[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6364 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 6364
To amend the Endangered Species Act of 1973 to increase State and local
involvement in management plans.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 12, 2018
Mr. Young of Alaska (for himself, Mr. Gosar, Mr. Cramer, Mr. Biggs, Mr.
Bishop of Utah, Mr. Duncan of South Carolina, Mr. Meadows, Mr. Norman,
Mr. Emmer, Mr. Luetkemeyer, Mr. Marshall, Mrs. Noem, Mr. Stewart, Mr.
Banks of Indiana, Mr. Pearce, Mr. McClintock, Mr. Gohmert, Mr.
Newhouse, and Mr. Estes of Kansas) introduced the following bill; which
was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the Endangered Species Act of 1973 to increase State and local
involvement in management plans.
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 ``Localizing Authority of Management
Plans Act of 2018'' or the ``LAMP Act of 2018''.
SEC. 2. REFERENCES.
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a provision, the reference shall be considered to be made to a
provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
SEC. 3. VOLUNTARY COOPERATIVE MANAGEMENT AGREEMENTS.
Section 6 (16 U.S.C. 1535) is amended by striking so much as
precedes subsection (c) and inserting the following:
``SEC. 6. COOPERATION WITH NON-FEDERAL PERSONS.
``(a) Generally.--In carrying out the program authorized by this
Act, the Secretary shall cooperate to the maximum extent practicable
with the States and other non-Federal persons. Such cooperation shall
include consultation with the States and non-Federal persons concerned
before acquiring any land or water, or interest therein, for the
purpose of conserving any endangered species or threatened species.
``(b) Cooperative Management Agreements.--
``(1) In general.--The Secretary may enter into a
cooperative management agreement with any State or group of
States, political subdivision of a State, Indian Tribe, local
government, or non-Federal person--
``(A) for the management of a species or group of
species listed as endangered species or threatened
species under section 4, a species or group of species
proposed to be listed under section 4, or species or
group of species that are candidates for listing; or
``(B) for the management or acquisition of an area
that provides habitat for a species.
``(2) Scope of cooperative management agreements.--(A) A
cooperative management agreement entered into under this
subsection--
``(i) may provide for the management of a species
or group of species on both public and private lands
and waters that are under the authority, control, or
ownership of a State or group of States, political
subdivision of a State, Indian Tribe, local government,
or non-Federal person and that are affected by a
listing determination, proposed determination, or
proposed candidacy for determination; and
``(ii) may include the acquisition or management of
land as habitat for species.
``(B) A cooperative management agreement may not restrict
private or non-Federal property unless written consent to such
restrictions by the non-Federal owner is given either to the
Secretary or the State, political subdivision, local
government, or non-Federal person who is a party to the
agreement.
``(C) The Secretary may grant to a party to an agreement
the authority to undertake programs to enhance the population
or habitat of a species on federally owned lands, except that
such authority shall not otherwise conflict with other uses of
such land that are approved by the Secretary or authorized by
the Congress.
``(D) The Secretary is authorized, in conjunction with
entering into and as a part of any agreement under this
section, to provide funds to carry out the agreement to a non-
Federal person, as provided in paragraph (11).
``(3) Notification.--Not later than 30 days after
submission of a request to enter into a cooperative management
agreement, the party submitting the request shall provide
notice of the request to any non-Federal person or Federal
power marketing administration that would be subject to the
proposed cooperative management agreement.
``(4) Development of proposed agreement.--(A) The
requesting party shall develop and submit to the Secretary a
proposed cooperative management agreement.
``(B) The Secretary shall--
``(i) publish in the Federal Register--
``(I) a notice of availability of any
proposed cooperative management agreement; and
``(II) a request for submission within 30
days after the date of publication of the
notice, of public comment on such proposed
agreement; and
``(ii) shall hold a public hearing on such a
proposed agreement in the county in which the proposed
agreement would be in effect, if requested by a non-
Federal person that would be subject to the proposed
agreement and that resides in such county.
``(5) Approval of agreement.--(A) Not later than 120 days
after the submission of a proposed cooperative management
agreement under paragraph (4), the Secretary shall determine
whether the proposed agreement is in accordance with this
subsection and will promote the conservation of the species to
which the proposed agreement applies.
``(B) The Secretary shall approve and enter into a proposed
cooperative management agreement, if the Secretary finds that--
``(i) the requesting party has sufficient authority
under law to implement and carry out the terms of the
agreement;
``(ii) the agreement defines an area that serves as
habitat for the species or group of species to which
the agreement applies;
``(iii) the agreement adequately provides for the
administration and management of the identified
management area;
``(iv) the agreement promotes the conservation of
the species to which the agreement applies by
committing Federal or non-Federal efforts to the
conservation;
``(v) the term of the agreement is of sufficient
duration to accomplish the provisions of the agreement;
and
``(vi) the agreement is adequately funded to carry
out the agreement.
``(C) No later than 30 days after entering into a
cooperative management agreement, the Secretary shall publish
in the Federal Register a notice of availability of the terms
of such agreement and the response of the Secretary to all
information received or presented with respect to the agreement
pursuant to paragraph (4)(B).
``(6) Environmental assessments.--Preparation, approval,
and entering into a cooperative management agreement under this
subsection shall not be subject to section 102(2) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
``(7) No surprises.--For any species or area that is the
subject of a cooperative management agreement under this
subsection, a party to the agreement shall not be required--
``(A) to make any additional payment for any
purpose, or to accept any additional restriction on any
parcel of land available for development or land
management under the agreement, without consent of the
party; or
``(B) to undertake any other measure to minimize or
mitigate impacts on the species in addition to measures
required by the agreement as established.
``(8) Effect of listing of species.--A cooperative
management agreement entered into under this subsection shall
remain in effect and shall not be required to be amended if a
species to which the agreement does not apply is determined to
be an endangered species or threatened species under section 4.
``(9) Applicability of certain provisions.--Sections 5, 7,
and 9 shall not apply to those activities of a party to a
cooperative management agreement that are conducted in
accordance with such agreement.
``(10) Violations of agreements.--(A) If the Secretary
determines that a party to a cooperative management agreement
is not administering or acting in accordance with the
agreement, the Secretary shall notify the party.
``(B) If a party that is notified under subparagraph (A)
fails to take appropriate corrective action within a period of
time determined by the Secretary to be reasonable (not to
exceed 90 days after the date of the notification)--
``(i) the Secretary shall rescind the entire
cooperative management agreement or the applicability
of the agreement to the party that is the subject of
the notification; and
``(ii) beginning on the date of the rescission--
``(I) the entire agreement shall not be
effective, or the agreement shall not be
effective with respect to the party, whichever
is appropriate; and
``(II) sections 5, 7, and 9 shall apply to
activities of the party.
``(11) FACA.--Consultation with States pursuant to this
section shall not be subject to the Federal Advisory Committee
Act (5 U.S.C. App.).''.
SEC. 4. DELEGATION OF AUTHORITY TO STATES.
(a) In General.--Section 6 (16 U.S.C. 1535) as amended by section 3
of this Act, is further amended by striking subsection (c) and all that
follows through subsection (f) and inserting the following:
``(c) State Authority To Protect Endangered Species and Threatened
Species.--
``(1) Delegation of authority.--In furtherance of the
purposes of this Act, the Secretary may delegate to a State
that establishes and maintains an adequate program for the
conservation of endangered species and threatened species the
authority under this Act with respect to species that are
residents in the State. Within 120 days after the Secretary
receives a certified copy of such a proposed State program, the
Secretary shall make a determination whether such program will
be adequate to provide protections to endangered species and
threatened species in such State. In order for a State program
to be determined to be an adequate program for the conservation
of endangered species and threatened species, the Secretary
must find that under the State program--
``(A)(i) State agency has authority to conserve
resident species that are determined by the State
agency or the Secretary to be endangered species or
threatened species;
``(ii) the State agency has established acceptable
conservation programs, consistent with the purposes and
policies of this Act, for all resident species in the
State that are determined by the Secretary to be
endangered species or threatened species or for those
species or taxonomic groups of species that the State
proposes to cover under its program, and has furnished
to the Secretary a copy of such plan and program
together with all pertinent details and information
requested by the Secretary;
``(iii) the State agency is authorized to conduct
investigations to determine the status and requirements
for survival of resident endangered species and
threatened species;
``(iv) provision is made for public participation
in designating resident species as endangered species
or threatened species; and
``(v) the State agency has initiated or encouraged
voluntary or incentive based programs to further the
conservation objectives for the species; or
``(B)(i) the requirements set forth in clauses
(iii) and (iv) of subparagraph (A) are complied with;
and
``(ii) plans are included under which immediate
attention will be given to those resident species that
are determined by the Secretary or the State agency to
be endangered species or threatened species and that
the Secretary and the State agency agree are most
urgently in need of conservation programs.
``(2) Contents of delegation agreement.--(A) Such
delegation shall provide for--
``(i) the actions to be taken by the Secretary and
the States;
``(ii) the benefits that are expected to be derived
in connection with the conservation of endangered
species or threatened species;
``(iii) the estimated cost of such actions; and
``(iv) the share of such costs to be borne by the
Federal Government and by the States; except that--
``(I) the Federal share of such costs shall
not exceed 75 percent of the estimated program
cost stated in the agreement; and
``(II) the Federal share may be increased
to 90 percent if two or more States having a
common interest in one or more endangered
species or threatened species, the conservation
of which may be enhanced by cooperation of such
States, enter jointly into an agreement with
the Secretary.
``(3) Compliance with procedures.--In implementing this Act
under authority delegated to a State by the Secretary, the
State shall comply with all requirements, prohibitions, and
procedures set forth by this Act.
``(4) Prohibitions not affected.--A delegation to a State
whose program is determined adequate under paragraph (1) shall
not affect the applicability of prohibitions set forth in or
authorized pursuant to section 4(d) or paragraph (1) or (2) of
section 9(a) with respect to the taking of any resident
endangered species or threatened species in the State.
``(d) Financial Assistance.--
``(1) In general.--The Secretary may provide financial
assistance to any State, through its respective State agency,
that has entered into a cooperative management agreement under
subsection (b) or received authority under a delegation under
subsection (c) of this section to assist in development of
programs for the conservation of endangered species and
threatened species or to assist in monitoring the status of
candidate species pursuant to subparagraph (C) of section
4(b)(3) and recovered species pursuant to section 4(f). The
Secretary shall allocate among such States each annual
appropriation under subsection (i) based on consideration of--
``(A) the international commitments of the
United States to protect endangered species or
threatened species;
``(B) the readiness of a State to proceed
with a conservation program consistent with the
objectives and purposes of this Act;
``(C) the number of endangered species and
threatened species within a State;
``(D) the potential for restoring
endangered species and threatened species
within a State;
``(E) the relative urgency to initiate a
program to restore and protect an endangered
species or threatened species, in terms of
survival of the species;
``(F) the importance of monitoring the
status of candidate species within a State to
prevent a significant risk to the well-being of
any such species; and
``(G) the importance of monitoring the
status of recovered species within a State to
assure that such species do not return to the
point at which the measures provided pursuant
to this Act are again necessary.
``(2) Unobligated amounts.--So much of the annual
appropriation made under subsection (i) allocated for
obligation to any State for any fiscal year as remains
unobligated at the end thereof may be made available to
that State until the end of the succeeding fiscal year.
Any amount allocated to any State that is unobligated
at the end of the period during which it is available
for expenditure may be made available for expenditure
by the Secretary in conducting programs under this
section.
``(3) Advance of funds.--The Secretary may, in the
Secretary's discretion, and under such rules and
regulations as the Secretary may prescribe, advance
funds to the State for financing the United States pro
rata share agreed upon in the cooperative agreement.
For the purposes of this section, the non-Federal share
may, in the discretion of the Secretary, be in the form
of money or real property, the value of which shall be
determined by the Secretary, whose decision shall be
final.
``(e) Review of State Programs.--Any action taken by the Secretary
under this section shall be subject to his periodic review at intervals
of no greater intervals 5 years.
``(f) Conflicts Between Federal and State Laws.--Any State law or
regulation that applies with respect to the importation or exportation
of, or interstate or foreign commerce in, endangered species or
threatened species is void to the extent that it may effectively--
``(1) permit what is prohibited by this Act or by any
regulation that implements this Act; or
``(2) prohibit what is authorized pursuant to an exemption
or permit provided for in this Act or in any regulation that
implements this Act. This Act shall not otherwise be construed
to void any State law or regulation that is intended to
conserve migratory, resident, or introduced fish or wildlife,
or to permit or prohibit sale of such fish or wildlife. Any
State law or regulation respecting the taking of an endangered
species or threatened species may be more restrictive than the
exemptions or permits provided for in this Act or in any
regulation that implements this Act.''.
(b) Conforming Amendment.--Section 6(g)(2)(A) (16 U.S.C.
1535(g)(2)(A)) is amended to read as follows:
``(A) to which the Secretary has delegated
authority under subsection (c); or''.
SEC. 5. FACA.
Section 6 (16 U.S.C. 1535), as amended by sections 3 and 4 of this
Act, is further amended by adding at the end the following:
``(j) FACA.--Consultation with States regarding this section shall
not be subject to the Federal Advisory Committee Act (5 U.S.C.
App.).''.
<all>