[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1521 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1521

To reauthorize and amend the Endangered Species Act of 1973 to improve 
     and protect the integrity of the programs of such Act for the 
 conservation of threatened and endangered species, to ensure balanced 
  consideration of all impacts of decisions implementing such Act, to 
  provide for equitable treatment of non-Federal persons and Federal 
agencies under such Act, to encourage non-Federal persons to contribute 
      voluntarily to species conservation, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 6 (legislative day, September 27), 1993

  Mr. Shelby (for himself, Mr. Gorton, Mr. Mathews Mr. Packwood, Mr. 
Cochran, and Mr. Heflin) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To reauthorize and amend the Endangered Species Act of 1973 to improve 
     and protect the integrity of the programs of such Act for the 
 conservation of threatened and endangered species, to ensure balanced 
  consideration of all impacts of decisions implementing such Act, to 
  provide for equitable treatment of non-Federal persons and Federal 
agencies under such Act, to encourage non-Federal persons to contribute 
      voluntarily to species conservation, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Endangered Species Act Procedural 
Reform Amendments of 1993''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References to Endangered Species Act of 1973.
   TITLE I--ENSURING THE INTEGRITY OF THE LISTING, CRITICAL HABITAT 
                DESIGNATION, AND CONSULTATION PROCESSES

Sec. 101. Peer review.
Sec. 102. Consideration of State, local, and foreign government 
                            activities.
Sec. 103. Priority for species conservation.
Sec. 104. Improving data collection and analysis.
Sec. 105. Providing an open and thorough process for designating 
                            critical habitat.
Sec. 106. Equal access to judicial review.
Sec. 107. Improving the consultation and conferencing processes for 
                            Federal agency actions.
Sec. 108. Clarifying the effects of secondary impacts.
   TITLE II--PROVIDING SIGNIFICANCE TO THE RECOVERY PLANNING PROCESS

Sec. 201. Ensuring preparation and use of timely, comprehensive, and 
                            effective recovery plans.
 TITLE III--ENSURING THAT THE COMPLIANCE PROCEDURES AND STANDARDS FOR 
  NON-FEDERAL PERSONS ARE NOT MORE BURDENSOME THAN THE PROCEDURES AND 
                STANDARDS APPLICABLE TO FEDERAL AGENCIES

Sec. 301. Establishing consultation procedures with respect to private 
                            actions.
Sec. 302. Defining the take prohibition in accordance with the intent 
                            of Congress.
Sec. 303. Clarifying the application of take prohibitions.
Sec. 304. Authorizing the issuance of general permits.
Sec. 305. Improving the conservation planning process.
Sec. 306. Providing for exemptions of private actions and relieving 
                            payment requirements.
Sec. 307. Compensating property owners for substantially diminished 
                            value.
    TITLE IV--PROVIDING FOR HABITAT CONSERVATION INCENTIVE PROGRAMS

Sec. 401. Cooperative Management Agreements.
Sec. 402. Habitat reserve grants.
             TITLE V--REAUTHORIZATION AND OTHER AMENDMENTS

Sec. 501. Providing guidance for the release of experimental 
                            populations.
Sec. 502. Recognition of captive propagation as means of recovery.
Sec. 503. Clarifying the application of prohibitions to threatened 
                            species.
Sec. 504. Citizen suits. 
Sec. 505. Increased authorization of appropriations.

SEC. 3. REFERENCES TO ENDANGERED SPECIES ACT OF 1973.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.).

   TITLE I--ENSURING THE INTEGRITY OF THE LISTING, CRITICAL HABITAT 
                DESIGNATION, AND CONSULTATION PROCESSES

SEC. 101. PEER REVIEW.

    Section 4 (16 U.S.C. 1533) is amended by adding at the end the 
following new subsection:
    ``(j) Peer Review Requirement.--(1) If an interested person 
submits, in accordance with paragraph (2), a request for a peer review 
of an action described in paragraph (3), the Secretary of the Interior 
or the Secretary of Commerce shall--
            ``(A) appoint, from among individuals recommended by the 
        head of the National Academy of Sciences, 3 qualified 
        individuals who shall review all scientific and commercial data 
        on which the action is based, and all analyses of the data 
        performed for the purposes of the action; and
            ``(B) on completion of the review referred to in 
        subparagraph (A), consider and weigh carefully the results of 
        the review.
    ``(2) Any interested person may request the Secretary to conduct a 
peer review under paragraph (1) with respect to an action described in 
paragraph (3), by submitting the request to the Secretary not later 
than 90 days after the date of publication of the notice of proposed 
rulemaking for the action.
    ``(3) An action referred to in paragraphs (1) and (2) is--
            ``(A) the determination that a species is an endangered 
        species or threatened species under subsection (a)(1); or
            ``(B) the designation, or revision of designation, of 
        critical habitat for an endangered species or threatened 
        species under subsection (a)(3).
    ``(4) The Secretary shall publish with any final rule implementing 
an action described in paragraph (3) a summary of the results of the 
peer review conducted under this subsection with respect to the rule 
and the response of the Secretary to the results.
    ``(5) As used in this section, the term `qualified individual' 
means an individual with appropriate knowledge, training, or experience 
who is not employed by, under contract to, or receiving or using a 
grant or other financial assistance from the Secretary of the Interior 
or the Secretary of Commerce.''.

SEC. 102. CONSIDERATION OF STATE, LOCAL, AND FOREIGN GOVERNMENT 
              ACTIVITIES.

    Section 4(a)(1)(D) (16 U.S.C. 1533(a)(1)(D)) is amended by 
inserting after ``existing'' the following: ``Federal, State, and local 
government and international''.

SEC. 103. PRIORITY FOR SPECIES CONSERVATION.

    Subsection (f) of section 4 (16 U.S.C. 1533(f)) is amended to read 
as follows:
    ``(f) Priorities in Determining and Considering Endangered Species 
and Threatened Species.--The Secretary may determine and conserve 
endangered species and threatened species under this Act in the 
following order of priority:
            ``(1) Single species genera.
            ``(2) Species.
            ``(3) Subspecies.
            ``(4) Distinct population segments.''.

SEC. 104. IMPROVING DATA COLLECTION AND ANALYSIS.

    (a) State Participation.--Section 4(b)(1)(A) (16 U.S.C. 
1533(b)(1)(A)) is amended by inserting ``soliciting and fully 
considering scientific and commercial data concerning the status of a 
species from the appropriate State, if any, and'' after ``and after''.
    (b) Federal Government Responsibility.--Section 4(b) (16 U.S.C. 
1533(b)) is amended by adding at the end the following new paragraph:
    ``(9)(A) For the purposes of paragraphs (1) and (2), the best 
scientific and commercial data available shall be, to the maximum 
extent feasible, data that are verified by field testing.
    ``(B) The Secretary shall identify and publish in the Federal 
Register with each proposed rule promulgated under paragraph (1) or (3) 
of subsection (a) a description of--
            ``(i) any gap in the data to be considered in making the 
        determination under the subsection to which the proposed rule 
        relates;
            ``(ii) data that are necessary to make the determination 
        and that can be collected within the period available for 
        making the determination; and
            ``(iii) data that are necessary to ensure the continued 
        viability of the determination, and each deadline for 
        collecting the data.
    ``(C) In making a determination pursuant to paragraph (1) or (3) of 
subsection (a), the Secretary shall collect and consider the data 
identified and described pursuant to subparagraph (B)(ii).
    ``(D) The Secretary shall identify and publish in the Federal 
Register with each final rule promulgated under paragraph (1) or (3) of 
subsection (a)--
            ``(i) a description of any data that have not been 
        collected and considered in the determination to which the rule 
        relates and that are necessary to ensure the continued 
        scientific integrity of the determination; and
            ``(ii) each deadline by which the Secretary shall collect 
        and consider the data in accordance with subparagraph (E).
    ``(E) Not later than the deadline published by the Secretary 
pursuant to subparagraph (D)(ii), the Secretary shall--
            ``(i) collect the data referred to in such subparagraph;
            ``(ii) provide an opportunity for public review and comment 
        on the data;
            ``(iii) consider the data after the review and comment; and
            ``(iv) publish in the Federal Register the results of the 
        consideration and a description of and schedule for any actions 
        warranted by the data.''.
    (c) Conforming Amendment.--The first sentence of section 4(b)(2) 
(16 U.S.C. 1533(b)(2)) is amended by inserting ``and commercial'' after 
``scientific''.

SEC. 105. PROVIDING AN OPEN AND THOROUGH PROCESS FOR DESIGNATING 
              CRITICAL HABITAT.

    Section 4(b)(2) (16 U.S.C. 1533(b)(2)) is amended--
            (1) by inserting ``(A)'' after ``(2)'';
            (2) in subparagraph (A) (as so designated)--
                    (A) in the first sentence, by striking ``specifying 
                any particular area as critical habitat'' and inserting 
                ``designating any particular area as critical habitat 
                and the determination made pursuant to subsection 
                (a)(1)''; and
                    (B) in the second sentence, by striking ``may'' and 
                inserting ``shall''; and
            (3) by adding at the end the following new subparagraph:
    ``(B) A proposed regulation promulgated pursuant to subsection 
(a)(3) shall describe in detail the economic impacts and other relevant 
impacts that are to be considered, and the benefits that are to be 
weighed, in designating an area as critical habitat. The description, 
and the documentation supporting the description, shall be submitted to 
the Bureau of Labor Statistics of the Department of Labor. The 
Commissioner of Labor Statistics shall submit written comments during 
the comment period on the proposed regulation. The Secretary shall 
respond separately and fully to each comment in the final 
regulation.''.

SEC. 106. EQUAL ACCESS TO JUDICIAL REVIEW.

    Section 4(b)(3)(C) (16 U.S.C. 1533(b)(3)(C)) is amended by striking 
clause (ii) and inserting the following new clause:
    ``(ii) Any finding described in subparagraph (A) or (B) shall be 
subject to judicial review.''.

SEC. 107. IMPROVING THE CONSULTATION AND CONFERENCING PROCESSES FOR 
              FEDERAL AGENCY ACTIONS.

    (a) Consultation Standards and Procedures.--Section 7 (16 U.S.C. 
1536) is amended--
            (1) in subsection (a)--
                    (A) in the first sentence of paragraph (2), by 
                striking ``or result in the destruction or adverse 
                modification of habitat of such species which is 
                determined by the Secretary, after consultation as 
                appropriate with affected States, to be critical,'' and 
                inserting ``or destroy or adversely modify any habitat 
                that is designated by the Secretary as critical habitat 
                of such a species in a manner that is likely to 
                jeopardize the continued existence of the species,'';
                    (B) in paragraph (4), by striking ``or result in 
                the destruction or adverse modification of critical 
                habitat proposed to be designated for such species'' 
                and inserting ``or to destroy or adversely modify any 
                habitat that is proposed to be designated by the 
                Secretary as critical habitat of such a species in a 
                manner that is likely to jeopardize the continued 
                existence of the species''; and
                    (C) by adding at the end the following new 
                paragraphs:
    ``(5) Consultation and conferencing under paragraphs (2) and (4) 
shall not be required for any agency action that is consistent with--
            ``(A) the actions provided for in a final recovery plan 
        developed under section 5; or
            ``(B) the requirements of a Cooperative Management 
        Agreement in effect under section 6(b).
    ``(6) An agency action shall not be a taking prohibited by this Act 
or any regulation issued under this Act if the action is consistent 
with--
            ``(A) the actions provided for in a final recovery plan 
        developed under section 5; or
            ``(B) the requirements of a Cooperative Management 
        Agreement in effect under section 6(b).''; and
            (2) in subsection (b)(3)(A), by striking the second 
        sentence and inserting the following new sentence: ``If the 
        Secretary finds that the action is likely to result in jeopardy 
        to the continued existence of the species as described in 
        subsection (a), the Secretary shall suggest reasonable and 
        prudent alternatives (considering the reasonable and prudent 
        alternatives undertaken by other Federal agencies) that are 
        consistent with subsection (a)(2) and that impose the least 
        socioeconomic costs.''.
    (b) Scope of Consultation for Certain Federal Agency Actions.--
Section 7(a) (16 U.S.C. 1536(a)) is further amended by adding after 
paragraph (6) (as added by subsection (a)(1)(C)) the following new 
paragraph:
    ``(7) Consultation and conferencing under paragraphs (2) and (3) 
regarding an agency action that consists solely of routine maintenance 
to a Federal, State, or private project or facility in existence at the 
time of the consultation and conferencing, or a modification to the 
project or facility required by any Federal, State, or local government 
agency for safety purposes, shall be limited to the consideration of 
the direct effects that result from the maintenance or modification 
that comprises the agency action.''.
    (c) Clarification of Federal Agency Responsibilities.--Section 7(a) 
(16 U.S.C. 1536(a)) is further amended--
            (1) in the second sentence of paragraph (2), by inserting 
        before the period at the end the following: ``, and shall, in 
        addition to considering other obligations and responsibilities 
        under each applicable statute, treaty, interstate compact, and 
        contractual agreement, consider the opinion and any reasonable 
        and prudent alternatives developed pursuant to subsection 
        (b)(3)''; and
            (2) by adding after paragraph (7) (as added by subsection 
        (b)) the following new paragraph:
    ``(8) If the head of a Federal agency determines that compliance 
with paragraph (2) is not consistent with other obligations and 
responsibilities of the agency under each applicable statute, treaty, 
interstate compact, and contractual agreement, the agency head shall--
            ``(A) determine what pending action would have been 
        authorized, funded, or carried out but for subsection (a)(2); 
        and
            ``(B) provide to the applicant, if any--
                    ``(i) a written statement summarizing the 
                information on which the determination is based; and
                    ``(ii) a notice of the opportunity for an exemption 
                under subsection (e).''.
    (d) Participation in Consultations.--Section 7 (16 U.S.C. 1536) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by inserting ``with the 
                involvement of,'' after ``at the request of,''; and
                    (B) in paragraph (4), by inserting after ``confer 
                with the Secretary'' the following: ``and any 
                prospective permit or license applicant''; and
            (2) in subsection (b)(1), by adding at the end the 
        following new subparagraphs:
    ``(C) A prospective permit or license applicant shall be entitled 
to participate fully in any consultation or conference under this 
section with respect to an agency action that involves the applicant.
    ``(D) A person that is a party to a written contract with a Federal 
agency to purchase a product or service that is provided as a result of 
an agency action shall be entitled to participate fully in any 
consultation or conference under this section with respect to the 
agency action.''.

SEC. 108. CLARIFYING THE EFFECTS OF SECONDARY IMPACTS.

    Section 7(b)(3)(A) (16 U.S.C. 1536(b)(3)(A)) is amended--
            (1) by inserting ``(i)'' after ``(3)(A)''; and
            (2) by adding at the end the following new clause:
    ``(ii) Unless required by a provision of law other than subsections 
(a) through (d), the Secretary, in any opinion or statement concerning 
an agency action made pursuant to this subsection (including any 
reasonable and prudent alternative suggested under clause (i) or any 
reasonable and prudent measure specified under clause (ii) of paragraph 
(4)), and the head of the Federal agency proposing the agency action, 
may not require, provide for, or recommend the imposition of any 
restriction or obligation on the activity of any person that is not 
authorized, funded, carried out, or otherwise subject to regulation by 
the Federal agency. Nothing in this clause shall prevent the Secretary 
from pursuing any appropriate remedy under section 11 for any activity 
prohibited by section 9.''.

   TITLE II--PROVIDING SIGNIFICANCE TO THE RECOVERY PLANNING PROCESS

SEC. 201. ENSURING PREPARATION AND USE OF TIMELY, COMPREHENSIVE, AND 
              EFFECTIVE RECOVERY PLANS.

    (a) In General.--
            (1) Definition of recovery plan.--Section 3 (16 U.S.C. 
        1532) is amended--
                    (A) by redesignating paragraphs (15) through (21) 
                as paragraphs (16) through (22), respectively; and
                    (B) by inserting after paragraph (14) the following 
                new paragraph:
    ``(15) The term `recovery plan' means a plan developed under 
section 5.''.
            (2) Recovery plans.--The Act is amended--
                    (A) by redesignating section 5 (16 U.S.C. 1534) as 
                section 5A; and
                    (B) by inserting after section 4 (16 U.S.C. 1533) 
                the following new section:

``SEC. 5. RECOVERY PLANS.

    ``(a) In General.--The Secretary shall develop and implement a plan 
for the conservation and survival of each species determined to be an 
endangered species or a threatened species pursuant to section 4, 
unless the Secretary determines, upon completion of assessments 
required by this section, that a plan is not necessary to promote the 
conservation and survival of the species. If the Secretary determines 
that a recovery plan is not necessary, the Secretary shall prepare and 
publish in the Federal Register findings stating the basis upon which 
the determination is made.
    ``(b) Priority.--In the development and implementation of a plan 
under this section, the Secretary shall, to the maximum extent 
practicable, give priority to--
            ``(1) the development of an integrated recovery plan for 2 
        or more endangered species or threatened species that are 
        likely to benefit from an integrated recovery plan;
            ``(2) the geographic areas where conflicts between the 
        conservation of species and development projects or other forms 
        of economic activity exist or are likely to exist; and
            ``(3) the implementation of recovery measures that have the 
        least socioeconomic costs.
    ``(c) Recovery Team.--For each recovery plan the Secretary shall--
            ``(1) appoint a recovery team consisting of--
                    ``(A) appropriate biologists, economists, and land 
                use specialists from the department of the Secretary, 
                other Federal agencies, and the private sector;
                    ``(B) representatives from each affected State 
                nominated by the Governor of the State; and
                    ``(C) representatives nominated by affected local 
                governments; and
            ``(2) provide technical assistance to the recovery team.
    ``(d) Recovery Team Assessments.--Each recovery team shall make the 
following assessments with respect to the development of a recovery 
plan for a species:
            ``(1) Biological.--An assessment of--
                    ``(A) the biological considerations necessary to 
                carry out this Act;
                    ``(B) the biological significance of the species;
                    ``(C) the precise geographical range of the 
                species;
                    ``(D) the then current population of the species;
                    ``(E) the population trend of the species;
                    ``(F) the technical practicality of recovering the 
                species;
                    ``(G) the potential conservation measures designed 
                to recover the species or to reduce the risks to 
                survival of the species;
                    ``(H) any captive breeding program that would 
                contribute to the goal of the conservation of the 
                species; and
                    ``(I) whether conservation measures will require 
                any release of an experimental population outside the 
                then current range of the species and, if the release 
                is required, an identification of candidate 
                geographical areas for the release.
            ``(2) Economic.--An assessment of--
                    ``(A) the socioeconomic impacts that may result 
                from the listing of the species and potential 
                conservation measures identified pursuant to this 
                subsection, including a description of the direct and 
                indirect costs to the public and private sectors;
                    ``(B) the effects on employment; and
                    ``(C) the impacts on the use and value of property.
            ``(3) Intergovernmental.--An assessment of the impact of 
        the listing of the species and the potential conservation 
        measures identified pursuant to this subsection on State and 
        local land use laws, conservation measures, and the water 
        allocation policy of affected States.
    ``(e) Recovery Team Reports.--Each recovery team shall report the 
assessments of the team under subsection (d) to the Secretary. The 
Secretary shall use the assessments as a baseline in the formation and 
development of a recovery plan, including alternatives developed 
pursuant to subsection (f).
    ``(f) Alternatives.--The Secretary, on the basis of the assessments 
under subsection (d), shall include in each draft recovery plan and 
plan revision alternative strategies for the recovery and survival of 
the species. The alternative strategies shall range from strategies 
that do not require Federal management to strategies that may require 
intensive Federal management. Each alternative strategy shall recommend 
a balance of goals and requirements pursuant to this Act, and shall 
contain--
            ``(1) an estimate of the risks to the survival and recovery 
        of the species that the alternative would entail;
            ``(2) a description of the direct and indirect costs to the 
        public and private sectors, including effects on employment, 
        that may result from the alternative;
            ``(3) a description of any social dislocation that may 
        result from the alternative;
            ``(4) an analysis of any impacts that the alternative would 
        have on the use and value of property;
            ``(5) a description of site-specific management actions 
        necessary to achieve the goals of the alternative;
            ``(6) a description of any captive breeding program that 
        would contribute to the goals of the alternative;
            ``(7) a discussion of whether the alternative would require 
        any release of an experimental population outside the then 
        current range of the species and, if the release would be 
        required, an identification of candidate geographical areas for 
        the release;
            ``(8) a clear differentiation between--
                    ``(A) the actions recommended generally for Federal 
                agencies to conserve the species pursuant to section 
                7(a)(1);
                    ``(B) the actions recommended with respect to 
                Federal agency actions that are the subject of 
                consultation pursuant to section 7(a)(2); and
                    ``(C) the actions recommended to be taken by any 
                person to avoid any take of the species prohibited 
                under section 4(d) or 9(a)(1);
            ``(9) objective, measurable criteria for recovery, 
        including a population level target, that, if met, would result 
        in a determination, pursuant to section 4, that the species be 
        removed from a list published pursuant to section 4(c)(1);
            ``(10) estimates of the time and costs required to carry 
        out the actions needed to achieve the goals of the alternative 
        and to achieve intermediate steps to the goals; and
            ``(11) a description of the role of the appropriate State, 
        if any, in achieving the goals of the alternative.
    ``(g) Procedures.--
            ``(1) In general.--Except as provided in paragraph (2), for 
        each species for which the Secretary is required to develop a 
        recovery plan under subsection (a), the Secretary shall--
                    ``(A) publish a draft recovery plan not later than 
                1 year after the date of the publication under section 
                4(b)(6) of the final regulation to implement the 
                determination described in such section; and
                    ``(B) issue a final recovery plan not later than 18 
                months after the date of publication described in 
                subparagraph (A).
            ``(2) Expedited issuance.--For any species that was 
        determined by the Secretary under section 4 to be an endangered 
        species or threatened species before January 1, 1993, and for 
        which a final recovery plan was not published before the date, 
        the Secretary shall--
                    ``(A)(i) publish a draft recovery plan not later 
                than 18 months after the date of enactment of this 
                subsection; and
                    ``(ii) issue a final recovery plan not later than 2 
                years after the date of enactment of this subsection; 
                or
                    ``(B) publish in the Federal Register a 
                determination that a recovery plan is not required 
                under this section, not later than 18 months after the 
                date of enactment of this subsection.
            ``(3) Publication and public comment.--The Secretary shall 
        publish in the Federal Register and a newspaper of general 
        circulation in each affected county and parish--
                    ``(A) a notice of availability and a summary of--
                            ``(i) each draft recovery plan;
                            ``(ii) each final recovery plan; and
                            ``(iii) each draft and final revision to a 
                        recovery plan; and
                    ``(B) a request for the submission of comments on 
                the draft plan or revision.
            ``(4) Hearings.--The Secretary shall hold a public hearing 
        on each draft recovery plan and plan revision in each county 
        and parish to which the plan applies.
            ``(5) Consideration of comments by the secretary.--Prior to 
        any decision to adopt a final recovery plan or plan revision, 
        the Secretary shall consider and weigh carefully all 
        information presented during each hearing held pursuant to 
        paragraph (4) or received in response to a request for comments 
        published under paragraph (3)(B).
    ``(h) Publication of Reasons for Selecting Alternatives and 
Response to Comments and Testimony.--The Secretary shall publish in the 
Federal Register, with the notice of availability and summary of a 
final recovery plan or plan revision, a detailed discussion of--
            ``(1) the reasons for the selection of the species recovery 
        and survival strategies included in the plan or plan revision;
            ``(2) for each alternative strategy included in a draft 
        recovery plan or plan revision under subsection (f) that is not 
        selected for the final recovery plan or plan revision, the 
        reasons the alternative was not selected; and
            ``(3) the response of the Secretary to all information 
        referred to in subsection (g)(5).
    ``(i) Participation by States and Other Persons.--The Secretary, in 
developing and implementing recovery plans, may use the services of 
appropriate public and private agencies and institutions and of other 
qualified persons.
    ``(j) Relationship to Other Law.--The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to recovery teams appointed under 
this section.
    ``(k) Report.--Not later than 2 years after the date of enactment 
of this subsection and biennially thereafter, the Secretary shall 
report to the Committee on Environment and Public Works of the Senate 
and the Committee on Merchant Marine and Fisheries of the House of 
Representatives on the status of efforts to develop and implement 
recovery plans for all species included in a list published pursuant to 
section 4(c)(1) and on the status of all species for which the plans 
have been developed.
    ``(l) Review of Recovery Plans.--The Secretary shall--
            ``(1) review each recovery plan before the end of the 5-
        year period that begins on the date of the publication of the 
        recovery plan, and before the end of each 5-year period 
        thereafter; and
            ``(2) determine whether the plan meets the requirements of 
        this section.''.
            (3) Conforming amendment.--Section 4(h)(4) (16 U.S.C. 
        1533(h)(4)) is amended by striking ``subsection (f) of this 
        section'' and inserting ``section 5''.
    (b) Existing Recovery Plans.--
            (1) In general.--Except as provided in paragraphs (2), (3), 
        and (4), a final recovery plan issued under section 4(f) of the 
        Endangered Species Act of 1973 (16 U.S.C. 1533(f)) (as in 
        effect on the day before the date of enactment of this Act) 
        before January 1, 1993, shall continue in effect as if this 
        section had not been enacted.
            (2) Revisions.--The amendments made by subsection (a)(2) 
        shall apply to a revision to a recovery plan referred to in 
        paragraph (1).
            (3) Reviews.--A final recovery plan issued before the date 
        of enactment of this Act shall be reviewed under section 5(l) 
        of the Endangered Species Act of 1973 (as added by subsection 
        (a)) on or before the date the plan would have been required to 
        be reviewed if--
                    (A) such section had been in effect on the date the 
                plan was issued; and
                    (B) the plan had been reviewed at the end of each 
                5-year period under such section.
            (4) Plans.--A final recovery plan issued by the National 
        Marine Fisheries Service under section 4(f) of the Endangered 
        Species Act of 1973 (16 U.S.C. 1533(f)) (as in effect on the 
        day before the date of the date of enactment of this Act) 
        before January 1, 1993, shall be reissued in accordance with 
        section 5 of such Act (as added by subsection (a)).
    (c) Conforming Amendments.--
            (1) The table of contents in the first section (16 U.S.C. 
        prec. 1531) is amended by striking the item relating to section 
        5 and inserting the following new items:

``Sec. 5. Recovery plans.
``Sec. 5A. Land acquisition.''.
            (2) Section 7(a)(1) of the Land and Water Conservation Fund 
        Act of 1965 (16 U.S.C. 460l-9(a)(1)) is amended by striking 
        ``section 5(a)'' and inserting ``section 5A(a)''.

 TITLE III--ENSURING THAT THE COMPLIANCE PROCEDURES AND STANDARDS FOR 
  NON-FEDERAL PERSONS ARE NOT MORE BURDENSOME THAN THE PROCEDURES AND 
                STANDARDS APPLICABLE TO FEDERAL AGENCIES

SEC. 301. ESTABLISHING CONSULTATION PROCEDURES WITH RESPECT TO PRIVATE 
              ACTIONS.

    (a) In General.--Section 10 (16 U.S.C. 1539) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)(A)--
                            (i) by striking ``No permit may be issued 
                        by the Secretary authorizing any taking 
                        referred to in paragraph (1)(B) unless the 
                        applicant'' and inserting ``A permit may be 
                        issued by the Secretary pursuant to paragraph 
                        (1)(B) if the applicant''; and
                            (ii) in clause (i), by striking ``such 
                        taking'' and inserting ``the taking referred to 
                        in paragraph (1)(B)''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(3)(A) Subject to such regulations as the Secretary may issue, 
any non-Federal person may initiate a consultation with the Secretary 
on any prospective activity of the person to determine whether the 
activity is or is not likely to jeopardize the continued existence of 
any endangered species or threatened species, or to destroy or 
adversely modify the designated critical habitat of the species in a 
manner that is likely to jeopardize the continued existence of the 
species.
    ``(B) A consultation under subparagraph (A) shall conclude not 
later than 90 days after the date on which the consultation is 
initiated, or by such other date as is mutually agreeable to the 
Secretary and the person initiating the consultation.
    ``(C)(i) As soon as practicable after the conclusion of 
consultation under subparagraph (A), the Secretary shall provide to the 
person initiating the consultation a written statement setting forth 
the opinion of the Secretary, and a summary of the information on which 
the opinion is based, describing in detail how the prospective activity 
affects the species or the critical habitat of the species.
    ``(ii) If the Secretary finds that the activity is not likely to 
result in jeopardy to the continued existence of the species as 
described in subparagraph (A), the Secretary shall provide to the 
person initiating the consultation a statement that the proposed 
activity will not jeopardize the continued existence of the species.
    ``(iii) If the Secretary finds that the activity is likely to 
result in jeopardy to the continued existence of the species as 
described in subparagraph (A), the Secretary shall suggest the 
reasonable and prudent alternatives that the Secretary determines would 
not violate subparagraph (A) and that can be taken by the person 
initiating the consultation in carrying out the activity of the person.
    ``(D) After the conclusion of consultation under subparagraph (A), 
if the person initiating the consultation so requests, the Secretary 
shall issue a permit pursuant to paragraph (1)(B) to the person if the 
Secretary determines that--
            ``(i)(I) the activity of the person initiating the 
        consultation will not violate subparagraph (A); or
            ``(II) the person has accepted a reasonable and prudent 
        alternative offered by the Secretary pursuant to subparagraph 
        (C); and
            ``(ii) the taking of an endangered species or threatened 
        species incidental to the activity or alternative will not 
        result in jeopardy to the continued existence of the species as 
        described in subparagraph (A).
    ``(E) A permit issued pursuant to subparagraph (D) shall--
            ``(i) describe the impact of the incidental taking on the 
        species;
            ``(ii) specify the reasonable and prudent measures that the 
        Secretary considers necessary or appropriate to minimize the 
        impact; and
            ``(iii) set forth the terms and conditions that the person 
        initiating the consultation must comply with to implement the 
        measures.
    ``(F) After the initiation of consultation under subparagraph (A), 
the person initiating the consultation may not make any irreversible or 
irretrievable commitment of resources with respect to the activity that 
is the subject of the consultation if the commitment has the effect of 
foreclosing the formulation or implementation of any reasonable and 
prudent alternative or measure that would not violate subparagraph (A).
    ``(G) Any consultation initiated pursuant to subparagraph (A), and 
the activity that is the subject of the consultation, shall not be 
subject to section 7(c) of this Act or section 102(2) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
    ``(H) Notwithstanding section 4(d) and subparagraphs (B) and (C) of 
section 9(a)(1) of this Act and sections 101 and 102 of the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1371 and 1372), a taking of a 
species in the course of an action of a person that is the subject of a 
written opinion provided to the person by the Secretary under this 
paragraph shall not be considered to be a prohibited taking if--
            ``(i) the Secretary finds that the action is not likely to 
        result in jeopardy to the continued existence of the species 
        pursuant to subparagraph (C)(ii); or
            ``(ii) the taking is in compliance with the terms and 
        conditions of a permit issued pursuant to subparagraph (D).
    ``(I) The Secretary shall revoke a permit issued under this 
paragraph if the Secretary finds that the permittee is not complying 
with the terms and conditions of the permit.''; and
            (2) in the first sentence of subsection (c), by striking 
        ``this section'' and inserting ``subsections (a)(2) and (b)''.
    (b) Definition of Non-Federal Person.--Section 3 (16 U.S.C. 1532) 
is amended by inserting after paragraph (10) the following new 
paragraph:
    ``(11) The term `non-Federal person' means a person other than an 
officer, employee, agent, department, or instrumentality of--
            ``(A) the Federal Government; or
            ``(B) a foreign government.''.

SEC. 302. DEFINING THE TAKE PROHIBITION IN ACCORDANCE WITH THE INTENT 
              OF CONGRESS.

    Paragraph (20) of section 3 (as redesignated by section 
201(a)(1)(A)) is amended to read as follows:
    ``(20) The term `take' means--
            ``(A) to pursue, hunt, shoot, wound, kill, trap, capture, 
        or collect;
            ``(B) to attempt to commit an act described in subparagraph 
        (A); or
            ``(C) to harass or harm a member of a species--
                    ``(i) in a manner that causes injury to the member; 
                or
                    ``(ii) in an attempt to cause the injury.''.

SEC. 303. CLARIFYING THE APPLICATION OF TAKE PROHIBITIONS.

    Section 9(a) (16 U.S.C. 1538(a)) is amended--
            (1) in paragraph (1), by striking ``Except as provided in 
        sections 6(g)(2) and 10 of this Act,'' and inserting ``Except 
        as provided in paragraph (3) and sections 6(g)(2) and 10,''; 
        and
            (2) by adding at the end the following new paragraph:
    ``(3) An activity of a non-Federal person is deemed not to 
constitute a take of a species if the activity--
            ``(A) is consistent with the requirements of a recovery 
        plan developed under section 5; or
            ``(B) complies with the requirements of a Cooperative 
        Management Agreement in effect under section 6(b).''.

SEC. 304. AUTHORIZING THE ISSUANCE OF GENERAL PERMITS.

    Section 10(a) (16 U.S.C. 1539(a)) (as amended by section 
301(a)(1)(B)) is further amended by adding at the end the following new 
paragraph:
    ``(4)(A) After providing notice and opportunity for public 
hearings, the Secretary may issue a general permit pursuant to 
paragraph (1)(B) on a county, State, regional, or nationwide basis for 
any category of activities that may affect a species that is included 
on a list published pursuant to section 4(c)(1) if the Secretary 
determines that the activities in the category are similar in nature, 
will cause only minimal adverse effects on the species when performed 
separately, and will have only minimal cumulative diverse effects on 
the species generally. A general permit issued under this paragraph 
shall set forth the requirements and standards that apply to an 
activity authorized by the general permit.
    ``(B) A general permit issued pursuant to subparagraph (A) shall be 
effective for a period to be specified by the Secretary, but not to 
exceed 5 years after the date of the issuance of the permit. The 
Secretary may revoke or modify a general permit if, after providing an 
opportunity for a public hearing, the Secretary determines that the 
activities authorized by the general permit have a greater than minimal 
adverse effect on a species that is included on a list published 
pursuant to section 4(c)(1) or the activities are more appropriately 
authorized by individual permits pursuant to paragraph (2) or (3).''.

SEC. 305. IMPROVING THE CONSERVATION PLANNING PROCESS.

    (a) Federal Share of Costs; Interim Permits.--Section 10(a)(2) (16 
U.S.C. 1539(a)(2)) is amended--
            (1) by redesignating subparagraph (C) as subparagraph (G); 
        and
            (2) by inserting after subparagraph (B) the following new 
        subparagraphs:
    ``(C) The Secretary may not require the applicant, as a condition 
of processing the application or issuing the permit, to expand the 
application to include land or interest in land not owned by the 
applicant or to address a species other than the species for which the 
application is made, unless the Secretary determines that the 
requirement will not appreciably increase the time or cost of 
processing the application or the cost of implementing the permit.
    ``(D) The Secretary shall pay 50 percent of the direct and indirect 
cost of implementing the terms and conditions of the permit. To the 
maximum extent practicable, the sums paid by the Secretary shall be 
paid directly by the Secretary in lieu of reimbursement to the 
permittee.
    ``(E) For such activities as the Secretary determines will not 
appreciably reduce the chances of survival of a species, the Secretary 
may issue an interim permit to any applicant that--
            ``(i) files an application under this section; and
            ``(ii) provides evidence of appropriate interim species 
        conservation activities that--
                    ``(I) are associated with the activity proposed for 
                permitting; and
                    ``(II) are to be performed while the underlying 
                permit application is being considered under this 
                section.
    ``(F) An interim permit issued under subparagraph (E)--
            ``(i) shall specifically state the types of activities that 
        are authorized to be carried out under the interim permit;
            ``(ii) shall not create any right to the issuance of a 
        permit under this section;
            ``(iii) shall expire on the date of the granting or denial 
        of the underlying permit application; and
            ``(iv) may be revoked by the Secretary upon the termination 
        of a 60-day period following notice for any failure to comply 
        with the terms of the interim permit.''.
    (b) Multiple Species Conservation Plans.--Section 10 (16 U.S.C. 
1539) is amended by adding at the end the following new subsection:
    ``(k) Multiple Species Conservation Plans.--(1) The Secretary may 
assist a non-Federal person in the development of a plan (to be known 
as a `multiple species conservation plan') for the conservation of--
            ``(A) any species with respect to which a finding is made 
        and a status review is commenced under section 4(b)(3)(A); and
            ``(B) any other species that--
                    ``(i) inhabits the area covered by the plan; and
                    ``(ii) is designated in the plan for conservation.
    ``(2)(A) The Secretary may issue a permit under this paragraph 
authorizing any taking described in subsection (a)(1)(B) of a species 
for which a multiple species conservation plan is developed under this 
subsection, if the Secretary, after the opportunity for public comment 
on the plan--
            ``(i) finds that the plan specifies the information 
        described in subsection (a)(2)(A);
            ``(ii) makes the findings described in subsection (a)(2)(B) 
        with respect to the permit application and the plan; and
            ``(iii) receives such assurances as the Secretary may 
        require that the plan will be implemented.
    ``(B) A permit issued under this paragraph with respect to a 
multiple species conservation plan shall be treated in the same manner 
as a permit issued under subsection (a)(1)(B) with respect to the 
species for which the plan is developed.''.

SEC. 306. PROVIDING FOR EXEMPTIONS OF PRIVATE ACTIONS AND RELIEVING 
              PAYMENT REQUIREMENTS.

    (a) Exemption of Non-Federal Persons.--Section 7 (16 U.S.C. 1536) 
is amended--
            (1) in subsection (m), by striking ``under subsection (h) 
        of this section granting an exemption from the requirements of 
        subsection (a)(2) of this section'' and inserting ``under 
        subsection (h) or (q) granting an exemption for an agency 
        action or an activity of a person'';
            (2) in the first sentence of subsection (n), by inserting 
        ``or activity of a person'' after ``agency action'' both places 
        it appears; and
            (3) by adding at the end the following new subsection:
    ``(q) Exemption for Non-Federal Persons.--(1) A non-Federal person 
(other than an officer, employee, agent, department, or instrumentality 
of a State, municipality, or political subdivision of a State, and a 
State, municipality, or political subdivision of a State) may apply to 
the Secretary for an exemption by the Committee of an action of the 
person if the person--
            ``(A)(i) receives a written opinion of the Secretary under 
        section 10(a)(3)(C)(iii) in which the Secretary finds that the 
        action is likely to result in jeopardy to the continued 
        existence of a species; and
            ``(ii) does not accept any reasonable and prudent 
        alternative or is otherwise denied a permit under section 
        10(a)(3)(D);
            ``(B) is denied a permit for the action under section 
        10(a)(1); or
            ``(C) has a permit revoked under section 10(a)(2)(G).
    ``(2) The Secretary may accept or deny an exemption application, 
and the Committee may grant or deny an exemption, in accordance with 
the relevant or applicable provisions of subsections (g), (h), and (l) 
and with regulations issued by the Secretary.
    ``(3) Notwithstanding section 4(d) and subparagraphs (B) and (C) of 
section 9(a)(1) of this Act and sections 101 and 102 of the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1371 and 1372), an action for 
which an exemption is granted under this subsection shall not be 
considered to be a taking of any endangered species or threatened 
species with respect to any activity that is necessary to carry out the 
action.''.
    (b) Payment of Costs of Complying With Endangered Species Committee 
Orders.--Section 7(l) (16 U.S.C. 1536(l)) is amended--
            (1) in paragraph (1), by striking ``and paid for''; and
            (2) in paragraph (2)--
                    (A) in the second sentence, by striking 
                ``Notwithstanding the preceding sentence the costs'' 
                and inserting ``The costs''; and
                    (B) by striking the fourth sentence.

SEC. 307. COMPENSATING PROPERTY OWNERS FOR SUBSTANTIALLY DIMINISHED 
              VALUE.

    (a) In General.--The Act is amended by inserting after section 10 
(16 U.S.C. 1539) the following new section:

``SEC. 10A. COMPENSATION FOR LANDOWNERS.

    ``(a) Eligibility.--A property owner that, as a consequence of a 
final decision of the Secretary pursuant to section 7(a) or paragraph 
(1), (2), or (3) of section 10(a), is substantially deprived of the 
economically viable use of the property owned or held by the property 
owner shall be entitled to receive compensation in accordance with this 
section.
    ``(b) Deadline.--Not later than 90 days after the receipt of a 
final decision of the Secretary under section 7(a), or paragraph (1), 
(2), or (3) of section 10(a), that substantially deprives a property 
owner of the economically viable use of the property owned or held by 
the property owner, the property owner may submit in writing a request 
to the Secretary for compensation in accordance with subsection (c).
    ``(c) Offer by the Secretary.--Not later than 180 days after the 
receipt of a request for compensation under subsection (b), the 
Secretary shall provide to the property owner--
            ``(1) an offer to purchase the affected property of the 
        property owner at a fair market value assuming no use 
        restrictions under this Act; and
            ``(2) an offer to compensate the property owner for the 
        difference between the fair market value of the property 
        without the restrictions and the fair market value of the 
        property with the restrictions.
    ``(d) Response by the Property Owner; Arbitration.--
            ``(1) In general.--Not later than 60 days after the date of 
        the receipt of the offers of the Secretary under subsection 
        (c), a property owner shall accept 1 of the offers or reject 
        both offers.
            ``(2) Submission to arbitration.--If the property owner 
        rejects both offers, the property owner may submit the matter 
        for arbitration to an arbitrator appointed by the Secretary 
        from a list of arbitrators submitted to the Secretary by the 
        American Arbitration Association. The arbitration shall be 
        conducted in accordance with the real estate valuation 
        arbitration rules of the Association.
            ``(3) Effect of arbitration.--For the purposes of this 
        section, an arbitration shall be binding on the Secretary and a 
        property owner as to the amount, if any, of compensation owed 
        to the property owner and whether for the purposes of this 
        section the property owner has been substantially deprived of 
        the economically viable use of the affected property.
    ``(e) Post-Arbitration Offer and Response by the Owner.--Not later 
than 30 days after the completion of the arbitration, the Secretary 
shall make a determination, and notify the property owner in writing of 
the determination, as to whether to submit a new offer of purchase or 
compensation that adheres to the results of the arbitration. Not later 
than 60 days after the date of receipt of the new offer, the property 
owner may accept or reject the offer.
    ``(f) Other Remedies Not Affected.--Nothing in this section shall 
affect the right of a property owner to pursue any other remedy 
available at law.
    ``(g) Judgment.--A final decision of the Secretary pursuant to 
section 7(a) or paragraph (1), (2), or (3) of section 10(a) that 
substantially deprives a property owner of the economically viable use 
of the property owned or held by the property owner is deemed to be a 
judgment against the United States if the property owner accepts an 
offer by the Secretary under subsection (d) or subsection (e).
    ``(h) Payment.--The Secretary shall pay a property owner any 
compensation required under the terms of an offer of the Secretary that 
is accepted by the property owner in accordance with subsection (d) or 
subsection (e) not later than 60 days after the date of the acceptance.
    ``(i) Definitions.--As used in this section:
            ``(1) Property.--The term `property' means--
                    ``(A) land;
                    ``(B) any interest in land; and
                    ``(C) any proprietary water right.
            ``(2) Property owner.--The term `property owner' means a 
        non-Federal person (other than an officer, employee, agent, 
        department, or instrumentality of a State, municipality, or 
        political subdivision of a State, or a State, municipality, or 
        political subdivision of a State) that--
                    ``(A) owns property referred to in subparagraph (A) 
                or (B) of paragraph (1); or
                    ``(B) holds property referred to in paragraph 
                (1)(C).''.
    (b) Conforming Amendment.--The table of contents in the first 
section (16 U.S.C. prec. 1531) is amended by inserting after the item 
relating to section 10 the following new item:

``Sec. 10A. Compensation for property owners.''.

    TITLE IV--PROVIDING FOR HABITAT CONSERVATION INCENTIVE PROGRAMS

SEC. 401. COOPERATIVE MANAGEMENT AGREEMENTS.

    (a) In General.--Subsection (b) of section 6 (16 U.S.C. 1535(b)) is 
amended to read as follows:
    ``(b) Cooperative Management Agreements.--(1) The Secretary may 
enter into an agreement with any non-Federal person having authority, 
control, or ownership over the area affected by any listing, proposed 
listing, or candidacy for listing of a species pursuant to section 
4(a)(1), any designation of critical habitat pursuant to section 
4(a)(3), or any listing of a species subject to section 
4(b)(3)(B)(iii). The agreement shall be known as a `Cooperative 
Management Agreement' and shall govern the administration and 
management of each area that the Secretary identifies as habitat for 
the species.
    ``(2) The Secretary may initiate, or a non-Federal person may 
submit to the Secretary a request to enter into, a Cooperative 
Management Agreement. A person shall submit with the request a proposed 
Cooperative Management Agreement.
    ``(3) The Secretary shall publish in the Federal Register--
            ``(A) a notice of availability of, and a request for public 
        comment on, a proposed Cooperative Management Agreement; and
            ``(B) a notice of availability of each Cooperative 
        Management Agreement entered into by the Secretary.
    ``(4) The Secretary shall hold a public hearing on a proposed 
Cooperative Management Agreement in each county to which the proposed 
Agreement applies.
    ``(5)(A) Before entering into a Cooperative Management Agreement, 
the Secretary shall consider and weigh carefully all information--
            ``(i) received in response to the request for comment 
        published under paragraph (3); and
            ``(ii) presented as testimony in each hearing held under 
        paragraph (4).
    ``(B) The Secretary shall publish under paragraph (3)(B) with a 
notice of availability of a Cooperative Management Agreement the 
response of the Secretary to all information referred to in 
subparagraph (A) that is received or presented with respect to the 
Agreement.
    ``(6)(A) Not later than 120 days after the submission of a proposed 
Cooperative Management Agreement in accordance with paragraph (2), the 
Secretary shall determine whether the proposed Agreement--
            ``(i) is in accordance with this subsection; and
            ``(ii) will promote the conservation of the species to 
        which the proposed Agreement applies.
    ``(B) The Secretary shall approve and enter into a proposed 
Cooperative Management Agreement with the person that submits the 
proposed Agreement if the Secretary finds that--
            ``(i) the person has sufficient authority under law to 
        implement and carry out the terms of the Agreement;
            ``(ii) the Agreement defines an area that serves as habitat 
        for the species to which the Agreement applies;
            ``(iii) the Agreement provides for the administration and 
        management of the area and adequately regulates activities 
        occurring in the area that may not otherwise promote the 
        conservation of the species to which the Agreement applies;
            ``(iv) the Agreement promotes the conservation of the 
        species to which the Agreement applies by committing Federal or 
        non-Federal efforts to the conservation; and
            ``(v) the Agreement is adequately funded to carry out the 
        Agreement.
    ``(7)(A) Paragraphs (1) and (3) of section 4(a), and sections 5 and 
7, shall not apply to such activities of a person that is a party to a 
Cooperative Management Agreement as are conducted in accordance with 
the Agreement.
    ``(B) Notwithstanding subparagraph (A), an intentional or knowing 
violation of a Cooperative Management Agreement, or a statute or 
regulation implementing a Cooperative Management Agreement, that has 
the effect of jeopardizing the continued existence of a species to 
which the Agreement applies shall be considered to be a violation of 
this Act.
    ``(8)(A) If the Secretary determines after public hearing and 
opportunity for comment that a person that is a party to a Cooperative 
Management Agreement is not administering or acting in accordance with 
the Agreement, the Secretary shall notify the person.
    ``(B) If a person that is notified under subparagraph (A) fails to 
take appropriate corrective action within a period of time determined 
by the Secretary to be reasonable (not to exceed 90 days after the date 
of the notification)--
            ``(i) the Secretary shall rescind the entire Cooperative 
        Management Agreement that is the subject of the notification or 
        the applicability of the Agreement to the person; and
            ``(ii) on and after the date of the rescission--
                    ``(I) the entire Agreement shall not be effective, 
                or the Agreement shall not be effective with respect to 
                the person (as appropriate); and
                    ``(II) paragraphs (1) and (3) of section 4(a), and 
                sections 5 and 7, shall apply to activities of the 
                person.''.
    (b) Conforming Amendments.--
            (1) Section 6 (16 U.S.C. 1535) is amended by striking the 
        section heading and inserting the following new section 
        heading: ``cooperation with non-federal persons''.
            (2) The table of contents in the first section (16 U.S.C. 
        prec. 1531) is amended by striking the item relating to section 
        6 and inserting the following new item:

``Sec. 6. Cooperation with non-Federal persons.''.

SEC. 402. HABITAT RESERVE GRANTS.

    Section 6(b) (16 U.S.C. 1535(b)) (as amended by section 401(a)) is 
further amended by adding at the end the following new paragraph:
    ``(9)(A) The Secretary may provide a grant to a non-Federal person 
(other than an officer, employee, agent, department, or instrumentality 
of a State, municipality, or political subdivision of a State, and a 
State, municipality, or political subdivision of a State) for the 
purpose of preserving habitat for any species that is determined under 
section 4 to be an endangered species or threatened species.
    ``(B) The Secretary may annually provide a grant under this 
paragraph if the Secretary determines that--
            ``(i) the property for which the grant is provided contains 
        habitat that significantly contributes to the protection of the 
        population of the species;
            ``(ii) the property has been dedicated to species 
        protection for a period of time that has been sufficient to 
        significantly contribute to the protection of the population of 
        the species; and
            ``(iii) the preservation of the habitat advances the 
        interest of species protection.
    ``(C) A grant made under this paragraph shall be transferable to 
subsequent owners of the property for which the grant is provided.''.

             TITLE V--REAUTHORIZATION AND OTHER AMENDMENTS

SEC. 501. PROVIDING GUIDANCE FOR THE RELEASE OF EXPERIMENTAL 
              POPULATIONS.

    Section 10(j) (16 U.S.C. 1539(j)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (B)--
                            (i) by inserting ``and the precise 
                        boundaries of the geographical area for the 
                        release'' after ``the population''; and
                            (ii) by inserting ``whether the release is 
                        in the public interest and'' after 
                        ``information,'';
                    (B) in subparagraph (C)--
                            (i) in clause (i), by striking ``and'' at 
                        the end;
                            (ii) by redesignating clause (ii) as clause 
                        (iii); and
                            (iii) by inserting after clause (i) the 
                        following new clause:
            ``(ii) for the purposes of sections 4(d) and 9(a)(1)(B), 
        any member of an experimental population found outside the 
        geographical area in which the population is released shall not 
        be treated as a threatened species if the member poses a threat 
        to the welfare of the public; and'';
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following new 
        paragraph:
    ``(3) In authorizing the release of a population under paragraph 
(2), the Secretary shall require that--
            ``(A) to the extent possible, the release occurs only in a 
        unit of the National Park System or the National Wildlife 
        Refuge System;
            ``(B) a release outside a unit occurs only in an area that 
        has been identified as a candidate site for release in the 
        recovery plan for the species of the population developed under 
        section 5;
            ``(C) for a release outside a unit, measures to protect the 
        safety and welfare of the public and domestic animals and the 
        funding for the measures are identified in the regulations 
        authorizing the release and are implemented;
            ``(D) the regulations authorizing the release identify 
        precisely the geographical area for release;
            ``(E) a release on non-Federal land occurs only with the 
        written consent of the owner of the land; and
            ``(F) the regulations authorizing the release include 
        measurable reintroduction goals to restore viable populations 
        only within the specific geographic area identified for release 
        in the regulations.''.

SEC. 502. RECOGNITION OF CAPTIVE PROPAGATION AS MEANS OF RECOVERY.

    (a) In General.--Section 13 (87 Stat. 902) is amended to read as 
follows:

``SEC. 13. RECOGNITION OF CAPTIVE PROPAGATION AS MEANS OF RECOVERY.

    ``(a) In General.--In carrying out responsibilities of the 
Secretary under sections 4, 5, and 7, the Secretary shall recognize to 
the maximum extent practicable, and may utilize, captive propagation as 
a means of conserving an endangered species or threatened species.
    ``(b) Captive Propagation Grants.--The Secretary may annually 
provide grants to non-Federal persons to fund captive propagation 
programs for the purpose of preserving any species that is determined 
under section 4 to be an endangered species or threatened species, if 
the Secretary determines that the program contributes to enhancement of 
the population of the species.''.
    (b) Effect on Prior Amendments.--Nothing in this section or the 
amendment made by this section is intended to affect the amendments 
made by section 13 of the Endangered Species Act of 1973 (87 Stat. 
902), as in effect on the day before the date of enactment of this Act.
    (c) Conforming Amendment.--The table of contents in the first 
section (16 U.S.C. prec. 1531) is amended by striking the item relating 
to section 13 and inserting the following new item:

``Sec. 13. Recognition of captive propagation as means of recovery.''.

SEC. 503. CLARIFYING THE APPLICATION OF PROHIBITIONS TO THREATENED 
              SPECIES.

    Section 4(d) (16 U.S.C. 1533(d)) is amended--
            (1) in the first sentence, by inserting ``, concurrently 
        with or subsequent to the regulation that provides for the 
        listing of the species,'' after ``issue''; and
            (2) in the second sentence, by striking ``by regulation 
        prohibit with respect to any'' and inserting ``in the 
        regulations prohibit with respect to the specific''.

SEC. 504. CITIZEN SUITS.

    Section 11(g) (16 U.S.C. 1540(g)) is amended--
            (1) in paragraph (1)--
                    (A) in the first sentence, in subparagraph (A), by 
                striking ``any person, including the United States and 
                any other governmental instrumentality or agency (to 
                the extent permitted by the eleventh amendment to the 
                Constitution),'' and inserting ``the United States or 
                any agency or official of the United States''; and
                    (B) in the second sentence, by striking ``or the 
                citizenship of the parties'';
            (2) in paragraph (3)--
                    (A) by striking ``(A)''; and
                    (B) by striking subparagraph (B); and
            (3) by adding at the end the following new paragraph:
    ``(6) A non-Federal person (including a person that sustains actual 
or imminent economic injury as a direct or indirect result of a 
violation of this Act or a regulation issued under this Act by the 
United States or any agency or official of the United States) may 
commence a civil suit on behalf of the person and may intervene as a 
matter of right in any suit brought under this Act related to the 
injury sustained by the person.''.

SEC. 505. INCREASED AUTHORIZATION OF APPROPRIATIONS.

    Section 15 (16 U.S.C. 1542) is amended to read as follows:

``SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--In addition to the amounts authorized to be 
appropriated under section 6(i) and subsections (b), (c), (d), and (e), 
there are authorized to be appropriated--
            ``(1) to the Department of the Interior to carry out the 
        duties of the Secretary of the Interior under this Act 
        $110,000,000 for fiscal year 1994, $120,000,000 for fiscal year 
        1995, $130,000,000 for fiscal year 1996, $140,000,000 for 
        fiscal year 1997, $150,000,000 for fiscal year 1998, and 
        $160,000,000 for fiscal year 1999;
            ``(2) to the Department of Commerce to carry out the duties 
        of the Secretary of Commerce under this Act $15,000,000 for 
        fiscal year 1994, $20,000,000 for fiscal year 1995, $25,000,000 
        for fiscal year 1996, $30,000,000 for fiscal year 1997, 
        $35,000,000 for fiscal year 1998, and $40,000,000 for fiscal 
        year 1999; and
            ``(3) to the Department of Agriculture to carry out the 
        duties of the Secretary of Agriculture under this Act 
        $4,000,000 for each of fiscal years 1994 through 1999.
    ``(b) Exemptions From Act.--There are authorized to be appropriated 
to the Department of the Interior to carry out the duties of the 
Secretary of the Interior and the Endangered Species Committee under 
subsections (e), (g), and (h) of section 7 $625,000 for each of fiscal 
years 1994 through 1999.
    ``(c) Convention Implementation.--There are authorized to be 
appropriated to the Department of the Interior to carry out section 
8A(e) $1,000,000 for each of fiscal years 1994 through 1999. Amounts 
appropriated under this subsection shall remain available until 
expended.
    ``(d) Habitat Conservation Planning.--There are authorized to be 
appropriated to the Department of the Interior to carry out section 
10(a)(2)(D) $20,000,000 for each of fiscal years 1994 through 1999. 
Amounts appropriated under this subsection shall remain available until 
expended.
    ``(e) Habitat Reserve Grants.--There are authorized to be 
appropriated to the Department of the Interior to provide habitat 
reserve grants under section 6(b)(9) $20,000,000 for each of fiscal 
years 1994 through 1999. Amounts appropriated under this subsection 
shall remain available until expended.''.

                                 <all>

S 1521 IS----2
S 1521 IS----3
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