H.R. 3824 - Threatened and Endangered Species Recovery Act of 2005

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Wednesday, September 28, 2005.
FLOOR ACTION: ADOPTED BY THE YEAS AND NAYS BY A VOTE OF 252-171 AFTER AGREEING TO THE PREVIOUS QUESTION on Thursday, September 29, 2005
MANAGERS: HASTINGS(WA)/MCGOVERN
109th Congress
1st Session

 

H. RES. 470
[Report No. 109-240]

H.R. 3824 - THREATENED AND ENDANGERED SPECIES RECOVERY ACT OF 2005

1.Structured rule.

2. Provides 90 minutes of general debate equally divided and controlled by the chairman and ranking minority member of the Committee on Resources.

3. Waives all points of order against consideration of the bill.

4. Provides that in lieu of the amendment recommended by the Committee on Resources now printed in the bill, the amendment in the nature of a substitute consisting of the text of the Resources Committee Print dated September 26, 2005 shall be considered as an original bill for the purpose of amendment and shall be considered as read.

5. Waives all points of order against that committee amendment in the nature of a substitute.

6. Makes in order only those amendments printed in the Rules Committee report accompanying the resolution.

7. Provides that the amendments printed in the report may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for a division of the question in the House or in the Committee of the Whole.

8. Waives all points of order against the amendments printed in the report.

9. Provides one motion to recommit with or without instructions.

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RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 3824) to amend and reauthorize the Endangered Species Act of 1973 to provide greater results conserving and recovering listed species, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed ninety minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Resources. After general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendment recommended by the Committee on Resources now printed in the bill, it shall be in order to consider as an original bill an amendment in the nature of a substitute consisting of the text of the Resources Committee Print dated September 26, 2005. That amendment in the nature of a substitute shall be considered as read. All points of order against that committee amendment in the nature of a substitute are waived. Notwithstanding clause 11 of rule XVIII, no amendment to that amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

 

SUMMARY OF AMENDMENTS MADE IN ORDER

(summaries derived from information provided by sponsors)

 

1. . Pombo
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. Clarifies conflicting statutes to make ESA the governing statutory authority when receiving a dock building permit. (20 minutes)

2. . Miller, George (CA)/ Boehlert/Dingell/Gilchrest/Dicks/Saxton/Tauscher/Kirk
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. (60 minutes)

 

TEXT OF THE AMENDMENTS (.pdf)  

1. Pombo

2. Miller, George (CA)/ Boehlert/Dingell/Gilchrest/Dicks/Saxton/Tauscher/Kirk