SUMMARY OF AMENDMENTS SUBMITTED TO THE RULES COMMITTEE ON 
H.R. 3824 - THREATENED AND ENDANGERED SPECIES RECOVERY ACT OF 2005

(in alphabetical order)

SUMMARY OF AMENDMENTS

(summaries derived from information provided by sponsors)

Calvert #2
Allows actions authorized under an approved Section 10 permit to be carried out without being subject to a second Section 7 consultation.

DeFazio #5
Requires the Secretary to pay aid to landowners for direct economic losses associated with Endangered Species Act regulation, but would prohibit the Secretary from compensating landowners for any and all business losses and forgone uses.

Farr #12
Amendment to the Pombo Manager’s Amendment. Strikes Section 21 of the manager’s amendment to transfer to the Secretary of the Interior all duties, resources, and responsibilities of the Secretary of Commerce under the Endangered Species Act. LATE. WITHDRAWN

Flake/Bordallo #8
Prevents operators of water storage reservoirs, water diversion structures, canals, or other artificial water delivery facilities from being held accountable for impacts to endangered species due to recreational fishing programs managed by a State Agency.

Markey #10
Ensures that those areas of special value identified by the Secretary are protected. LATE

Miller(CA)/ Boehlert/Dingell/ Gilchrest/Dicks/Saxton/ Tauscher/Kirk #9
Amendment in the Nature of a Substitute. Improves the use of science, providing certainty to landowners, providing flexibility on deadlines for listing species, creating a voluntary conservation program to promote species conservation on private lands, creating a technical assistance program to help small landowners, increasing the role of State and localities, ensuring accountability of the Department of Interior, ensuring that permit and license applicants fully participate in the consultations process, and requiring a balancing of risks in planning for species recovery. LATE. REVISED

Otter #1
Requires the four Power Marketing Administrations to include the direct and indirect costs associated with Endangered Species Act compliance in their customers’ monthly billings.

Pombo #7
Manager's Amendment. Makes a number of technical changes to clarify certain provisions and address issues concerning science, definition of “jeopardy”, consolidation of ESA related programs, and review of protective regulations. Allows actions authorized under an approved Section 10 permit to be carried out without duplicative consultation. Prevents water stakeholders from being held accountable for impacts due to State actions. Requires the four Power Marketing Administrations to include ESA costs in their monthly billings. Directs the Secretary of Interior to survey certain federal lands to assess their value for report to Congress. REVISED

Putnam #11
Clarifies conflicting statutes to make ESA the governing statutory authority when receiving a dock building permit. LATE

Saxton #6
Directs the Secretary of Interior to survey lands currently managed by the Bureau of Land Management and the U.S. Forest Service to assess their value for the recovery of listed species and for addition to the National Wildlife Refuge System, and makes recommendations to Congress, within two years from the date of enactment, for transferring such lands to the National Wildlife Refuge System.

Shays #3
Strikes Section 20 of the bill which states the for the first five years after enactment of the bill, any federal agency, state agency or person that wants to use a pesticide and is in compliance with the Federal Insecticide, Fungicide, and Rodenticide Act, will be considered to be in compliance with the Endangered Species Act. By striking this section, current law would be maintained and would require pesticide use to be in compliance with both the Federal Insecticide, Fungicide, and Rodenticide Act and the Endangered Species Act.

Shays #4
Strikes Section 11 of the bill which includes provisions that would limit inter-agency consultation, allow for agency self-consultation, allow the project proponent to offer only the “best science data available,” excluding the current requirement of commercial data, allow the project proponent to comment on biological opinions, but would eliminate public comments, and would eliminate the Endangered Species Committee, among other things. Striking this section would restore inter-agency consultation between the Fish and Wildlife Service and NOAA Fisheries and other federal agencies, and ensure the use of the best data available in project decisions, as the currently stands under the Endangered Species Act.

* Summaries derived from information submitted by the amendment sponsors.