[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1965 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1965
To amend the Endangered Species Act of 1973 to limit the application of
that Act with respect to actions on military land or private land and
to provide incentives for voluntary habitat maintenance, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 6, 2003
Mr. Gibbons introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To amend the Endangered Species Act of 1973 to limit the application of
that Act with respect to actions on military land or private land and
to provide incentives for voluntary habitat maintenance, 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 ``Property Protection and
Encouragement Act''.
SEC. 2. LIMITATION ON APPLICATION OF CONSULTATION REQUIREMENTS WITH
RESPECT TO ACTION ON MILITARY LAND OR PRIVATE LAND.
Section 7(a) of the Endangered Species Act of 1973 (16 U.S.C. 1536)
is amended by adding at the end the following:
``(5) This section does not apply with respect to an agency
action that--
``(A) is authorized, funded, or carried out by the
Department of Defense and that occurs on land that is
under the administrative jurisdiction of the Department
of Defense; or
``(B) occurs on land that is privately owned.''.
SEC. 3. LIMITATION ON APPLICATION OF TAKING PROHIBITION WITH RESPECT TO
ACTION ON MILITARY LAND OR PRIVATE LAND.
Section 9(a) of the Endangered Species Act of 1973 (16 U.S.C.
1538(a)) is amended--
(1) in paragraph (1) in the matter preceding subparagraph
(A) by inserting ``paragraph (3) of this subsection or in''
after ``Except as provided in''; and
(2) by adding at the end the following:
``(3) Paragraph (1)(B) does not prohibit any act or
omission that occurs on land that is under the administrative
jurisdiction of the Department of Defense or on land that is
privately owned.''.
SEC. 4. VOLUNTARY HABITAT MAINTENANCE PROGRAM.
Notwithstanding any other provision of law, the Secretary of the
Interior shall create a voluntary program to use funds transferred
under section 2507 of the Farm Security and Rural Investment Act of
2002 (Public Law 107-171; 116 Stat. 275; 43 U.S.C. 2211 note), to make
payments to private land owners whose property right or water right has
or is a habitat for a threatened or endangered species and who
voluntarily elect to enroll into the program in order to maintain
habitat for a threatened species or endangered species. The Secretary
shall make payments under this section to be determined by the
Secretary to each private land owner whose property right or water
right has or is a habitat for a threatened or endangered species and
who has voluntarily elected to enroll into the program created by the
Secretary. The Secretary shall issue regulations implementing this
program no later than 90 days after the date of enactment of this Act.
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