,,ii #aacth ,,congress #ast ,session ,s4 #agca ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ai1 #bjac,mr4 ,paul 7for himself1 ,mr4 ,heller1 and ,mr4 ,lee7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend the ,endangered ,species ,act of #aigc to permit ,governors of ,states to regulate intrastate endangered species and intrastate threatened species1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,endangered ,species ,management ,self-,determination ,act4 #b4 ,definition of ,,esa ,in this ,act1 the term ,,esa means the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 #c4 ,findings ,congress finds that-- 7#a7 the ,,esa was passed in #aigc as a means of protecting and recovering species and has not been substantially revised in over #be years2 7#b7 the ,,esa has not achieved its stated goal of recovering threatened species or endangered species2 7#c7 of the species listed in accordance with the ,,esa1 less than #a percent of the total number of species in the ,united ,states have been recovered and removed from the list1 largely due to data errors or other factors2 7#d7 there is-- 7,a7 no comprehensive independent study of the costs or benefits of the ,,esa2 7,b7 no full accounting of how much the ,federal ,government and ,state and local governments spend to implement1 enforce1 and comply with the ,,esa2 and 7,c7 no meaningful effort to account for the costs the ,,esa imposes on the private sector2 7#e7 the ,,esa effectively penalizes landowners for owning endangered species habitat by forcing them to bear the cost of conservation2 7#f7 the regulatory listing process under the ,,esa has become a tool for environmentalists to undermine1 slow down1 or halt construction of infrastructure projects1 hampering economic growth and employment2 and 7#g7 litigation stemming from the ,,esa and some resulting settlements between the litigants and the ,federal ,government have made the ,,esa even more unworkable1 to the detriment of species4 #d4 ,determinations of endangered species and threatened species ,section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting 1 with the consent of the ,governor of each ,state in which the endangered species or threatened species is present1 after ,the ,secretary2 and 7,b7 in paragraph 7#b77;,a77ii71 by inserting 1 with the consent of the ,governor of each ,state in which the endangered species or threatened species is present1 after 1 who2 7#b7 in subsection 7b7-- 7,a7 by striking paragraph 7#c72 7,b7 by redesignating paragraphs 7#d7 through 7#h7 as paragraphs 7#c7 through 7#g71 respectively2 7,c7 in paragraph 7#f7 7as so redesignated71 strike paragraph 7#d71 7#e71 or 7#f7 and insert paragraph 7#c71 7#d71 or 7#e72 and 7,d7 by adding at the end the following3 7#g7 ,definition of best scientific and commercial data ,in this subsection1 the term best scientific and commercial data includes any scientific evidence made available to the ,secretary by any ,state agency4 2 7#c7 by striking subsection 7c7 and inserting the following3 7c7 ,lists 7#a7 ,definition of joint resolution ,in this subsection1 the term joint resolution means only a joint resolution the matter after the resolving clause of which is as follows3 ,that ,congress approves the lists relating to endangered species and threatened species submitted by the ,secretary of the ,interior on 4 7the blank space being appropriately filled in74 7#b7 ,lists submitted to ,congress ,the ,secretary of the ,interior shall submit to ,congress-- 7,a7 a list of all species determined by the ,secretary of the ,interior or the ,secretary of ,commerce to be endangered species2 and 7,b7 a list of all species determined by the ,secretary of the ,interior or the ,secretary of ,commerce to be threatened species4 7#c7 ,congressional approval ,the lists described in paragraph 7#b7 shall not take effect until a joint resolution described in paragraph 7#a7 is enacted4 7#d7 ,contents of lists ,each list described in paragraph 7#b7 shall-- 7,a7 refer to the species included on the list by any scientific and common name2 and 7,b7 specify-- 7i7 with respect to the species over what portion of the range of the species that the species is endangered or threatened2 and 7ii7 any critical habitat within the range4 7#e7 ,publication ,the ,secretary of the ,interior shall publish in the ,federal ,register each list approved in accordance with paragraph 7#c74 7#f7 ,automatic removal 7,a7 ,in general ,on the date that is #e years after the date on which a joint resolution is enacted in accordance with this subsection1 each species listed on a list approved by the joint resolution shall be removed from the list4 7,b7 ,petition for relisting 7i7 ,in general ,the ,secretary of the ,interior1 in consultation with the ,governor of each ,state in which the endangered species or threatened species is present1 may submit to ,congress a list that includes any species that was removed under subparagraph 7,a74 7ii7 ,congressional approval ,the list described in clause 7i7 shall not take effect until a joint resolution described in paragraph 7#a7 is enacted4 2 7#d7 in subsection 7d7-- 7,a7 in the first sentence1 by striking ,whenever any species and inserting ,except as provided in subsection 7j71 whenever any species2 and 7,b7 in the second sentence1 by striking ,the ,secretary may and inserting ,except as provided in subsection 7j71 the ,secretary may2 7#e7 in subsection 7f77#a71 by striking ,the ,secretary shall and inserting ,except as provided in subsection 7j71 the ,secretary shall2 7#f7 in subsection 7g77#a71 by striking ,the ,secretary shall and inserting ,except as provided in subsection 7j71 the ,secretary shall2 7#g7 in subsection 7h7-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,the ,secretary shall and inserting ,except as provided in subsection 7j71 the ,secretary shall2 7,b7 by striking paragraphs 7#a7 and 7#b72 and 7,c7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#a7 and 7#b71 respectively2 7#h7 in subsection 7i7-- 7,a7 by striking or if the ,secretary fails to adopt a regulation pursuant to an action petitioned by a ,state agency under subsection 7b77#c712 and 7,b7 by striking or petition2 and 7#i7 by adding at the end the following3 7j7 ,intrastate endangered species or threatened species 7#a7 ,definitions ,in this subsection3 7,a7 ,governor of a ,state ,the term ,governor of a ,state means the ,governor of a ,state in which an intrastate endangered species or intrastate threatened species is present4 7,b7 ,intrastate endangered species ,the term intrastate endangered species means an endangered species that the ,governor of a ,state determines is present only within the ,state4 7,c7 ,intrastate threatened species ,the term intrastate threatened species means a threatened species that the ,governor of a ,state determines is present only within the ,state4 7#b7 ,currently listed species 7,a7 ,in general ,the ,governor of a ,state may regulate any intrastate endangered species or any intrastate threatened species listed under this section that is listed before the date of enactment of this subsection4 7,b7 ,authority of ,governor ,if the ,governor of a ,state elects to regulate an intrastate endangered species or an intrastate threatened species under subparagraph 7,a71 the ,governor of the ,state shall1 with respect to the management of the intrastate endangered species or intrastate threatened species on any land within the ,state1 have the exclusive authority to1 in accordance with the purposes and policy of this ,act-- 7i7 promulgate or enforce any regulation or guidance2 7ii7 designate a critical habitat2 7iii7 issue a permit or license2 7iv7 develop or implement a recovery plan2 and 7v7 establish any goal with respect to the recovery plan4 7,c7 ,applicable law ,the management described in subparagraph 7,b7 shall be subject to the law of the ,state in which the land1 including public lands 7as defined in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb771 is located4 7#c7 ,newly listed species 7,a7 ,in general ,the ,governor of a ,state may1 before the ,secretary or any other person1 regulate any intrastate endangered species or any intrastate threatened species listed under this section that is listed on or after the date of enactment of this subsection4 7,b7 ,applicability ,if the ,governor of a ,state elects to regulate an intrastate endangered species or an intrastate threatened species under subparagraph 7,a71 subparagraphs 7,b7 and 7,c7 of paragraph 7#b7 shall apply4 7,c7 ,judicial review ,any action by the ,governor of a ,state under this subsection shall not be subject to judicial review in any court of the ,united ,states or in any ,state court4 4 #e4 ,cost accounting ,the ,endangered ,species ,act of #aigc is amended by inserting after section #ab 7#af ,u4,s4,c4 #aeda7 the following3 #ab;,a4 ,cost accounting report 7a7 ,definitions ,in this section3 7#a7 ,direct costs ,the term direct costs includes-- 7,a7 ,federal agency obligations related to the cost of any study2 7,b7 capital1 operation1 maintenance1 and replacement costs2 and 7,c7 staffing costs4 7#b7 ,indirect costs ,the term indirect costs includes foregone power generation costs and replacement power costs1 including the net costs of any transmission of power4 7b7 ,cost of compliance 7#a7 ,in general ,except with respect to intrastate endangered species or intrastate threatened species regulated by a ,governor of a ,state under section #d7;j71 the ,administrator of the ,bonneville ,power ,administration1 the ,administrator of the ,southeastern ,power ,administration1 the ,administrator of the ,southwestern ,power ,administration1 and the ,administrator of the ,western ,area ,power ,administration shall each include in a monthly billing statement submitted to each customer of the respective ,administration the share of the direct and indirect costs to the customer incurred by the ,administration related to complying with this ,act4 7#b7 ,assistance in identifying costs ,the ,director of the ,bureau of ,reclamation shall assist the administrators described in paragraph 7#a7 with identifying the costs described in that paragraph4 7c7 ,report ,not later than ,january #cj of each year1 each of the administrators described in subsection 7b77#a71 in coordination with the ,director of the ,bureau of ,reclamation1 shall submit to the ,committee on ,environment of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report estimating the costs described in subsection 7b77#a7-- 7#a7 with respect to the ,western ,area ,power ,administration1 on a project-by-project basis2 and 7#b7 with respect to the each of the ,administrations described in subsection 7b77#a7 7except the ,western ,power ,administration71 on a systemwide basis4 #ab;,b4 ,property rights 7a7 ,determination of proposed use of real property 7#a7 ,in general ,any owner or lessee of any real property may submit to the ,secretary of the ,interior an application that includes any proposed use of the real property4 7#b7 ,determination 7,a7 ,in general ,not later than #ij days after the date on which the application described in paragraph 7#a7 is submitted1 the ,secretary of the ,interior shall submit to the owner or lessee in writing a determination as to whether the proposed use will violate any provision of this ,act4 7,b7 ,failure to respond ,if the ,secretary of the ,interior fails to respond before the expiration of the #ij-;day period described in subparagraph 7,a71 the proposed use shall be considered to not violate any provision of this ,act4 7#c7 ,effect of determinations 7,a7 ,affirmative defense ,it is an affirmative defense to any civil penalty assessed under section #aa or to any civil action1 civil suit1 or prosecution brought under that section that the owner or lessee of real property reasonably relied on a determination1 including a determination that resulted under paragraph 7#b77;,b71 that a proposed use will not violate any provision of this ,act4 7,b7 ,compensation for unfavorable determinations ,if the ,secretary of the ,interior determines that a proposed use will violate a provision of this ,act1 the owner or lessee of the real property may seek compensation in accordance with subsection 7b74 7b7 ,compensation for agency actions 7#a7 ,definitions ,in this subsection3 7,a7 ,agency action 7i7 ,in general ,the term agency action means any action taken by the ,director of the ,united ,states ,fish and ,wildlife ,service in accordance with this ,act that diminishes the fair market value of any real property by not less than #ej percent with respect to the intended use of the real property4 7ii7 ,exclusion ,the term agency action does not include any action taken with respect to intrastate endangered species or intrastate threatened species regulated by a ,governor of a ,state under section #d7;j74 7,b7 ,lessee ,the term lessee means a lessee of any real property affected by an agency action4 7,c7 ,owner ,the term owner means an owner of any real property affected by an agency action4 7#b7 ,compensation ,except as provided in paragraph 7#c77;,b71 not later than #ahj days after the date on which an agency action takes place1 the ,secretary shall pay an owner or lessee an amount equal to #aej percent of the fair market value of the real property determined in accordance with paragraph 7#c74 7#c7 ,determination of fair market value 7,a7 ,in general ,the fair market value described in paragraph 7#b7 shall be determined by #b licensed independent appraisers of whom-- 7i7 #a shall be chosen by the ,secretary2 and 7ii7 #a shall be chosen by the owner or lessee4 7,b7 ,failure to agree on fair market value 7i7 ,in general ,if the appraisers chosen under subparagraph 7,a7 fail to agree on the same fair market value1 the ,secretary and the owner shall jointly select an additional licensed independent appraiser to determine the fair market value4 7ii7 ,extension of time to make determination ,the licensed independent appraiser described in clause 7i7 shall determine the fair market value not later than #bgj days after the date on which the agency action takes place4 7,c7 ,costs ,the ,secretary shall be responsible for all costs relating to the determination of fair market value made under this paragraph4 4 #f4 ,penalties and enforcement ,section #aa7;g77#d7 of the ,endangered ,species ,act 7#af ,u4,s4,c4 #aedj7;g77#d77 is amended by striking attorney and4 #g4 ,conforming amendment ,section #f7;d77#a7 of the ,endangered ,species ,act 7#af ,u4,s4,c4 #aece7;d77#a77 is amended by striking the status of candidate species pursuant to subparagraph 7,c7 of section #d7;b77#c7 and4