S.Amdt. 2404

1. Adds SEC. 122__. MINIMIZATION OF IMPACT OF ENDANGERED SPECIES LISTINGS AND DESIGNATIONS ON AGRICULTURAL LAND at the end of the bill

   Adds a section

   In S. 3240 · Placed on Calendar Senate

   (2) commence consultation with the Secretary of the Interior to complete the collection and removal of Canada geese from the applicable National Park Service land to ensure that the removal is completed by not later than August 1, 2012.

   Inserted: SEC. 122__. MINIMIZATION OF IMPACT OF ENDANGERED SPECIES LISTINGS AND DESIGNATIONS ON AGRICULTURAL LAND.

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

   Inserted: "(j) Minimization of Impact of Endangered Species Listings and Designations on Agricultural Land.--

   Inserted: "(1) In general.--Before any action is taken to list a species or designate critical habitat under this Act, the Secretary shall--

   Inserted: "(A) consult with the Secretary of Agriculture to identify all private agricultural land and land maintained by the Forest Service that could be adversely impacted by the listing or designation; and

   Inserted: "(B) prepare a report that describes the economic impacts of the listing or designation on land used for agricultural activities.

   Inserted: "(2) Economic analyses.--In conducting economic analyses on the impact of the listing of species, or designation of critical habitat, described in paragraph (1), the Secretary of Agriculture, in consultation with the Secretary of the Interior, shall--

   Inserted: "(A) conduct, and make available to the Secretary of the Interior and the public, separate economic analyses for--

   Inserted: "(i) private agricultural land; and

   Inserted: "(ii) land maintained by the Forest Service;

   Inserted: "(B) give landowners an opportunity for comment on the proposed listing or designation--

   Inserted: "(i) to obtain the input of the landowners; and

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   Inserted: "(ii) to provide landowners the same opportunity to comment as other affected parties;

   Inserted: "(C) use sound and proven economic analysis tools in conducting the analyses, listing species, and designating habitat under this Act; and

   Inserted: "(D) make available on a public website--

   Inserted: "(i) a description of the total economic impact on agricultural land from all actual and potential listings and designations under this Act; and

   Inserted: "(ii) a map of all locations in the United States that are proposed for critical habitat designations.

   Inserted: "(3) Actual notice.--In listing species or designating habitat under this Act, the Secretary of the Interior shall, to the maximum extent practicable, provide actual notice to affected landowners and other parties.

   Inserted: "(4) Appeals.--Before a species is listed or habitat is designated under this Act, the Secretary of Agriculture shall make available to affected landowners and other parties a description of all options that are available to appeal or obtain compensation from the listing or designation (including administrative and judicial options) against the Federal Government.

   Inserted: "(5) Trespassing on private property.--

   Inserted: "(A) In general.--If any person enters private land without the consent of the landowner to promote the purposes of this Act, any data obtained during or as a result of the trespass shall not be considered--

   Inserted: "(i) to be the best available science; or

   Inserted: "(ii) to meet the scientific quality standards issued under section 515 of the Treasury and General Government Appropriations Act, 2001 (Public Law 106 554; 114 Stat. 2763A 153) (commonly referred to as the 'Data Quality Act').

   Inserted: "(B) Aerial surveillance.--No science that is produced as a result of aerial surveillance of private land without the consent of the landowner shall be considered to meet the scientific quality standards described in subparagraph (A)(ii).".

   Original wording

   At the end of the bill, add the following:

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As printed