LAMP Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 4483 To amend the Endangered Species Act of 1973 to increase State and local involvement in management plans. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 24, 2019 Mr. YOUNG 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Localizing Authority 4 of Management Plans Act of 2019’’ or the ‘‘LAMP Act 5 of 2019’’. 6 SEC. 2. REFERENCES. 7 Except as otherwise specifically provided, whenever in 8 this Act an amendment or repeal is expressed in terms 9 of an amendment to, or repeal of, a provision, the ref- 10 VerDate Sep 11 2014 04:29 Sep 28, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4483.IH H4483 kjohnson on DSK79L0C42 with BILLS 2 •HR 4483 IH erence shall be considered to be made to a provision of 1 the Endangered Species Act of 1973 (16 U.S.C. 1531 et 2 seq.). 3 SEC. 3. VOLUNTARY COOPERATIVE MANAGEMENT AGREE- 4 MENTS. 5 Section 6 (16 U.S.C. 1535) is amended by striking 6 so much as precedes subsection (c) and inserting the fol- 7 lowing: 8 ‘‘SEC. 6. COOPERATION WITH NON-FEDERAL PERSONS. 9 ‘‘(a) GENERALLY.—In carrying out the program au- 10 thorized by this Act, the Secretary shall cooperate to the 11 maximum extent practicable with the States and other 12 non-Federal persons. Such cooperation shall include con- 13 sultation with the States and non-Federal persons con- 14 cerned before acquiring any land or water, or interest 15 therein, for the purpose of conserving any endangered spe- 16 cies or threatened species. 17 ‘‘(b) COOPERATIVE MANAGEMENT AGREEMENTS.— 18 ‘‘(1) IN GENERAL.—The Secretary may enter 19 into a cooperative management agreement with any 20 State or group of States, political subdivision of a 21 State, Indian Tribe, local government, or non-Fed- 22 eral person— 23 ‘‘(A) for the management of a species or 24 group of species listed as endangered species or 25 VerDate Sep 11 2014 04:29 Sep 28, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4483.IH H4483 kjohnson on DSK79L0C42 with BILLS 3 •HR 4483 IH threatened species under section 4, a species or 1 group of species proposed to be listed under 2 section 4, or species or group of species that 3 are candidates for listing; or 4 ‘‘(B) for the management or acquisition of 5 an area that provides habitat for a species. 6 ‘‘(2) SCOPE OF COOPERATIVE MANAGEMENT 7 AGREEMENTS.—(A) A cooperative management 8 agreement entered into under this subsection— 9 ‘‘(i) may provide for the management of a 10 species or group of species on both public and 11 private lands and waters that are under the au- 12 thority, control, or ownership of a State or 13 group of States, political subdivision of a State, 14 Indian Tribe, local government, or non-Federal 15 person and that are affected by a listing deter- 16 mination, proposed determination, or proposed 17 candidacy for determination; and 18 ‘‘(ii) may include the acquisition or man- 19 agement of land as habitat for species. 20 ‘‘(B) A cooperative management agreement 21 may not restrict private or non-Federal property un- 22 less written consent to such restrictions by the non- 23 Federal owner is given either to the Secretary or the 24 VerDate Sep 11 2014 04:29 Sep 28, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4483.IH H4483 kjohnson on DSK79L0C42 with BILLS 4 •HR 4483 IH State, political subdivision, local government, or non- 1 Federal person who is a party to the agreement. 2 ‘‘(C) The Secretary may grant to a party to an 3 agreement the authority to undertake programs to 4 enhance the population or habitat of a species on 5 federally owned lands, except that such authority 6 shall not otherwise conflict with other uses of such 7 land that are approved by the Secretary or author- 8 ized by the Congress. 9 ‘‘(D) The Secretary is authorized, in conjunc- 10 tion with entering into and as a part of any agree- 11 ment under this section, to provide funds to carry 12 out the agreement to a non-Federal person, as pro- 13 vided in paragraph (11). 14 ‘‘(3) NOTIFICATION.—Not later than 30 days 15 after submission of a request to enter into a cooper- 16 ative management agreement, the party submitting 17 the request shall provide notice of the request to any 18 non-Federal person or Federal power marketing ad- 19 ministration that would be subject to the proposed 20 cooperative management agreement. 21 ‘‘(4) DEVELOPMENT OF PROPOSED AGREE- 22 MENT.—(A) The requesting party shall develop and 23 submit to the Secretary a proposed cooperative man- 24 agement agreement. 25 VerDate Sep 11 2014 04:29 Sep 28, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4483.IH H4483 kjohnson on DSK79L0C42 with BILLS 5 •HR 4483 IH ‘‘(B) The Secretary shall— 1 ‘‘(i) publish in the Federal Register— 2 ‘‘(I) a notice of availability of any pro- 3 posed cooperative management agreement; 4 and 5 ‘‘(II) a request for submission within 6 30 days after the date of publication of the 7 notice, of public comment on such pro- 8 posed agreement; and 9 ‘‘(ii) shall hold a public hearing on such a 10 proposed agreement in the county in which the 11 proposed agreement would be in effect, if re- 12 quested by a non-Federal person that would be 13 subject to the proposed agreement and that re- 14 sides in such county. 15 ‘‘(5) APPROVAL OF AGREEMENT.—(A) Not 16 later than 120 days after the submission of a pro- 17 posed cooperative management agreement under 18 paragraph (4), the Secretary shall determine wheth- 19 er the proposed agreement is in accordance with this 20 subsection and will promote the conservation of the 21 species to which the proposed agreement applies. 22 ‘‘(B) The Secretary shall approve and enter 23 into a proposed cooperative management agreement, 24 if the Secretary finds that— 25 VerDate Sep 11 2014 04:29 Sep 28, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4483.IH H4483 kjohnson on DSK79L0C42 with BILLS 6 •HR 4483 IH ‘‘(i) the requesting party has sufficient au- 1 thority under law to implement and carry out 2 the terms of the agreement; 3 ‘‘(ii) the agreement defines an area that 4 serves as habitat for the species or group of 5 species to which the agreement applies; 6 ‘‘(iii) the agreement adequately provides 7 for the administration and management of the 8 identified management area; 9 ‘‘(iv) the agreement promotes the conserva- 10 tion of the species to which the agreement ap- 11 plies by committing Federal or non-Federal ef- 12 forts to the conservation; 13 ‘‘(v) the term of the agreement is of suffi- 14 cient duration to accomplish the provisions of 15 the agreement; and 16 ‘‘(vi) the agreement is adequately funded 17 to carry out the agreement. 18 ‘‘(C) No later than 30 days after entering into 19 a cooperative management agreement, the Secretary 20 shall publish in the Federal Register a notice of 21 availability of the terms of such agreement and the 22 response of the Secretary to all information received 23 or presented with respect to the agreement pursuant 24 to paragraph (4)(B). 25 VerDate Sep 11 2014 04:29 Sep 28, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4483.IH H4483 kjohnson on DSK79L0C42 with BILLS 7 •HR 4483 IH ‘‘(6) ENVIRONMENTAL ASSESSMENTS.—Prepa- 1 ration, approval, and entering into a cooperative 2 management agreement under this subsection shall 3 not be subject to section 102(2) of the National En- 4 vironmental Policy Act of 1969 (42 U.S.C. 4332(2)). 5 ‘‘(7) NO SURPRISES.—For any species or area 6 that is the subject of a cooperative management 7 agreement under this subsection, a party to the 8 agreement shall not be required— 9 ‘‘(A) to make any additional payment for 10 any purpose, or to accept any additional restric- 11 tion on any parcel of land available for develop- 12 ment or land management under the agree- 13 ment, without consent of the party; or 14 ‘‘(B) to undertake any other measure to 15 minimize or mitigate impacts on the species in 16 addition to measures required by the agreement 17 as established. 18 ‘‘(8) EFFECT OF LISTING OF SPECIES.—A co- 19 operative management agreement entered into under 20 this subsection shall remain in effect and shall not 21 be required to be amended if a species to which the 22 agreement does not apply is determined to be an en- 23 dangered species or threatened species under section 24 4. 25 VerDate Sep 11 2014 04:29 Sep 28, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4483.IH H4483 kjohnson on DSK79L0C42 with BILLS 8 •HR 4483 IH ‘‘(9) APPLICABILITY OF CERTAIN PROVI- 1 SIONS.—Sections 5, 7, and 9 shall not apply to those 2 activities of a party to a cooperative management 3 agreement that are conducted in accordance with 4 such agreement. 5 ‘‘(10) VIOLATIONS OF AGREEMENTS.—(A) If 6 the Secretary determines that a party to a coopera- 7 tive management agreement is not administering or 8 acting in accordance with the agreement, the Sec- 9 retary shall notify the party. 10 ‘‘(B) If a party that is notified under subpara- 11 graph (A) fails to take appropriate corrective action 12 within a period of time determined by the Secretary 13 to be reasonable (not to exceed 90 days after the 14 date of the notification)— 15 ‘‘(i) the Secretary shall rescind the entire 16 cooperative management agreement or the ap- 17 plicability of the agreement to the party that is 18 the subject of the notification; and 19 ‘‘(ii) beginning on the date of the rescis- 20 sion— 21 ‘‘(I) the entire agreement shall not be 22 effective, or the agreement shall not be ef- 23 fective with respect to the party, whichever 24 is appropriate; and 25 VerDate Sep 11 2014 04:29 Sep 28, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4483.IH H4483 kjohnson on DSK79L0C42 with BILLS 9 •HR 4483 IH ‘‘(II) sections 5, 7, and 9 shall apply 1 to activities of the party. 2 ‘‘(11) FACA.—Consultation with States pursu- 3 ant to this section shall not be subject to the Fed- 4 eral Advisory Committee Act (5 U.S.C. App.).’’. 5 SEC. 4. DELEGATION OF AUTHORITY TO STATES. 6 (a) IN GENERAL.—Section 6 (16 U.S.C. 1535) as 7 amended by section 3 of this Act, is further amended by 8 striking subsection (c) and all that follows through sub- 9 section (f) and inserting the following: 10 ‘‘(c) STATE AUTHORITY TO PROTECT ENDANGERED 11 SPECIES AND THREATENED SPECIES.— 12 ‘‘(1) DELEGATION OF AUTHORITY.—In further- 13 ance of the purposes of this Act, the Secretary may 14 delegate to a State that establishes and maintains 15 an adequate program for the conservation of endan- 16 gered species and threatened species the authority 17 under this Act with respect to species that are resi- 18 dents in the State. Within 120 days after the Sec- 19 retary receives a certified copy of such a proposed 20 State program, the Secretary shall make a deter- 21 mination whether such program will be adequate to 22 provide protections to endangered species and 23 threatened species in such State. In order for a 24 State program to be determined to be an adequate 25 VerDate Sep 11 2014 04:29 Sep 28, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4483.IH H4483 kjohnson on DSK79L0C42 with BILLS 10 •HR 4483 IH program for the conservation of endangered species 1 and threatened species, the Secretary must find that 2 under the State program— 3 ‘‘(A)(i) State agency has authority to con- 4 serve resident species that are determined by 5 the State agency or the Secretary to be endan- 6 gered species or threatened species; 7 ‘‘(ii) the State agency has established ac- 8 ceptable conservation programs, consistent with 9 the purposes and policies of this Act, for all 10 resident species in the State that are deter- 11 mined by the Secretary to be endangered spe- 12 cies or threatened species or for those species or 13 taxonomic groups of species that the State pro- 14 poses to cover under its program, and has fur- 15 nished to the Secretary a copy of such plan and 16 program together with all pertinent details and 17 information requested by the Secretary; 18 ‘‘(iii) the State agency is authorized to 19 conduct investigations to determine the status 20 and requirements for survival of resident en- 21 dangered species and threatened species; 22 ‘‘(iv) provision is made for public partici- 23 pation in designating resident species as endan- 24 gered species or threatened species; and 25 VerDate Sep 11 2014 04:29 Sep 28, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4483.IH H4483 kjohnson on DSK79L0C42 with BILLS 11 •HR 4483 IH ‘‘(v) the State agency has initiated or en- 1 couraged voluntary or incentive based programs 2 to further the conservation objectives for the 3 species; or 4 ‘‘(B)(i) the requirements set forth in 5 clauses (iii) and (iv) of subparagraph (A) are 6 complied with; and 7 ‘‘(ii) plans are included under which imme- 8 diate attention will be given to those resident 9 species that are determined by the Secretary or 10 the State agency to be endangered species or 11 threatened species and that the Secretary and 12 the State agency agree are most urgently in 13 need of conservation programs. 14 ‘‘(2) CONTENTS OF DELEGATION AGREE- 15 MENT.—(A) Such delegation shall provide for— 16 ‘‘(i) the actions to be taken by the Sec- 17 retary and the States; 18 ‘‘(ii) the benefits that are expected to be 19 derived in connection with the conservation of 20 endangered species or threatened species; 21 ‘‘(iii) the estimated cost of such actions; 22 and 23 VerDate Sep 11 2014 04:29 Sep 28, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4483.IH H4483 kjohnson on DSK79L0C42 with BILLS 12 •HR 4483 IH ‘‘(iv) the share of such costs to be borne by 1 the Federal Government and by the States; ex- 2 cept that— 3 ‘‘(I) the Federal share of such costs 4 shall not exceed 75 percent of the esti- 5 mated program cost stated in the agree- 6 ment; and 7 ‘‘(II) the Federal share may be in- 8 creased to 90 percent if two or more States 9 having a common interest in one or more 10 endangered species or threatened species, 11 the conservation of which may be enhanced 12 by cooperation of such States, enter jointly 13 into an agreement with the Secretary. 14 ‘‘(3) COMPLIANCE WITH PROCEDURES.—In im- 15 plementing this Act under authority delegated to a 16 State by the Secretary, the State shall comply with 17 all requirements, prohibitions, and procedures set 18 forth by this Act. 19 ‘‘(4) PROHIB [Text truncated for display. Full text available on Congress.gov.]