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





                                                 Union Calendar No. 420

104th CONGRESS

  2d Session

                               H. R. 2275

                      [Report No. 104-778, Part I]

_______________________________________________________________________

                                 A BILL

      To reauthorize and amend the Endangered Species Act of 1973.

_______________________________________________________________________

                           September 9, 1996

       Reported from the Committee on Resources with an amendment

                           September 9, 1996

 Referral to the Committee on Agriculture extended for a period ending 
                    not later than September 9, 1996

                           September 9, 1996

Committee on Agriculture discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed





                                                 Union Calendar No. 420
104th CONGRESS
  2d Session
                                H. R. 2275

                      [Report No. 104-778, Part I]

      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

                           September 9, 1996

Additional sponsors: Mr. Dickey, Mr. Chapman, Mr. Shuster, Mr. Ney, Mr. 
 Spence, Mr. Tiahrt, Mr. Camp, Mr. Gekas, Mr. McDade, Mr. Norwood, Mr. 
Deal of Georgia, Mr. Christensen, Mr. Bateman, Mr. Metcalf, Mr. LaHood, 
  Mr. Hastert, Mr. Parker, Ms. Dunn of Washington, Mr. Hoekstra, Mr. 
Myers of Indiana, Mr. Scarborough, Mr. Roth, Mr. Quillen, Mr. Cremeans, 
 Mr. Bryant of Tennessee, Mr. Montgomery, Mr. Barrett of Nebraska, Mr. 
Cramer, Mrs. Myrick, Mr. Tate, Mr. Barr of Georgia, Mr. Rogers, and Mr. 
                               Underwood
   Deleted sponsor: Mr. Martinez (added September 14, 1995; deleted 
                          September 28, 1995)

                           September 9, 1996

       Reported from the Committee on Resources with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           September 9, 1996

 Referral to the Committee on Agriculture extended for a period ending 
                    not later than September 9, 1996

                           September 9, 1996

Committee on Agriculture discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                           September 7, 1995]

_______________________________________________________________________

                                 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.
Sec. 209. International cooperation to conserve sea turtles.

  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.
Sec. 308. Determinations by the Secretary to delist.

     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.
Sec. 508. Delegation of authority to States.

                     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.
Sec. 703. Collaborative rulemaking with the States.

              TITLE VIII--FUNDING OF CONSERVATION MEASURES

Sec. 801. Authorizing increased appropriations.
Sec. 802. Funding of Federal mandates.
Sec. 803. National Endowment for Fish and Wildlife.

                   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. Application of conservation plans for single or multiple 
                            species to habitat conservation plans 
                            approved prior to this Act.
Sec. 905. Washington County, Utah Desert Tortoise Habitat Conservation 
                            Plan.
Sec. 906. Taking of species to conserve listed species.
Sec. 907. Conforming amendments.
Sec. 908. Application of provisions to certified applicators of 
                            registered pesticides.

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 and not 
        prevailing over 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 within 90 days 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.--An agency may not take any action 
limiting the use of private property unless the agency has given 
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.
            ``(11) FACA.--Consultation with States pursuant to this 
        section shall not be subject to the Federal Advisory Committee 
        Act (5 U.S.C. App.).''.

SEC. 103. GRANTS FOR IMPROVING AND CONSERVING HABITAT FOR SPECIES.

    Section 6 (16 U.S.C. 1535), as amended by section 105 of this Act, 
is further amended by adding at the end the following new subsection:
    ``(k) Habitat Conservation Grants.--(1) 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 or 
for any conservation measures that enhances the survivability of such 
species, including predator control.
    ``(2) The Secretary may provide a grant under this subsection if 
the Secretary determines that--
            ``(A) the property for which the grant is provided contains 
        habitat that significantly contributes to the protection of the 
        population of the species;
            ``(B) 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
            ``(C) the management of the habitat advances the interest 
        of species protection.
    ``(3) A grant made under this subsection 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. 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;
                    ``(D) is incidental to, and not the purpose of, the 
                carrying out of an otherwise lawful activity that 
                consists of--
                            ``(i) on-going maintenance, routine 
                        operation or use, and emergency repair of 
                        existing pipelines, fire breaks, transmission 
                        and distribution lines, groundwater recharge 
                        facilities and areas, water storage facilities, 
                        water conveyance structures and channels, and 
                        appurtenant facilities;
                            ``(ii) road and right-of-away maintenance, 
                        use, and repair; or
                            ``(iii) emergency repair or restoration of 
                        any property or non-Federal facility to the 
                        condition in which it existed or operated 
                        immediately before an emergency or disaster, 
                        meeting current standards; or
                    ``(E) 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 species 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 (a)(1) by striking ``knowingly'' each 
        place it appears and inserting ``with specific intent'';
            (7) in subsection (b)(1) by striking ``knowingly'' each 
        place it appears and inserting ``with specific intent'';
            (8) in subsection (e) by adding at the end the following 
        new paragraph:
            ``(7) Adoption of regulations.--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--
                    ``(A) a plain-language explanation of the reasons 
                for and purpose of the proposed rule;
                    ``(B) an analysis of the anticipated impact of the 
                proposed rule;
                    ``(C) an analysis showing that the restoration 
                benefit of the proposed rule outweighs any negative 
                conservation impact of that proposed rule;
                    ``(D) an analysis showing that compliance with the 
                proposed rule is reasonably within the means of the 
                State or the range nation concerned; and
                    ``(E) 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.
            ``(8) Basis for refusal of entry.--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.
            ``(9) Detention for purpose of identification.--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 except 
        where the specimen has been substantially changed from its 
        natural appearance, in which case it may be retained for an 
        additional 30 days for identification. If the specimen cannot 
        be positively identified within that time, then it shall be 
        released.''; and
            (9) 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 an action 
        that proximately and foreseeably kills or physically injures an 
        identifiable member of an endangered 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.
            ``(C) Any person that is not an owner of property is 
        prohibited from participating in the consultation process under 
        this paragraph with respect to the property without written 
        permission from the owner of the property.''.

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.--A non-Federal person may submit 
        a species conservation plan prepared under this subsection for 
        the conservation of multiple species to the Secretary for 
        approval under subsection (a)(2). If the Secretary approves the 
        plan, the Secretary shall issue an incidental take permit 
        authorizing take of any threatened species subject to the plan 
        under section 4(d). The Secretary shall also recommend terms 
        and conditions to address species subject to the plan which 
        have not been determined to be endangered species or threatened 
        species.
            ``(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, except that the 
        Secretary's recommendations under paragraph (2) shall become 
        terms and conditions of the permit. No additional restrictions 
        or prohibitions under this Act shall be imposed upon the plan 
        permittee for such species or geographic area beyond those 
        provided for in the approved plan or the permit terms and 
        conditions.
            ``(4) Consideration of state recommendations.--The 
        Secretary shall, in cooperation with the States, develop a 
        process whereby full consideration can be given to State 
        recommendations regarding standards and guidelines for the 
        development and approval of a broad range of multiple species 
        conservation plans. To the maximum extent practicable and 
        consistent with the conservation of the affected species, such 
        standards and guidelines shall--
                    ``(A) develop clear criteria by which conservation 
                plans would be approved;
                    ``(B) encourage the development of conservation 
                plans which would reduce economic impacts while 
                providing conservation of affected species;
                    ``(C) include assurances that further conservation 
                measures would not be required of a non-Federal person 
                should any species dependent upon that habitat type be 
                subsequently listed unless any additional costs are 
                assumed by the Secretary; and
                    ``(D) provide incentives to a non-Federal person 
                who voluntarily agrees to manage to enhance habitat for 
                species on their property by excluding them from 
                restrictions if they later return their land to its 
                previous condition or use.
            ``(5) Technical assistance or guidance.--To the maximum 
        extent practicable, the Secretary and other Federal agencies, 
        in cooperation with the affected States, are authorized and 
        encouraged to provide technical assistance or guidance to any 
        non-Federal person who is developing a multiple species 
        conservation plan pursuant to this subsection.''.
    (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.''.
    (e) Expedited Permitting Process for Low-Impact Activities.--
Section 10(a), as amended by subsections (b) and (d) of this section 
and sections 203, 205(a), and 401(f) of this Act, is amended by adding 
at the end the following new paragraph:
            ``(9) Expedited permitting process for low-impact 
        activities.--(A) Not later than 180 days after the date of the 
        enactment of the Endangered Species Conservation and Management 
        Amendments of 1995, the Secretary shall issue regulations which 
        establish a simple, standardized application form for a permit 
        under paragraph (1)(B) for a low-impact activity.
            ``(B) If a person submits an application for a permit under 
        paragraph (1)(B) in accordance with the form established by the 
        Secretary under subparagraph (A)--
                    ``(i) the person shall not be required to submit 
                any other information to obtain the permit; and
                    ``(ii) the Secretary shall complete processing of 
                the application, and approve or deny the permit, within 
                30 days after the date the Secretary receives the 
                completed application.
            ``(C) The regulations under this paragraph--
                    ``(i) shall describe classes of activities that are 
                low-impact activities for purposes of this paragraph; 
                and
                    ``(ii) shall treat as a low-impact activity any 
                activity which has no significant effect on the 
                survival of endangered species and threatened species.
            ``(D) For purposes of this paragraph, the term `low-impact 
        activity' means an activity in a class of activities described 
        in regulations under subparagraph (C)(i).''.

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 an educational or 
        propagation permit as authorized in subparagraph (A) within 30 
        days from the effective date of this subparagraph to any 
        qualified organization or qualified person for educational or 
        propagation purposes, who has demonstrated the ability to 
        propagate, handle, or recover species for a minimum of 15 years 
        or who had at least 10 permits in the aggregate issued pursuant 
        to this Act or any of the 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:

``SEC. 20. RECOGNIZING NET BENEFITS TO AQUATIC SPECIES.

    ``(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 may assist in finding 
        funds from private sources 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:
    ``(h) 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 
        which is a party to the Convention 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),''.

SEC. 209. INTERNATIONAL COOPERATION TO CONSERVE SEA TURTLES.

    (a) In General.--The Secretary of State, in consultation with the 
Secretary of Commerce and the Secretary of the Interior, may enter into 
international agreements for the conservation of sea turtles listed 
under section 4 of the Endangered Species Act of 1973, as amended by 
this Act.
    (b) Terms of Agreement.--Any international agreement entered into 
under this section shall--
            (1) provide for the conservation of the habitat and nesting 
        beaches of sea turtles and encourage national programs to 
        enhance sea turtle populations;
            (2) include provisions with respect to commercial fishing 
        to ensure that--
                    (A) the capture, injury, and mortality of sea 
                turtles incidental to such fishing are reduced to the 
                extent practicable;
                    (B) the productivity of commercial fisheries is 
                maintained; and
                    (C) measures taken by the nations concerned to 
                reduce the capture, injury, and mortality of sea 
                turtles incidental to such fishing are comparable to 
                each other;
            (3) create an institutional mechanism for international 
        cooperation on a continuing basis which can take account of new 
        developments and information, adopt measures relating to 
        commercial fishing, and otherwise facilitate international 
        cooperation;
            (4) provide for international cooperation in scientific 
        research on sea turtles; and
            (5) provide for effective monitoring and evaluation of 
        measures taken by each country that is party to the agreement 
        to ensure compliance with the agreement by persons and vessels 
        subject to its jurisdiction.
    (c) Entry Into Force.--International agreements entered into under 
this section shall enter into force for the United States in accordance 
with the procedures for governing international fishery agreements set 
forth in section 203 of the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1823).
    (d) Acceptance and Implementation of Recommendations.--The 
Secretary of State is authorized to act for the United States with 
respect to any international agreement entered into under this section, 
and to receive, on behalf of the United States, any recommendations for 
the conservation of sea turtles made pursuant to such agreement. Any 
such recommendation shall be acted on by the United States unless the 
Secretaries of State, Commerce, and the Interior agree otherwise. The 
Secretary of Commerce or the Secretary of the Interior shall promulgate 
such regulations as may be necessary to carry out any such agreement or 
recommendation as has been accepted by the United States, except that 
no regulation promulgated under this Act may impose restrictions on 
United States commercial fishing vessels which decrease the 
productivity of such vessels more than provided for in an agreement or 
recommendation approved under this section.
    (e) Report.--The Secretary of State shall submit to Congress, not 
later than May 1, 1996, and every year thereafter a report describing 
the efforts of the Secretary to implement this section, the results of 
such efforts, and any plans for further such efforts. The report shall 
contain a list of the countries participating effectively in and 
complying with agreements which have been approved pursuant to 
subsection (c).
    (f) Effect on Prior Law.--Section 609(b) of the Act making 
appropriations for the Departments of Commerce, Justice, and State, the 
Judiciary, and related agencies for the fiscal year ending September 
30, 1990, and for other purposes (16 U.S.C. 1537 note) shall not apply 
to any country that is a party to, and is complying with, an agreement 
entered into under this section whose geographical scope includes the 
Gulf of Mexico and the Wider Caribbean Sea. The Secretary of State is 
encouraged to enter into international agreements under this section 
which include other regions not affected by that Act.

  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.--Section 4 (16 U.S.C. 1533) is 
        amended--
                    (A) by striking so much as precedes subsection 
                (a)(2) and inserting the following:

``SEC. 4. DETERMINATION OF ENDANGERED SPECIES AND THREATENED SPECIES.

    ``(a) Generally.--(1) 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:
            ``(A) The present or threatened loss of its habitat.
            ``(B) Overutilization for commercial, recreational, 
        scientific, or educational purposes.
            ``(C) Disease or predation.
            ``(D) The inadequacy of existing Federal, State, and local 
        government regulatory mechanisms.
            ``(E) Other natural or manmade factors affecting its 
        continued existence.'';
                    (B) by striking paragraph (3) of subsection (a); 
                and
                    (C) by amending so much of subsection (b) as 
                precedes paragraph (3) to read as follows:
    ``(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.
            ``(C) In making a determination whether a species is an 
        endangered species or threatened species under this section, 
        the Secretary shall consider the future conservation benefits 
        to be provided to the species under any species conservation 
        plans prepared pursuant to section 10 or to any cooperative 
        management agreement entered into under section 6.
            ``(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) Standards for taxonomic decisions.--Section 4(b)(1) (15 
        U.S.C. 1533(b)(1)), as amended by paragraph (1), is further 
        amended by adding at the end the following:
    ``(D) Within 18 months after the date of the enactment of the 
Endangered Species Conservation and Management Act of 1995, the 
Secretary shall promulgate scientifically valid standards for rendering 
taxonomic determinations of species and subspecies. The standards shall 
provide that to be eligible for determination as a subspecies under 
this Act, a subspecies must be reproductively isolated from other 
subspecific population units and constitute an important component in 
the evolutionary legacy of the species.''.
            (3) 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 and genetic data, 
        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.''; and
            (4) 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. 1538(b)(8)) is 
amended--
            (1) by striking ``the data'' and inserting ``the best 
        scientific and commercial data available''; and
            (2) by adding at the end the following new sentence: ``Each 
        regulation proposed by the Secretary to implement a 
        determination referred to in subsection (a)(1) shall be based 
        only upon 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.''.
    (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.''.
    (h) Analysis of Economic and Social Effects.--Section 4(b) (16 
U.S.C. 1533(b)), as amended by section 305(d) of this Act, is further 
amended by adding at the end the following new paragraph:
            ``(12) Analysis of economic and social costs.--Concurrently 
        with a determination that a species warrants listing as an 
        endangered species or threatened species, the Secretary shall 
        issue an analysis of the economic and social effects the 
        listing may have. The analysis shall be published in the 
        Federal Register with the listing determination and shall 
        include an estimate of the effects the listing may have on 
        Federal, State, and local expenditures and revenues, and the 
        costs and benefits of the listing for the private sector, 
        including lost opportunity costs.''.

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 or the State in 
                        which the species is located;
                            ``(iii) who has not actively participated 
                        in the prelisting or listing processes or 
                        advocated that a listing decision be made;
                            ``(iv) who has not been employed by or 
                        under contract to the Secretary or the State in 
                        which the species is located for work related 
                        to the action or species under consideration; 
                        and
                            ``(v) who has no direct financial interest, 
                        and is not employed by any person with a direct 
                        financial interest, in opposing the action 
                        under consideration.
            ``(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. The report of the peer 
        reviewers shall be included in the official record of the 
        proposed action and shall be available for public review prior 
        to the close of the comment period on the regulation.''.

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, including at least one 
        hearing in an affected rural area specified by the Governor of 
        the State, if the Governor determines that 1 or more rural 
        areas within the State are affected by the determination.''; 
        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 and Meetings.--Section 14 is amended to read 
as follows:

``SEC. 14. PUBLIC HEARINGS AND PUBLIC MEETINGS.

    ``(a) In General.--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.
    ``(b) Hearings.--Public hearings held pursuant to this Act shall 
provide an opportunity for the public to make statements and receive 
information from the agency regarding the impact of the proposal that 
is the subject of the public hearing. To the maximum extent 
practicable, the Secretary shall ensure that members of the public are 
provided with the information sought at the public hearing.''.

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.
                    ``(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 
                        invite the determination of such State as to 
                        whether the action is warranted and if the 
                        Governor notifies the Secretary that the action 
                        is not warranted, the Secretary must provide to 
                        the Governor a record of decision for such 
                        determination, including information made 
                        available to the Secretary which did not 
                        support the determination, and the written 
                        reasons for the determination;
                    ``(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;
                    ``(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; and''.
    (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 Governor who 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. If the Secretary 
adopts a final regulation in conflict with comments made by the 
Governor of a State or fails to adopt a regulation pursuant to an 
action petitioned by a Governor under subsection (b)(3) of this 
section, the Secretary shall submit to the Governor a written 
justification for the failure of the Secretary to adopt regulations 
consistent with the comments or petition of the Governor.''.
    (d) FACA.--Section 4(b) (16 U.S.C. 1533(b)), as amended by section 
301(a)(3) and (f) of this Act, is further amended by adding at the end 
the following new paragraph:
            ``(11) FACA.--Consultation with States regarding petitions 
        and proposed regulations under this subsection shall not be 
        subject to the Federal Advisory Committee Act (5 U.S.C. 
        App.).''.

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 an imminent threat to the 
        existence 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(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;
                    ``(iii) the population level target established for 
                the species in a conservation plan under section 
                5(c)(3)(C)(vii) has been achieved; or
                    ``(iv) the original listing of the species did not 
                undergo adequate peer review.
            ``(H)(i) After receiving a petition under subparagraph (G), 
        the Secretary shall complete a review of the species, which 
        review shall include the solicitation of information as 
        described in subparagraph (F).
            ``(ii) The determination of the Secretary with respect to 
        such petition shall be considered an action for purposes of 
        subsection (i).
            ``(iii) If the Secretary has not made a final determination 
        by the end of the 18-month period beginning on the date of the 
        filing of a petition under subparagraph (G), the species 
        covered by the petition shall not be considered to be an 
        endangered species or threatened species for the purposes of 
        this Act and shall not be included or considered to be included 
        in any list published under subsection (c).
            ``(iv) If, following review required under clause (i) of 
        this paragraph and subsection (i) of this section, the final 
        determination of the Secretary is to retain the species as an 
        endangered species or threatened species on a list published 
        under subsection (c), that decision shall be considered to be a 
        listing determination for purposes of section 5.
            ``(v) This subparagraph shall not apply to a petition to 
        delist a species for which a review, as required by this 
        subparagraph, has been conducted by the Secretary in the 
        preceding 10-year period.''.

SEC. 308. DETERMINATIONS BY THE SECRETARY TO DELIST.

    Section 4(c)(2) (16 U.S.C. 1533(c)(2)) is amended to read as 
follows:
    ``(2) The Secretary shall--
            ``(A) conduct, at least once every 5 years, a review of all 
        species included in a list which is published pursuant to 
        paragraph (1) and which is in effect at the time of such 
        review; and
            ``(B) determine on the basis of such review whether any 
        such species should--
                    ``(i) be removed from such list, which shall be 
                proposed within 90 days of the date upon which it is 
                determined 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;
                    ``(ii) be changed in status from an endangered 
                species to a threatened species; or
                    ``(iii) be changed in status from a threatened 
                species to an endangered species.
Each determination under subparagraph (B) shall be made in accordance 
with the provisions of subsections (a) and (b) of this section.''.

     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) and (e), 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 species proposed for listing.--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.
            ``(6) Demonstration by secretary required.--The Secretary 
        shall have the responsibility of demonstrating, based on the 
        best information available at the time of the request for 
        consultation, that--
                    ``(A) a threatened species or endangered species or 
                its respective critical habitat is located in the 
                geographic area that would be affected by the proposed 
                action; and
                    ``(B) such proposed action will jeopardize the 
                continued existence of a threatened species or 
                endangered species.
            ``(7) Prohibition on opinions based on insufficient data.--
        The Secretary shall not issue an opinion under subsection (b) 
        that a proposed action will jeopardize the continued existence 
        of a threatened or endangered species based on the 
        insufficiency of available data on the impact of a proposed 
        action on such 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:
            ``(10) Relationship to duties under other laws.--(A) The 
        responsibilities of a Federal agency under this Act 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.
            ``(11) 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. In the development of a biological opinion, 
the Secretary shall solicit and utilize information and advice from the 
Governor of any State in which is located a species or land that is the 
subject of the Federal action requiring consultation.
            ``(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.
            ``(v) No additional measures to minimize or mitigate 
        impacts on a species that is a subject of an opinion issued 
        under this paragraph shall be required of a permit applicant or 
        licensee that is in compliance with the opinion and any 
        agreement or permit issued to implement the opinion.''.
    (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.''.
    (f) Restriction on New or Additional Requirements.--
            (1) Compliance with biological opinion.--Section 7(b) (16 
        U.S.C. 1536(b)) is amended by adding at the end the following 
        new paragraph:
    ``(5) The Secretary shall, once a Biological Opinion has been 
rendered and the applicant has agreed to the terms and conditions 
contained in the Biological Opinion, provide to the applicant a written 
approval which shall guarantee that, so long as the project at issue is 
pursued consistent with the Biological Opinion, the applicant shall not 
be subject to new or additional requirements for the specific 
protection of any species beyond the requirements set forth in the 
Biological Opinion. All public entities shall be bound by the 
Secretary's approval.''.
            (2) Compliance with permit.--Section 10(a) (16 U.S.C. 
        1539(a)) is further amended by adding at the end the following 
        new paragraph:
            ``(8) Restriction on new or additional requirements.--The 
        Secretary shall, as part of the conservation planning process, 
        guarantee that, so long as the permittee is complying with the 
        terms and conditions of the permit issued under this section, 
        the permittee shall not be subject to new or additional 
        requirements for the specific protection of any species beyond 
        the requirements set forth in the conservation plan. All public 
        entities shall be bound by this guarantee.''.

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:
            ``(8) 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.
            ``(9) 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);
                    ``(B) a cooperative management agreement or an 
                incidental take permit; or
                    ``(C) the terms and conditions specified in a 
                written statement provided under subsection (b)(3) of 
                this section.''.

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.
        The chairman of the team shall be selected from representatives 
        of participating States or local governments.
            ``(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).
                    ``(D) The Secretary shall provide funding to the 
                team to employ or obtain such technical assistance as 
                necessary to fulfill its duties under this paragraph.
                    ``(E) Upon completion of the assessment, the 
                Secretary shall publish in the Federal Register a 
                notice of availability of the report and allow 30 days 
                for public comment.
            ``(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) or 
        4(d), 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, 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), 
                except that the species shall continue to be treated as 
                a species proposed for listing under section 4 solely 
                for purposes of section 7(a)(4).
            ``(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--
                    ``(A) may, by regulation and to the extent prudent 
                and determinable, 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;
                    ``(B) may by regulation and to the extent prudent 
                and determinable, revise a critical habitat designation 
                on determining that the critical habitat does not meet 
                the requirements of paragraph (3); and
                    ``(C) shall, by regulation and upon receiving a 
                written request from a non-Federal person requesting a 
                review of the critical habitat designation on such 
                person's private property, revise a critical habitat 
                designation on such private property on determining 
                that the critical habitat does not meet the 
                requirements of paragraph (3).
        Designation or revision 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 or revise 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, or on which the Secretary receives a 
        written request to review a critical habitat designation under 
        paragraph (1)(C).
            ``(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, has withdrawn such 
                consent in writing, 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--
            ``(i) 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; and
            ``(ii) in the case of a release of a species of predatory 
        mammal in a unit of the National Park System or the National 
        Wildlife Refuge System--
                    ``(I) require that if the species enters private 
                property, measures shall be taken to remove the species 
                from the property and protect the safety and welfare of 
                the public and domestic animals, including livestock; 
                and
                    ``(II) provide funding for such measures, including 
                compensation for diminution of property values pursuant 
                to section 19 of this Act.'';
            (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 or if designated prior to the Endangered Species 
        Conservation and Management Act of 1995, shall be removed from 
        any non-Federal land, for any experimental population 
        determined under subparagraph (B) to be not essential to the 
        continued existence of a species.'';
            (3) by adding at the end of paragraph (2) the following new 
        subparagraph:
    ``(D) The Secretary shall determine under subparagraph (B) that a 
population is not essential to the continued existence of an endangered 
species or threatened species, unless the Secretary determines on the 
basis of the best available scientific and commercial data that the 
loss of one or more of the members of the population will result in the 
extinction of the species.'';
            (4) by redesignating paragraph (3) as paragraph (6); and
            (5) by inserting after paragraph (2) the following new 
        paragraphs:
            ``(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;
                    ``(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;
                    ``(G) the regulations authorizing the release 
                obligate the Secretary to remove members of the 
                population from non-Federal land at the written request 
                of the landowner and within a reasonable period of time 
                after receiving such a request, not to exceed 90 days; 
                and
                    ``(H) the regulations authorizing the release of a 
                population that is determined under this paragraph to 
                not be essential to the survival of a species shall 
                provide that, notwithstanding any other provision of 
                this Act, a taking of a member of such population shall 
                not be treated as a taking if it is--
                            ``(i) not knowing,
                            ``(ii) not willful, or
                            ``(iii) incidental to, and not the purpose 
                        of, otherwise lawful activity.
            ``(4) Compliance with state law.--In authorizing any 
        release under paragraph (2), the Secretary shall ensure that 
        the release does not conflict with the laws of affected States 
        relating to the species to be released.
            ``(5) Determination regarding populations authorized before 
        effective date of endangered species conservation and 
        management act of 1995.--(A) For each population of a species 
        that the Secretary, before the effective date of the Endangered 
        Species Conservation and Management Act of 1995, authorized the 
        release of in a geographical area separate from the other 
        populations of the species, the Secretary shall determine by 
        regulation whether or not the population is essential to the 
        continued existence of the species.
            ``(B) If the Secretary receives a written request for the 
        issuance of a regulation under subparagraph (A) for a 
        population for which the Secretary has not issued such a 
        regulation, the Secretary shall promptly issue such a 
        regulation by not later than 180 days after receiving the 
        request.''.

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 or delegation agreement pursuant 
to section 6 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.''.

SEC. 508. DELEGATION OF AUTHORITY TO STATES.

    Section 5 is further amended by adding at the end the following new 
subsection:
    ``(n) Delegation to State.--(1) At the request of a State, the 
Secretary shall delegate either under a cooperative management plan or 
a delegation agreement as provided in section 6, to the State the 
authority to develop and implement conservation objectives and plans 
for a species or group of species determined to be endangered species 
or threatened species, unless the Secretary determines that the State 
lacks authority and capability to carry out the requirements of this 
Act. If the Secretary determines that the State lacks authority and 
capability, the Secretary shall notify the Governor of the State of the 
specific concerns and specify measures necessary to address those 
concerns and provide the Governor with the opportunity to take the 
actions necessary to address those concerns.
    ``(2) The Secretary shall monitor the actions of the State to 
develop and implement a conservation objective and conservation plan. 
The Secretary shall assist the States in coordinating their actions 
with other affected States where the species may occur.
    ``(3) If the Secretary determines that the State is not in 
compliance with this Act, the cooperative management agreement, or the 
delegation agreement, the Secretary shall so notify the State and shall 
specify the areas of noncompliance. The States shall have 60 days in 
which to respond and in which to come into compliance. If the State 
fails to adequately respond or to come into compliance, the Secretary 
is authorized to resume responsibility for the development and 
implementation of the conservation objective and plan.''.

                     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 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, contract, license, 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 may have as a goal the conservation of biological 
        diversity. Such goal shall be supplementary and secondary to 
        other purposes established for such unit by or pursuant to any 
        provision of law applicable to such unit. Management for 
        biological diversity shall not be inconsistent with or diminish 
        other unit purposes, other provisions of law applicable to such 
        unit, and activities which occur or are authorized to 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 section 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.) 
        and funds made available under section 13(c)(4) may be used for 
        the purpose of acquiring or leasing lands, waters, or interests 
        therein under this subsection.''.

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 after allowing the State in which the land being 
        exchanged is located 30 days in which to comment on the 
        exchange.
            ``(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) Impacts on Adjacent Properties.--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 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 that are 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 in the 
                State which are determined 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 endangered species and 
                threatened species;
                    ``(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;
                    ``(v) provision is made for public participation in 
                designating resident species 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 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 determined adequate under paragraph (1) shall 
        not affect the applicability of prohibitions set forth in or 
        authorized pursuant to section 4(d) or section 9(a)(1) or (2) 
        with respect to the taking of any resident endangered species 
        or threatened species in the State.
    ``(d) Allocation of Funds.--
            ``(1) Financial assistance.--(A) The Secretary may provide 
        financial assistance to any State, through its respective State 
        agency, which has entered into a cooperative management 
        agreement under subsection (b) or received authority under a 
        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--
                    ``(i) the international commitments of the United 
                States to protect endangered species or threatened 
                species;
                    ``(ii) the readiness of a State to proceed with a 
                conservation program consistent with the objectives and 
                purposes of this Act;
                    ``(iii) the number of endangered species and 
                threatened species within a State;
                    ``(iv) the potential for restoring endangered 
                species and threatened species within a State;
                    ``(v) the relative urgency to initiate a program to 
                restore and protect an endangered species or threatened 
                species in terms of survival of the species;
                    ``(vi) 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
                    ``(vii) 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.
            ``(B) 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''.
    (c) FACA.--Section 6 (16 U.S.C. 1535), as amended by sections 103 
and 105 of this Act, is further amended by adding at the end the 
following new subsection:
    ``(l) FACA.--Consultation with States regarding this section shall 
not be subject to the Federal Advisory Committee Act (5 U.S.C. 
App.).''.

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.''.

SEC. 703. COLLABORATIVE RULEMAKING WITH THE STATES.

    Section 6(h) (16 U.S.C. 1535(h)) is amended to read as follows:
    ``(h) Rulemaking Authority and Procedures.--The Secretary is 
authorized to promulgate such regulations as may be appropriate to 
carry out the provisions of this subsection, subject to the following 
requirements:
            ``(1) The Secretary shall not propose a rule, under the 
        authority of this Act, that has application in a State, until 
        the Secretary and the State have consulted and the State has 
        been given a meaningful opportunity to assist in the 
development of the rule, and shall seek to integrate into the proposed 
rule the recommendations of the State, including recommendations with 
regard to field practices.
            ``(2) The Secretary shall establish procedures for 
        rulemaking that include the applicable State within 60 days 
        after the effective date of the Endangered Species Conservation 
        and Management Act of 1995. If the rule will affect more than 1 
        State, the rule shall provide a means by which the States or 
        their representatives may participate in the rulemaking.
            ``(3) Where the term `in cooperation with the States' is 
        used in this Act, the requirements of this subsection shall 
        apply.''.

              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 
16(b)(4), $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 
16(b)(3) $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(k) $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 under section 6(b) 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. NATIONAL ENDOWMENT FOR FISH AND WILDLIFE.

    Section 13 is amended to read as follows:

``SEC. 13. NATIONAL ENDOWMENT FOR FISH AND WILDLIFE TRUST FUND.

    ``(a) Establishment.--There is established in the general fund of 
the Treasury a separate account which shall be known as the `National 
Endowment for Fish and Wildlife 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(k).
            ``(3) Payment of cost sharing under section 16.
            ``(4) Acquisition or leasing of lands, waters, or interests 
        therein under section 5A(b).
    ``(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.''.

                   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 180 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. APPLICATION OF CONSERVATION PLANS FOR SINGLE OR MULTIPLE 
              SPECIES TO HABITAT CONSERVATION PLANS APPROVED PRIOR TO 
              THIS ACT.

    A single or multiple species habitat conservation plan developed 
and approved under the Endangered Species Act of 1973 by the Secretary 
(as that term is defined in that Act) before the date of the enactment 
of this Act and a permit issued with respect to such 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 that Act. No further requirements 
shall be made by the Secretary for such plan for any reason. A party 
who has agreed prior to the effective date of this Act to manage an 
area under a single or multiple species habitat conservation plan under 
that Act shall demonstrate conservation of habitat, but shall not be 
required to relate such conservation specifically to each species with 
status under section 4 of the Endangered Species Act of 1973 or to 
species which are candidates for listing under that section.

SEC. 905. WASHINGTON COUNTY, UTAH, DESERT TORTOISE HABITAT CONSERVATION 
              PLAN.

    (a) In General.--The document entitled ``WASHINGTON COUNTY, UTAH 
DESERT TORTOISE INCIDENTAL TAKE PERMIT APPLICATION/DOCUMENTS'', dated 
June 1995, in this section referred to as the ``Plan'', is deemed to 
comply with all requirements applicable to conservation plans under 
section 10 of the Endangered Species Act of 1973, as amended by this 
Act. The Secretary (as that term is defined in that Act) shall promptly 
issue a permit under section 10(a)(1)(B) of that Act for all activities 
covered by the Plan.
    (b) Exchanges of Lands for Habitat Reserve.--
            (1) In general.--The Secretary shall take all appropriate 
        steps to acquire by exchange for Bureau of Land Management 
        lands, in accordance with the Plan, lands of equivalent value 
        that are under State or private ownership and that are offered 
        to the Secretary for such exchange by the owner of the lands. 
        Lands acquired by the Secretary under this subsection shall be 
        included in the Mojave Desert habitat reserve provided for in 
        the Plan and shall be managed in accordance with the Plan.
            (2) Valuation of lands.--For purposes of exchanges of lands 
        under this subsection, the value of lands shall be determined 
        without regard to the presence on the lands of species that are 
        listed under section 4(c) of the Endangered Species Act of 
        1973.

SEC. 906. TAKING OF SPECIES TO CONSERVE LISTED SPECIES.

    (a) In General.--Notwithstanding any other provision of law (other 
than subsection (b)), the taking of a species for the purpose of 
conserving any other species that is listed under section 4 of the 
Endangered Species Act of 1973, as amended by this Act, is not 
prohibited by the Endangered Species Act of 1973 (as so amended) or any 
other Federal law.
    (b) Limitation.--Subsection (a) does not authorize the taking of 
any species that is--
            (1) listed as a threatened species or endangered species 
        under the Endangered Species Act of 1973, as amended by this 
        Act;
            (2) depleted; or
            (3) a strategic stock.
    (c) Definitions.--In this section:
            (1) Depleted.--The term ``depleted'' means a species which 
        the Secretary (as that term is defined in the Endangered 
        Species Act of 1973, as amended by this Act), determines is 
        below its optimum sustainable population.
            (2) Strategic stock.--The term ``strategic stock'' means a 
        species stock--
                    (A) for which the level of direct human-caused 
                mortality exceeds the potential biological removal 
                level; or
                    (B) which, based on the best available scientific 
                information, is declining and is likely to be listed as 
                a threatened species under the Endangered Species Act 
                of 1973 within the foreseeable future.
            (3) Miscellaneous terms.--Each of the terms ``Secretary'', 
        ``species'', and ``taking'' has the meaning that term has in 
        the Endangered Species Act of 1973, as amended by this Act.

SEC. 907. CONFORMING AMENDMENTS.

    The Endangered Species Act of 1973, is amended by striking the 
material that follows the enacting clause and precedes section 2 and 
inserting the following:

``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    ``(a) Short Title.--This Act may be cited as the `Endangered 
Species Act of 1973'.
    ``(b) Table of Contents.--The table of contents for this Act is as 
follows:

``Sec. 1. Short title; 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. National Endowment for Fish and Wildlife Trust Fund.
``Sec. 14. Public hearings and public meetings.
``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.''.

SEC. 908. APPLICATION OF PROVISIONS TO CERTIFIED APPLICATORS OF 
              REGISTERED PESTICIDES.

    Section 1010(a) of the Act to authorize appropriations to carry out 
the Endangered Species Act of 1973 during fiscal years 1988, 1989, 
1990, 1991, and 1992, and for other purposes (7 U.S.C. 136a note) is 
amended by inserting after the first sentence the following: ``Nothing 
in this Act or the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) shall be construed as prohibiting certified applicators, as that 
term is defined in section 2(e) of the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. 136(e)), or persons working under their 
direct supervision, from applying a registered pesticide in or around a 
commercial facility located within the critical habitat of a listed or 
endangered species for the purpose of preventing, destroying, 
repelling, or mitigating any pest, including but not limited to rats, 
mice, ground squirrels, or other rodents that may pose a threat to 
public health or safety; nor shall anything in this Act or the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) be construed as 
requiring or authorizing the Administrator of the Environmental 
Protection Agency by means of pesticide labeling, regulation, or 
otherwise from prohibiting certified applicators, as that term is 
defined in section 2(e) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136(e)), or persons working under their 
direct supervision, from engaging in the activities described in the 
foregoing clause. The term `commercial facility' as used in the 
preceding sentence means any structure or other facility that is 
intended for nonresidential use, including but not limited to food 
processing plans, food warehouses, grocery stores, feed lots, 
restaurants, and retail shopping malls. Neither this Act nor the 
Endangered Species Act of 1973 (15 U.S.C. 1531 et seq.) shall place any 
additional restrictions on the use of the United States Department of 
Agriculture registered toxicants.''.