[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2275 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2275

      To reauthorize and amend the Endangered Species Act of 1973.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 7, 1995

Mr. Young of Alaska (for himself, Mr. Pombo, Mr. Tauzin, Mr. Brewster, 
  Mr. Doolittle, Mr. Hansen, Mr. Dooley, Mr. Calvert, Mr. Condit, Mr. 
 Stenholm, Mr. Stump, Mr. Smith of Texas, Mr. Gallegly, Mr. Fields of 
    Texas, Mr. Kolbe, Ms. Danner, Mr. Hutchinson, Mr. Hayworth, Mr. 
   Hastings of Washington, Mr. Bonilla, Mr. McHugh, Mr. Dornan, Mr. 
  Herger, Mr. Everett, Mr. Taylor of North Carolina, Mr. Packard, Mr. 
  Cunningham, Mr. Thornberry, Mr. Hayes, Mr. Royce, Mr. Combest, Mr. 
Cooley, Mr. Salmon, Mr. Bono, Mr. Baker of California, Mr. Hunter, Mr. 
Lewis of California, Mrs. Cubin, Mr. McKeon, Mr. Radanovich, Mr. Riggs, 
Mr. Rohrabacher, Mrs. Seastrand, Mr. Thomas, Mr. Allard, Mr. Schaefer, 
Mr. Mica, Mr. Chambliss, Mr. Collins of Georgia, Mr. Linder, Mr. Baker 
    of Louisiana, Mr. Crapo, Mr. Ewing, Mr. Burton of Indiana, Mr. 
   Hostettler, Mr. McIntosh, Mr. Roberts, Mr. Lewis of Kentucky, Mr. 
 Bartlett of Maryland, Mr. Knollenberg, Mr. Emerson, Mr. Hancock, Mr. 
Skeen, Mr. Paxon, Mr. Solomon, Mr. Ballenger, Mr. Jones, Mr. Oxley, Mr. 
 Coburn, Mr. Largent, Mr. Lucas, Mr. Watts of Oklahoma, Mr. Barton of 
Texas, Mr. DeLay, Mr. Sam Johnson of Texas, Mr. Stockman, Mr. Shadegg, 
 Mr. Callahan, Mr. Laughlin, Mrs. Vucanovich, Mr. Tejeda, Mr. Bachus, 
  Mr. Cox of California, Mr. Funderburk, Mr. Boehner, Mr. Crane, Mr. 
   Dreier, Mr. Edwards, Mr. Nethercutt, Mr. Pete Geren of Texas, Mr. 
Ortiz, Mr. Hall of Texas, Mr. Duncan, Mr. McCrery, and Mr. Livingston) 
 introduced the following bill; which was referred to the Committee on 
   Resources, and in addition to the Committee on Agriculture, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
      To reauthorize and amend the Endangered Species Act of 1973.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Endangered Species 
Conservation and Management Act of 1995''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to Endangered Species Act of 1973.
Sec. 3. Findings, purposes, and policy of Endangered Species Act of 
                            1973.
 TITLE I--PRIVATE PROPERTY RIGHTS AND VOLUNTARY INCENTIVES FOR PRIVATE 
                            PROPERTY OWNERS

Sec. 101. Compensation for use or taking of private property.
Sec. 102. Voluntary cooperative management agreements.
Sec. 103. Grants for improving and conserving habitat for species.
Sec. 104. Technical assistance programs.
Sec. 105. Water rights.
 TITLE II--IMPROVING ABILITY TO COMPLY WITH THE ENDANGERED SPECIES ACT 
                                OF 1973

Sec. 201. Enforcement procedures.
Sec. 202. Removing punitive disincentives.
Sec. 203. Allowing non-Federal persons to use the consultation 
                            procedures.
Sec. 204. Permitting requirements for incidental takes.
Sec. 205. General, research, and educational permits.
Sec. 206. Maintenance of aquatic habitats for listed species.
Sec. 207. Compliance with international requirements and treaties.
Sec. 208. Incentives for protection of marine species.
  TITLE III--IMPROVING SCIENTIFIC INTEGRITY OF LISTING DECISIONS AND 
                               PROCEDURES

Sec. 301. Improving the validity and credibility of decisions.
Sec. 302. Peer review.
Sec. 303. Making data public.
Sec. 304. Improving the petition and designation processes.
Sec. 305. Greater State involvement.
Sec. 306. Monitoring the status of species.
Sec. 307. Petitions to delist species.
     TITLE IV--RECOGNIZING OTHER FEDERAL ACTION, LAWS, AND MISSIONS

Sec. 401. Balance ESA with other laws and missions.
Sec. 402. Exemptions from consultation and conferencing.
Sec. 403. Eliminating the exemption committee (GOD committee).
     TITLE V--BETTER MANAGEMENT AND CONSERVATION OF LISTED SPECIES

Sec. 501. Setting conservation objectives.
Sec. 502. Preparing a conservation plan.
Sec. 503. Interim measures.
Sec. 504. Critical habitat for species.
Sec. 505. Recognition of captive propagation as means of recovery.
Sec. 506. Introduction of species.
Sec. 507. Conserving threatened species.
                     TITLE VI--HABITAT PROTECTIONS

Sec. 601. Federal biological diversity reserve.
Sec. 602. Land acquisition.
Sec. 603. Property exchanges.
TITLE VII--STATE AUTHORITY TO PROTECT ENDANGERED AND THREATENED SPECIES

Sec. 701. State authority.
Sec. 702. State programs affected by the Convention.
              TITLE VIII--FUNDING OF CONSERVATION MEASURES

Sec. 801. Authorizing increased appropriations.
Sec. 802. Funding of Federal mandates.
Sec. 803. Endangered Species and Threatened Species Conservation Trust 
                            Fund.
                   TITLE IX--MISCELLANEOUS PROVISIONS

Sec. 901. Amendments to definitions.
Sec. 902. Review of species of national interest.
Sec. 903. Preparation of conservation plans for species listed before 
                            enactment of this Act.
Sec. 904. Conforming amendment to table of contents.
SEC. 2. 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 such section or other provision of the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.).

SEC. 3. FINDINGS, PURPOSES, AND POLICY OF ENDANGERED SPECIES ACT OF 
              1973.

    (a) Findings.--Section 2(a) (16 U.S.C. 1531(a)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) various species of fish, wildlife, and plants in the 
        United States have been rendered extinct because of inadequate 
        conservation practices and natural processes;''; and
            (2) by striking ``and'' after the semicolon at the end of 
        paragraph (4)(G), by striking the period at the end of 
        paragraph (5) and inserting ``; and'', and by adding at the end 
        the following new paragraph:
            ``(6) the Nation's economic well-being is essential to the 
        ability to maintain a sustainable resource base, therefore 
        economic impacts and private property owners' rights must be 
        considered while encouraging practices that protect species.''.
    (b) Purposes and Policy.--Section 2 (b) and (c) (16 U.S.C. 1531 
(b), (c)) are amended to read as follows:
    ``(b) Purposes.--The purposes of this Act are the following:
            ``(1) To provide a feasible and practical means to conserve 
        endangered species and threatened species consistent with 
        protection of the rights of private property owners and 
        ensuring economic stability.
            ``(2) To provide a program for the conservation and 
        management of such endangered species and threatened species 
        taking into account the economic and social consequences of 
        such program.
            ``(3) To take such steps as may be practicable to achieve 
        the purposes of the treaties and conventions set forth in 
        subsection (a) of this section.
    ``(c) Policy.--
            ``(1) Federal authority.--It is further declared to be the 
        policy of Congress that all Federal departments and agencies 
        shall seek to conserve and manage endangered species and 
        threatened species and shall, consistent with their primary 
        missions, utilize their authorities in furtherance of the 
        purposes of this Act.
            ``(2) Cooperation with states.--It is further declared to 
        be the policy of Congress that Federal agencies shall cooperate 
        with State and local agencies to resolve water resource issues 
        in concert with conservation of endangered species and 
        consistent with State and local water laws.
            ``(3) Protection of private property rights.--It is the 
        policy of the Federal Government that agency action taken 
        pursuant to this Act shall not use or limit the use of 
        privately owned property when such action diminishes the value 
        of such property without payment of fair market value to the 
        owner of private property. Each Federal agency, officer, and 
        employee shall exercise authority under this Act to ensure that 
        agency action will not violate the policy established in this 
        paragraph.''.

 TITLE I--PRIVATE PROPERTY RIGHTS AND VOLUNTARY INCENTIVES FOR PRIVATE 
                            PROPERTY OWNERS

SEC. 101. COMPENSATION FOR USE OR TAKING OF PRIVATE PROPERTY.

    The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is 
amended by adding at the end the following new section:

``SEC. 19. RIGHT TO COMPENSATION.

    ``(a) Prohibition.--The Federal Government shall not take an agency 
action affecting privately owned property or nonfederally owned 
property under this Act which results in diminishment of value of any 
portion of that property by 20 percent or more unless compensation is 
offered in accordance with this section.
    ``(b) Compensation for Use or Limitation on Use.--The agency or 
agencies that take an agency action that exceeds the amount provided in 
subsection (a) shall compensate the private property owner for the 
otherwise lawful use or limitation on the otherwise lawful use in the 
amount of the diminution in value of the portion of that property 
resulting from the use or limitation on use. If the diminution in value 
of a portion of that property is greater than 50 percent, at the option 
of the owner, the agency or agencies shall buy that portion of the 
property and shall pay fair market value based on the value of the 
property before the use or limitation on use was imposed. Compensation 
paid shall reflect the duration of the use or limitation on use 
necessary to achieve the purposes of this Act.
    ``(c) Request of Owner.--An owner seeking compensation under this 
section shall make a written request for compensation to the agency 
implementing the agency action. The request shall, at a minimum, 
identify the affected portion of the property, the nature of the use or 
limitation, and the amount of compensation claimed. No such request may 
be made later than one year after the owner receives actual notice that 
the use of property has been limited by an agency action.
    ``(d) Negotiations.--The agency may negotiate with that owner to 
reach agreement on the amount of the compensation and the terms of any 
agreement for payment. If such an agreement is reached, the agency 
shall promptly pay the owner the amount agreed upon. An agreement under 
this section may include a transfer of the title or an agreement to use 
the property for a limited period of time.
    ``(e) Choice of Remedies.--If, not later than 180 days after the 
written request is made, the parties have not reached an agreement on 
compensation, the owner may elect binding arbitration or seek 
compensation due under this section in a civil action.
    ``(f) Arbitration.--The procedures that govern the arbitration 
shall, as nearly as practicable, be those established under title 9, 
United States Code, for arbitration proceedings to which that title 
applies. An award made in such arbitration shall include a reasonable 
attorney's fee and other arbitration costs, including appraisal fees. 
The agency shall promptly pay any award made to the owner.
    ``(g) Civil Action.--An owner who prevails in a civil action 
against the agency pursuant to this section shall be entitled to, and 
the agency shall be liable for, the amount of compensation awarded plus 
reasonable attorney's fees and other litigation costs, including 
appraisal fees. The court shall award interest on the amount of any 
compensation from the time of the limitation.
    ``(h) Source of Payments.--Any payment made under this section to 
an owner, and any judgment obtained by an owner in a civil action under 
this section shall, notwithstanding any other provision of law, be made 
from the annual appropriation of the agency that took the agency 
action. If the agency action resulted from a requirement imposed by 
another agency, then the agency making the payment or satisfying the 
judgment may seek partial or complete reimbursement from the 
appropriated funds of the other agency. For this purpose the head of 
the agency concerned may transfer or reprogram any appropriated funds 
available to the agency. If insufficient funds exist for the payment or 
to satisfy the judgment, it shall be the duty of the head of the agency 
to seek the appropriation of such funds for the next fiscal year.
    ``(i) Availability of Appropriations.--Notwithstanding any other 
provision of law, any obligation of the United States to make any 
payment under this section shall be subject to the availability of 
appropriations.
    ``(j) Duty of Notice to Owners.--Whenever an agency takes an agency 
action limiting the use of private property the agency shall give 
appropriate notice to the owners of that property directly affected 
explaining their rights under this section and the procedures for 
obtaining any compensation that may be due to them under this section.
    ``(k) Rules of Construction.--The following rules of construction 
shall apply to this Act:
            ``(1) Other rights preserved.--Nothing in this Act shall be 
        construed to limit any right to compensation that exists under 
        the Constitution or under other laws.
            ``(2) Extent of federal authority.--Payment of compensation 
        under this section (other than when the property is bought by 
        the Federal Government at the option of the owner) shall not 
        confer any rights on the Federal Government other than the use 
        or limitation on use resulting from the agency action for the 
        duration so that the agency action may achieve the species 
        conservation purposes of this Act.
    ``(l) Definitions.--For the purposes of this section:
            ``(1) Agency.--The term `agency' has the meaning given that 
        term in section 551 of title 5, United States Code.
            ``(2) Agency action.--The term `agency action'--
                    ``(A) subject to subparagraph (B), has the meaning 
                given that term in section 551 of title 5, United 
                States Code, and
                    ``(B) includes--
                            ``(i) the loss of use of property to avoid 
                        prosecution under section 11;
                            ``(ii) a designation pursuant to section 
                        9(i) of privately owned property as critical 
                        habitat;
                            ``(iii) the denial of a permit under 
                        section 10 that restricts the use of private 
                        property;
                            ``(iv) an agency action pursuant to a 
                        biological opinion under section 7 that would 
                        cause an agency to restrict the use of private 
                        property;
                            ``(v) an agreement under section 6 to set 
                        aside property for habitat under the terms of 
                        an easement or other contract;
                            ``(vi) a restriction imposed on private 
                        property as part of a conservation plan adopted 
                        by the Secretary under section 5;
                            ``(vii) any other agency action that 
                        restricts a legal right to use that property, 
                        including, the right to alter habitat; and
                            ``(viii) the making of a grant of land or 
                        money, to a public authority or a private 
                        entity as a predicate to an agency action by 
                        the recipient that would constitute a 
                        limitation if done directly by the agency.
            ``(3) Fair market value.--The term `fair market value' 
        means the most probable price at which property would change 
        hands, in a competitive and open market under all conditions 
        requisite to fair sale, between a willing buyer and willing 
        seller, neither being under any compulsion to buy or sell and 
        both having reasonable knowledge of relevant facts, prior to 
        occurrence of the agency action.
            ``(4) Law of the state.--The term `law of the State' 
        includes the law of a political subdivision of a State.
            ``(5) Limitation on use.--The term `limitation on use' 
        means only a limitation on a use which is otherwise permissable 
        under applicable State property or nuisance laws.
            ``(6) Private property, privately owned property, non-
        federal property.--The term `private property', `privately 
        owned property', or `non-Federal property' means property which 
        is owned by a person other than any Federal entity of 
        government.
            ``(7) Property.--The term `property' means land, an 
        interest in land, the right to use or receive water, and any 
        personal property that is subject to use by the Federal 
        Government or to a restriction on use.''.
SEC. 102. VOLUNTARY COOPERATIVE MANAGEMENT AGREEMENTS.

    (a) Cooperative Management Agreement Defined.--Section 3 (16 U.S.C. 
1532) is amended--
            (1) by redesignating paragraphs (2) through (21) in order 
        as paragraphs (3), (4), (5), (7), (9), (10), (11), (12), (13), 
        (18), (19), (20), (22), (23), (24), (25), (26), (27), and (28); 
        and
            (2) by adding after paragraph (5) (as redesignated by 
        paragraph (1) of this section) the following new paragraph:
    ``(6) The term `cooperative management agreement' means a voluntary 
agreement entered into under section 6(b).''.
    (b) Voluntary Cooperative Management Agreements.--Section 6 (16 
U.S.C. 1535) is amended by striking so much as precedes subsection (c) 
and inserting the following:

``SEC. 6. COOPERATION WITH NON-FEDERAL PERSONS.

    ``(a) Generally.--In carrying out the program authorized by this 
Act, the Secretary shall cooperate to the maximum extent practicable 
with the States and other non-Federal persons. Such cooperation shall 
include consultation with the States and non-Federal persons concerned 
before acquiring any land or water, or interest therein, for the 
purpose of conserving any endangered species or threatened species.
    ``(b) Cooperative Management Agreements.--
            ``(1) In general.--The Secretary may enter into a 
        cooperative management agreement with any State or group of 
        States, political subdivision of a State, local government, or 
        non-Federal person--
                    ``(A) for the management of a species or group of 
                species listed as endangered species or threatened 
                species under section 4, a species or group of species 
                proposed to be listed under section 4, or species or 
                group of species which are candidates for listing; or
                    ``(B) for the management or acquisition of an area 
                which provides habitat for a species.
            ``(2) Scope of cooperative management agreements.--(A) A 
        cooperative management agreement entered into under this 
        subsection--
                    ``(i) may provide for the management of a species 
                or group of species on both public and private lands 
                which are under the authority, control or ownership of 
                a State or group of States, political subdivision of a 
                State, local government, or non-Federal person and 
                which are affected by a listing determination, proposed 
                determination, or proposed candidacy for determination; 
                and
                    ``(ii) may include the acquisition or designation 
                of land as habitat for species.
            ``(B) A cooperative management agreement may not restrict 
        private or non-Federal property unless written consent to such 
        restrictions by the non-Federal owner is given either to the 
        Secretary or the State, political subdivision, local 
        government, or non-Federal person who is a party to the 
        agreement.
            ``(C) The Secretary may grant to a party to an agreement 
        the authority to undertake programs to enhance the population 
        or habitat of a species on federally owned lands, except that 
        such authority shall not otherwise conflict with other uses of 
        such land which are approved by the Secretary or authorized by 
        the Congress.
            ``(D) The Secretary is authorized, in conjunction with 
        entering into and as a part of any agreement under this 
        section, to provide funds to carry out the agreement to a non-
        Federal person, as provided in paragraph (11).
            ``(3) Notification.--Not later than 30 days after 
        submission of a request to enter into a cooperative management 
        agreement, the party submitting the request shall provide 
        notice of the request to any non-Federal person or Federal 
        power marketing administration that would be subject to the 
        proposed cooperative management agreement.
            ``(4) Development of proposed agreement.--(A) The 
        requesting party shall develop and submit to the Secretary a 
        proposed cooperative management agreement.
            ``(B) The Secretary shall publish in the Federal Register a 
        notice of availability and a request for public comment on any 
        proposed cooperative management agreement between the Secretary 
        and any governmental entity and shall hold a public hearing on 
        such a proposed cooperative management agreement in each county 
        or parish in which the proposed agreement would be in effect.
            ``(C) Before entering into a cooperative management 
        agreement with another governmental entity or a non-Federal 
        person for the management of federally owned land, the 
        Secretary shall consider and weigh carefully all information 
        received in response to the request for comment published under 
        subparagraph (B) and testimony presented in each hearing held 
        under subparagraph (B).
            ``(5) Approval of agreement.--(A) Not later than 120 days 
        after the submission of a proposed cooperative management 
        agreement under paragraph (4), the Secretary shall determine 
        whether the proposed agreement is in accordance with this 
        subsection and 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, if the Secretary finds that--
                    ``(i) the requesting party 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 or group of species to which 
                the agreement applies;
                    ``(iii) the agreement adequately provides for the 
                administration and management of the identified 
                management area;
                    ``(iv) the agreement promotes the conservation of 
                the species to which the agreement applies by 
                committing Federal or non-Federal efforts to the 
                conservation;
                    ``(v) the term of the agreement is of sufficient 
                duration to accomplish the provisions of the agreement; 
                and
                    ``(vi) the agreement is adequately funded to carry 
                out the agreement.
            ``(C) No later than 30 days after entering into a 
        cooperative management agreement with a governmental entity, 
        the Secretary shall publish in the Federal Register a notice of 
        availability of the terms of such agreement and the response of 
        the Secretary to all information received or presented with 
        respect to the agreement pursuant to paragraph (4)(B).
            ``(6) Environmental assessments.--Preparation, approval, 
        and entering into a cooperative management agreement under this 
        subsection shall not be subject to section 102(2) of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
            ``(7) No surprises.--For any species or area that is the 
        subject of a cooperative management agreement under this 
        subsection, a party to the agreement shall not be required--
                    ``(A) to make any additional payment for any 
                purpose, or to accept any additional restriction on any 
                parcel of land available for development or land 
                management under the agreement, without consent of the 
                party; or
                    ``(B) to undertake any other measure to minimize or 
                mitigate impacts on the species in addition to measures 
                required by the agreement as established.
            ``(8) Effect of listing of species.--A cooperative 
        management agreement entered into under this subsection shall 
        remain in effect and shall not be required to be amended if a 
        species to which the agreement does not apply is determined to 
        be an endangered species or threatened species under section 4.
            ``(9) Applicability of certain provisions.--Sections 5, 7, 
        and 9 shall not apply to those activities of a party to a 
        cooperative management agreement which are conducted in 
        accordance with such agreement.
            ``(10) Violations of agreements.--(A) If the Secretary 
        determines that a party to a cooperative management agreement 
        is not administering or acting in accordance with the 
        agreement, the Secretary shall notify the party.
            ``(B) If a party 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 or the applicability 
                of the agreement to the party that is the subject of 
                the notification; and
                    ``(ii) beginning on the date of the rescission--
                            ``(I) the entire agreement shall not be 
                        effective, or the agreement shall not be 
                        effective with respect to the party, whichever 
                        is appropriate; and
                            ``(II) sections 5, 7, and 9 shall apply to 
                        activities of the party.''.
SEC. 103. GRANTS FOR IMPROVING AND CONSERVING HABITAT FOR SPECIES.

    Section 6 (16 U.S.C. 1535), as amended by section 102(b) of this 
Act, is amended by adding at the end of subsection (b) the following 
new paragraph:
            ``(11) Habitat conservation grants.--(A) The Secretary may, 
        from amounts in the account established by section 13 or from 
        funds appropriated for such purpose, provide a grant to a non-
        Federal person (other than an officer, employee, or agent 
        (acting in an official capacity) or a department or 
        instrumentality of a State, municipality, or political 
        subdivision thereof) for the purpose of conserving, preserving, 
        or improving habitat for any species that is determined under 
        section 4 to be an endangered species or a threatened species.
            ``(B) The Secretary may 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 managed for 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 management 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.''.

SEC. 104. TECHNICAL ASSISTANCE PROGRAMS.

    Section 5 (16 U.S.C. 1534), as added by section 501 of this Act and 
as amended by sections 502(a), 503, 504(a), and 505 of this Act, is 
amended by adding at the end the following new subsection:
    ``(m) Technical Assistance Program.--
            ``(1) In general.--The Secretary shall initiate a technical 
        assistance program to provide technical advice and assistance 
        to non-Federal persons who wish to participate in achieving the 
        conservation objective for a species for which a conservation 
        goal has been adopted under this section. The technical 
        assistance provided shall include information on habitat needs 
        of species, optimum management of habitat for species, methods 
        for propagation of species, feeding needs and habits, predator 
        controls, and any other information which a non-Federal person 
        may utilize or request for the purpose of conserving a species 
        determined to be an endangered species or threatened species or 
        proposed to be determined as an endangered species or 
        threatened species.
            ``(2) Regulations to provide exemptions from section 9.--
        The Secretary shall promulgate regulations that establish 
        exemptions from section 9 for any person who participates in a 
        conservation program under this subsection.''.
SEC. 105. WATER RIGHTS.

    Section 6 (16 U.S.C. 1535) is amended by adding at the end the 
following:
    ``(j) Water Rights.--Nothing in this Act shall be construed to 
supersede, abrogate, or otherwise impair any right or authority of a 
State to allocate or administer quantities of water (including boundary 
waters). Nothing in this Act shall be implemented, enforced, or 
construed to allow any officer or agency of the United States to 
utilize directly or indirectly the authorities established under this 
Act to impose any requirement not imposed by the State which would 
supersede, abrogate, condition, restrict, or otherwise impair rights to 
the use of water resources allocated under State law, interstate water 
compact, or Supreme Court decree, or held by the United States for use 
by a State, its political subdivisions, or its citizens. The exercise 
of authority pursuant to or in furtherance of this Act shall not be 
construed to create a limitation on the exercise of rights to water or 
constitute a cause for nondelivery of water pursuant to contract or 
State law.''.

 TITLE II--IMPROVING ABILITY TO COMPLY WITH THE ENDANGERED SPECIES ACT 
                                OF 1973

SEC. 201. ENFORCEMENT PROCEDURES.

    (a) In General.--Section 9(a) (16 U.S.C. 1538(a)) is amended--
            (1) in paragraph (1) by amending the matter preceding 
        subparagraph (A) to read as follows: ``(1) Except as provided 
        in paragraph (3), section 6(g)(2), subsections (d)(3) and (e) 
        of section 5, section 7(a), and section 10, with respect to any 
        endangered species of fish or wildlife listed pursuant to 
        section 4 it is unlawful for any person subject to the 
        jurisdiction of the United States to--'';
            (2) in paragraph (2) by amending the matter preceding 
        subparagraph (A) to read as follows: ``(2) Except as provided 
        in section 6(g)(2), subsections (d)(3) and (e) of section 5, 
        and section 10, with respect to any endangered species of 
        plants listed pursuant to section 4, it is unlawful for any 
        person subject to the jurisdiction of the United States to--''; 
        and
            (3) by adding at the end the following new paragraph:
            ``(3) Permitted takings.--An activity of a non-Federal 
        person is not a taking of a species if the activity--
                    ``(A) is consistent with the provisions of a final 
                conservation plan or conservation objective;
                    ``(B) complies with the terms and conditions of an 
                incidental take permit or a cooperative management 
                agreement;
                    ``(C) addresses a critical, imminent threat to 
                public health or safety or a catastrophic natural 
                event, or is mandated by any Federal, State, or local 
                government agency for public health or safety purposes; 
                or
                    ``(D) is incidental to, and not the purpose of, the 
                carrying out of an otherwise lawful activity that 
                occurs within an area of the territorial sea or 
                exclusive economic zone established by Proclamation 
                Numbered 5030, dated March 10, 1983, that is not 
                designated as critical habitat under section 5(i), and 
                the affected species is not a species of fish.''.
    (b) Rewards and Incidental Expenses.--Section 11 (16 U.S.C. 1540) 
is amended--
            (1) in subsection (d)(2) by inserting after ``temporary 
        care for any'' the following: ``endangered species or 
        threatened species of'';
            (2) in subsection (e)(3) in the fourth sentence by striking 
        ``Any fish, wildlife,'' and inserting ``Any endangered species 
        or threatened species of fish or wildlife,'';
            (3) in subsection (e)(4)(A) by inserting ``endangered 
        species or threatened species of'' after ``All'';
            (4) in subsection (e)(4)(B) by inserting ``endangered 
        species or threatened speices of'' after ``importing of any'';
            (5) in subsection (f) in the first sentence by inserting 
        ``endangered species or threatened species of'' after ``storage 
        of'';
            (6) in subsection (e) by adding at the end the following 
        new paragraph:
            ``(7) Adoption of regulations.--(A) No interpretation, 
        policy, guideline, finding, or other informal determination may 
        be relied upon by the Secretary in the implementation and 
        enforcement of this Act unless such determination has been the 
        subject of a proposed rule, subject to review by the public and 
        comment for a period of no less than 60
         days. Any proposed rule under this subparagraph must include--
                    ``(i) a plain-language explanation of the reasons 
                for and purpose of the proposed rule;
                    ``(ii) an analysis of the anticipated impact of the 
                proposed rule;
                    ``(iii) an analysis showing that the restoration 
                benefit of the proposed rule outweighs any negative 
                conservation impact of that proposed rule;
                    ``(iv) an analysis showing that compliance with the 
                proposed rule is reasonably within the means of the 
                State or the range nation concerned; and
                    ``(v) a summary of the literature reviewed and 
                experts consulted in regard to the species involved, 
                and a summary of the Secretary's findings based on that 
                review and consultation.
            ``(B) No refusal of entry, seizure of evidence, or other 
        enforcement action may take place under this Act if the action 
        is based solely on a notification under the Convention or on a 
        resolution of the Conference of the Parties to the Convention.
            ``(C) The burden is on the Secretary to show that a 
        specimen belongs to a species which is determined to be an 
        endangered species or threatened species under this Act or is 
        included in an Appendix to the Convention. The Secretary may 
        not detain a specimen for longer than 30 days for the purpose 
        of identification. If the specimen cannot be positively 
        identified within that time, then it shall be released.''; and
            (7) by amending subsection (g) to read as follows:
    ``(g) Citizen Suits.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        civil suit may be commenced by any person on his or her own 
        behalf, who satisfies the requirements of the Constitution and 
        who has suffered or is threatened with economic or other injury 
        resulting from the violation, regulation, application, 
        nonapplication, or failure to act--
                    ``(A) to enjoin the United States or any agency or 
                official of the United States who is alleged to be in 
                violation of any provision of this Act or regulation 
                issued under the authority thereof, if the violation 
                poses immediate and irreparable harm to a threatened 
                species or endangered species;
                    ``(B) to compel the Secretary to apply, or modify 
                the application of, the prohibitions set forth in or 
                authorized pursuant to section 9(a)(1)(B) or 4(d);
                    ``(C) to compel the Secretary to apply, or modify 
                the application of, the provisions of section 10(a); or
                    ``(D) against the Secretary where there is alleged 
                a failure of the Secretary to perform any act or duty 
                under section 4(d) which is not discretionary with the 
                Secretary.
        The district courts shall have jurisdiction to enforce any such 
        provision or regulation, or to order the Secretary to perform 
        such act or duty, as the case may be.
            ``(2) Prerequisite procedures.--(A) No action may be 
        commenced under paragraph (1)(A)--
                    ``(i) prior to 60 days after written notice of the 
                alleged violation has been given to the Secretary, and 
                to any agency or official of the United States who is 
                alleged to be in violation, except that a State may 
                commence an action at any time;
                    ``(ii) if the Secretary has commenced action to 
                impose a penalty pursuant to subsection (a); or
                    ``(iii) if the United States has commenced and is 
                diligently prosecuting a criminal action in a court of 
                the United States or a State to redress the alleged 
                violation of any such provision or regulation.
            ``(B) No action may be commenced under paragraph (1)(B) 
        prior to 60 days after written notice has been given to the 
        Secretary setting forth the reasons for applying, or modifying 
        the application of, the prohibitions with respect to the taking 
        of a threatened species.
            ``(C) No action may be commenced under paragraph (1)(C) 
        prior to 60 days after written notice has been given to the 
        Secretary, except that such action may be brought immediately 
        after such notification in the case of an action under this 
        subsection respecting an emergency posing a significant risk to 
        the well-being of any species of fish or wildlife or plants.
            ``(3) Venue.--Any suit under this subsection may be brought 
        in the judicial district in which the violation occurs.
            ``(4) Costs.--The court, in issuing any final order in any 
        suit brought pursuant to paragraph (1), may award costs of 
        litigation (excluding attorney and expert witness fees) to any 
        party, whenever the court determines such award is appropriate.
            ``(5) Injunctive relief.--The injunctive relief provided by 
        this subsection shall not restrict any right which any person 
        (or class of persons) may have under any statute or common law 
        to seek enforcement of any standard or limitation or to seek 
        any other relief (including relief against the Secretary or a 
        State agency).
            ``(6) Intervention.--Any person may intervene as a matter 
        of right in any civil suit brought under this subsection if 
        such suit presents a reasonable threat of economic injury to 
        such person. Any intervenor under this paragraph shall have the 
        same right to present argument and to accept or reject 
        potential settlements as do the parties to the suit.''.

SEC. 202. REMOVING PUNITIVE DISINCENTIVES.

    Section 3(26) (as redesignated by section 102(a)(1) of this Act) is 
amended to read as follows:
            ``(26)(A) The term `take' means to harm, pursue, hunt, 
        shoot, wound, kill, trap, capture, or collect, or to attempt to 
        engage in that conduct.
            ``(B) In subparagraph (A), the term `harm' means to take a 
        direct action against any member of an endangered species of 
        fish or wildlife that actually injures or kills a member of the 
        species.''.

SEC. 203. ALLOWING NON-FEDERAL PERSONS TO USE THE CONSULTATION 
              PROCEDURES.

    Section 10(a) (16 U.S.C. 1539(a)), as amended by section 204(b) of 
this Act, is amended by adding at the end the following new paragraph:
            ``(3) Voluntary consultation.--(A) Subject to such 
        regulations as the Secretary may issue, any non-Federal person 
        may initiate consultation with the Secretary on any prospective 
        activity of the person--
                    ``(i) to determine if the activity is consistent or 
                inconsistent with a conservation plan or conservation 
                objective; or
                    ``(ii) if the person determines that the activity 
                is inconsistent, to determine whether the activity is 
                likely to jeopardize the continued existence of an 
                endangered species or a 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) The voluntary consultation process for non-Federal 
        persons authorized by subparagraph (A) shall be conducted in 
        accordance with the procedures and requirements for 
        consultation on agency actions set forth in section 7, except 
        that--
                    ``(i) the period for completion of the consultation 
                shall be 90 days from the date on which the 
                consultation is initiated, or not later than such other 
                date as is mutually agreeable to the Secretary and the 
                person initiating the consultation;
                    ``(ii) the person initiating the consultation shall 
                not be required to prepare a biological assessment or 
                equivalent document;
                    ``(iii) neither the activity for which the 
                consultation process is sought nor the consultation 
                process itself shall be deemed a Federal action for the 
                purpose of compliance with section 102(2) of the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4332(2)) or an agency action for the purpose of 
                compliance with the consultation requirement of section 
                7(a)(2);
                    ``(iv) the Secretary shall provide the person 
                initiating the consultation with a written opinion 
                only, unless such person requests a permit referred to 
                in paragraph (1)(B) and meets the requirements of 
                clause (v); and
                    ``(v) a permit described in clause (iv) shall be 
                issued if the Secretary makes a finding of--
                            ``(I) consistency pursuant to subparagraph 
                        (A)(i);
                            ``(II) no jeopardy pursuant to subparagraph 
                        (A)(ii); or
                            ``(III) jeopardy pursuant to subparagraph 
                        (A)(ii), but offers a reasonable and prudent 
                        alternative which the person initiating the 
                        consultation accepts.''.

SEC. 204. PERMITTING REQUIREMENTS FOR INCIDENTAL TAKES.

    (a) Incidental Take Permit Defined.--Section 3 (16 U.S.C. 1532) is 
amended by adding after paragraph (14) (as added by section 301(b)(3) 
of this Act) the following new paragraph:
            ``(15) The term `incidental take permit' means a permit 
        issued under section 10(a)(1)(B).''.
    (b) Take Permits.--Section 10 (16 U.S.C. 1539) is amended by 
striking so much as precedes subsection (b) and inserting the 
following:

``SEC. 10. EXCEPTIONS.

    ``(a) Permits.--
            ``(1) Authority to issue permits.--The Secretary may 
        permit, under such terms and conditions as the Secretary shall 
        prescribe--
                    ``(A) any act otherwise prohibited by section 9 
                undertaken for scientific purposes or to enhance the 
                propagation or survival of the affected species, 
                including, but not limited to--
                            ``(i) acts necessary for the establishment 
                        and maintenance of experimental populations 
                        pursuant to subsection (j);
                            ``(ii) the public display or exhibition of 
                        living wildlife in a manner designed to 
                        educate, or which otherwise contributes to the 
                        education of the public about the ecological 
                        role and conservation needs of the affected 
                        species;
                            ``(iii) in the case of foreign species, 
                        acts that are consistent with the Convention 
                        and with conservation strategies adopted by the 
                        foreign nations responsible for the 
                        conservation of the species; and
                            ``(iv) acts necessary for the research in 
                        and carrying out of captive propagation; or
                    ``(B) any taking otherwise prohibited by section 
                9(a)(1)(B) if such taking is incidental to, and not the 
                purpose of, the carrying out of an otherwise lawful 
                activity.
            ``(2) Species conservation plans.--(A) Except as provided 
        in paragraph (3), no permit may be issued by the Secretary 
        authorizing any taking referred to in paragraph (1)(B) unless 
        the applicant therefor submits to the Secretary a species 
        conservation plan that specifies--
                    ``(i) the impact on the species which will be the 
                likely result of the activities to be permitted;
                    ``(ii) what steps the applicant can reasonably and 
                economically take consistent with the purposes and 
                objectives of the activity to minimize such impacts, 
                and the funding that will be available to implement 
                such steps; and
                    ``(iii) what alternative actions to such taking the 
                applicant considered and the reasons why such 
                alternatives are not being utilized.
            ``(B) If the Secretary finds, after opportunity for public 
        comment, with respect to a permit application and the related 
        species conservation plan that--
                    ``(i) the taking will be incidental;
                    ``(ii) the applicant will, to the extent reasonable 
                and economically practicable, minimize the impacts of 
                such taking;
                    ``(iii) the applicant will ensure that adequate 
                funding for the plan will be provided;
                    ``(iv) the taking will not appreciably reduce the 
                likelihood of the survival and conservation of the 
                species; and
                    ``(v) the measures specified under subparagraph 
                (A)(ii) will be met;
        and the Secretary has received such other assurances as the 
        Secretary may require that the plan will be implemented, the 
        Secretary shall issue the permit. The permit shall contain such 
        reasonable and economically practicable terms and conditions 
        consistent with the purposes and objectives of the activity as 
        the Secretary deems necessary or appropriate to carry out the 
        purposes of this paragraph, including, but not limited to, such 
        reporting requirements as the Secretary deems necessary for 
        determining whether such terms and conditions are being 
        complied with.
            ``(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, an interest in land, 
        right to use or receive water, or a proprietary water right not 
        owned by the applicant or to address a species other than the 
        species for which the application is made.
            ``(D)(i) The Secretary shall complete the processing of, 
        and approve or deny, any application for a permit under 
        paragraph (1)(B) within 90 days of the date of submission of 
        the application or within such other period of time after such 
        date of submission to which the Secretary and the permit 
        applicant mutually agree.
            ``(ii) The preparation and approval of a species 
        conservation plan and issuance of a permit under paragraph 
        (1)(B) shall not be subject to section 102(2) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
            ``(E) No additional measures to minimize and mitigate 
        impacts on a species that is a subject of a permit issued under 
        paragraph (1)(B) shall be required of a permittee that is in 
        compliance with the permit. With respect to any species that is 
        a subject of such a permit, under no circumstance shall a 
        permittee in compliance with the permit be required to make any 
        additional payment for any purpose, or accept any additional 
        restriction on any parcel of land available for development or 
        land management or any water or water-related right under the 
        permit, without the consent of the permittee.
            ``(F)(i) 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 for a permit under this section that provides 
        evidence of appropriate interim measures that--
                    ``(I) will minimize impacts of any incidental 
                taking that may be associated with the activity 
                proposed for permitting; and
                    ``(II) are to be performed while the underlying 
                permit application is being considered under this 
                section.
            ``(ii) An interim permit issued under clause (i)--
                    ``(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 failure 
                to comply with any term of the interim permit.
            ``(G) The Secretary shall revoke a permit issued under this 
        paragraph if he finds that the permittee is not complying with 
        the terms and conditions of the permit.''.
    (c) Multi-Species Planning.--Section 10 (16 U.S.C. 1539) is amended 
by adding at the end the following new subsection:
    ``(k) Multiple Species Conservation Plans.--
            ``(1) Development.--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)(B); and
                    ``(B) any other species that--
                            ``(i) inhabit the area covered by the plan; 
                        and
                            ``(ii) are designated in the plan or are 
                        within a taxonomic group designated in the 
                        plan.
            ``(2) Issuance of permits.--The Secretary may issue a 
        permit under subsection (a)(1)(B) authorizing the take 
        described in section 9(a)(1)(B) of a species for which a 
        multiple species conservation plan is developed under this 
        subsection, if the Secretary, after providing opportunity for 
        public comment on the plan--
                    ``(A) determines that the plan specifies the 
                information described in subsection (a)(2)(A);
                    ``(B) makes the findings described in subsection 
                (a)(2)(B) with respect to the permit application and 
                the plan; and
                    ``(C) receives such assurances as the Secretary may 
                require that the plan will be implemented.
            ``(3) Effect of listing of species.--A multiple species 
        conservation plan developed under this subsection and a permit 
        issued with respect to the plan shall remain in effect and 
        shall not be required to be amended if a species to which the 
        plan and permit apply is determined to be an endangered species 
        or a threatened species under section 4.''.
    (d) Foreign Species.--Section 10(a), as amended by subsection (b) 
of this section and sections 203 and 205(a) of this Act, is amended by 
adding at the end the following new paragraph:
            ``(7) Foreign species.--(A) In determining whether to issue 
        a permit under subsection (a)(1)(A)(iii), there shall be a 
        rebuttable presumption that the survival of a species is 
        enhanced by the ordinary benefit occurring from the taking of a 
        specimen for an inherently limited use in accordance with the 
        laws and wildlife management policies of the nation in which it 
        is found.
            ``(B) The Secretary may not refuse to issue a permit for 
        such specimens and may not limit the number of such specimens 
        which may be imported unless he makes and publishes in the 
        Federal Register a finding that there is substantial evidence 
        that the detriment resulting from the taking of such specimens 
        outweighs the benefit derived, and subsequently promulgates 
        regulations containing the limitation.
            ``(C) The Secretary shall transmit the full text and a 
        complete description of the proposed regulation referred to in 
        the preceding paragraph directly to the appropriate wildlife 
        management authorities of the nations from which the specimens 
        are exported, in the language of those countries, with at least 
        180 days allowed for review and comment. The 180-day period 
        shall be counted from the date of the delivery of the materials 
        to the wildlife management authority of each of the nations.
            ``(D) For the purpose of this paragraph, the term 
        `inherently limited use' means scientific collection, live 
        export for captive breeding, sport hunting, and falconry.''.

SEC. 205. GENERAL, RESEARCH, AND EDUCATIONAL PERMITS.

    (a) In General.--Section 10(a) (16 U.S.C. 1539(a)), as amended by 
sections 203 and 204(b) of this Act, is amended by adding at the end 
the following new paragraphs:
            ``(4) General permits.--(A) After providing notice and 
        opportunity for public hearing, the Secretary may issue a 
        general permit under paragraph (1)(B) on a county, parish, 
        State, regional, or nationwide basis for any category of 
        activities that may affect a species determined to be an 
        endangered species or threatened species if the Secretary 
        determines that the activities in the category are similar in 
        nature, will cause only minimal adverse effects on the species 
        if performed separately, and will have only minimal cumulative 
        adverse effects on
         the species generally. A general permit issued under this 
paragraph shall specify the requirements and standards that apply to an 
activity authorized by the general permit.
            ``(B) A general permit issued under this paragraph shall be 
        effective for a period to be specified by the Secretary, but 
        not to exceed the 5-year period that begins on the date of 
        issuance of the permit.
            ``(C) The Secretary may revoke or modify a general permit 
        if, after providing notice and opportunity for 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 in a list published under section 
        4(c)(1) or that the activities are more appropriately 
        authorized by individual permits issued under paragraph (1) or 
        (3).
            ``(5) Research on alternative methods and technologies.--
        Priority for issuing permits under paragraph (1)(A) shall be 
        accorded to applications for permits to conduct research, 
        captive breeding, or education on alternative methods and 
        technologies, and the comparative costs of the methods and 
        technologies, to reduce the incidental taking as described in 
        paragraph (1)(B) of an endangered species or a threatened 
        species for which the employment of existing methods or 
        technologies for avoidance of the incidental taking entails 
        significant costs for non-Federal persons.
            ``(6) Educational or propagation permits.--(A) A permit 
        under paragraph (1)(A)(ii) or (iv) shall be issued if--
                    ``(i)(I) the applicant holds a current and valid 
                license as an exhibitor under the Animal Welfare Act (7 
                U.S.C. 2131 et seq.);
                    ``(II) in the case of a permit under paragraph 
                (1)(A)(ii), the applicant maintains a public display or 
                exhibition of living wildlife described in that 
                paragraph; and
                    ``(III) viewing of the public display or exhibition 
                is not limited or restricted other than by charging an 
                admission fee; or
                    ``(ii) in the case of a permit under paragraph 
                (1)(A)(iv), the applicant has demonstrated the ability 
                to use propagation techniques that result in increases 
                in the populations of species held in captivity for 
                eventual release into the wild, maintenance of live 
                specimens, or falconry purposes.
            ``(B)(i) The Secretary shall issue a permit within 30 days 
        from the effective date of this subparagraph to any qualified 
        organization or person who has demonstrated the ability to 
        handle or recover species for a minimum of 15 years or who has 
        at least 10 permits in the aggregate issued pursuant to this 
        Act or the other laws listed in subparagraph (H).
            ``(ii) The Secretary shall issue a permit within 90 days of 
        receipt of a completed application from any qualified 
        organization or person who currently does not hold any permit 
        but who has demonstrated the ability to handle or recover 
        species for a minimum of 15 years of who has received at least 
        10 permits in the aggregate and who has not violated any terms 
        or conditions of any permits previously issued pursuant to this 
        Act or the laws listed in subparagraph (H).
            ``(C) A permit referred to in paragraph (1)(A)(ii) shall be 
        for a term of not less than 6 years.
            ``(D) A permit referred to in paragraph (1)(A)(ii) shall 
        also authorize the permittee to import, export, sell, purchase, 
        or otherwise transfer possession of the affected species.
            ``(E) The Secretary shall revoke a permit referred to in 
        paragraph (1)(A)(ii) if the Secretary determines that the 
        permittee--
                    ``(i) no longer meets the requirements of 
                subparagraph (A) and is not reasonably likely to meet 
                the requirements in the near future;
                    ``(ii) is not complying with the terms and 
                conditions of the permit; or
                    ``(iii) is engaging in an activity likely to 
                jeopardize the continued existence of the species 
                subject to the permit.
            ``(F) The Secretary may require an annual report on the 
        activities authorized by a general permit, but may not require 
        reports more frequently than annually.
            ``(G) A permit authorized in this paragraph shall be the 
        only permit required for the activities authorized therein, and 
        may cover activities for one or more species or taxa 
        simultaneously.
            ``(H) The authorizations for any activities permitted under 
        this paragraph or permitted by the Bald Eagle Protection Act 
        (16 U.S.C. 668-668d), the Fish and Wildlife Conservation Act of 
        1980 (16 U.S.C. 2901-2911), the Lacey Act Amendments of 1981 
        (18 U.S.C. 42; 16 U.S.C. 3371-3378), the Marine Mammal 
        Protection Act of 1972 (16 U.S.C. 1361-1407), the Migratory 
        Bird Conservation Act (16 U.S.C. 715-715d), the Migratory Bird 
        Treaty Act (16 U.S.C. 703-712), or the Wild Bird Conservation 
        Act of 1992 (Public Law 102-440) shall be consolidated into a 
        general permit to cover all authorized activities, 
        notwithstanding any law or regulation to the contrary.''.
    (b) Exceptions for Wildlife Bred in Captivity.--Section 10, as 
amended by section 204(c) of this Act, is amended by adding at the end 
the following new subsection:
    ``(l) Wildlife Bred in Captivity.--For the purposes of this Act or 
any regulation adopted pursuant to this Act, the terms `bred in 
captivity' or `captive-bred', with respect to wildlife, means wildlife, 
including eggs, born or otherwise produced in captivity from parents 
that mated or otherwise transferred gametes in captivity if 
reproduction is sexual, or from parents that were in captivity when 
development of the progeny began, if development is asexual. Such 
progeny shall be considered domestic fish or wildlife for all purposes 
and shall not come under the provisions and prohibitions of this Act 
and the laws listed
 in subsection (a)(6)(H) unless intentionally and permanently released 
to the wild. Any person holding any fish or wildlife or their progeny 
as described in this subsection must be able to demonstrate that such 
fish or wildlife do, in fact, qualify under the provision of this 
subsection, and shall maintain and submit to the Secretary, on request, 
such inventories, documentation, and records as the Secretary may by 
regulation require as being reasonable and appropriate to carry out the 
purposes of this subsection. Such requirements shall not unnecessarily 
duplicate the requirements of other rules and regulations promulgated 
by the Secretary.''.

SEC. 206. MAINTENANCE OF AQUATIC HABITATS FOR LISTED SPECIES.

    The Endangered Species Act of 1973 (16 U.S.C. 1851 et seq.) is 
amended by adding at the end the following new section:

             ``recognizing net benefits to aquatic species

    ``Sec. 20. (a) Encouraging Net Benefits.--In carrying out this Act, 
if the number of individual members of an endangered species or 
threatened species exiting an aquatic habitat area under the control, 
authority or ownership of a non-Federal person is equal to or greater 
than the number of individual members of the species entering such 
area, the Secretary shall not require, provide for, or recommend the 
imposition of any restriction or obligation on the activity of the non-
Federal person in a manner which would require the non-Federal person 
to support the maintenance of any greater number of individual members 
of the species than that which enters such aquatic habitat area.
    ``(b) Consideration of Hatchery Populations.--In calculating the 
number of individual members of a species entering and exiting a 
specific aquatic habitat area pursuant to this section, the Secretary 
shall consider hatchery populations.
    ``(c) Limitations.--The Secretary shall not require, provide for, 
or recommend the imposition of any restriction or obligation on the 
activity of any non-Federal person in an aquatic habitat area to remedy 
adverse impacts on a species resulting from activities of individuals 
other than the non-Federal person.''.

SEC. 207. COMPLIANCE WITH INTERNATIONAL REQUIREMENTS AND TREATIES.

    (a) Respecting the Sovereignty of Other Nations.--Section 8 (16 
U.S.C. 1537) is amended by adding at the end the following new 
subsection:
    ``(e) Encouragement of Foreign Programs.--Any action taken by the 
Secretary pursuant to this Act in regard to a foreign species which 
occurs in a country which is a party to the Convention--
            ``(1) shall be done in cooperation with the wildlife 
        conservation authorities of such country; and
            ``(2) shall not obstruct any wildlife conservation program 
        of such country unless the Secretary can show, based on 
        adequate findings supported by substantial evidence, that the 
        country's wildlife conservation program for the species in 
        question is not consistent with the Convention.''.
    (b) Compliance With the Convention.--Section 8A (16 U.S.C. 1537a) 
is amended by adding at the end the following new subsections:
    ``(f) Nonduplication of Findings.--The Secretary, in making the 
findings required in paragraph 3(a) of Article III of the Convention, 
shall limit such findings to the purpose of the importation, and shall 
not duplicate the findings required to be made by the exporting nation 
except for good cause based on adequate findings supported by 
substantial evidence.
    ``(g) Relationship of Protective Regulations to the Convention.--In 
determining the provisions of protective regulations pursuant to 
section 4(d) of this Act when such regulations relate to a foreign 
species--
            ``(1) the Secretary may not prohibit any act that is 
        permissible under the Convention, notwithstanding Article XIV 
        of the Convention;
            ``(2) the Secretary shall, prior to publishing a proposal 
        for such protective regulations in the Federal Register, 
        transmit the full text and a complete description of the 
        proposed regulation directly to the appropriate wildlife 
        management authority of that country, in the language of that 
        country, with at least 180 days allowed for review and comment, 
        the 180 days shall be counted from the date of delivery of the 
        materials to the wildlife authorities of the country;
            ``(3) such transmission must be accompanied by--
                    ``(A) a plain-language explanation of the reasons 
                for and purpose of the proposed regulation;
                    ``(B) an analysis of the anticipated beneficial 
                impact or detrimental impact of the regulation on the 
                economic, social, and cultural utilization of the 
                species, if any, and of the beneficial or detrimental 
                impact on the resource management and conservation 
                programs of that country; and
                    ``(C) a summary of the literature reviewed and 
                experts consulted by the Secretary in regard to the 
                species involved, and a summary of the Secretary's 
                findings based on that review and consultation;
            ``(4) the Secretary shall enter into discussions with 
        appropriate wildlife management officials of the countries to 
        which he has sent the transmission referred to in the previous 
        paragraph, and if those officials feel that further studies of 
        the species are indicated the Secretary shall assist in finding 
        the funds for such studies and in carrying out the studies; and
            ``(5) the Secretary must obtain the written concurrence of 
        all the nations contacted, and if such concurrence is not 
        obtained the Secretary may not issue the proposed regulation 
        except by an order submitted to and approved by the 
        President.''.
    (c) Conservation of Threatened Species.--Section 9 (16 U.S.C. 
1538), as amended by section 206 of this Act, is amended by adding at 
the end the following new subsection:
    ``(i) Importation and Exportation.--
            ``(1) Limitation on importation.--The prohibition on 
        importation in subsection (a) of this section shall not apply 
        to a specimen of a threatened species taken for an inherently 
        limited use in accordance with the laws of a foreign nation and 
        accompanied by an export permit issued by that nation or an 
        equivalent document. For the purpose of this subsection, the 
        term `inherently limited use' means scientific collection, live 
        export for captive breeding, sport hunting, and falconry.
            ``(2) Regulations for shipping under convention.--(A) The 
        Secretary shall adopt regulations regarding the finding 
        required by the Convention that live specimens exported from 
        the United States will be so prepared as to minimize the risk 
        of injury, damage to health, or cruel treatment. Such 
        regulations shall provide clear, consistent and reliable 
        guidance to exporters.
            ``(B) In any instance in which the Secretary believes that 
        a shipment for export is not prepared in accordance with the 
        regulations, a detailed written notice of noncompliance shall 
        be issued to the exporter. The notice shall contain 
        recommendations as to how future shipments should be modified 
        in order to come into compliance with the regulations. The 
        notice shall go into effect 30 days after receipt by the 
        shipper, subject to appeal to an Administrative Law Judge or a 
        court. The filing of an appeal shall toll the effectiveness of 
        the notice. The issue of noncompliance may be appealed as well 
        as the issue of the appropriateness of the recommendation for 
        compliance.''.

SEC. 208. INCENTIVES FOR PROTECTION OF MARINE SPECIES.

    (a) In General.--Section 10 (16 U.S.C. 1539), as amended by section 
205(b) of this Act, is amended by adding at the end the following new 
subsection:
    ``(m) Incentives.--(1) The Secretary shall exempt, under such terms 
and conditions as the Secretary may prescribe by regulation, any 
operator of a trawl vessel required to use a turtle excluder device 
under regulations promulgated under this Act from such requirement if 
such operator agrees to support a conservation program approved under 
paragraph (2) and such support is determined to be appropriate under 
paragraph (4).
    ``(2) No later than 180 days after the effective date of this 
subsection and each year thereafter, the Secretary shall--
            ``(A) review all those programs intended to conserve the 
        endangered species and threatened species of sea turtles found 
        in the Gulf of Mexico and along the Atlantic seaboard, 
        including those programs involving protection of nesting 
        beaches in other nations;
            ``(B) approve any such program determined by the Secretary 
        to be of significant benefit to the recovery of the species of 
        such sea turtles under this subsection; and
            ``(C) publish notice of such determination in the Federal 
        Register.
    ``(3)(A) Any person or group of persons operating trawl vessels may 
submit in writing a request to the Secretary for an exemption under 
this subsection.
    ``(B) Not later than 60 days after receipt of such request the 
Secretary shall provide such person or group written notice of the 
issuance or denial of such request.
    ``(4) The Secretary shall determine that the support offered by an 
operator in a written request submitted under paragraph (3) is 
appropriate if the benefits provided by such support to the recovery of 
such species exceed any harm to the recovery of such species incurred 
as a result of the operator not using turtle excluder devices under an 
exemption provided under this subsection.
    ``(5) The Secretary shall prescribe such regulations as the 
Secretary considers necessary and appropriate to carry out the purposes 
of this subsection.''.
    (b) Incidental Take Statements.--Section 7(b) (16 U.S.C. 1536(b)) 
is amended by adding at the end of paragraph (4)(C)(ii) the following: 
``including incentives to encourage the support of conservation 
programs approved under section 10(k),''.

  TITLE III--IMPROVING SCIENTIFIC INTEGRITY OF LISTING DECISIONS AND 
                               PROCEDURES

SEC. 301. IMPROVING THE VALIDITY AND CREDIBILITY OF DECISIONS.

    (a) Basing Listings on Credible Science.--
            (1) Listing determinations.--Subsections (a) and (b) (1) 
        and (2) of section 4 (16 U.S.C. 1533) are amended to read as 
        follows:
    ``(a) Generally.--The Secretary shall by regulation promulgated in 
accordance with subsection (b) determine whether any species is an 
endangered species or a threatened species because of any of the 
following factors:
            ``(1) The present or threatened loss of its habitat.
            ``(2) Overutilization for commercial, recreational, 
        scientific, or educational purposes.
            ``(3) Disease or predation.
            ``(4) The inadequacy of existing Federal, State, and local 
        government regulatory mechanisms.
            ``(5) Other natural or manmade factors affecting its 
        continued existence.
    ``(b) Secretarial Determinations.--
            ``(1) Basis for determination.--(A) The Secretary shall 
        make determinations required by subsection (a)(1) solely on the 
        basis of the best scientific and commercial data available to 
        the Secretary after conducting a review of the status of the 
        species and after soliciting and fully considering the best 
        scientific and commercial data available concerning the status 
        of a species from any affected State or any interested non-
        Federal person, and taking into account those efforts being 
        made by any State, any political subdivision of a State, or any 
        non-Federal person or conservation organization, to protect 
        such species, whether by predator control, protection of 
        habitat and food supply, or other conservation practices, 
        within any area under its jurisdiction, or on the high seas, 
        and shall accord greater weight, consideration, and preference 
        to empirical data rather than projections or other 
        extrapolations developed through modeling.
            ``(B) In making a determination whether a species is an 
        endangered species or a threatened species under this section, 
        the Secretary shall fully consider populations of the species 
        that are bred through private sector, university, and Federal, 
        State, and local government breeding programs for release in 
        the habitat of the species. In the case of fish species, the 
        bred populations referred to in the preceding sentence shall 
        include hatchery populations.
            ``(2) Consideration of state recommendations.--In making a 
        determination pursuant to paragraph (1), the Secretary shall 
        give consideration to species which have been identified as in 
        danger of extinction, or likely to become so within the 
        foreseeable future, by any State agency that is responsible for 
        the conservation of fish or wildlife or plants.''.
            (2) Listing foreign species.--Section 4(b) (16 U.S.C. 
        1533(b)), as amended by subsection (f) of this section, is 
        amended by adding at the end the following new paragraph:
            ``(10) Foreign species.--(A) In determining under 
        subsection (a) whether a foreign species is an endangered 
        species or a threatened species, the Secretary shall not 
        determine that a species that is listed under the Convention is 
        endangered or threatened unless he makes an adequate finding, 
        supported by substantial evidence, that the Convention does not 
        provide adequate regulation.
            ``(B) The Secretary shall, prior to publishing a proposal 
        in the Federal Register to determine that
         a foreign species is endangered or threatened, transmit the 
full text and a complete description of the proposed listing directly 
to the appropriate wildlife management authority of that nation, in the 
language of that nation, with at least 180 days allowed for review and 
comment. The 180 days shall be counted from the date of delivery of the 
materials supporting the proposed listing to the wildlife authorities 
of the country.
            ``(C) Such transmission must be accompanied by--
                    ``(i) a plain-language explanation of the objective 
                criteria for and purpose of the proposed listing;
                    ``(ii) an analysis of the anticipated beneficial 
                impact or detrimental impact of the listing on the 
                economic, social, and cultural utilization of the 
                species, if any, and of the beneficial or detrimental 
                impact on the resource management and conservation 
                programs of that nation; and
                    ``(iii) a summary of the literature reviewed and 
                experts consulted by the Secretary in regard to the 
                species involved, and a summary of the Secretary's 
                findings based on that review and consultation.
            ``(D) The Secretary shall enter into discussions with the 
        appropriate wildlife management officials of the nations to 
        which he has sent the transmission referred to in subparagraph 
        (C). If those officials feel that further studies of the 
        species are indicated, the Secretary shall assist in finding 
        the funds for such studies and in carrying out the studies.
            ``(E) The Secretary must obtain the written concurrence of 
        all the nations contacted. If such concurrence is not obtained, 
        the Secretary may not issue the proposed regulation except by 
        an order submitted to and approved by the President.''.
    (b) Definitions.--Section 3 (16 U.S.C. 1532) is amended--
            (1) by adding after paragraph (1) the following new 
        paragraph:
            ``(2) The term `best scientific and commercial data 
        available' means factual information, including but not limited 
        to peer reviewed scientific information obtainable from any 
        source, including governmental and nongovernmental sources, 
        which has been to the maximum extent feasible verified by field 
        testing.'';
            (2) by adding after paragraph (7) (as redesignated by 
        section 102(a)(1) of this Act) the following new paragraphs:
            ``(8) The term `distinct population of national interest' 
        means a distinct population of a vertebrate species that is not 
        otherwise an endangered species or threatened species in the 
        United States, Canada, or Mexico, but which because of its 
        value to the Nation as a whole has been designated by Congress 
        as needing protection under this Act.
            ``(8a) The term `foreign species' means a species naturally 
        occurring outside the territory of the United States, but does 
        not include any marine species, any species having a 
        significant population occurring in the wild within the United 
        States, or any migratory species whose migration route includes 
        United States territory.'';
            (3) by adding after paragraph (13) (as redesignated by 
        section 102(a)(1) of this Act) the following new paragraph:
            ``(14) The term `imminent threat to the existence of', with 
        respect to a species, means, as determined by the Secretary 
        under section 4(b)(7) or the President under section 5(e)(2) 
        solely on the basis of the best scientific and commercial data 
        available, that there is a significant likelihood that the 
        species will become extinct, or will be placed on an 
        irreversible course to extinction, during the 2-year period 
        beginning on the date of the determination that the species is 
        an endangered species or a threatened species, unless the 
        species is accorded fully the protection available under this 
        Act during such period.'';
            (4) by amending paragraph (22) (as redesignated by section 
        102(a)(1) of this Act) to read as follows:
            ``(22) The term `Secretary' means, except as otherwise 
        herein provided, the Secretary of the Interior, except that 
        with respect to the enforcement of the provisions of this Act 
        and the Convention which pertain to the importation or 
        exportation of terrestrial plants, the term also means the 
        Secretary of Agriculture.''; and
            (5) by amending paragraph (23) (as redesignated by section 
        102(a)(1) of this Act) to read as follows:
            ``(23) The term `species' includes any subspecies of fish 
        or wildlife or plants, and any distinct population of national 
        interest of any species or vertebrate fish or wildlife which 
        interbreeds when mature.''.
    (c) Soliciting Scientific Information.--Section 4(b)(3) (16 U.S.C. 
1533(b)(3)), as amended by sections 303(a), 304(a), 305(a), and 306 of 
this Act, is amended by adding at the end the following new 
subparagraph:
            ``(F) Before any further action is taken in accordance with 
        this paragraph, the Secretary shall publish in the Federal 
        Register a solicitation for further information regarding the 
        status of a species which is the subject of a proposed rule to 
        list the species as an endangered species or threatened 
        species, including current population, populations trends, 
        current habitat, Federal conservation lands which could provide 
        habitat for the species, food sources, predators, breeding 
        habits, captive breeding efforts, commercial, nonprofit, 
        avocational, or voluntary conservation activities, or other 
        pertinent information which may assist in making a 
        determination under this section. The solicitation shall give a 
        time limit within which to submit the information which shall 
        be not less than 180 days. The time limit shall be extended for 
        an additional 180 days at the request of any person who submits 
        a request for such extension along with the reasons therefor. 
        The Secretary in making the determination required in this 
        subsection, shall give equal weight to the information 
        submitted in accordance with this paragraph.''.
    (d) Emergency Listings.--Section 4(b)(7) (16 U.S.C. 1533(b)(7)) is 
amended--
            (1) by striking the matter preceding subparagraph (A) and 
        inserting the following:
            ``(7) Emergency regulations.--Neither paragraph (4), (5), 
        or (6) of this subsection nor section 553 of title 5, United 
        States Code, shall apply to any regulation issued by the 
        Secretary in regard to any emergency posing an imminent threat 
        to the existence of any species of fish or wildlife or plants, 
        but only if--''; and
            (2) by adding at the end the following new sentence: ``The 
        Secretary may not delegate the final decision to issue an 
        emergency regulation under this paragraph.''.
    (e) Using Best Data.--Section 4(b)(8) (16 U.S.C. 1533(b)(8)) is 
amended by striking ``the data'' and inserting ``the best scientific 
and commercial data''.
    (f) Identifying Data Used for Decisions.--Section 4(b) (16 U.S.C. 
1533(b)) is amended by adding at the end the following new paragraph:
            ``(9) Publication in federal register.--(A) The Secretary 
        shall identify and publish in the Federal Register with each 
        proposed rule under paragraph (1) or section 5(i) a description 
        of--
                    ``(i) all data that are to be considered in making 
                the determination under the subsection to which the 
                proposed rule relates and that have yet to be collected 
                or field verified;
                    ``(ii) data that are necessary to make 
                determinations and that can be collected prior to any 
                determination; and
                    ``(iii) data that are necessary to ensure the 
                scientific validity of the determination, and each 
                deadline for collecting these data.
            ``(B) In making a determination pursuant to paragraph (1) 
        or section 5(i), the Secretary shall collect and consider the 
        data identified and described pursuant to subparagraph (A)(ii).
            ``(C) The Secretary shall identify and publish in the 
        Federal Register with each final rule promulgated under 
        paragraph (1) or section 5(i)--
                    ``(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 validity of the determination; and
                    ``(ii) each deadline by which the Secretary shall 
                collect and consider the data in accordance with 
                subparagraph (D).
            ``(D) Not later than the deadline published by the 
        Secretary pursuant to subparagraph (C)(ii), the Secretary 
        shall--
                    ``(i) collect the data referred to in each 
                paragraph;
                    ``(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 that consideration and a description of and schedule 
                for any actions warranted by the data.''.
    (g) Judicial Review.--Section 4 (16 U.S.C. 1533), as amended by 
section 302 of this Act, is amended by adding at the end the following 
new subsection:
    ``(j) Judicial Review of Determinations.--Any determination with 
regard to whether a species is a threatened species or endangered 
species shall be subject to a de novo judicial review with the court 
determining whether the decision is supported by a preponderance of the 
evidence.''.
SEC. 302. PEER REVIEW.

    Section 4 (16 U.S.C. 1533) is amended by adding after subsection 
(h), as redesignated by section 507(b)(2) of this Act, the following 
new subsection:
    ``(i) Peer Review Requirement.--
            ``(1) Definitions.--In this subsection:
                    ``(A) The term `action' means--
                            ``(i) the determination that a species is 
                        an endangered species or a threatened species 
                        under subsection (a);
                            ``(ii) the determination under subsection 
                        (a) that an endangered species or a threatened 
                        species be removed from any list published 
                        under subsection (c)(1);
                            ``(iii) the designation, or revision of the 
                        designation, of critical habitat for an 
                        endangered species or a threatened species 
                        under section 5(i); and
                            ``(iv) the determination that a proposed 
                        action is likely to jeopardize the continued 
                        existence of a listed species and the proposal 
                        of any reasonable and prudent alternatives by 
                        the Secretary under section 7(b)(3).
                    ``(B) The term `qualified individual' means an 
                individual with expertise in the biological sciences--
                            ``(i) who is by virtue of advanced 
                        education, training, or avocational, academic, 
                        commercial, research, or other experience 
                        competent to review the adequacy of any 
                        scientific methodology supporting the action, 
                        the validity of any conclusions drawn from the 
                        supporting data, and the competency of the 
                        individual who conducted the research or 
                        prepared the data;
                            ``(ii) who is not otherwise employed by or 
                        under contract to the Secretary of the 
                        Interior; and
                            ``(iii) who has not participated in the 
                        listing decision.
            ``(2) List of peer reviewers.--In order to provide a 
        substantial list of individuals who on a voluntary basis are 
        available to participate in peer review actions, the Secretary 
        shall, through the Federal Register, through scientific and 
        commercial journals, and through the National Academy of 
        Sciences and other such institutions, seek nominations of 
        persons who agree to peer review action upon appointment by the 
        Secretary.
            ``(3) Appointment of peer reviewers.--Before any action 
        shall become final, the Secretary shall appoint, from among the 
        list prepared in accordance with paragraph (2), not more than 2 
        qualified individuals who shall review, and report to the 
        Secretary on, the scientific information and analyses on which 
        the proposed action is based. The Governor of each State in 
        which the species is located that is the subject of the 
        proposal, may appoint up to 2 qualified individuals to conduct 
        peer review of the action. If any individual declines the 
        appointment, the Secretary or the Governor shall appoint 
        another individual to conduct the peer review.
            ``(4) Data provided to peer reviewer.--The Secretary shall 
        make available to each person conducting peer review all 
        scientific information available regarding the species which is 
        the subject of the peer review. The Secretary shall not 
        indicate to a peer reviewer the name of any person that 
        submitted a petition for listing or delisting that is reviewed 
        by the reviewer.
            ``(5) Opinion of peer reviewers.--The peer reviewer shall 
        give his or her opinion with regard to any technical or 
        scientific deficiencies in the proposal, whether the 
        methodology and analysis supporting the petition conform to the 
        standards of the academic and scientific community, and whether 
        the proposal is supported by sufficient credible evidence.
            ``(6) Publication of peer review report.--The Secretary 
        shall publish with any final regulation implementing an action 
        a summary of the report of the peer review panel noting points 
        of disagreement between peer reviewers, if any, and the 
        response of the Secretary to the report.''.

SEC. 303. MAKING DATA PUBLIC.

    (a) Public Data.--Section 4(b)(3) (16 U.S.C. 1533(b)(3)), as 
amended by sections 304(a), 305(a), and 306 of this Act, is amended by 
adding at the end the following new subparagraph:
            ``(E)(i) All data or information considered by the 
        Secretary in making the determination to list as provided in 
        this section, shall be considered public information and shall 
        be subject to section 552 of title 5, United States Code 
        (commonly referred to as the `Freedom of Information Act') 
        unless the Secretary, for good cause, determines that the 
        information must be kept confidential. The burden shall be on 
        the Secretary to prove that such information shall be 
        confidential and such decision shall be reviewable by a 
        district court of competent jurisdiction, which shall review 
        the decision in chambers. Good cause can include that the 
        information is of a proprietary nature or that release of the 
        location of the species may endanger the species further.
            ``(ii) The Secretary shall minimize releasing the 
        identification of particular private property as habitat for a 
        species which is determined to be an endangered species or 
        threatened species or proposed to be determined to be an 
        endangered species or threatened species, unless the Secretary 
        first notifies the owner thereof and receives his or her 
        consent, or the information is otherwise public information.''.
    (b) Public Hearings.--Section 4(b) (16 U.S.C. 1533(b)) is amended--
            (1) in paragraph (5) (as amended by section 305(b) of this 
        Act) by adding at the end the following new subparagraph:
            ``(E) promptly hold at least 1 hearing in each State in 
        which the species proposed for determination as an endangered 
        species or a threatened species is believed to occur, and in a 
        location that is as close as possible to the center of the 
        habitat of such species in such State.''; and
            (2) in paragraph (6) by amending all that precedes 
        subparagraph (B) to read as follows:
            ``(6) Publication of determination.--(A) Within the one-
        year period beginning on the date on which general notice is 
        published in accordance with paragraph (5)(A)(i) regarding a 
        proposed regulation, the Secretary shall publish in the Federal 
        Register, if a determination as to whether a species is an 
        endangered species or a threatened species is involved, 
        either--
                    ``(i) a final regulation to implement such 
                determination,
                    ``(ii) a final regulation to implement such 
                revision or a finding that such revision should not be 
                made,
                    ``(iii) notice that such one-year period is being 
                extended under subparagraph (B)(i), or
                    ``(iv) notice that the proposed regulation is being 
                withdrawn under subparagraph (B)(ii), together with the 
                finding on which such withdrawal is based.''.
    (c) Notice of Hearings.--Section 14 is amended to read as follows:

``SEC. 14. NOTICE OF HEARINGS.

    ``Except as otherwise provided by this Act, the Secretary shall 
provide notice of any hearing or other public meeting at which public 
comment is accepted under this Act by publication in the Federal 
Register and in a newspaper of general circulation in the location of 
the hearing or meeting at least 30 days prior to the hearing or 
meeting.''.

SEC. 304. IMPROVING THE PETITION AND DESIGNATION PROCESSES.

    (a) Petitions To List.--Section 4(b)(3) (16 U.S.C. 1533(b)(3)) is 
amended to read as follows:
            ``(3) Petitions.--(A) A petition submitted to the Secretary 
        asserting that a species is a threatened species or endangered 
        species and requesting that the Secretary make a determination 
        to that effect shall contain at a minimum the following:
                    ``(i) Information on the current population and 
                range of the species.
                    ``(ii) Any information on efforts to field test the 
                population estimates on the species.
                    ``(iii) If literature from scientific or other 
                journals, dissertations or other such scientific 
                writings of another person are submitted, they must be 
                accompanied by an affidavit that the literature or 
                writings have been peer reviewed along with the names 
                of the persons performing the peer review.
                    ``(iv) The qualifications of any person asserting 
                expertise on the species or status of the species.
                    ``(v) Information about the demonstrated habitat 
                needs of the species, along with the known occupied 
                habitat of the species.
                    ``(vi) Known causes of the species decline.
            ``(B) Petitions to add a species to, or to remove a species 
        from, either of the lists published under subsection (c)(1) 
        shall be submitted in accordance with section 553(e) of title 
        5, United States Code. The Secretary may commence a review of 
        the status of the species concerned consistent with the 
        priorities set by the Secretary for the listing of species. The 
        Secretary shall promptly publish any finding made under this 
        subparagraph in the Federal Register.''.
    (b) Conforming Amendments.--Section 4(g), as redesignated by 
section 507(b)(2), is amended--
            (1) by striking paragraph (2); and
            (2) by redesignating paragraphs (3) and (4) in order as 
        paragraphs (2) and (3).

SEC. 305. GREATER STATE INVOLVEMENT.

    (a) State Consultation on Petitions.--Section 4(b)(3) (16 U.S.C. 
1533(b)(3)), as amended by section 304(a) of this Act, is amended by 
adding after subparagraph (B) the following subparagraph:
            ``(C) At the time the review provided in subparagraph (B) 
        is commenced--
                    ``(i) the Secretary shall contact the Governor of 
                each State in which the proposed species is located and 
                shall solicit from the Governor information about the 
                action requested in the petition in that State 
                necessary to render a decision and shall solicit the 
                advice of the Governor on whether the status of species 
                merits the action petitioned for, and if the Governor 
                advises that the petition action is not warranted and 
                thereafter the Secretary proceeds with the action, the 
                Secretary shall have the burden of showing that the 
                information submitted by the Governor is incorrect and 
                that the action is warranted; and
                    ``(ii) the Secretary shall, to the maximum extent 
                feasible, require by field testing, the verification of 
                the information presented regarding the status of the 
                species.''.
    (b) Regulations To Implement Determinations.--Section 4(b)(5) (16 
U.S.C. 1533(b)(5)) is amended to read as follows:
            ``(5) Notice required.--With respect to any regulation 
        proposed by the Secretary to implement a determination referred 
        to in subsection (a)(1) of this section, the Secretary shall--
                    ``(A) not less than 90 days before the effective 
                date of the regulation--
                            ``(i) publish a general notice and the 
                        complete text of the proposed regulation in the 
                        Federal Register, and
                            ``(ii) give actual notice of the proposed 
                        regulation (including the complete text of the 
                        regulation) to the Governor of each State in 
                        which the species is believed to occur, and to 
                        each county, or equivalent jurisdiction in 
                        which the species is believed to occur, and 
                        consult with such agency, and each such 
                        jurisdiction, thereon;
                    ``(B) in cooperation with the Secretary of State, 
                give notice of the proposed regulation to each foreign 
                nation in which the species is believed to occur or 
                whose citizens harvest the species on the high seas, 
                and consult with such nation thereon;
                    ``(C) give notice of the proposed regulation to any 
                person who requests such notice, any person who has 
                submitted additional data, each State and local 
                government within which the species is believed to 
                occur or which is likely to experience any effects of 
                any measures to protect the species under this Act, and 
                such professional scientific organizations as the 
                Secretary deems appropriate; and
                    ``(D) publish a summary of the proposed regulation 
                in a newspaper of general circulation in each area of 
                the United States in which the species is believed to 
                occur.''.
    (c) State Consultation on Final Determination.--Section 4(h), as 
redesignated by section 507(b)(2) of this Act, is amended to read as 
follows:
    ``(h) Submission to State Agency of Justification for Regulations 
Inconsistent With State Agency's Comments or Petition.--If, in the case 
of any regulation proposed by the Secretary under the authority of this 
section, a State agency which consulted with the Secretary in 
accordance with subsection (b)(5)(A)(ii) of this section files comments 
disagreeing with all or part of the proposed regulation, the Secretary 
shall not issue a final regulation which is in conflict with such 
comments until the Secretary further consults with the President, or if 
the Secretary fails to adopt a regulation pursuant to an action 
petitioned by a State agency under subsection (b)(3) of this section, 
the Secretary shall submit to the State agency a written justification 
for the failure of the Secretary to adopt regulations consistent with 
the agency's comments or petition.''.
SEC. 306. MONITORING THE STATUS OF SPECIES.

    Section 4(b)(3) (16 U.S.C. 1533(b)(3)), as amended by sections 
304(a) and 305(a) of this Act, is amended by adding after subparagraph 
(C) the following subparagraph:
            ``(D) The Secretary shall implement a system to monitor 
        effectively the status of all species with respect to which a 
        finding is made that the petitioned action is warranted but 
        precluded by proposals to determine whether any species is an 
        endangered species or a threatened species and progress is 
        being made to add qualified species to the list published under 
        subsection (c) and to remove from lists published under that 
        subsection species for which protection of this Act is no 
        longer necessary, and shall make prompt use of the authority 
        under paragraph (7) to prevent a significant risk to the well 
        being of any such species.''.
SEC. 307. PETITIONS TO DELIST SPECIES.

    Section 4(b)(3) (16 U.S.C. 1533(b)(3)), as amended by sections 
301(a) and (c), 303(a), 304(a), 305(a), and 306 of this Act, is further 
amended by adding at the end the following new subparagraphs:
            ``(G) Any person may submit to the Secretary a petition to 
        revise a previous determination by the Secretary under this Act 
        that a species is an endangered species or threatened species 
        and to remove the species from a list published under 
        subsection (c), on the basis that--
                    ``(i) new data or a reinterpretation of prior data 
                indicates that the previous determination was in error;
                    ``(ii) the species is extinct; or
                    ``(iii) the population level target established for 
                the species in a conservation plan under section 
                5(c)(3)(C)(vii) has been achieved.
            ``(H) Not later than 90 days after receiving a petition 
        under subparagraph (D) for a species, the Secretary shall 
        publish--
                    ``(i) a proposed regulation to revise a previous 
                determination for the species and to
                 remove the species from a list published under 
subsection (c) on a basis set forth in subparagraph (G); or
                    ``(ii) a finding that such a basis for the action 
                requested by the petition does not exist.''.

     TITLE IV--RECOGNIZING OTHER FEDERAL ACTION, LAWS, AND MISSIONS

SEC. 401. BALANCE ESA WITH OTHER LAWS AND MISSIONS.

    (a) Federal Agency Actions.--Section 7 (16 U.S.C. 1536) is amended 
by amending the matter preceding subsection (b) to read as follows:

``SEC. 7. INTERAGENCY COOPERATION.

    ``(a) Federal Agency Actions and Consultations.--
            ``(1) Programs administered by the secretary of the 
        interior.--The Secretary shall review other programs 
        administered by the Secretary and utilize such programs in 
        furtherance of the purposes of this Act. Except as provided in 
        section 5(d), (e), and (i), all other Federal agencies shall, 
        consistent with their primary missions and in consultation with 
        and with the assistance of the Secretary, utilize their 
        authorities in furtherance of the purposes of this Act by 
        carrying out programs for the conservation of endangered 
        species and threatened species listed pursuant to section 4.
            ``(2) Programs administered by other agencies.--Except as 
        provided in section 5(d) and (e), each Federal agency shall 
        ensure that any action authorized, funded, or carried out by 
        such agency (hereinafter in this section referred to as an 
        `agency action') is not likely to jeopardize the continued 
        existence of any endangered species or threatened species or 
        destroy or adversely modify any habitat that is designated by 
        the Secretary as critical habitat of the species in a manner 
        that is likely to jeopardize the continued existence of the 
        species. In the case of any agency action that the agency has 
        determined is subject to this paragraph and that is likely to 
        significantly and adversely affect an endangered species or a 
        threatened species, the Federal agency shall fulfill the 
        requirements of this paragraph in consultation with and with 
        the assistance of the Secretary. As provided in section 
        5(d)(2), each Federal agency may initiate consultation with the 
        Secretary to receive guidance from the Secretary on the 
        consistency of its action with the conservation objective or 
        conservation plan for such species developed pursuant to 
        section 5, with an incidental take permit for such species 
        issued pursuant to section 10(a), or with a cooperative 
        management agreement concerning such species executed pursuant 
        to section 6(b). In fulfilling the requirements of this 
        paragraph each agency shall use the best available scientific 
        and commercial data, shall consider expert opinion and any 
        reasonable and prudent alternatives developed under subsection 
        (b)(3)(A), and shall render the decision of the agency in a 
        manner consistent with the obligations and responsibilities of 
        the agency under each applicable law and treaty.
            ``(3) Involvement of applicants for federal approvals.--
        Subject to such guidelines as the Secretary may establish, a 
        Federal agency shall consult with the Secretary on any 
        prospective agency action at the request of, with the 
        involvement of, and in cooperation with, the prospective permit 
        or license applicant if the applicant has reason to believe 
        that an endangered species or a threatened species may be 
        present in the area affected by his project, that the project 
        is inconsistent with the conservation objective or plan for 
        such species developed pursuant to section 5, an incidental 
        take permit for such species issued pursuant to section 10(a), 
        or a cooperative management agreement for such species executed 
        pursuant to section 6(b), and that implementation of such 
        action will likely affect such species.
            ``(4) Conferring on candidate species.--Each Federal agency 
        shall confer with the Secretary on any agency action which is 
        likely to jeopardize the continued existence of any species 
        proposed to be listed under section 4 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. This paragraph does not require a limitation on 
        the commitment of resources as described in subsection (d).
            ``(5) Limitations on modifications to land management.--
        Notwithstanding any other provision of this Act, the authority 
        in this Act shall not be construed to authorize or form the 
        basis for any Federal agency to modify a land management plan, 
        policy, standard, or guideline or water allocation plan unless 
        a determination has been made under section 4 that a species is 
        threatened or endangered. Notwithstanding any other law or 
        regulation, management plans, practices, policies, projects, or 
        guidelines, including management plans which, as of October 1, 
        1995, are subject to modification pending completion of a final 
        environmental impact statement, shall not be amended for the 
        purpose of maintaining viable populations of native and desired 
        non-native species unless it is determined under this Act that 
        current practices are likely to jeopardize the continued 
        existence of the species.''.
    (b) Resolving Conflicts Between Federal Agencies.--Section 7(a), as 
amended by subsection (a) of this section and section 402 of this Act, 
is amended by adding at the end the following new paragraphs:
            ``(8) Relationship to duties under other laws.--(A) The 
        responsibilities of a Federal agency under this section shall 
        not supersede and shall be implemented in a manner consistent 
        with duties assigned to the Federal agency by any other laws or 
        by any treaties.
            ``(B)(i) If a Federal agency determines that the 
        responsibilities and duties described in subparagraph (A) are 
        in irreconcilable conflict, the action agency shall request the 
        President to resolve the conflict.
            ``(ii) In determining a resolution to such a conflict, the 
        President shall consider and choose the course of action that 
        best meets the public interest and, to the extent possible, 
        balances pursuit of the
         conservation objective or the purposes of the conservation 
plan with economic and social needs and pursuit of the purposes of the 
other laws or treaties. The authority assigned to the President by this 
subparagraph may not be delegated to a member of the executive branch 
who has not been confirmed by the Senate.
            ``(9) Modification of projects and facilities.--Any 
        consultation and conferencing required under paragraphs (2) and 
        (4) for an agency action that consists solely of a modification 
        of a Federal, State, local government, or private project or 
        facility shall be limited to the consideration of the effects 
        that result from the modification that comprises the agency 
        action.''.
    (c) Procedures for Consultation.--Section 7(b) (16 U.S.C. 1536(b)) 
is amended by striking so much as precedes paragraph (3)(B) and 
inserting the following:
    ``(b) Opinion of Secretary.--
            ``(1) Periods within which consultation must be 
        completed.--(A) Consultation under subsection (a)(2) with 
        respect to any agency action shall be concluded within the 90-
        day period beginning on the date on which initiated by the 
        Federal agency. The period may be extended by not more than 45 
        days by the Secretary or head of the Federal agency by 
        publication of notice in the Federal Register that sets forth 
        the reasons for the extension. Consultation on an agency action 
        involving a permit or license applicant shall be concluded not 
        later than the earlier of--
                    ``(i) 1 year after the date of submission of the 
                application to the Federal agency; or
                    ``(ii) the end of the period established under 
                subparagraph (B).
            ``(B) Subject to subparagraph (A), in the case of an agency 
        action involving a permit or license applicant, the Secretary 
        and the Federal agency may not mutually agree to conclude 
        consultation within a period exceeding 90 days unless the 
        Secretary, before the close of the 90th day referred to in 
        subparagraph (A)--
                    ``(i) if the consultation period proposed to be 
                agreed to will end before the 150th day after the date 
                on which consultation was initiated, submits to the 
                applicant a written statement setting forth--
                            ``(I) the reasons why a longer period is 
                        required,
                            ``(II) the information that is required to 
                        complete the consultation, and
                            ``(III) the estimated date on which 
                        consultation will be completed; or
                    ``(ii) if the consultation period proposed to be 
                agreed to will end on or after the 150th day but before 
                the 210th day after the date on which consultation was 
                initiated, obtains the consent of the applicant to such 
                period.
            ``(C) If consultation is not concluded and the written 
        statement of the Secretary required under paragraph (3)(A) is 
        not provided to the Federal agency by the applicable deadline 
        established under this paragraph, the requirements of 
        subsection (a)(2) shall be deemed met and the Federal agency 
        may proceed with the agency action.
            ``(D) A permit or license applicant shall be entitled to 
        participate fully in any consultation or conferencing under 
        this section with respect to any agency action required for the 
        granting of an authorization or provision of funding to the 
        applicant.
            ``(2) Procedure for applicant consultation.--Consultation 
        under subsection (a)(3) shall be concluded within such period 
        as is agreeable to the Secretary, the Federal agency, and the 
        applicant concerned.
            ``(3) Written opinion of secretary.--(A)(i) Promptly after 
        conclusion of consultation under paragraph (2) or (3) of 
        subsection (a), the Secretary shall provide to the Federal 
        agency and the applicant, if any, a written statement setting 
        forth the Secretary's opinion, and a summary of the information 
        on which the opinion is based, detailing whether the agency 
        action is consistent with the conservation objective or plan 
        developed pursuant to section 5, an incidental taking permit 
        issued pursuant to section 10(a), or a cooperative management 
        agreement executed pursuant to section 6(b). If the Secretary 
        determines that the action is likely to jeopardize the 
        continued existence of the species as described in subsection 
        (a), the Secretary shall suggest reasonable and prudent 
        alternatives (considering any reasonable and prudent 
        alternatives undertaken by other Federal agencies) that are 
        consistent with subsection (a)(2) and that impose the least 
        social and economic costs.
            ``(ii) Unless required by law other than subsections (a) 
        through (d), the Secretary, in any opinion or statement 
        concerning an agency action made
         under 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 prevents the Secretary from pursuing any 
appropriate remedy under section 11 for any activity prohibited by 
section 4(d) or 9.
            ``(iii) The Secretary shall not require a reasonable and 
        prudent alternative that may or will result in a significant 
        adverse impact upon waterfowl populations, waterfowl habitat 
        management, or waterfowl hunting opportunities in a significant 
        waterfowl breeding, staging, or wintering habitat area. In this 
        clause, the term `significant adverse impact' means any 
        actions, proposed or in effect, which individually or 
        cumulatively are likely to reduce the carrying capacity of 
        habitat for waterfowl by 10 percent or more of its current 
        capability, as determined on a local, regional, statewide or 
        national basis. In this clause, the term `significant waterfowl 
        breeding, staging, or wintering habitat areas' means those 
        private or public lands managed primarily for, or providing, 
        waterfowl breeding, staging or wintering habitat including 
        seasonal/permanent marsh lands or land under rice cultivation 
        for three out of the past five years.
            ``(iv) Notwithstanding any other provision of law, if the 
        Secretary renders an opinion or suggests any reasonable and 
        prudent alternative which has general application to a group of 
        individuals conducting a commercial operation, the Secretary 
        may not promulgate an emergency rule without providing at least 
        30 days for public comment on the emergency rule.
    (d) Activities Prior to Completion of Consultation.--Section 7(d) 
(16 U.S.C. 1536(d)) is amended to read as follows:
    ``(d) Limitation on Commitment of Resources.--
            ``(1) In general.--Except as provided in paragraph (2), 
        after initiation of consultation required under subsection 
        (a)(2), the Federal agency and the permit or license applicant 
        shall not make any irreversible or irretrievable commitment of 
        resources with respect to the agency action which has the 
        effect of foreclosing the formulation or implementation of any 
        reasonable and prudent alternative measures which would not 
        violate subsection (a)(2).
            ``(2) Relationship to land management planning 
        requirements.--If the listing of a species, or other procedure 
        or decision related to a species listed under section 4(c)(1), 
        requires consultation under subsection (a)(2) on a land use 
        plan or land or resource management plan (or an amendment to or 
        revision of the plan) prepared under section 202 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1712) or 
        section 6 of the Forest and Rangeland Renewable Resources 
        Planning Act of 1974 (16 U.S.C. 1604), the land management 
        agency implementing the plan may authorize, fund, or carry out 
        an agency action that is consistent with the plan prior to the 
        completion of the consultation, if, under the procedures 
        established by this section, the head of the land management 
        agency responsible for the action determines or has determined 
        that the action--
                    ``(A) is not likely to significantly and adversely 
                affect the species; or
                    ``(B) is likely to significantly and adversely 
                affect the species, and the Secretary issues an opinion 
                on the action that finds that the action--
                            ``(i) is not likely to jeopardize the 
                        continued existence of the species; or
                            ``(ii) is likely to jeopardize the 
                        continued existence of the species, and the 
                        agency agrees to a reasonable and prudent 
                        alternative.''.
    (e) Definitions.--Section 3 (16 U.S.C. 1532) is amended--
            (1) by adding after paragraph (15) (as added by section 
        204(a) of this Act) the following new paragraph:
            ``(16) The term `likely to jeopardize the continued 
        existence of', with respect to an action or activity affecting 
        an endangered species or a threatened species, means an action 
        or activity that significantly diminishes the likelihood of the 
        survival of the species by significantly reducing the numbers 
        or distribution of the entire species.'';
            (2) by amending paragraph (18) (as redesignated by section 
        102(a)(1) of this Act) to read as follows:
            ``(18) The term `permit or license applicant' means, with 
        respect to the consultation procedures established by section 
        7, any person that requires authorization or funding from a 
        Federal agency as a prerequisite to conducting an activity 
        (including a party to a written lease, right-of-way, license, 
        contract to purchase or provide a product or service, or other 
        permit with a Federal agency) that requires an action from the 
        agency to obtain the benefit of the activity.''; and
            (3) by adding after paragraph (20) (as redesignated by 
        section 102(a)(1) of this Act) the following new paragraph:
            ``(21) The term `reasonable and prudent alternative' means 
        an alternative action under section 7(b)(3) during consultation 
        on an agency action that--
                    ``(A) can be implemented in a manner consistent 
                with the intended purpose of the agency action or the 
                activity of a non-Federal person under section 10;
                    ``(B) can be implemented consistent with the scope 
                of the legal authority and jurisdiction of the Federal 
                agency;
                    ``(C) is economically and technologically feasible 
                for the applicant or non-Federal person to undertake; 
                and
                    ``(D) the Secretary believes would avoid being 
                likely to jeopardize the continued existence of the 
                species.''.

SEC. 402. EXEMPTIONS FROM CONSULTATION AND CONFERENCING.

    Section 7(a), as amended by section 401(a) of this Act, is amended 
by adding at the end the following new paragraphs:
            ``(6) Actions exempt from consultation and conferencing.--
        Consultation and conferencing under paragraphs (2) and (4) 
        shall not be required for any agency action that--
                    ``(A) is consistent with the provisions of a final 
                conservation plan under section 5(c)(5) or a 
                conservation objective described in section 5(b)(3);
                    ``(B) is consistent with a cooperative management 
                agreement or an incidental taking permit;
                    ``(C) addresses a critical, imminent threat to 
                public health or safety or a catastrophic natural event 
                or compliance with Federal, State, or local safety or 
                public health requirements;
                    ``(D) consists of routine operation, maintenance, 
                rehabilitation, repair, or replacement to a Federal or 
                non-Federal project or facility, including operation of 
                a project or facility in accordance with a previously 
                issued Federal license, permit, or other authorization; 
                or
                    ``(E) permits activities that occur on private 
                land.
            ``(7) Actions not prohibited.--An agency action shall not 
        constitute a taking of a species 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 
                conservation plan under section 5(c)(5) or a 
                conservation objective described in section 5(b)(3); or
                    ``(B) a cooperative management agreement or an 
                incidental take permit.''.

SEC. 403. ELIMINATING THE EXEMPTION COMMITTEE (GOD COMMITTEE).

    (a) Conforming Amendments.--Section 7(c) (16 U.S.C. 1536(c)) is 
amended--
            (1) in the first full sentence by striking ``(1) To 
        facilitate'' and inserting ``To facilitate''; and
            (2) by striking paragraph (2).
    (b) Presidential Exemptions.--Section 7(e) (16 U.S.C. 1536(e)) is 
amended to read as follows:
    ``(e) Exemptions.--Notwithstanding any other provision of this 
Act--
            ``(1) the Secretary shall grant an exemption from this Act 
        for any activity if the Secretary of Defense determines that 
        the exemption of the activity is necessary for reasons of 
        national security; and
            ``(2) the President may grant an exemption from this Act 
        for any area that the President has declared to be a major 
        disaster area under The Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5121 et seq.) for any 
        project for the repair or replacement of a public facility 
        substantially as the facility existed prior to the disaster 
        under section 405 or 406 of that Act (42 U.S.C. 5171 and 5172), 
        if the President determines that the project--
                    ``(A) is necessary to prevent the recurrence of 
                such a natural disaster and to reduce the potential 
                loss of human life; and
                    ``(B) involves an emergency situation that does not 
                allow the procedures of this Act (other than this 
                subsection) to apply.''.
    (c) Repeal.--Subsections (f) through (p) of section 7 (16 U.S.C. 
1536(f)-(p)) are repealed.
     TITLE V--BETTER MANAGEMENT AND CONSERVATION OF LISTED SPECIES

SEC. 501. SETTING CONSERVATION OBJECTIVES.

    Section 5 (16 U.S.C. 1534) is redesignated as section 5A, and the 
following new section is added after section 4:

``SEC. 5. SPECIES CONSERVATION PLANS.

    ``(a) In General.--Except as provided in subsection (b)(3)(C), the 
Secretary shall publish a conservation objective and a conservation 
plan for each species determined to be an endangered species or a 
threatened species pursuant to section 4.
    ``(b) Development of Conservation Objective.--
            ``(1) Assessment and planning team.--Not later than 30 days 
        after the listing determination, the Secretary shall appoint an 
        assessment and planning team which shall not be subject to the 
        Federal Advisory Committee Act (5 U.S.C. App.) and shall 
        consist of--
                    ``(A) experts in biology or pertinent scientific 
                fields, economics, property law and regulation, and 
                other appropriate disciplines from the Department of 
                the Secretary, other Federal agencies, and the private 
                sector;
                    ``(B) a representative nominated by the Governor of 
                each affected State;
                    ``(C) representatives nominated by each affected 
                local government, if the local government agrees to the 
                appointment of a representative; and
                    ``(D) representatives of persons who may be 
                directly, economically impacted by the conservation 
                plan.
            ``(2) Assessments.--Not later than 180 days after the 
        listing determination, the assessment and planning team shall 
        report to the Secretary the assessment of the following 
        biological, economic, and intergovernmental factors with 
        respect to the listed species:
                    ``(A) The team shall assess--
                            ``(i) the biological considerations 
                        necessary to carry out this Act;
                            ``(ii) the biological significance of the 
                        species;
                            ``(iii) the geographic range and occupied 
                        habitat of the species, and the type and 
                        amounts of habitat needed, at a minimum, to 
                        maintain the existence of the species and, at a 
                        maximum, to secure recovery of the species;
                            ``(iv) the current population, and the 
                        population trend, of the species;
                            ``(v) the technical practicality of 
                        recovering the species;
                            ``(vi) the potential management measures 
                        capable of recovering, or reducing the risks to 
                        survival of, the species, including the 
                        contribution of existing or potential captive 
                        breeding programs for the species, predator 
                        control, enhancement of food sources, 
                        supplemental feeding, and other methods which 
                        enhance the survival of the young of the 
                        species; and
                            ``(vii) where appropriate, the demonstrable 
                        commercial or medicinal value of the species.
                    ``(B) The team shall assess the direct, indirect, 
                and cumulative economic and social impacts on the 
                public and private sectors, including local 
                governments, that may result from the listing 
                determination and any potential management measures 
                identified under subparagraph (A)(vi), including 
                impacts on the cost of governmental actions, tax and 
                other revenues, employment, the use and value of 
                property, other social, cultural, and community values, 
                and an assessment of any commercial activity which 
                could potentially result in a net benefit to the 
                conservation of the species.
                    ``(C) The team shall assess the impacts on State 
                and local land use laws, conservation measures, and 
                water allocation policies that may result from the 
                listing determination and from the potential management 
                measures identified under subparagraph (A)(vi).
            ``(3) Secretarial review of assessments and establishment 
        of conservation objective.--(A) Not later than 210 days after a 
        listing determination, the Secretary shall review the report of 
        the assessment and planning team prepared pursuant to paragraph 
        (2), establish a conservation objective for the species, and 
        publish in the Federal Register the conservation objective, 
        along with a statement of findings on which the conservation 
        objective was established.
            ``(B) The conservation objective may be, in the discretion 
        of the Secretary--
                    ``(i) recovery of the listed species;
                    ``(ii) such level of conservation of the species 
                which the Secretary determines practicable and 
                reasonable to the extent that the benefits of the 
                potential conservation measures outweigh the economic 
                and social costs of such measures, including but not 
                limited to maintenance of existing population levels;
                    ``(iii) no Federal action other than enforcement 
                against any person whose activity violates the 
                prohibitions specified in section 9(a), including any 
                activity that results in a taking of the species, 
                unless the taking is incidental to, and not the purpose 
                of, the carrying out of an otherwise lawful activity; 
                or
                    ``(iv) such other objective as the Secretary may 
                determine that does not provide a lesser level of 
                protection than the level described in clause (iii).
            ``(C) If the conservation objective established by the 
        Secretary is the objective provided in subparagraph (B)(iii), 
        the Secretary shall not develop a conservation plan for the 
        affected species under subsection (c).''.
SEC. 502. PREPARING A CONSERVATION PLAN.

    (a) In General.--Section 5 (16 U.S.C. 1534), as added by section 
501 of this Act, is amended by adding at the end the following new 
subsections:
    ``(c) Development of Conservation Plan.--
            ``(1) Priorities.--In the development and implementation of 
        a conservation plan under this subsection, the Secretary shall 
        accord priority to--
                    ``(A) the development of an integrated plan for 2 
                or more endangered species or threatened species that 
                are likely to benefit from an integrated conservation 
                plan;
                    ``(B) the geographic areas where conflicts between 
                the conservation of the affected species and 
                development projects or other forms of economic 
                activity exist or are likely to exist;
                    ``(C) protection of the listed species on units of 
                the National Biological Diversity Reserve as provided 
                in section 5A(a);
                    ``(D) the implementation of conservation measures 
                that have the least economic and social costs;
                    ``(E) nonregulatory, incentive-based conservation 
                measures and commercial activities that provide a net 
                benefit to the conservation of the species; and
                    ``(F) plans in which States or private 
                organizations or persons are the primary implementors.
            ``(2) Publication of draft plan.--Not later than 12 months 
        after the date of a determination that a species is an 
        endangered species or a threatened species, the assessment and 
        planning team for the species shall publish a draft 
        conservation plan for the species which is based on the 
        assessments made pursuant to subsection (b)(2) and designed to 
        achieve the conservation objective established pursuant to 
        subsection (b)(3).
            ``(3) Contents of draft plan.--Each draft conservation plan 
        shall contain--
                    ``(A) recommendations for Federal agency compliance 
                with section 7(a)(1) and 7(a)(2);
                    ``(B) recommendations for avoiding a taking of a 
                listed species prohibited under section 9(a)(1) and a 
                list of specific activities that would constitute a 
                take under section 9;
                    ``(C) alternative strategies to achieve the 
                conservation objective for the listed species which 
                range from a strategy requiring the least possible 
                Federal management to achieve the conservation 
                objective to a strategy involving more intensive 
                Federal management to achieve the objective, each of 
                which contains--
                            ``(i) an estimate of the risks to the 
                        survival and recovery of the species that the 
                        alternative would entail;
                            ``(ii) a description of any site-specific 
                        management measures recommended for the 
                        alternative;
                            ``(iii) an analysis of the relationship of 
                        any habitat of the species proposed for 
                        designation as critical habitat to the 
                        recommended management measures;
                            ``(iv) a description of the direct, 
                        indirect, and cumulative economic and social 
                        impacts on the public and private sectors 
                        including impacts on employment, the cost of 
                        government actions, tax and other revenues, the 
                        use and value of property, and other social, 
                        cultural, and community values;
                            ``(v) a description of any captive breeding 
                        program recommended for the alternative;
                            ``(vi) an analysis of whether the 
                        alternative would include any release of an 
                        experimental population outside the current 
                        range of the species and an identification of 
                        candidate geographic areas for the release;
                            ``(vii) objective and measurable criteria, 
                        including a population level target, that, if 
                        met, would result in a determination under 
                        section 4 that the species is no longer an 
                        endangered species or threatened species;
                            ``(viii) estimates of the time and costs 
                        required to carry out the management measures, 
                        including any intermediate steps; and
                            ``(ix) a description of the role of each 
                        affected State, if any, in achieving the 
                        conservation objective.
            ``(4) Plan preparation procedures.--(A) The Secretary shall 
        consult with the Governor of each State in which the affected 
        species is located during the preparation of each draft and 
        final conservation plan. Each plan shall provide for equitable 
        treatment of affected States and other non-Federal persons.
            ``(B) The Secretary shall publish in the Federal Register 
        and a newspaper of general circulation in each affected county 
        and parish a notice of the availability and a summary of, and a 
        request for the submission of comments on, each draft 
        conservation plan.
            ``(C) The Secretary shall hold at least 1 hearing on each 
        draft conservation plan in each State to which the plan would 
        apply in a location that is as close as possible to the center 
        of the habitat of the affected species in such State.
            ``(D) Prior to any decision to adopt a final conservation 
        plan, the Secretary shall consider and weigh carefully all 
        information presented during each hearing held under 
        subparagraph (C) or received in response to a request for 
        comments published under subparagraph (B).
            ``(5) Publication of final plan.--Not later than 18 months 
        from the date of a determination that a species is an 
        endangered species or a threatened species, the Secretary shall 
        publish in the Federal Register a notice of the availability, 
        and a summary, of a final conservation plan for the species. 
        The notice shall include a detailed description of--
                    ``(A) the reasons for the selection of the final 
                conservation plan;
                    ``(B) the reasons for not selecting each of the 
                other alternatives included in the draft conservation 
                plan, including, if any alternative is selected other 
                than the alternative that would impose the least total 
                costs on the public and private sectors, the reasons 
                for such selection;
                    ``(C) the effect of the priorities specified in 
                paragraph (1) on the selection; and
                    ``(D) the response of the Secretary to the 
                information referred to in paragraph (4).
            ``(6) Participation by other persons.--In developing and 
        implementing conservation plans, the Secretary may use the 
        services of appropriate public and private agencies and 
        institutions and other qualified persons.
            ``(7) Plan revision or amendment.--Any revision of or 
        amendment to a conservation plan shall be made in accordance 
        with the procedures and requirements of subsection (b) and this 
        subsection, except that the Secretary by regulation may provide 
        for other procedures and requirements for any amendment that 
        does not increase the direct or indirect cost of implementation 
        of the plan or enlarge the area to which the plan applies.
    ``(d) No Further Procedures or Requirements for Actions Consistent 
With the Conservation Plan.--If a conservation plan is prepared under 
subsection (c) or if a conservation objective is established under 
subsection (b)(3)(C)--
            ``(1) any Federal agency that determines that the actions 
        of the agency are consistent with the provisions of the 
        conservation plan or conservation objective shall be considered 
        to comply with section 7(a)(1) for the affected species;
            ``(2) any agency action that the Federal agency determines 
        is consistent with the provisions of the conservation plan or 
        conservation objective shall not be subject to section 7(a)(2) 
        for the affected species, except that a Federal agency may 
        initiate consultation under section 7(a)(2) if the agency 
        desires guidance from the Secretary on the consistency of the 
        action of the agency with the conservation plan or conservation 
        objective; and
            ``(3) any action of any person that is consistent with the 
        provisions of the conservation plan or conservation objective 
        shall not constitute a violation concerning the affected 
        species of any applicable prohibition under section 9(a), 
        except that a non-Federal person may initiate consultation 
        under section 10(a)(2)--
                    ``(A) if the person desires guidance from the 
                Secretary on the consistency of the action with the 
                plan or objective; or
                    ``(B) in order to determine whether to apply for a 
                permit under section 10 for any action that is 
                inconsistent with the plan or objective.''.
    (b) Conservation Objective and Conservation Rule Defined.--Section 
3(4) (16 U.S.C. 1532), as redesignated by section 102(a) of this Act, 
is amended to read as follows:
            ``(4) The terms `conservation objective' and `conservation 
        plan' (except when modified by `non-Federal') mean a 
        conservation objective and a conservation plan, respectively, 
        developed under section 5.''.

SEC. 503. INTERIM MEASURES.

    Section 5 (16 U.S.C. 1534), as added by section 501 of this Act and 
as amended by section 502 of this Act, is amended by adding at the end 
the following new subsections:
    ``(e) Management Prior to Publication of Conservation Plan.--
            ``(1) In general.--After a listing determination and before 
        the publication of a final conservation plan, or, if no plan is 
        required pursuant to subsection (b)(3)(C), a conservation 
        objective, for the species--
                    ``(A) the prohibitions of section 9(a) shall apply 
                to any person, except in the case of a taking of a 
                member of the species that is incidental to, and not 
                the purpose of, the carrying out of an otherwise lawful 
                activity which incidental taking activity may include 
                but is not limited to the routine operation, 
                maintenance, rehabilitation, replacement, or repair of 
                any structure, building, road, dam, airport, or any 
                irrigation or other facility which is in operation 
                prior to
                 the publication of the determination under section 
4(b)(6); and
                    ``(B) no Federal agency shall be required to comply 
                with section 7(a)(1) and no consultation shall be 
                required on any agency action under section 7(a)(2).
            ``(2) Emergency rulemaking protections.--Notwithstanding 
        paragraph (1), sections 7(a) and 9(a) shall apply fully to the 
        listed species during a period in which an emergency rulemaking 
        is in effect pursuant to section 4(b)(7) or if the President 
        declares, and advises the Secretary, that there exists an 
        imminent threat to the existence of the species. Such 
        declaration of the President expires upon the deadline for 
        publication of a final conservation plan for the species 
        pursuant to subsection (c)(5) or the publication of a 
        conservation objective for the species provided in subsection 
        (b)(3) or if no conservation plan is required pursuant to 
        subsection (b)(3)(C).
    ``(f) Suspension of Conservation Plan or Objective.--If the 
Secretary issues an incidental take permit or enters into a cooperative 
management agreement under section 6, the Secretary, by publication of 
notice in the Federal Register, shall suspend the conservation 
objective or conservation plan with respect to the geographic area or 
action applicable to the species to which the permit or agreement 
applies.
    ``(g) Nondelegation of Duties.--The Secretary may not delegate the 
authority to make the final decision to select a conservation 
objective, issue a conservation plan, or designate critical habitat 
under this section.
    ``(h) Review of Conservation Plans.--
            ``(1) Deadlines.--The Secretary shall review each 
        conservation plan and the conservation objective on which it is 
        based before the end of the 5-year period that begins on the 
        date of publication of the conservation plan, and before the 
        end of each 5- year period thereafter.
            ``(2) Revisions.--The Secretary shall revise a conservation 
        plan or the conservation objective on which it is based if the 
        Secretary determines--
                    ``(A) through a 5-year review under paragraph (1), 
                that the conservation plan or conservation objective 
                does not meet the requirements of this section; or
                    ``(B) at any time--
                            ``(i) that funding is not available for the 
                        implementation of a specific conservation 
                        measure that is integral to the conservation 
                        plan or that a more cost-effective alternative 
                        exists for a specific conservation measure that 
                        is integral to the conservation plan; or
                            ``(ii) on the basis of scientific or 
                        commercial data that were not available during 
                        the development of the conservation objective 
                        or conservation plan, that the conservation 
                        objective is not achievable or the conservation 
                        plan will not achieve the conservation 
                        objective.
            ``(3) No reopening of consultations.--Section 7 
        consultations shall not be reopened as a result of 
        modifications to a conservation plan under paragraph (2).''.

SEC. 504. CRITICAL HABITAT FOR SPECIES.

    (a) Critical Habitat Designation.--Section 5, as added by section 
501 of this Act and as amended by sections 502 and 503 of this Act, is 
amended by adding at the end the following new subsections:
    ``(i) Critical Habitat Designation.--
            ``(1) Designation.--The Secretary may, by regulation and to 
        the extent prudent and determinable--
                    ``(A) designate critical habitat of a species 
                determined to be an endangered species or threatened 
                species that meets the requirements of paragraph (3) 
                utilizing the National Biodiversity Reserve established 
                under section 5A(a) as a first priority; and
                    ``(B) revise a critical habitat designation on 
                determining that the critical habitat does not meet the 
                requirements of paragraph (3).
        Designation of critical habitat shall not result in reopening 
        or reinitiation of consultations on Federal actions pursuant to 
        section 7.
            ``(2) Deadlines for designation.--Any proposed regulation 
        and any final regulation to designate critical habitat shall be 
        published not later than 12 months and 18 months, respectively, 
        after the date on which the affected species is determined to 
        be an endangered species or a threatened species.
            ``(3) Basis for designation.--The designation of critical 
        habitat, and any revision of the designation, shall be made on 
        the basis of the best available scientific and commercial data 
        after taking into consideration the economic impact, and any 
        other relevant impact, of designating any particular area as 
        critical habitat and of the determination that the affected 
        species is an endangered species or threatened species. The 
        Secretary shall exclude any area from critical habitat--
                    ``(A) which does not meet the definition of 
                critical habitat set forth in section 3(7);
                    ``(B) which is not necessary to achieve the 
                conservation objective for the affected species 
                established pursuant to subsection (b);
                    ``(C) for which the Secretary determines that the 
                benefits of the exclusion of the area from designation 
                as critical habitat outweigh the benefits of 
                designation, unless the Secretary determines, on the 
                basis of the best available scientific and commercial 
                data, that the failure to designate the area as 
                critical habitat will result in the extinction of the 
                affected species; or
                    ``(D) in the case of property owned by a non-
                Federal person, where the owner thereof has not given 
                written consent to the designation or has not been 
                compensated as provided in section 19.
            ``(4) Procedure for designation.--In the Federal Register 
        notice containing the proposed regulation to designate critical 
        habitat, the Secretary shall describe the economic impacts and 
        other relevant impacts that are to be considered, and the 
        benefits that are to be weighed, under paragraph (3) in 
        designating an area as critical habitat, along with maps 
        showing the location of the area to be designated as critical 
        habitat. The Secretary shall submit the description, and the 
        documentation supporting the description, 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 
        hold at least one public hearing in each State on the proposed 
        rule in which critical habitat is designated for a species. In 
        issuing any final regulation designating critical habitat, the 
        Secretary shall respond separately and fully to each comment.
            ``(5) Judicial review of critical habitat designation.--The 
        decision whether to designate critical habitat shall be subject 
        to a de novo judicial review with the court determining whether 
        the decision is supported by a preponderance of the evidence.
    ``(j) Judicial Review of Conservation Objective or Plan.--The 
standard for judicial review of any decision of the Secretary, or a 
Federal agency pursuant to this section shall be whether the decision 
is arbitrary, capricious, an abuse of discretion, or otherwise not in 
accordance with law.
    ``(k) Conservation Plans for Foreign Species.--In developing 
conservation objectives and conservation plans under this section, the 
Secretary shall, in regard to foreign species--
            ``(1) act consistently with the Convention; and
            ``(2) cooperate and support the conservation strategy 
        adopted for that species by any foreign nation in which the 
        species occurs.''.
    (b) Conforming Amendments.--Section 4(b)(6) (16 U.S.C. 1533(b)(6)) 
is amended--
            (1) in subparagraph (B)(i) by striking ``or revision 
        concerned'';
            (2) in subparagraph (B)(iii) by striking ``or revision 
        concerned, a finding that the revision should not be made,''; 
        and
            (3) by striking subparagraph (C).
    (c) Conforming Amendment.--Section 4(b)(8) (16 U.S.C. 1533(b)(8)) 
is amended by striking ``regulation'' the third time it appears and all 
that follows through the end of the paragraph and inserting 
``regulation.''.
    (d) Definition of Critical Habitat.--Section 3(7), as redesignated 
by section 102(a) of this Act, is amended to read as follows:
            ``(7)(A) The term `critical habitat' for an endangered 
        species or a threatened species means the specific areas which 
        are within the geographic area found to be occupied by a 
        species at the time the species is determined to be an 
        endangered species or a threatened species in accordance with 
        section 4 and which contain such physical or biological 
        features as--
                    ``(i) are essential to the persistence of the 
                species over the 50-year period beginning on the date 
                the regulation designating the critical habitat, or any 
                revision of the regulation, is promulgated; and
                    ``(ii) require special management considerations or 
                protection.
            ``(B) Except in those circumstances determined by the 
        Secretary, critical habitat shall not include the entire 
        geographical area occupied by the threatened species or 
        endangered species.''.

SEC. 505. RECOGNITION OF CAPTIVE PROPAGATION AS MEANS OF RECOVERY.

    Section 5, as added by section 501 of this Act and as amended by 
sections 502, 503, and 504 of this Act, is amended by adding at the end 
the following new subsection:
    ``(l) Recognition of Captive Propagation as Means of 
Conservation.--
            ``(1) In general.--In carrying out this Act, the Secretary 
        shall recognize to the maximum extent practicable, and may 
        utilize, captive propagation as a means of protecting or 
        conserving an endangered species or a threatened species.
            ``(2) Captive propagation grants.--The Secretary may, 
        subject to appropriations therefor, provide annual grants to 
        non-Federal persons to fund captive propagation programs for 
        the purpose of protecting or conserving any species that is 
        determined under section 4 to be an endangered species or a 
        threatened species, if the Secretary determines that such a 
        program contributes to enhancement of the population of the 
        species.''.

SEC. 506. INTRODUCTION OF SPECIES.

    Section 10(j) (16 U.S.C. 1539(j)) is amended--
            (1) by amending paragraph (2)(B) to read as follows:
                    ``(B) Before authorizing the release of any 
                population under subparagraph (A), the Secretary shall 
                by regulation identify the population and the precise 
                boundaries of the geographic area for the release and 
                determine, on the basis of the best available 
                information, whether the release is in the public 
                interest, whether or not such population is essential 
                to the continued existence of an endangered species or 
                a threatened species.'';
            (2) in paragraph (2)(C)--
                    (A) in clause (i) by striking ``and'' after the 
                semicolon; and
                    (B) by striking clause (ii) and inserting the 
                following:
                            ``(ii) for the purposes of sections 4(d) 
                        and 9(a)(1)(B), any member of an experimental 
                        population found outside the geographic 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
                            ``(iii) critical habitat shall not be 
                        designated under this Act for any experimental 
                        population determined under subparagraph (B) to 
                        be not essential to the continued existence of 
                        a species.'';
            (3) by redesignating paragraph (3) as paragraph (4); and
            (4) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) Requirements for releases.--In authorizing the 
        release of a population under paragraph (2), the Secretary 
        shall require that--
                    ``(A) to the maximum extent practicable, 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 of the population in a conservation plan for 
                the species;
                    ``(C) in the case of 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 geographic area for the 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. 507. CONSERVING THREATENED SPECIES.

    (a) Regulations.--Section 4(d) (16 U.S.C. 1533(d)) is amended to 
read as follows:
    ``(d) Regulations To Protect Threatened Species.--Whenever any 
species is listed as a threatened species pursuant to subsection (c), 
the Secretary shall issue, concurrently with the regulation that 
provides for the listing of the species, such regulations as the 
Secretary deems necessary and advisable to provide for the conservation 
of such species. Such regulations may apply to the threatened species 
one or more of the prohibitions under section 9(a)(1), in the case of 
fish and wildlife, or section 9(a)(2) in the case of plants, with 
respect to endangered species. The prohibition applied to the 
threatened species shall address the specific circumstances of such 
species and may not be as restrictive as such prohibition for 
endangered species. With respect to the taking of resident species of 
fish or wildlife, such regulations shall apply in any State which has 
entered into a cooperative agreement pursuant to section 6(c) only to 
the extent that such regulations have also been adopted by such 
State.''.
    (b) Conforming Amendments.--Section 4 (16 U.S.C. 1533) is amended--
            (1) by striking subsection (f); and
            (2) by redesignating subsections (g), (h), and (i) in order 
        as subsections (f), (g), and (h).
    (c) Conservation Guidelines.--Section 4 is amended in subsection 
(g), as redesignated by subsection (b)(2) of this section, by amending 
paragraph (3), as redesignated by section 304(b)(2) of this Act, to 
read as follows:
            ``(3) a system for developing and implementing, on a 
        priority basis, conservation objectives and conservation plans. 
        The Secretary shall provide to the public notice of, and 
        opportunity to submit written comments on, any guideline 
        (including any amendment thereto) proposed to be established 
        under this subsection.''.

                     TITLE VI--HABITAT PROTECTIONS

SEC. 601. FEDERAL BIOLOGICAL DIVERSITY RESERVE.

    Section 5A, as redesignated by section 501 of this Act, is amended 
to read as follows:

``SEC. 5A. PROTECTION OF HABITAT.

    ``(a) Establishment of National Biological Diversity Reserve.--
            ``(1) In general.--There is hereby established a National 
        Biological Diversity Reserve (hereinafter in this Act referred 
        to as the `Reserve'). The Reserve shall be composed of units of 
        Federal and State lands designated in accordance with paragraph 
        (2) and managed in accordance with paragraph (3).
            ``(2) Designation of reserve units.--(A) Not later than 18 
        months after the date of enactment of the Endangered Species 
        Conservation and Management Act of 1995, the Secretary of the 
        Interior and the Secretary of Agriculture shall designate to 
        the Reserve by regulation those units of the national 
        conservation systems which are within the jurisdiction of the 
        Secretary concerned and which the Secretary determines would 
        contribute to the protection, maintenance, and enhancement of 
        biological diversity in accordance with the provisions of this 
        Act. The term `national conservation systems' means wholly 
        federally owned lands within the National Park System, the 
        National Wildlife Refuge System, or the National Wilderness 
        Preservation System, and wild segments of rivers within the 
        National Wild and Scenic Rivers System.
            ``(B) The Secretary of the Interior shall--
                    ``(i) designate to the Reserve by regulation a unit 
                of State-owned lands if such unit is nominated for 
                designation by the Governor of the State and is managed 
                under State law in accordance with paragraph (3);
                    ``(ii) designate to the Reserve by regulation 
                privately owned land that is nominated for designation 
                by the owner of the land, and shall remove such land 
                from the Reserve if the owner requests removal;
                    ``(iii) remove from the Reserve by regulation any 
                unit designated pursuant to clause (i) which the 
                Secretary finds is not managed under State law in 
                accordance with paragraph (3); and
                    ``(iv) remove from the Reserve any State-owned 
                lands at the request of the Governor of that State.
            ``(C) Designation of a Reserve unit shall not affect any 
        valid existing permit, right, right-of-way, access, interest in 
        land, right to use or receive water, or property right.
            ``(3) Management of the reserve.--(A) Each unit of the 
        Reserve shall have as an objective for the management thereof 
        the preservation, maintenance, and enhancement of biological 
        diversity. Such objective shall be supplementary to any other 
        objective established for such unit by or pursuant to any 
        provision of law applicable to such unit. Each such unit shall 
        be managed in accordance with such objective to the extent that 
        such objective is not inconsistent with the purpose for which 
        the unit was established, other provisions of law applicable to 
        such unit, and the activities which occur on such unit.
            ``(B) The manager of each Reserve unit should consistent 
        with paragraph (4) utilize his authority to use active 
        management and recovery measures, including those specified in 
        section 5(b)(2)(A)(vi), and shall conduct a survey to determine 
        the populations of species within the Reserve.
            ``(C) Nothing in this Act shall--
                    ``(i) alter, establish, or affect the respective 
                rights of the United States, the States, or any person 
                with respect to any water or water-related right; or
                    ``(ii) affect the laws, rules, and regulations 
                pertaining to hunting, fishing, and other lawful 
                wildlife harvest under existing State and Federal laws 
                and Indian treaties.
            ``(D) Within 1 year of the designation of a unit to the 
        Reserve, the manager of such unit shall complete, and the 
        Secretary concerned shall make available to the public by 
        notice in the Federal Register, an inventory of the species 
        composing the biological diversity within such unit.
            ``(4) Other federal lands.--Nothing in this Act shall be 
        construed as limiting the authority of the Secretary of the 
        Interior or the Secretary of Agriculture to take such actions 
        as are necessary and authorized by other law to protect, 
        maintain, and enhance biological diversity on other Federal 
        lands not designated to the Reserve except that, before taking 
        any such action, the Secretary concerned shall make a finding 
        based on the best available scientific and commercial data, 
        that the biological diversity for which such action is proposed 
        is not protected, maintained, or enhanced in whole or 
        substantial part on any unit of the Reserve. Such finding shall 
        be published, along with the reasons therefor in the Federal 
        Register.''.

SEC. 602. LAND ACQUISITION.

    Section 5A, as redesignated by section 501 of this Act and as 
amended by section 601 of this Act, is amended by adding at the end the 
following new subsection:
    ``(b) Land Acquisition.--
            ``(1) Program.--The Secretary, and the Secretary of 
        Agriculture with respect to the National Forest System, shall 
        establish and implement a program to conserve fish, wildlife, 
        and plants, including those which are determined to be 
        endangered species or threatened species pursuant to section 4. 
        To carry out such a program, the appropriate Secretary--
                    ``(A) shall utilize the land acquisition and other 
                authority under the Fish and Wildlife Act of 1956 (16 
                U.S.C. 742a et seq.), the Fish and Wildlife 
                Coordination Act (16 U.S.C. 661 et seq.), and the 
                Migratory Bird Conservation Act (16 U.S.C. 715 et 
                seq.), as appropriate; and
                    ``(B) is authorized to acquire by purchase, lease, 
                donation, or otherwise, lands, waters, or interest 
                therein, including short- or long-term conservation 
                easements, and such authority shall be in addition to 
                any other land acquisition authority vested in that 
                Secretary.
            ``(2) Availability of funds for acquisition of lands, 
        water, etc.--Funds made available pursuant to the Land and 
        Water Conservation Fund Act of 1965 (16 U.S.C. 4601-4 et seq.) 
        may be used for the purpose of acquiring or leasing lands, 
        waters, or interests therein under subsection (a) of this 
        section.''.
SEC. 603. PROPERTY EXCHANGES.

    Section 5A, as redesignated by section 501 of this Act and as 
amended by sections 601 and 602 of this Act, is amended by adding at 
the end the following new subsections:
    ``(c) Exchanges.--
            ``(1) In general.--In accordance with subsection (a), the 
        Secretary of the Interior and the Secretary of Agriculture 
        shall encourage exchanges of lands, waters, or interests in 
        land or water within the jurisdiction of each Secretary (other 
        than units of the National Park System and units of the 
        National Wilderness Preservation System) for lands, waters, or 
        interests in land or water that are not in Federal ownership 
        and that are affected by this Act.
            ``(2) Timing of exchanges.--An exchange under this 
        subsection may be made if the Secretary of the Interior or the 
        Secretary of Agriculture determines, without a formal 
        appraisal, that the lands to be exchanged are of approximately 
        equal value.
            ``(3) Environmental assessment.--An environmental 
        assessment shall be the only document under section 102(2) of 
        the National Environmental Policy Act of 1976 (16 U.S.C. 
        4332(2)) that shall be prepared with respect to any exchange 
        under this subsection.
            ``(4) Expeditious exchange decisions.--An exchange under 
        this subsection shall be processed as expeditiously as 
        practicable. The Secretary of the Interior or the Secretary of 
        Agriculture shall periodically provide information to the non-
        Federal landowner on the status of the exchange.
            ``(5) Applicable law.--The Secretary of the Interior and 
        the Secretary of Agriculture shall process exchanges under this 
        subsection in accordance with applicable laws that are 
        consistent with this subsection.
    ``(d) Valuation.--Any land, water, or interest in land or water to 
be acquired by the Secretary or the Secretary of Agriculture by 
purchase, exchange, donation, or otherwise under this section shall be 
valued as if the land, water, or interest in land or water were not 
subject to any restriction on use under this Act imposed after the date 
of acquisition by the current owner of the land, water, or interest in 
land or water.
    ``(e) ____.--For any land or water acquired by the Secretary or the 
Secretary of Agriculture by purchase, exchange, lease, donation or 
otherwise under this section, the Secretary or Secretary of Agriculture 
shall ensure that such purchase, exchange, lease, donation, or other 
transfer shall not supersede, abrogate, or otherwise impair existing 
easements, rights-of-way, fencing, water sources, water delivery lines 
or ditches, and current uses of adjacent land.''.
TITLE VII--STATE AUTHORITY TO PROTECT ENDANGERED AND THREATENED SPECIES

SEC. 701. STATE AUTHORITY.

    (a) In general.--Section 6 (16 U.S.C. 1535) is amended by striking 
subsection (c) and all that follows through subsection (f) and 
inserting the following:
    ``(c) State Authority To Protect Endangered and Threatened 
Species.--
            ``(1) Delegation of authority.--In furtherance of the 
        purposes of this Act, the Secretary may delegate to a State 
        which establishes and maintains an adequate program for the 
        conservation of endangered species and threatened species the 
        authority contained in this Act with respect to species of 
        fish, wildlife, and plants that are residents in the State. 
        Within 120 days after the Secretary receives a certified copy 
        of such a proposed State program, the Secretary shall make a 
        determination whether such program will be adequate to provide 
        protections to endangered species and threatened species in 
        such State. In order for a State program to be determined to be 
        an adequate program for the conservation of endangered species 
        and threatened species, the Secretary must find that under the 
        State program--
                    ``(A)(i) authority resides in the State agency to 
                conserve resident species of fish or wildlife 
                determined by the State agency or the Secretary to be 
                endangered species or threatened species;
                    ``(ii) the State agency has established acceptable 
                conservation programs, consistent with the purposes and 
                policies of this Act, for all resident species of fish 
                or wildlife in the State which are deemed by the 
                Secretary to be endangered species or threatened 
                species or for those species or taxonomic groups of 
                species which the State proposes to cover under its 
                program, and has furnished a copy of such plan and 
                program together with all pertinent details, 
                information, requested to the Secretary;
                    ``(iii) the State agency is authorized to conduct 
                investigations to determine the status and requirements 
                for survival of resident species of fish and wildlife;
                    ``(iv) an agency of the State is authorized to 
                establish programs, including the acquisition of land 
                or aquatic habitat or interests therein, for the 
                conservation of resident endangered species or 
                threatened species of fish or wildlife;
                    ``(v) provision is made for public participation in 
                designating resident species of fish or wildlife as 
                endangered species or threatened species; and
                    ``(vi) the State agency has initiated or encouraged 
                voluntary or incentive based programs to further the 
                conservation objectives for the species; or
                    ``(B)(i) the requirements set forth in clauses 
                (iii), (iv), and (v) of subparagraph (A) are complied 
                with, and
                    ``(ii) plans are included under which immediate 
                attention will be given to those resident species of 
                fish and wildlife which are determined by the Secretary 
                or the State agency to be endangered species or 
                threatened species and which the Secretary and the 
                State agency agree are most urgently in need of 
                conservation programs.
            ``(2) Prohibitions not affected.--A delegation to a State 
        whose program is deemed adequate pursuant to paragraph (1) 
        shall not affect the applicability of prohibitions set forth in 
        or authorized pursuant to section 4(d) or section 9(a)(1) with 
        respect to the taking of any resident endangered species or 
        threatened species in the State.
    ``(d) Allocation of Funds.--
            ``(1) Financial assistance.--The Secretary may provide 
        financial assistance to any State, through its respective State 
        agency, which has received delegation pursuant to subsection 
        (c) of this section to assist in development of programs for 
        the conservation of endangered species and threatened species 
        or to assist in monitoring the status of candidate species 
        pursuant to subparagraph (C) of section 4(b)(3) and recovered 
        species pursuant to section 4(f). The Secretary shall allocate 
        each annual appropriation made in accordance with subsection 
        (i) to such States based on consideration of--
                    ``(A) the international commitments of the United 
                States to protect endangered species or threatened 
                species;
                    ``(B) the readiness of a State to proceed with a 
                conservation program consistent with the objectives and 
                purposes of this Act;
                    ``(C) the number of endangered species and 
                threatened species within a State;
                    ``(D) the potential for restoring endangered 
                species and threatened species within a State;
                    ``(E) the relative urgency to initiate a program to 
                restore and protect an endangered species or threatened 
                species in terms of survival of the species;
                    ``(F) the importance of monitoring the status of 
                candidate species within a State to prevent a 
                significant risk to the well-being of any such species; 
                and
                    ``(G) the importance of monitoring the status of 
                recovered species within a State to assure that such 
                species do not return to the point at which the 
                measures provided pursuant to this Act are again 
                necessary.
        So much of the annual appropriation made in accordance with 
        subsection (i) allocated for obligation to any State for any 
        fiscal year as remains unobligated at the close thereof may be 
        made available to that State until the close of the succeeding 
        fiscal year. Any amount allocated to any State which is 
        unobligated at the end of the period during which it is 
        available for expenditure may be made available for expenditure 
        by the Secretary in conducting programs under this section.
            ``(2) Contents of delegation agreement.--Such delegation 
        shall provide for--
                    ``(A) the actions to be taken by the Secretary and 
                the States;
                    ``(B) the benefits that are expected to be derived 
                in connection with the conservation of endangered 
                species or threatened species;
                    ``(C) the estimated cost of these actions; and
                    ``(D) the share of such costs to be borne by the 
                Federal Government and by the States; except that--
                            ``(i) the Federal share of such program 
                        costs shall not exceed 75 percent of the 
                        estimated program cost stated in the agreement; 
                        and
                            ``(ii) the Federal share may be increased 
                        to 90 percent whenever two or more States 
                        having a common interest in one or more 
                        endangered species or threatened species, the 
                        conservation of which may be enhanced by 
                        cooperation of such States, enter jointly into 
                        an agreement with the Secretary.
        The Secretary may, in the Secretary's discretion, and under 
        such rules and regulations as he may prescribe, advance funds 
        to the State for financing the United States pro rata share 
        agreed upon in the cooperative agreement. For the purposes of 
        this section, the non-Federal share may, in the discretion of 
        the Secretary, be in the form of money or real property, the 
        value of which will be determined by the Secretary, whose 
        decision shall be final.
            ``(3) Compliance with procedures.--In implementing this Act 
        under authority delegated to a State by the Secretary, the 
        State shall comply with all requirements, prohibitions, and 
        procedures set forth by this Act.
    ``(e) Review of State Programs.--Any action taken by the Secretary 
under this section shall be subject to his periodic review at no 
greater than intervals of 5 years.
    ``(f) Conflicts Between Federal and State Laws.--Any State law or 
regulation which applies with respect to the importation or exportation 
of, or interstate or foreign commerce in, endangered species or 
threatened species is void to the extent that it may effectively--
            ``(1) permit what is prohibited by this Act or by any 
        regulation which implements this Act, or
            ``(2) prohibit what is authorized pursuant to an exemption 
        or permit provided for in this Act or in any regulation which 
        implements this Act. This Act shall not otherwise be construed 
        to void any State law or regulation which is intended to 
        conserve migratory, resident, or introduced fish or wildlife, 
        or to permit or prohibit sale of such fish or wildlife. Any 
        State law or regulation respecting the taking of an endangered 
        species or threatened species may be more restrictive than the 
        exemptions or permits provided for in this Act or in any 
        regulation which implements this Act.''.
    (b) Conforming Amendment.--Section 6(g)(2)(A) (16 U.S.C. 
1535(g)(2)(A)) is amended to read as follows:
            ``(A) to which the Secretary has delegated authority under 
        subsection (c); or''.

SEC. 702. STATE PROGRAMS AFFECTED BY THE CONVENTION.

    Section 8A (16 U.S.C. 1537a), as amended by section 207(b) of this 
Act, is amended by adding at the end the following new subsection:
    ``(h) Issuance of Permits for Export.--
            ``(1) Compliance with state recommendation.--In any 
        instance in which a State has a program for management of a 
        native species which is the subject of a request for an export 
        permit under the Convention, the Secretary shall act in 
        accordance with the recommendation of the State unless the 
        Secretary makes a finding and publishes a notice in the Federal 
        Register that scientific evidence justifies a conclusion 
        contrary to the advice of the State.
            ``(2) Appeal.--The State which is the subject to such a 
        finding, or any person in that State directly affected because 
        of inability to obtain a permit, may appeal the finding to an 
        Administrative Law Judge or a court. The burden shall be on the 
        Secretary to show that the evidence supports a finding contrary 
        to the recommendation of the State.''.

              TITLE VIII--FUNDING OF CONSERVATION MEASURES

SEC. 801. AUTHORIZING INCREASED 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) through (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 1996, $120,000,000 for fiscal year 
        1997, $130,000,000 for fiscal year 1998, $140,000,000 for 
        fiscal year 1999, $150,000,000 for fiscal year 2000, and 
        $160,000,000 for fiscal year 2001;
            ``(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 1996, $20,000,000 for fiscal year 1997, $25,000,000 
        for
         fiscal year 1998, $30,000,000 for fiscal year 1999, 
$35,000,000 for fiscal year 2000, and $40,000,000 for fiscal year 2001; 
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 1996 through 2001.
    ``(b) Cooperative Management Agreements.--There are authorized to 
be appropriated to the Department of the Interior to carry out section 
6(b), $20,000,000 for each of fiscal years 1996 through 2001, to remain 
available until expended.
    ``(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 1996 through 2001, to remain 
available until expended.
    ``(d) Non-Federal Conservation Planning.--There are authorized to 
be appropriated to the Department of the Interior to carry out section 
10(a)(2)(F) $20,000,000 for each of fiscal years 1996 through 2001, to 
remain available until expended.
    ``(e) Habitat Conservation Grants.--There are authorized to be 
appropriated to the Department of the Interior to provide habitat 
conservation grants under section 6(b)(14) $20,000,000 for each of 
fiscal years 1996 though 2001, to remain available until expended.''.

SEC. 802. FUNDING OF FEDERAL MANDATES.

    Section 16 is amended to read as follows:

``SEC. 16. FEDERAL COST-SHARING REQUIREMENTS FOR CONSERVATION 
              OBLIGATIONS.

    ``(a) Direct Costs Defined.--In this section, the term `direct 
costs' means--
            ``(1) expenditures on labor, material, facilities, 
        utilities, equipment, supplies and other resources which are 
        necessary to undertake a specific conservation measure;
            ``(2) increased purchase power costs and lost revenues 
        caused by changes in the operation of a hydropower system from 
        which the non-Federal person or Federal power marketing 
        administration markets power to meet a specific conservation 
        measure; and
            ``(3) other reimbursable costs specifically identified by 
        the Secretary as directly related to the performance of a 
        specific conservation measure.
    ``(b) Cost-Sharing.--
            ``(1) Conservation plans.--For any non-Federal person or 
        Federal power marketing administration, the Secretary shall pay 
        50 percent of any direct costs that result from the compliance 
        by the person or administration mandated by a conservation plan 
        issued under section 5 or any conservation measure that 
        provides protection to a listed species under a plan developed 
        under the Pacific Northwest Electric Power Planning and 
        Conservation Act (16 U.S.C. 839 et seq.) including a plan that 
        provides protection to a larger population unit of the same 
        listed species.
            ``(2) Consultation requirements.--For any non-Federal 
        person or Federal power marketing administration, the Secretary 
        shall pay 50 percent of direct costs that result solely from 
        requirements imposed by the Secretary on the person or 
        marketing administration under section 7.
            ``(3) Incidental take permits.--For any non-Federal person 
        issued an incidental take permit under section 10, the 
        Secretary shall pay to such person 50 percent of the direct 
        costs of preparing the application for the permit and 
        implementing the terms and conditions of the permit.
            ``(4) Cooperative management agreements.--The Secretary 
        shall pay 50 percent of the direct costs of preparing and 
        implementing the terms and conditions of a cooperative 
        management agreement incurred by a party to the agreement and 
        any costs incurred by any other non-Federal person or Federal 
        power marketing administration subject to the terms of such 
        agreement.
    ``(c) Method of Cost-Sharing.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary may make a contribution required under subsection (b) 
        by--
                    ``(A) providing a habitat reserve grant under 
                section 6(b)(14);
                    ``(B) acquiring, from or for the party to the cost-
                share, land or an interest in land as provided in 
                section 5A; or
                    ``(C) providing appropriated funds.
            ``(2) Cost-share payment for federal power marketing 
        administrations and other state or local governmental 
        entities.--The Secretary shall make a contribution under 
        subsection (b) to a Federal power marketing administration or 
        any other State or local governmental entity by providing 
        appropriated funds directly to the administration or 
        governmental entity.
            ``(3) Appropriated funds.--To the maximum extent 
        practicable, any appropriated funds paid by the Secretary under 
        paragraphs (1) and (2) shall be paid directly (in lieu of 
        reimbursement) to the party, person, or administration.
            ``(4) Loans.--The Secretary may not consider a loan to the 
        party to the cost-share as a contribution or portion of a 
        contribution under subsection (b).
            ``(5) Recovered costs.--The Secretary may not claim as a 
        portion of the Federal share under subsection (b) any costs to 
        the Federal Government that are recovered through rates for the 
        sale or transmission of power or water.
            ``(6) Effect of federal nonpayment.--If the Secretary fails 
        to make the contribution required under subsection (b), the 
        application of the applicable provision of the conservation 
        plan, requirement under section 7, term under the incidental 
        take permit, or provision of the cooperative management 
        agreement shall be suspended until such time as the full 
        contribution is made. If the suspended provision or requirement 
        includes a conservation easement or other instrument 
        restricting title to the property of the non-Federal person, 
        nonpayment of the full contribution shall result in the 
        nullification of the previously granted restriction on title.
            ``(7) In-kind contributions.--A non-Federal person or 
        Federal power marketing administration may include in-kind 
        contributions in calculating the appropriate share of the costs 
        of the person or administration under this section.
            ``(8) Costs paid by the secretary.--Compensation from the 
        Federal Government under section 19 may not cover costs 
        incurred by a non-Federal person that were otherwise paid by 
        the Secretary under subsection (b).
    ``(d) Existing Cost-Sharing Agreements.--Any cost-sharing agreement 
with a non-Federal person provided in any recovery plan or other 
agreement in existence prior to the date of enactment of this 
subsection shall remain in effect unless the non-Federal person 
requests that the cost-sharing percentage be reconsidered.
    ``(e) Adjustments to Cost-Sharing Percentage.--At the request of 
the non-Federal person, the Secretary may adjust the percentage of the 
Federal contribution to a higher share.''.
SEC. 803. ENDANGERED SPECIES AND THREATENED SPECIES CONSERVATION TRUST 
              FUND.

    Section 13 is amended to read as follows:

``SEC. 13. ENDANGERED SPECIES AND THREATENED SPECIES CONSERVATION TRUST 
              FUND.

    ``(a) Establishment.--There is established in the general fund of 
the Treasury a separate account which shall be known as the `Endangered 
Species and Threatened Species Conservation Trust Fund' (in this 
section referred to as the `Fund').
    ``(b) Contents.--The Fund shall consist of the following:
            ``(1) Amounts received as gifts, bequests, and devises 
        under subsection (d).
            ``(2) Other amounts appropriated to or otherwise deposited 
        in the Fund.
    ``(c) Use.--Amounts in the fund shall be available to the 
Secretary, subject to appropriations, for the following:
            ``(1) Payment of compensation under section 19.
            ``(2) Habitat conservation grants under section 6(b)(11).
            ``(3) Payment of cost sharing under section 16.
    ``(d) Gifts, Bequests, and Devises.--
            ``(1) In general.--The Secretary may accept, use, and 
        dispose of gifts, bequests, or devises of services or property, 
        both real and personal, for the purpose of carrying out this 
        Act.
            ``(2) Deposit into fund.--Gifts, bequests, or devises of 
        money, and proceeds from sales of other property received as 
        gifts, bequests, or devises, shall be deposited in the Fund and 
        shall be available for disbursement upon order of the 
        Secretary.
            ``(3) Treatment.--For purposes of Federal income, estate, 
        and gift taxes, property accepted under this subsection shall 
        be considered as a gift, bequest, or devise to the United 
        States.''.
                   TITLE IX--MISCELLANEOUS PROVISIONS

SEC. 901. AMENDMENTS TO DEFINITIONS.

    Section 3 (16 U.S.C. 1532) is amended--
            (1) by adding after paragraph (16) (as added by section 
        401(e)(1) of this Act) the following new paragraph:
            ``(17) The term `non-Federal person' means a person other 
        than an officer, employee, agent, department, or 
        instrumentality of the Federal Government or a foreign 
        government, acting in the official capacity of the person.''; 
        and
            (2) by amending paragraph (3) (as redesignated by section 
        102(a)(1) of this Act) to read as follows:
            ``(3) The term `commercial activity' means all activities 
        of industry and trade, including, but not limited to, the 
        buying or selling of commodities and activities conducted for 
        the purpose of facilitating such buying and selling, except 
        that it does not include exhibition of commodities or species 
        by exhibitors licensed under the Animal Welfare Act (7 U.S.C. 
        2131 et seq.), museums, or similar cultural or historical 
        organizations.''.

SEC. 902. REVIEW OF SPECIES OF NATIONAL INTEREST.

    No later than 60 days after the date of the enactment of this Act, 
the Secretary (as that term is defined in section 3 of the Endangered 
Species Act of 1973, as amended by this Act) shall identify those 
species which are listed under section 4 of that Act as a result of 
being determined to be a population segment. No later than one year 
after the date of the enactment of this Act, the Secretary shall review 
and determine whether or not it is in the national interest to continue 
to list each such population segment. Those population segments which 
the Secretary recommends for continued listing in the national interest 
shall be submitted to the Congress for approval. Any population segment 
which is not determined to be in the national interest shall be 
delisted within 60 days after that determination.
SEC. 903. PREPARATION OF CONSERVATION PLANS FOR SPECIES LISTED BEFORE 
              ENACTMENT OF THIS ACT.

    (a) Listed Species Without Recovery Plans.--
            (1) Priority for development of conservation plans.--Not 
        later than 30 days after the date of enactment of this Act, the 
        Secretary (as defined in section 3 of the Endangered Species 
        Act of 1973, as amended by this Act) shall publish a list of 
        all species that were determined to be endangered species or 
        threatened species under section 4 of the Act (16 U.S.C. 1533) 
        for which no final recovery plans were issued under section 
        4(f) of the Act (16 U.S.C. 1533(f)) (as in effect on the day 
        before the date of enactment of this Act) divided equally into 
        three tiers of priority for preparation of conservation 
        objectives and conservation plans therefor pursuant to section 
        5 of the Act. Any species which is listed as an endangered 
        species or threatened species in more than one State shall be 
        placed in the first tier of priority.
            (2) Schedule for adoption of plans.--The Secretary shall 
        publish pursuant to section 5 of the Endangered Species Act of 
        1973 a conservation objective, draft conservation plan, and 
        final conservation plan (except when a conservation objective 
        is published pursuant to section 5(b)(3)(C) of such Act) for 
        each species within each tier of priority identified pursuant 
        to paragraph (1) within the following periods after the date of 
        enactment of this Act:
                    (A) Conservation objective: First tier, 120 days; 
                second tier, 12 months; and third tier, 24 months.
                    (B) Draft conservation plan: First tier, 6 months; 
                second tier, 18 months; and third tier, 30 months.
                    (C) Final conservation plan: First tier, 12 months; 
                second tier, 24 months; and third tier, 36 months.
    (b) Listed Species With Recovery Plans.--
            (1) Priority for revision of existing plans.--Except as 
        provided in paragraph (3), 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) shall continue in effect until the expiration of 
        the deadline for revision thereof established under this 
        paragraph. Within 90 days after the date of enactment of this 
        Act, the Secretary shall publish a list of all species that 
        were determined to be endangered species or threatened species 
        under section 4 of such Act (16 U.S.C. 1533) and for which 
        final recovery plans were issued under section 4(f) of such Act 
        (16 U.S.C. 1533(f)) (as in effect on the day before the date of 
        enactment of this Act) divided equally into three tiers of 
        priority for preparation of conservation objectives pursuant to 
        section 5(b) of such Act and revisions of the recovery plans 
        consistent with the requirements for conservation plans set 
        forth in section 5(c) of such Act. Any species which is listed 
        as an endangered species or threatened species in more than one 
        State shall be placed in the first tier of priority.
            (2) Schedule for revision of plans.--The Secretary shall 
        publish pursuant to section 5 of the Endangered Species Act of 
        1973 a conservation objective, draft revision of the existing 
        recovery plan, and final revision of the existing recovery plan 
        (except when a conservation objective is published pursuant to 
        section 5(b)(3)(C) of such Act) for each species within each 
        tier of priority identified pursuant to paragraph (1) within 
        the following periods after the date of enactment of this Act:
                    (A) Conservation objective: First tier, 180 days; 
                second tier, 18 months; and third tier, 30 months.
                    (B) Draft revised recovery plan: First tier, 12 
                months; second tier, 24 months; and third tier, 36 
                months.
                    (C) Final revised recovery plan: First tier, 18 
                months; second tier, 30 months; and third tier, 42 
                months.
            (3) Species for which no conservation plan is required.--If 
        the Secretary publishes a conservation objective for which no 
        conservation plan is required pursuant to section 5(b)(3)(C) of 
        the Endangered Species Act of 1973 for any species subject to 
        this subsection, the final recovery plan applicable to the 
        species shall be rescinded.
    (c) Prohibition on Additional Requirements.--The Secretary or any 
other Federal agency may not require any increase in any measurable 
criterion contained in, or any site specific management action in 
addition to those provided in, 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) 
until such time as a conservation plan, or, pursuant to section 
5(b)(3)(C) of such Act, a conservation objective, has been published 
under section 5 of such Act.
    (d) Existing Biological Opinions.--In conjunction with the issuance 
of a conservation plan, or, pursuant to section 5(b)(3)(C) of the 
Endangered Species Act of 1973, a conservation objective under 
subsection (a) or (b), the Secretary (as defined in section 3 of such 
Act (16 U.S.C. 1532)) shall review and reissue, in accordance with 
section 7 of such Act, any written opinion of the Secretary that 
relates to the affected species and was issued after January 1, 1995, 
under section 7(b)(3) of such Act (16 U.S.C. 1536(b)(3)) (as in effect 
on the day before the date of enactment of this Act).
SEC. 904. CONFORMING AMENDMENT TO TABLE OF CONTENTS.

    The table of contents at the end of the first section is amended to 
read as follows:

                          ``TABLE OF CONTENTS
``Sec. 2. Findings, purposes, and policy.
``Sec. 3. Definitions.
``Sec. 4. Determination of endangered species and threatened species.
``Sec. 5. Species conservation plans.
``Sec. 5A. Protection of habitat.
``Sec. 6. Cooperation with non-Federal persons.
``Sec. 7. Interagency cooperation.
``Sec. 8. International cooperation.
``Sec. 8A. Convention implementation.
``Sec. 9. Prohibited acts.
``Sec. 10. Exceptions.
``Sec. 11. Penalties and enforcement.
``Sec. 12. Endangered plants.
``Sec. 13. Endangered Species and Threatened Species Conservation Trust 
                            Fund.
``Sec. 14. Notice of hearings.
``Sec. 15. Authorization of appropriations.
``Sec. 16. Federal cost-sharing requirements for conservation 
                            obligations.
``Sec. 17. Marine Mammal Protection Act of 1972.
``Sec. 18. Annual cost analysis by the Fish and Wildlife Service.
``Sec. 19. Right to compensation.
``Sec. 20. Recognizing net benefits to aquatic species.''.
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