[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 921 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 921

      To reauthorize and amend the Endangered Species Act for the 
   conservation of threatened and endangered species, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                May 6 (legislative day, April 19), 1993

  Mr. Baucus (for himself, Mr. Chafee, Mr. Graham, Mr. Moynihan, Mr. 
   Mitchell, Mr. Lieberman, Mrs. Boxer, Mr. Sarbanes, Mr. Pell, Mr. 
    Kennedy, Mr. Leahy, Mr. Kerry, Mr. Akaka, and Mr. Durenberger) 
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 for the 
   conservation of threatened and endangered species, 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 Amendments of 
1993''.

SEC. 2. AMENDMENT OF 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.).

SEC. 3. LISTING AND DELISTING IMPROVEMENTS.

    (a) Delisting.--Section 4(a) (16 U.S.C. 1533(a)) is amended by 
adding the following new paragraph:
    ``(4) The Secretary shall by regulation promulgated in accordance 
with subsection (b) determine whether any species is no longer an 
endangered species or a threatened species because of a change in the 
factors identified under paragraph (1).''.
    (b) 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 the 
species from the State agency in each appropriate State, if any, and'' 
after ``and after''.
    (c) Listing Priorities.--Section 4(b)(1)(B) (16 U.S.C. 
1533(b)(1)(B)) is amended to read as follows:
    ``(B) In carrying out this section, the Secretary shall give 
consideration to species the conservation of which is most likely to 
reduce the need to list other species dependent upon the same 
ecosystem. In addition, the Secretary shall give consideration to 
species which have been--
            ``(i) designated as requiring protection from unrestricted 
        commerce by any foreign nation or pursuant to an international 
        agreement; or
            ``(ii) identified as in danger of extinction, or likely to 
        become so within the foreseeable future, by any State agency or 
        by any agency of a foreign nation that is responsible for the 
        conservation of fish or wildlife or plants.''.
    (d) Scientific Peer Review.--Section 4(b)(5) (16 U.S.C. 1533(b)(5)) 
is amended--
            (1) by redesignating subparagraphs (D) and (E) as 
        subparagraphs (E) and (F), respectively, and
            (2) by inserting after subparagraph (C) the following:
            ``(D) in the case of a regulation to implement a 
        determination, request views on the proposed regulation from at 
        least three independent referees who, through publication of 
        peer-reviewed scientific literature, have demonstrated relevant 
        scientific expertise, if any person files within 30 days after 
        the date of publication of general notice a written request 
        detailing a substantial scientific basis for questioning the 
        sufficiency or accuracy of the available data relevant to the 
        determination;''.
    (e) Coordination of Critical Habitat Designations and Recovery 
Plans.--Section 4(b)(6) (16 U.S.C. 1533(b)(6)) is amended by adding at 
the end thereof the following:
    ``(D) If the Secretary, under subparagraph (C), extends the one-
year period, any final regulation designating critical habitat shall 
incorporate relevant information gathered during the development of the 
appropriate recovery plan under section 5.''.
    (f) Identification of Data.--Section 4(b) (16 U.S.C. 1533(b)) is 
amended by adding at the end the following:
    ``(9) The Secretary shall identify and publish in the Federal 
Register with a proposed rule under paragraph (1) of subsection (a) a 
description of any additional scientific and commercial data that would 
assist in the preparation of a recovery plan under section 5 for the 
species to which the proposed rule relates.''.

SEC. 4. RECOVERY PLANNING IMPROVEMENTS.

    (a) Development and Implementation of Recovery Plans.--Section 5 
(16 U.S.C. 1534) is amended--
            (1) by redesignating subsections (a) and (b) in order as 
        subsections (c) and (d); and
            (2) by striking ``land acquisition'' and all that follows 
        through ``Sec. 5.'' and inserting the following:

        ``recovery of endangered species and threatened species

    ``Sec. 5. (a) Recovery Plans.--
            ``(1) In general.--
                    ``(A) The Secretary shall, in cooperation with the 
                State agency in each appropriate State, and on the 
                basis of the best scientific and commercial data 
                available, develop and implement plans (hereinafter in 
                this subsection referred to as `recovery plans') for 
                the timely conservation of endangered species and 
                threatened species listed pursuant to section 4 
                (hereinafter in this section referred to as `covered 
                species') and the habitats upon which such species 
                depend, unless the Secretary finds that such a plan 
                will not promote the conservation of a species.
                    ``(B) The Secretary shall, consistent with 
                subparagraph (A), seek to minimize adverse social and 
                economic consequences that may result from 
                implementation of recovery plans.
                    ``(C) The Secretary shall develop and implement a 
                recovery plan for a species--
                            ``(i) by not later than December 31, 1996, 
                        in the case of a species included in the list 
                        published under section 4(c) before January 1, 
                        1996, and for which no recovery plan was 
                        developed before that date; and
                            ``(ii) by not later than 18 months after 
                        the date on which a species is first included 
                        in a list published under section 4(c), in the 
                        case of any species that is first included in 
                        such a list on or after January 1, 1996.
            ``(2) Priorities for developing and implementing recovery 
        plans.--The Secretary shall give priority to--
                    ``(A) the development and implementation of 
                integrated, multi-species recovery plans for the 
                conservation of threatened species, endangered species, 
                or species which the Secretary has identified as 
                candidates for listing under section 4 that are 
                dependent upon a common ecosystem; and
                    ``(B) those endangered species or threatened 
                species, without regard to taxonomic classification, 
                that are most likely to benefit from recovery plans, 
                particularly those species whose conservation is, or 
                may be, in conflict with construction or other 
                development projects or other forms of economic 
                activity.
            ``(3) Contents.--The Secretary shall to the maximum extent 
        practicable incorporate in each recovery plan--
                    ``(A) a description of such site-specific 
                management actions as may be necessary to achieve the 
                goal of the recovery plan for the conservation and 
                survival of the covered species, including actions to 
                maintain or restore ecosystems upon which the covered 
                species are dependent;
                    ``(B) objective, measurable criteria which, when 
                met, would result in a determination, in accordance 
                with the provisions of section 4, that the covered 
                species be removed from the list;
                    ``(C) estimates of the time required and the cost 
                to carry out those measures needed to achieve the goal 
                of the recovery plan and to achieve intermediate steps 
                toward that goal;
                    ``(D) a description of actions that will be taken 
                to minimize adverse social or economic impacts that may 
                result from implementation of the recovery plan;
                    ``(E) strategies that utilize existing Federal 
                lands, to the extent that such lands are available, to 
                promote the conservation of the covered species;
                    ``(F) an identification of the measures, which if 
                taken by Federal agencies, would contribute to the 
                conservation of the covered species;
                    ``(G) an identification of the specific areas or 
                circumstances, if any, in which the development and 
                implementation of conservation plans under section 
                10(a)(2) would contribute to the conservation of the 
                covered species;
                    ``(H) an identification of the specific areas of 
                circumstances, if any, in which entering into 
                agreements with private landowners under section 14 
                would promote the conservation of the covered species; 
                and
                    ``(I) an identification of opportunities to 
                cooperate with municipalities, political subdivisions 
                of State, and other persons in actions which would 
                contribute to the conservation of the covered species.
            ``(4) Public review and comment.--
                    ``(A) The Secretary shall, prior to final approval 
                of a new or revised recovery plan--
                            ``(i) provide public notice and an 
                        opportunity for public review and comment on 
                        the plan; and
                            ``(ii) consider all information presented 
                        during the public comment period.
                    ``(B) Each Federal agency shall, before 
                implementing a new or revised recovery plan, consider 
                all information presented during the public comment 
                period under subparagraph (A).
            ``(5) Public outreach.--
                    ``(A) The Secretary, in developing and implementing 
                recovery plans, may procure the services of appropriate 
                public and private agencies and institutions and other 
                qualified persons.
                    ``(B) Recovery teams appointed pursuant to this 
                subsection shall not be subject to the Federal Advisory 
                Committee Act.
                    ``(C) The Secretary shall in cooperation with the 
                States solicit the participation of relevant Federal 
                agencies and appropriate persons to identify matters 
                under paragraph (3)(E), (F), (G), (H), and (I).
            ``(6) Reports.--The Secretary shall report every two years 
        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 listed pursuant to 
        section 4 and on the status of all species for which such plans 
        have been developed.
    ``(b) Monitoring.--
            ``(1) In general.--The Secretary shall implement a system 
        in cooperation with the States to monitor effectively for not 
        less than 5 years the status of all species which have been 
        brought to the point at which the measures provided pursuant to 
        this Act are no longer necessary and which, in accordance with 
        the provisions of section 4, have been removed from either of 
        the list published under section 4(c).
            ``(2) Preventing risks to recovered species.--The Secretary 
        shall make prompt use of the authority under section 4(b)(7) to 
        prevent a significant risk to the well-being of any recovered 
        species referred to in paragraph (1).''.
    (b) Existing Recovery Plans.--
            (1) Continued effect of existing plans.--Each recovery plan 
        developed under the Endangered Species Act of 1973 before the 
        date of the enactment of this Act shall continue in effect 
        until revised by the Secretary (as that term is defined in 
        section 3 of the Act) in accordance with the Act as amended by 
        this Act.
            (2) Revisions.--The Secretary (as that term is defined in 
        section 3 of the Endangered Species Act of 1973) may revise 
        each recovery plan developed under the Endangered Species Act 
        of 1973 before the date of the enactment of this Act so as to 
        conform to section 5 of that Act, as amended by this Act, 
        giving priority to recovery plans whose revision would provide 
        the greatest benefit to species listed under section 4 of that 
        Act and species which the Secretary has identified as 
        candidates for listing under section 4 of that Act.
    (c) Conforming Amendments.--
            (1) The table of contents in the first section is amended 
        by striking the item relating to section 5 and inserting the 
        following:

``Sec. 5. Recovery of endangered species and threatened species.''.
            (2) Section 4 (16 U.S.C. 1533) is amended--
                    (A) by striking subsections (f) and (g);
                    (B) in subsection (h)(4) by striking ``subsection 
                (f) of this section'' and inserting in lieu thereof 
                ``section 5'';
                    (C) by redesignating subsection (h) as subsection 
                (f); and
                    (D) by redesignating subsection (i) by striking 
                ``(i)'' and inserting the following: ``(g) Response to 
                State Comments.--''.
            (3) Section 6(d) (16 U.S.C. 1535(d)) is amended by striking 
        ``Section 4(g)'' and inserting in lieu thereof ``Section 
        5(b)''.
            (4) Section 7(a)(1) of the Land and Water Conservation Fund 
        Act of 1965 (16 U.S.C. 4601-9(a)(1)) is amended by striking 
        ``Section 5(a)'' and inserting in lieu thereof ``Section 
        5(c)''.

SEC. 5. IMPROVED COOPERATION WITH THE STATES.

    Section 6(a) (16 U.S.C. 1535(a)) is amended by adding at the end 
thereof the following sentence: ``In cooperating with State agencies in 
carrying out this Act, the Secretary shall not be subject to the 
Federal Advisory Committee Act.''.

SEC. 6. ACTIONS ON FEDERAL LANDS TO PREVENT LISTING OF SPECIES.

    (a) Policy of Congress.--Section 2(c)(1) (16 U.S.C. 1531(c)(1)) is 
amended to read as follows:
            ``(1) It is further declared to be the policy of Congress 
        that all Federal departments and agencies shall conserve 
        endangered species, threatened species, species which have been 
        proposed for listing, and species which the Secretary has 
        identified as candidates for listing under section 4 and shall 
        utilize their authorities in furtherance of this policy and the 
        purposes of this Act.''.
    (b) Federal Agency Agreements for the Conservation of Candidate 
Species.--Section 7(a)(1) (16 U.S.C. 1536(a)(1)) is amended by 
inserting ``(A)'' after ``(1)'' and by adding the following new 
subparagraph:
            ``(B) The head of each Federal agency responsible for the 
        management of lands and waters--
                    ``(i) shall, by not later than December 31, 1994, 
                prepare and provide to the Secretary an inventory of 
                endangered species, threatened species, species which 
                have been proposed for listing, and species which the 
                Secretary has identified as candidates for listing 
                under section 4, which are located on lands and waters 
                within the jurisdiction of the agency;
                    ``(ii) shall, by not later than December 31, 1995, 
                identify measures to be taken on lands and waters 
                within the jurisdiction of the agency to conserve 
                species which the Secretary has identified as 
                candidates for listing under section 4; and
                    ``(iii) may enter into agreements with the 
                Secretary to further the conservation of any species 
                which the Secretary has identified as candidates for 
                listing under section 4.''.

SEC. 7. CONSULTATION ON FEDERAL ACTIONS ABROAD.

    Section 7(a) (16 U.S.C. 1536(a)) is amended by adding at the end 
the following new paragraph:
    ``(5) Except as provided in subsection 7(j), the provisions of this 
section are applicable to all Federal agencies and agency actions, 
including extraterritorial actions and actions with extraterritorial 
effects.''.

SEC. 8. IMPROVED FEDERAL AGENCY COORDINATION.

    Section 7(a) (16 U.S.C. 1536(a)) is amended by adding at the end 
thereof the following:
    ``(6) Consolidation of Consultations and Conferences.--
            ``(A) Consultations and conferences under this section 
        between the Secretary and a Federal agency may, if approved by 
        the Secretary, encompass a number of related or similar agency 
        actions to be undertaken within a particular geographic area or 
        ecosystem.
            ``(B) The Secretary may consolidate requests for 
        consultations or conferences from various Federal agencies 
        whose proposed actions may affect endangered species, 
        threatened species, or species which have been proposed for 
        listing under section 4, that are dependent upon the same 
        ecosystem.''.

SEC. 9. INCENTIVES FOR CONSERVATION OF CANDIDATE AND OTHER SPECIES ON 
              STATE AND PRIVATE LANDS.

    (a) Conservation Planning.--Section 13 (87 Stat. 901; relating to 
conforming amendments) is amended to read as follows:

                        ``conservation planning

    ``Sec. 13. (a) Conservation Planning for Candidate Species.--
            ``(1) Development of plans.--
                    ``(A) Any State, county, municipality, political 
                subdivision of a State, or other person, may develop a 
                plan for the conservation of any species which has been 
                proposed for listing or identified by the Secretary as 
                a candidate for listing under section 4.
                    ``(B) A plan prepared under subparagraph (A) shall 
                cover an area that, alone or when considered in 
                association with nearby lands dedicated to 
                conservation, is sufficiently large in size to 
                encompass adequate suitable habitat within which the 
                covered species can be maintained over the long-term.
            ``(2) Permit issuance.--If a plan developed pursuant to 
        paragraph (1) specifies the information required under section 
        10(a)(2)(A), and if, after opportunity for public comment 
        thereon, the Secretary makes the findings required under 
        section 10(a)(2)(B) the Secretary shall, upon receipt of such 
        assurances as the Secretary may require that the plan will be 
        implemented, issue a permit which shall be treated, upon the 
        listing under section 4 of any species for which the plan was 
        developed, as a permit issued pursuant to section 10(a)(1)(B).
            ``(3) Review upon listing.--Upon the listing under section 
        4 of a species for which a permit is issued under paragraph 
        (2), the Secretary shall--
                    ``(A) review the terms and implementation of each 
                permit issued under paragraph (3) for that species;
                    ``(B) determine whether each of those permittees 
                has complied with the terms of their permit; and
                    ``(C) suspend the permit of any of those permittees 
                that is determined under subparagraph (B) to have not 
                complied with their permit.
    ``(b) Federal Assistance to State and Local Governments for 
Development of Plans.--
            ``(1) Establishment of habitat conservation planning 
        fund.--The Secretary shall establish a Habitat Conservation 
        Planning Fund (hereinafter referred to in this subsection as 
        `Fund') which shall--
                    ``(A) consist of all sums appropriated pursuant to 
                section 15(d), and
                    ``(B) be administered by the Secretary as a 
                revolving fund.
            ``(2) Authority to make grants or advances from the fund.--
        The Secretary is authorized to make a grant or interest-free 
        advance from the Fund to any State, county, municipality, or 
        political subdivision of any State to assist in the development 
        of a plan under this section or section 10(a)(2). A grant or 
        advance under this paragraph may not exceed the total financial 
        contribution of the other parties participating in development 
        of the plan.
            ``(3) Criteria for grants and advances from the fund.--In 
        making grants or advances from the fund, the Secretary shall 
        consider the number of species for which the plan is to be 
        developed, the commitment to participate in the planning 
        process from a diversity of interests (including local 
        governmental, business, environmental, and landowner 
        interests), the likelihood of success of the planning effort, 
        and other factors as the Secretary deems appropriate.
            ``(4) Repayment of advances from the fund.--
                    ``(A) Except as provided in subparagraph (B), sums 
                advanced from the Fund shall be repaid within 10 years 
                after the date of the advance.
                    ``(B) Sums advanced under this subsection for 
                development of a plan shall be repaid within 4 years 
                after the date of the advance if--
                            ``(i) no plan is developed within 3 years 
                        after the date of the advance; or
                            ``(ii) in the case of an advance for the 
                        development of a plan under section 10(a)(2), 
                        no permit is issued under section 10(a)(1)(B) 
                        based on the plan within three years after the 
                        date of the advance.
                    ``(C) Sums received by the United States as 
                repayment of advances from the Fund shall be credited 
                to the Fund and available for further advances in 
                accordance with this subsection without further 
                appropriation.''.
    ``(b) Conforming Amendment.--The table of contents in the first 
section is amended by striking the item relating to section 13 and 
inserting the following:

``Sec. 13. Conservation planning.''.
    (c) Mitigation.--Section 10(a)(2)(A)(ii) (16 U.S.C. 
1539(a)(2)(A)(ii) is amended to read as follows:
                    ``(ii) what measures, such as conservation 
                easements, land acquisition, regulatory controls, 
                exotic species controls, and active habitat management, 
                the applicant will take to minimize and mitigate those 
                impacts and the funding that will be available to 
                implement those measures;''.

SEC. 10. FEDERAL ASSISTANCE TO HELP PRIVATE LANDOWNERS CONSERVE 
              SPECIES.

    (a) Incentives for Private Landowners.--Section 14 (87 Stat. 903; 
relating to a repeal) is amended to read as follows:

 ``incentives for private landowners to assist recovery of endangered 
           species, threatened species, and candidate species

    ``Sec. 14. (a) Assistance Agreements.--The Secretary may, in 
cooperation with the State agency in each appropriate State and subject 
to the availability of appropriations under section 15(e), enter into 
an agreement with any person who is a private landowner, under which--
            ``(1) the person agrees to carry out on land they own 
        activities that the Secretary determines will promote--
                    ``(A) the conservation of an endangered species or 
                a threatened species pursuant to a recovery plan; or
                    ``(B) the conservation of a species which the 
                Secretary has identified to be a candidate for listing 
                under section 4;
            ``(2) the Secretary agrees to pay to the person such amount 
        as may be agreed by the person and the Secretary.
    ``(b) Prohibition on Assistance for Certain Required Activities.--
The Secretary may not pay any amount as assistance under this section 
for any action that is--
            ``(1) required under a permit issued pursuant to 
        subparagraph 10(a)(2)(B);
            ``(2) a condition of any other permit issued under this 
        Act; or
            ``(3) otherwise required under this Act or any other 
        Federal law.
    ``(c) Ensuring Implementation of Agreements.--The Secretary shall 
be responsible for ensuring that the terms of the agreements entered 
into under this section are carried out.
    ``(d) Technical Assistance.--The Secretary may provide, to a person 
who enters into an agreement under this section, technical assistance 
in the implementation of the activities under subsection (a)(1).''.
    (b) Conforming Amendment.--The table of contents in the first 
section is amended by striking the item relating to section 14 and 
inserting the following:

``Sec. 14. Incentives for private landowners to assist recovery of 
                            endangered species, threatened species, and 
                            candidate species.''.

    (c) Report on Incentives for Conservation of Species.--Within 12 
months after the date of enactment of this Act, the Secretary, in 
consultation with the Secretary of the Treasury, shall submit to the 
Senate Committee on Environment and Public Works and the House 
Committee on Merchant Marine and Fisheries a report containing--
            (1) a compilation and analysis of existing and potential 
        Federal expenditures, financial assistance, and tax provisions 
        which have the effect of encouraging private landowner 
        conservation of the habitat of endangered species, threatened 
        species, or species which the Secretary has identified to be a 
        candidate for listing under section 4;
            (2) a compilation and analysis of existing and potential 
        Federal expenditures, financial assistance, and tax provisions 
        which have the effect of discouraging private landowner 
        conservation of the habitat of endangered species, threatened 
        species, or species which the Secretary has identified to be a 
        candidate for listing under section 4;
            (3) a compilation and analysis of Federal statutory and 
        regulatory mechanisms, including expenditures and financial 
        assistance, which have the effect of discouraging the 
        conservation of endangered species, threatened species, or 
        species which the Secretary has identified to be a candidate 
        for listing under section 4 of the Endangered Species Act; and
            (4) recommendations based on the compilations and analyses 
        under paragraphs (1), (2) and (3) which would promote 
        conservation of endangered species, threatened species, or 
        species which the Secretary has identified to be a candidate 
        for listing under section 4.

SEC. 11. IMPROVING INTERNATIONAL CONSERVATION OF SPECIES.

    (a) Western Hemisphere Convention.--Section 8A(e) (16 U.S.C. 
1537a(e)) is amended--
            (1) in paragraph (2) by redesignating subparagraphs (A), 
        (B), and (C) in order as subparagraphs (C), (D), and (E); and
            (2) by inserting before paragraph (2)(C), as so 
        redesignated, the following:
            ``(A) placement of permanent United States liaisons in 
        contracting party nations or in regions representing several 
        contracting party nations, including Mexico, Central America, 
        northern South America, Brazil, southern South America, and the 
        Caribbean;
            ``(B) cooperation with contracting parties and appropriate 
        international organizations for the purposes of--
                    ``(i) convening a conference of the parties and 
                appropriate technical meetings on cooperative bilateral 
                and multilateral actions to implement the Western 
                Convention, and
                    ``(ii) establishing and supporting a Permanent 
                Office of Western Convention;'';
            (3) in paragraph (2)(D), as so redesignated, by striking 
        ``and'' after the semicolon;
            (4) in paragraph (2)(E), as so redesignated, by striking 
        the period and inserting ``; and'';
            (5) by adding at the end of paragraph (2) the following:
            ``(F) implementation of cooperative measures to conserve 
        sensitive and threatened habitats and ecosystems.''; and
            (6) in paragraph (3) by striking ``1985,'' and inserting in 
        lieu thereof ``1995, and every three years thereafter,''.
    (b) Regulations To Implement Convention on International Trade in 
Endangered Species of Wild Fauna and Flora.--Section 11(f) (16 U.S.C. 
1540(f)) is amended in the first sentence by striking ``enforce this 
Act,'' and inserting ``enforce this Act and to carry out the Convention 
and resolutions adopted under the Convention by the parties to the 
Convention,''.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

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

                   ``authorization of appropriations

    Sec. 15. (a) In General.--In addition to amounts authorized under 
section 6(i) and subsections (b), (c), (d), and (e) of this section, 
there are authorized to be appropriated--
            ``(1) to the Secretary of the Interior for carrying out 
        functions 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 Secretary of Commerce for carrying out 
        functions 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 Secretary of Agriculture for carrying out 
        functions 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 Secretary of the Interior for carrying out functions of the 
Secretary of the Interior and the Endangered Species Committee under 
section 7(e), (g), and (h) $625,000 for each of fiscal years 1994 
through 1999.
    ``(c) Convention Implementation.--There are authorized to be 
appropriated to the Secretary of the Interior for carrying out section 
8A(e) $1,000,000 for each of fiscal years 1994 through 1999; such sums 
shall remain available until expended.
    ``(d) Habitat Conservation Planning Fund.--To assist in the 
development of plans under sections 10(a)(2) and 13, there are 
authorized to be appropriated to the Secretary of the Interior 
$20,000,000, which shall be deposited into the Habitat Conservation 
Planning Fund established under section 13(b) and which shall remain 
available until expended.
    ``(e) Private Assistance.--There are authorized to be appropriated 
to the Secretary of the Interior for carrying out section 14 
$25,000,000 for each of fiscal years 1994 through 1999.
    ``(f) Availability.--Amounts appropriated under the authority of 
this section shall remain available until expended.''.

                                 <all>

S 921 IS----2