the
future high water;
``(II) the levee is likely to fail in the period of
such high water unless the levee is reconstructed,
maintained, or repaired; and
``(III) such a levee failure would pose severe
public health and safety risks, place persons residing
in areas protected by the levee at risk, or cause
extensive flooding and significant economic damages,
including loss of life, property, or habitat; or
``(ii) to address an imminent threat from a catastrophic
natural event.
``(C) Promptly after conclusion of consultation and conferencing
regarding an agency flood control action, the Secretary shall provide
the Federal agency and the applicant concerned, if any, a written
statement that specifies the impact of the action on endangered species
and threatened species.
``(D) Not later than 60 days after the conclusion of consultation
and conferencing regarding an agency flood control action, the
Secretary, acting through the United States Fish and Wildlife Service,
any other Federal land management agency, the National Marine Fisheries
Service, or a State conservation agency, shall relocate from the flood
control levee with respect to which the action will be carried out--
``(i) the members of any threatened species or endangered
species of plant or animal that the Secretary determines would
be taken in the course of the action; and
``(ii) any plant or other natural material that the
Secretary considers to be suitable habitat, or a component of
suitable habitat, for such species and that the Secretary
determines would be damaged, destroyed, or removed in the
course of the action.
``(E) Except as provided in subparagraph (D), the Secretary may not
require a non-Federal person to carry out under this section any
measures to minimize or mitigate the impacts of an agency flood control
action for which consultation and conferencing is carried out under
subsections (a)(2) and (a)(4), respectively.''.
(b) Limitation on Prohibition of Takings.--Section 9(a) of such Act
(16 U.S.C. 1538(a)) is amended by adding at the end the following new
paragraph:
``(3) This subsection shall not be construed as prohibiting any
activity that is authorized, funded, or carried out as part of an
agency flood control action (as defined in section 7(b)(5)(B)) after
the 60-day period beginning on the date of the completion of
consultation and conferencing under section 7(a) (2) and (4),
respectively, regarding the action.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
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