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Title II — Species Protection and Conservation Measures

H.R. 4419 · 113th Congress · Apr 8, 2014 · Lineage

II Species Protection and Conservation Measures

Sec. 201 Definitions

In this title:
(1)
Council— The term “Council” means the Federal/State Endangered Species Council established for a State.
(2)
National forest system land— The term “National Forest System lands” refers to the federally owned lands within the National Forest System, as described in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
(3)
Public land— The term “public lands” has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
(4)
Secretary concerned— The term “Secretary concerned” means—
(A)
the Secretary of Agriculture, with respect to National Forest System lands; and
(B)
the Secretary of the Interior, with respect to public lands.
(5)
Threat— The term “threat” means those threats to an endangered or threatened species or a species being considered for listing as an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) arising from wildfire, inadequate post-fire restoration, displacement of habitat by invasive plant species, other habitat encroachments, over-grazing by wild horses and burros, and predation (including by predators protected by the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.)).

Sec. 202 Protection and conservation measures to alleviate threats to endangered or threatened species and to prevent additional listings

(a)
Efforts on public lands and National Forest System lands— The Secretary concerned shall conduct management activities, conservation programs, and pilot projects for public lands and National Forest System lands to address threats to—
(1)
the habitat and viability of endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
(2)
the habitat and viability of other species to alleviate the need to list a species as an endangered or threatened species under the Endangered Species Act of 1973.
(b)
Efforts on Other lands— The Secretary concerned may also support efforts by another Federal agency, a State, a political subdivision of a State, an Indian tribe, or a private entity to address threats to an endangered or threatened species or to protect and conserve another species to alleviate the need to list a species as an endangered or threatened species.
(c)
Authorized activities— Authorized management activities, conservation programs, and pilot projects conducted under this section may involve any of the following:
(1)
Fire suppression, pre-treatment, fuels management, and fuel breaks.
(2)
Invasive species control and response to encroachment of endangered or threatened species or species considered for listing by other native species, including experimental biochemical controls for invasive species.
(3)
Habitat restoration.
(4)
Wild horses and burros fertility control, adoption, and other non-slaughter management.
(5)
Predator control.
(6)
Rapid eco-regional assessment.
(7)
Controlled burns.
(8)
Re-seeding and native seed purchasing and storage.
(9)
Green stripping.
(10)
Targeted grazing to reduce fuels and invasive species, including targeted grazing of invasive species and fuels in additional months and increasing the issuance of grazing permits for targeted grazing.

Sec. 203 Federal/State Endangered Species Councils

(a)
Councils required— The Secretary of Agriculture and the Secretary of the Interior shall carry out this title in a State in consultation with a Federal/State Endangered Species Council consisting of representatives of the Secretaries concerned and the Governor of the State and representatives of affected political subdivisions of the State.
(b)
Council role— The Council for a State shall assist the Secretary concerned to prioritize habitat conservation efforts, determine habitat land designations, and select management activities, conservation programs, and pilot projects under this title.

Sec. 204 Funding requirements

(a)
Priority for on-the-Ground efforts— Of the funds made available to carry out this title for a fiscal year, including funds made available to Councils under section 306, at least 75 percent shall be used for management activities, conservation programs, and pilot projects under this title.
(b)
Administrative costs— Not more than 25 percent of the funds made available to carry out this title for a fiscal year may be used for planning and administrative purposes.
(c)
Acceptance of in-Kind contributions— The Secretary concerned may accept contributions in money, services, materials, or otherwise, to support efforts under this title.

Sec. 205 Categorical exclusion and other exceptions

A management activity, conservation program, or pilot project to be conducted on a parcel of public lands or National Forest System lands consisting of 10,000 acres or less and directly related to threats to an endangered or threatened species or to another species considered for listing as an endangered or threatened species shall be—
(1)
categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations; and
(2)
exempt from the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) and any other requirement relating to the survey, identification, or disruption of archeological or cultural resources on public lands or National Forest System lands.