S. 855 · 114th Congress
Endangered Species Management Self-Determination Act
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Never voted on. It didn't reach a floor vote before the 114th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
R
PaulSponsor1 cosponsor · 1 R
1 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
Amends the Endangered Species Act of 1973 (ESA) to require the consent of the governor of a state in which a species is present for: (1) a determination of endangered or threatened species status by regulation, and (2) listing of the species as endangered or threatened by the Department of the Interior upon a determination by the Department of Commerce.
What it does: CRS summary · Introduced in Senate · Mar 24, 2015
Endangered Species Management Self-Determination Act
Amends the Endangered Species Act of 1973 (ESA) to require the consent of the governor of a state in which a species is present for: (1) a determination of endangered or threatened species status by regulation, and (2) listing of the species as endangered or threatened by the Department of the Interior upon a determination by the Department of Commerce.
Eliminates a rulemaking procedure involving the petitioning by an interested person for adding a species to, or removing a species from, the lists of endangered and threatened species.
Defines "best scientific and commercial data," for purposes of determinations, to include any scientific evidence made available by any state agency.
Subjects determinations by Interior and Commerce to list species as endangered or threatened to congressional approval by joint resolution. Requires removal of each species listed on an approved list five years after the joint resolution is enacted. Provides a procedure for re-submission by Interior, in consultation with the governor of each state in which the endangered or threatened species is present, of a list including a species so removed and subjects that list to approval by joint resolution.
Eliminates the requirement for guidelines concerning petitions.
Establishes a process for exclusive state regulation of endangered or threatened species determined by a state governor to be present only within that state. Precludes judicial review of any such action. Subjects the following to the process of intrastate regulation: (1) issuance of species conservation regulations, (2) recovery plan implementation, (3) species recovery monitoring, and (4) establishment of agency guidelines.
Requires the Bonneville, Southeastern, Southwestern, and Western Area Power Administrations, except with respect to intrastate species regulation, to include in customer monthly billing statements information on the share of costs to the customer incurred as a result of ESA compliance.
Allows an owner or lessee of any real property to submit to Interior an application that includes any proposed use of the real property for a determination of whether the use will violate ESA. Deems the use to be compliant if Interior fails to respond within 90 days. Allows the owner or lessee to seek compensation (150% of the property's fair market value) if the use is determined to violate ESA and an action of the U.S. Fish and Wildlife Service diminishes the fair market value of any real property by at least 50% with respect to the intended use.
Eliminates the award of attorney fees in citizen suits under ESA.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: Endangered Species Management Self-Determination Act
Latest action (May 6, 2015): Committee on Environment and Public Works. Hearings held.
Policy area: Environmental Protection · Origin: Senate · Introduced: Mar 24, 2015
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.