[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1364 Introduced in Senate (IS)]

  1st Session
                                S. 1364

 To reauthorize and amend the Endangered Species Act of 1973, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 26, 1995

Mr. Kempthorne (for himself, Mr. Warner, Mr. Faircloth, Mr. Inhofe, Mr. 
   Thomas, Mr. McConnell, Mr. Craig, Mr. Bennett, Mr. Burns, and Mr. 
   Cochran) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To reauthorize and amend the Endangered Species Act of 1973, and for 
                            other purposes.

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

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

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

Sec. 1. Short title; table of contents; references.
Sec. 2. Findings, purposes, and policy.
Sec. 3. Definitions.
Sec. 4. Determination of endangered species and threatened species.
Sec. 5. Coordination of species conservation efforts; species 
                            conservation plans.
Sec. 6. Land acquisition.
Sec. 7. Cooperation with non-Federal persons.
Sec. 8. Interagency cooperation.
Sec. 9. International cooperation.
Sec. 10. Convention implementation.
Sec. 11. Prohibited acts.
Sec. 12. Exceptions and incentives.
Sec. 13. Penalties and enforcement.
Sec. 14. Endangered plants.
Sec. 15. Endangered Species Commission.
Sec. 16. Notice of hearings.
Sec. 17. Minimization of impact of conservation measures on private 
                            property.
Sec. 18. Alternative dispute resolution.
Sec. 19. Federal cost-sharing requirements for conservation 
                            obligations.
Sec. 20. Right to compensation.
Sec. 21. Authorization of appropriations.
Sec. 22. Transition provisions.
    (c) References to Endangered Species Act of 1973.--Except as 
otherwise expressly provided, whenever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.).

SEC. 2. FINDINGS, PURPOSES, AND POLICY.

    Section 2 (16 U.S.C. 1531) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) various species of fish, wildlife, and plants have 
        become extinct as a consequence of a variety of factors, both 
        natural and resulting from human activity;'';
                    (B) in paragraph (3), by striking ``these species 
                of fish, wildlife, and plants are'' and inserting 
                ``certain of these species of fish, wildlife, and 
                plants are necessary for maintaining biodiversity, 
                important to future generations of Americans, or'';
                    (C) in paragraph (4)--
                            (i) in subparagraph (F), by striking 
                        ``and'' at the end;
                            (ii) by redesignating subparagraph (G) as 
                        subparagraph (H); and
                            (iii) by inserting after subparagraph (F) 
                        the following:
                    ``(G) the Treaty Between the United States and 
                Canada Concerning Pacific Salmon, signed at Ottawa on 
                January 28, 1985 (TIAS 11091); and''; and
                    (D) in paragraph (5)--
                            (i) by striking ``encouraging the States'' 
                        and inserting ``it is in the best interest of 
                        the species and all affected parties to 
                        encourage States, local governments, private 
                        landowners,'';
                            (ii) by inserting ``, market-based 
                        programs,'' after ``assistance'';
                            (iii) by inserting ``that will encourage 
                        the conservation of habitat needed for species 
                        of fish, wildlife, and plants for the benefit 
                        of future generations, and'' after 
                        ``conservation programs''; and
                            (iv) by striking ``is a key'' and inserting 
                        ``, as a key'';
            (2) in subsection (b)--
                    (A) by striking ``to provide a means whereby the 
                ecosystems upon which endangered species and threatened 
                species depend may be conserved,'' and inserting ``to 
                conserve endangered species and threatened species,''; 
                and
                    (B) by striking ``such endangered'' and inserting 
                ``endangered''; and
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``species and 
                shall utilize their authorities'' and inserting 
                ``species, shall equally consider the conservation of 
                listed species, preservation of economic growth, 
                maintenance of a strong tax base, and protection 
                against the diminishment of the use and value of 
                private property, and shall use their authorities to 
                prevent the diminishment of the use and value of 
                private property and''; and
                    (B) by adding at the end the following:
            ``(3) Recognition of importance of genetics.--It is further 
        declared to be the policy of Congress that the conservation of 
        endangered species and threatened species should focus on 
        genetic resources as a measure of biological diversity.
            ``(4) Consideration of state authority.--It is further 
        declared to be the policy of Congress that this Act be carried 
        out in a manner that--
                    ``(A) recognizes the broad trustee and police 
                powers of each State with respect to the management and 
                conservation of fish and wildlife within the borders of 
                the State;
                    ``(B) affirms the concurrent jurisdiction of States 
                in the conservation and management of endangered 
                species and threatened species under this Act; and
                    ``(C) fully utilizes the authorities, expertise, 
                and working relationships of States with local 
                governments and holders of real property rights.
            ``(5) Consideration of state and private efforts.--It is 
        further declared to be the policy of Congress that Federal 
        agencies shall encourage State, local, and private entities to 
        initiate efforts, such as cooperative management agreements, 
        land acquisition, multiple species non-Federal conservation 
        plans, and the use of mitigation banks, to conserve endangered 
        species and threatened species and habitat areas important to 
        the survival and recovery of endangered species and threatened 
        species.''.

SEC. 3. DEFINITIONS.

    Section 3 (16 U.S.C. 1532) is amended--
            (1) by redesignating paragraphs (2) through (21) as 
        paragraphs (3), (5), (7), (9), (10), (11), (12), (13), (16), 
        (23), (24), (25), (28), (29), (30), (31), (32), (33), and (34), 
        respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) Candidate species.--The term `candidate species' 
        means a species found to be warranted to be listed as an 
        endangered species or a threatened species, but precluded from 
        the listing because of pending proposals to list that are of a 
        higher priority under section 4(b)(2)(B)(iii)(I).'';
            (3) in the proviso of paragraph (3) (as redesignated by 
        paragraph (1)), by striking ``by museums'' and inserting ``or 
        species by exhibitors licensed under section 3 of the Animal 
        Welfare Act (7 U.S.C. 2133), museums,'';
            (4) by inserting after paragraph (3) (as so redesignated) 
        the following:
            ``(4) Commission.--The term `Commission' means the 
        Endangered Species Commission established under section 13.'';
            (5) by striking paragraph (5) (as redesignated by paragraph 
        (1)) and inserting the following:
            ``(5) Conservation objective; conservation plan.--The terms 
        `conservation objective' and `conservation plan' (unless 
        modified by `non-Federal') mean a conservation objective and a 
        conservation plan (including a revision of a conservation 
        plan), respectively, developed under section 5.
            ``(6) Conserve.--The term `conserve' means to use all 
        methods and procedures to attain the conservation objective and 
        to implement the conservation plan.'';
            (6) by inserting after paragraph (7) (as redesignated by 
        paragraph (1)) the following:
            ``(8) Cooperative management agreement.--The term 
        `cooperative management agreement' means a voluntary agreement 
        entered into under section 6(b).'';
            (7) in paragraph (9)(A) (as redesignated by paragraph (1)), 
        by striking ``(9)(A)'' and all that follows through the end of 
        subparagraph (A) and inserting the following:
            ``(9) Critical habitat.--
                    ``(A) In general.--The term `critical habitat', 
                with respect to an endangered species or a threatened 
                species, means the specific areas within the geographic 
                area occupied by the species, at the time the species 
                is listed under section 4(c)(1), that contain such 
                physical or biological features as--
                            ``(i) are essential to the conservation of 
                        the species and the persistence of the species 
                        for at least 7 human generations; and
                            ``(ii) may require special management 
                        considerations or protection.'';
            (8) by striking paragraph (10) (as redesignated by 
        paragraph (1)) and inserting the following:
            ``(10) Endangered species.--The term `endangered species' 
        means any species that, if no action were taken under this Act, 
        would be placed on an irreversible course to extinction within 
        2 human generations, other than a species determined by the 
        Secretary to constitute a pest whose protection under this Act 
would present an overwhelming and overriding risk to man.'';
            (9) by inserting after paragraph (13) (as redesignated by 
        paragraph (1)) the following:
            ``(14) Foreign species.--The term `foreign species'--
                    ``(A) means a species naturally occurring outside 
                the territory of the United States; but
                    ``(B) 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 territory of the 
                United States.
            ``(15) Human generation.--The term `human generation' means 
        20 years.'';
            (10) by inserting after paragraph (16) (as redesignated by 
        paragraph (1)) the following:
            ``(17) Incidental taking permit.--The term `incidental 
        taking permit' means a permit issued under section 10(a)(1)(B).
            ``(18) In cooperation with the states.--The term `in 
        cooperation with the States', with respect to the development 
        of standards, guidelines, and regulations to implement this 
        Act, means the use of a rulemaking process established by the 
        Secretary (including notice and comment on the standards, 
        guidelines, and regulations) in which--
                    ``(A) the States as administrative and regulatory 
                partners, participate in a meaningful and timely manner 
                in the development of the standards, guidelines, and 
                regulations, which development shall include the 
                integration of recommendations, field practices, and 
                programs of the States; and
                    ``(B) the Secretary engages in a good faith effort 
                to reach consensus while retaining final decisionmaking 
                authority.
            ``(19) Jeopardy.--The terms `jeopardy' and `likely to 
        jeopardize the continued existence of', with respect to an 
        action affecting an endangered species or a threatened species, 
        refer to an action that significantly diminishes the likelihood 
        of the survival of the species in the wild by significantly 
        reducing the numbers or distribution of the entire species.
            ``(20) Local government.--The term `local government' means 
        a unit of general purpose local government, a school district, 
        or any other special district established under State law.
            ``(21) Mitigation bank.--The term `mitigation bank' means a 
        project carried out by an entity under section 10(n) for the 
        purpose of providing credits to offset adverse impacts to 
        endangered species or threatened species or habitat of the 
        species.
            ``(22) Non-federal person.--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.'';
            (11) by striking paragraph (23) (as redesignated by 
        paragraph (1)) and inserting the following:
            ``(23) Permit or license applicant.--The term `permit or 
        license applicant' means a person who requires authorization or 
        funding from a Federal agency, including a party to a written 
        lease, a license, or a contract to purchase or provide a good 
        or service, and whose authorization or funding requires an 
        action from the agency to obtain the benefit of the 
        activity.'';
            (12) by inserting after paragraph (25) (as redesignated by 
        paragraph (1)) the following:
            ``(26) Reasonable and prudent alternative.--The term 
        `reasonable and prudent alternative' means an alternative 
        action that is determined by the Secretary to avoid jeopardy to 
        an entire species.
            ``(27) Rural area.--The term `rural area' means county that 
        has no city or town that has a population of more than 10,000 
        inhabitants.'';
            (13) in paragraph (28) (as redesignated by paragraph (1)), 
        by striking ``Interior or the Secretary of Commerce as program 
        responsibilities are vested pursuant to the provisions of 
        Reorganization Plan Numbered 4 of 1970;'' and inserting 
        ``Interior,'';
            (14) by striking paragraph (29) (as redesignated by 
        paragraph (1)) and inserting the following:
            ``(29) Species.--The term `species'--
                    ``(A) means a biological species; and
                    ``(B) includes any subspecies of naturally 
                occurring fish or wildlife or plants, and any 
                genetically distinct population segment of any species 
                of vertebrate fish or wildlife, only if it can be 
                demonstrated that there exists a complete lack of gene 
                flow into occupied habitat of the subspecies or 
                distinct population segment.'';
            (15) in paragraph (30) (as redesignated by paragraph (1)), 
        by inserting ``the Commonwealth of the Northern Mariana 
        Islands,'' after ``Guam,''; and
            (16) by striking paragraphs (32) and (33) (as redesignated 
        by paragraph (1)) and inserting the following:
            ``(32) Take.--The term `take', with respect to a species 
        listed as endangered or threatened under section 4(c)(1)--
                    ``(A) means to proximately and foreseeably 
                physically injure, kill, or reduce to possession an 
                identifiable member of the species; and
                    ``(B) includes proximately and foreseeably 
                modifying habitat of the species so as to affect a 
                member of the species in the manner described in 
                subparagraph (A).
            ``(33) Threatened species.--The term `threatened species' 
        means any species that, if no action were taken under this Act, 
        would become an endangered species within 5 human 
        generations.''.

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

    (a) In General.--Section 4(a) (16 U.S.C. 1533(a)) is amended--
            (1) by striking ``(a) General.--(1) The'' and inserting 
        ``(a) In General.--The'';
            (2) by striking paragraphs (2) and (3);
            (3) by redesignating subparagraphs (A) through (E) as 
        paragraphs (1) through (5), respectively;
            (4) in paragraph (1) (as so redesignated), by striking 
        ``present or threatened'';
            (5) in paragraph (3) (as so redesignated), by inserting ``, 
        competition, parasitism,'' after ``disease''; and
            (6) in paragraph (4) (as so redesignated), by inserting 
        ``Federal, State, local government, and international'' after 
        ``existing''.
    (b) Basis for Determinations.--Section 4(b) (16 U.S.C. 1533(b)) is 
amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)--
                            (i) by striking ``(a)(1)'' and inserting 
                        ``(a)''; and
                            (ii) by striking ``to him'' and all that 
                        follows through the period at the end and 
                        inserting ``in accordance with paragraph (9) 
                        and after requesting the Commission to conduct 
                        a scientific review.''; and
                    (B) in subparagraph (B)--
                            (i) by striking ``consideration to 
                        species'' and inserting ``priority to species 
                        the conservation of which is most likely to 
                        reduce the need to list other species dependent 
                        on the same habitat, and shall give 
                        consideration to species'';
                            (ii) in clause (i), by striking ``or'' at 
                        the end;
                            (iii) in clause (ii), by striking the 
                        period at the end and inserting ``; or''; and
                            (iv) by adding at the end the following:
                            ``(iii) identified as a known source of 
                        pharmaceutical or agricultural biochemicals.'';
            (2) by striking paragraph (2);
            (3) by redesignating paragraph (3) as paragraph (2);
            (4) in paragraph (2) (as so redesignated)--
                    (A) in subparagraph (A)--
                            (i) in the first sentence, by inserting 
                        ``new'' before ``scientific or commercial'';
                            (ii) by inserting after the first sentence 
                        the following: ``The information shall include 
                        data documenting the biological vulnerability 
                        of, and threats to, the species or the habitat 
                        of the species. Failure to so document the 
                        information shall result in a presumption that 
                        the petition is inadequate.''; and
                            (iii) by striking the last 2 sentences and 
                        inserting the following: ``If such a petition 
                        is found to present the information, the 
                        Secretary shall--
            ``(i) provide a copy of the petition to the State having 
        jurisdiction over the area in which the species is believed to 
        occur and invite the determination of the State as to whether 
        the petitioned action is warranted;
            ``(ii) promptly request the Commission to conduct a 
        scientific review of any new information presented by the 
        petition with respect to the status of the species; and
            ``(iii) promptly publish each finding made under this 
        subparagraph in the Federal Register.'';
                    (B) in subparagraph (C), by striking clause (ii) 
                and inserting the following:
                            ``(ii) Judicial review.--Any finding 
                        described in this section shall be subject to 
                        judicial review.''; and
                    (C) by striking subparagraph (D) and inserting the 
                following:
                    ``(D) Overriding decision by the secretary.--If the 
                Secretary finds under subparagraph (B) that a 
                petitioned action is warranted but a State to which the 
                petition was provided under subparagraph (A) determines 
                in accordance with this subsection that the petitioned 
                action is not warranted under this Act, the Secretary, 
                notwithstanding the determination, after considering 
                fully any recommendation by each State to which the 
                petition was provided, may find by a preponderance of 
                the evidence that the petitioned action is warranted. 
                If the Secretary so finds, the Secretary shall provide 
                to the State a record of decision on the information 
                used in making the finding, the information available 
                to the Secretary that did not support the finding, and 
                written justification for the finding.'';
            (5) by inserting after paragraph (2) (as redesignated by 
        paragraph (3)) the following:
            ``(3) Foreign species.--
                    ``(A) In general.--The Secretary shall not 
                determine that a foreign species that is listed under 
                the Convention is an endangered species or a threatened 
                species under subsection (a) unless the Secretary--
                            ``(i) makes an adequate finding, supported 
                        by substantial evidence, that the Convention 
                        does not adequately protect the species; and
                            ``(ii) complies with the requirements of 
                        this paragraph.
                    ``(B) Transmission of listing to foreign wildlife 
                authority.--Prior to publishing a proposed 
                determination in the Federal Register that a foreign 
                species is an endangered species or a threatened 
                species, the Secretary shall--
                            ``(i) transmit the full text and a complete 
                        description of the proposed determination 
                        (including the information described in 
                        subparagraph (C)) directly to the appropriate 
                        wildlife management authority of each nation in 
                        which the species naturally occurs, in an 
                        official language of the nation; and
                            ``(ii) provide to each authority a period 
                        of not less than 180 days (beginning on the 
                        date of receipt by the authority of the 
                        materials described in clause (i)) for review 
                        and comment on the proposed determination.
                    ``(C) Analyses.--Materials transmitted under 
                subparagraph (B) shall include--
                            ``(i) a readily understandable, 
                        nontechnical explanation of the objective 
                        criteria for and purpose of the proposed 
                        listing;
                            ``(ii) an analysis of the anticipated 
                        beneficial or detrimental impacts of the 
                        listing on--
                                    ``(I) the economic, social, and 
                                cultural utilization of the species by 
                                the nation, if any; and
                                    ``(II) the resource management and 
                                conservation programs of the nation; 
                                and
                            ``(iii) a summary of--
                                    ``(I) the literature reviewed and 
                                experts consulted by the Secretary with 
                                respect to the species; and
                                    ``(II) the findings of the 
                                Secretary based on the review and 
                                consultation.
                    ``(D) Discussions with foreign officials.--The 
                Secretary shall enter into discussions with the 
                officials of each wildlife management authority to 
                which materials are transmitted under subparagraph (B). 
                If the officials determine that further studies of the 
                species should be conducted, the Secretary shall assist 
                the officials in obtaining funds for the studies and in 
                carrying out the studies.
                    ``(E) Concurrence of foreign officials.--Prior to 
                publishing a proposed determination in the Federal 
                Register that a foreign species is an endangered 
                species or a threatened species, the Secretary shall 
                make every effort to obtain the written concurrence in 
                the determination of each wildlife management authority 
                to which materials are transmitted under subparagraph 
                (B). If the concurrence is not obtained, the Secretary 
                may not publish the proposed determination without 
                first submitting the determination to and obtaining the 
                approval of the President.'';
            (6) in paragraph (5)--
                    (A) by striking ``(5) With'' and inserting the 
                following:
            ``(5) Notice of regulations and review by states.--
                    ``(A) Notice of regulations.--With'';
                    (B) by striking ``determination, designation, or 
                revision referred to in subsection (a)(1) or (3)'' and 
                inserting ``determination referred to in subsection 
                (a)'';
                    (C) by striking ``(A) not'' and inserting the 
                following:
                            ``(i) not'';
                    (D) by striking ``(i) publish'' and inserting the 
                following:
                                    ``(I) publish'';
                    (E) in subparagraph (A)(i)(I) (as so redesignated), 
                by striking ``, and'' and inserting the following: ``, 
                including--
                                            ``(aa) a readily 
                                        understandable, nontechnical 
                                        explanation of the reasons for 
                                        and purpose of the proposed 
                                        regulation;
                                            ``(bb) an analysis 
                                        concluding that the 
                                        conservation benefit of the 
                                        regulation outweighs any 
                                        negative conservation impact of 
                                        the regulation; and
                                            ``(cc) a summary of the 
                                        findings of the assessment team 
                                        based on the review under 
                                        section 13(c)(3)(A)(i); and'';
                    (F) by striking ``(ii) give'' and inserting the 
                following:
                                    ``(II) give'';
                    (G) in subparagraph (A)(i)(II) (as so 
                redesignated), by inserting ``by registered mail, or 
                other certifiable method,'' after ``regulation)'';
                    (H) by striking ``(B) insofar'' and inserting the 
                following:
                            ``(ii) insofar'';
                    (I) by striking ``(C) give notice'' and inserting 
                the following:
                            ``(iii) give notice'';
                    (J) in subparagraph (A)(iii) (as so redesignated), 
                by striking ``as he deems'' and inserting ``as the 
                Secretary determines'';
                    (K) by striking ``(D) publish'' and inserting the 
                following:
                            ``(iv) publish'';
                    (L) by striking ``(E) promptly'' and inserting the 
                following:
                            ``(v) promptly'';
                    (M) in subparagraph (A)(v) (as so redesignated)--
                            (i) by striking ``one public hearing'' and 
                        inserting ``1 or more public hearings''; and
                            (ii) by inserting before the period at the 
                        end the following: ``(including at least 1 
                        hearing in an affected rural area if 1 or more 
                        rural areas are affected by the 
                        determination)''; and
                    (N) by adding at the end the following:
                    ``(B) Review by states.--
                            ``(i) Notice.--In the case of any 
                        regulation proposed by the Secretary to 
                        implement a determination referred to in 
                        subsection (a) with respect to a species for 
                        which a petition has not been received under 
                        paragraph (2), the Secretary shall, not earlier 
                        than 1 year before the date on which the 
                        regulation is proposed, give actual notice that 
                        the Secretary is considering the action 
                        (including any relevant information) to the 
                        State having jurisdiction over the area in 
                        which the species is believed to occur and 
                        invite the determination of the State as to 
                        whether the action is warranted.
                            ``(ii) Scientific review of conflicts.--If 
                        within 9 months after receiving notice under 
                        clause (i), the State determines in accordance 
                        with this subsection that the proposed action 
                        is not warranted under this Act and provides 
                        the Secretary with the basis for the 
                        determination, the Secretary shall--
                                    ``(I) request the Commission to 
                                conduct a scientific review of the 
                                proposed action, consider all pertinent 
                                data and information, and make a 
                                recommendation in accordance with this 
                                subsection; and
                                    ``(II)(aa) fully consider any 
                                recommendation by the State, which 
                                shall be given great weight; and
                                    ``(bb) not later than 1 year after 
                                giving notice under clause (i), 
                                determine whether to propose a 
                                regulation for the species.
                            ``(iii) Overriding decision by the 
                        secretary.--In any case in which 
the recommendation resulting from the scientific review under clause 
(ii) supports the determination by the State, the Secretary, 
notwithstanding the recommendation and determination, may find by a 
preponderance of the evidence that the proposed action is warranted. If 
the Secretary so finds, the Secretary shall provide to the State a 
record of decision on the information used in making the finding, the 
information available to the Secretary that did not support the 
finding, and written justification for the finding.
                    ``(C) Proposals to list initiated by the 
                secretary.--In the case of a regulation to implement a 
                determination referred to in subsection (a) for which a 
                scientific review has not been undertaken under this 
                subsection, if any person files within 30 days after 
                the date of publication of general notice under 
                subparagraph (A)(i)(I) a written request detailing a 
                substantial scientific basis for questioning the 
                sufficiency or accuracy of the available data relevant 
                to the determination, the Secretary shall request the 
                Commission to conduct a scientific review of the 
                petitioned action, consider all pertinent data and 
                information, and make a recommendation in accordance 
                with this subsection.'';
            (7) in paragraph (6)--
                    (A) in subparagraph (A)--
                            (i) by striking ``(5)(A)(i) regarding'' and 
                        all that follows through ``(i) if'' and 
                        inserting: ``(5)(A)(i)(I) regarding a proposed 
                        regulation, the Secretary shall publish in the 
                        Federal Register, if'';
                            (ii) by striking ``, or a revision of 
                        critical habitat,'';
                            (iii) by striking clause (ii);
                            (iv) by striking ``(I) a'' and inserting 
                        the following:
            ``(i) a'';
                            (v) by striking subclause (II);
                            (vi) by striking ``(III) notice'' and 
                        inserting the following:
            ``(ii) notice'';
                            (vii) by striking ``(IV) notice'' and 
                        inserting the following:
            ``(iii) notice''; and
                            (viii) in clause (iii) (as so 
                        redesignated), by striking ``based; or'' and 
                        inserting ``based.'';
                    (B) in subparagraph (B)--
                            (i) by striking ``(A)(i)'' each place it 
                        appears and inserting ``(A)'';
                            (ii) in clause (i), by striking ``or 
                        revision concerned''; and
                            (iii) in clause (iii), by striking ``or 
                        revision concerned, a finding that the revision 
                        should not be made,''; and
                    (C) by striking subparagraph (C);
            (8) in the first sentence of paragraph (7), by striking 
        ``posing a significant risk to the well-being'' and inserting 
        ``that poses an imminent threat to the continued existence'';
            (9) in paragraph (8), by striking ``regulation; and if'' 
        and all that follows through the period at the end and 
        inserting ``regulation.''; and
            (10) by adding at the end the following:
            ``(9) Verification of data.--
                    ``(A) In general.--For the purposes of paragraph 
                (1) and section 5(i), the best scientific and 
                commercial data available shall be, to the maximum 
                extent feasible, data that are verified by field 
                testing.
                    ``(B) Publication with respect to proposed rules.--
                The Secretary shall identify and publish in the Federal 
                Register with each proposed rule promulgated under 
                paragraph (1) or section 5(i) a brief summary 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 the 
                        determination and that can be collected within 
                        the period available for making the 
                        determination; and
                            ``(iii) data that are necessary to ensure 
                        the scientific validity of the determination, 
                        and each deadline for collecting the data.
                    ``(C) Consideration of data.--In making a 
                determination under paragraph (1) or section 5(i), the 
                Secretary shall collect and consider the data 
                identified and described under subparagraph (B)(ii).
                    ``(D) Publication with respect to final rules.--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 scientific 
                        validity of the determination; and
                            ``(ii) each deadline by which the Secretary 
                        shall collect and consider the data in 
                        accordance with subparagraph (E).
                    ``(E) Further consideration of data.--Not later 
                than the deadline published by the Secretary under 
                subparagraph (D)(ii), the Secretary shall--
                            ``(i) collect the data referred to in the 
                        subparagraph;
                            ``(ii) provide an ample opportunity for 
                        public review and comment on the data;
                            ``(iii) reconsider the data after full 
                        consideration of the public review and comment; 
                        and
                            ``(iv) publish in the Federal Register the 
                        results of the consideration and a description 
                        of and schedule for any actions warranted by 
                        the data.''.
    (c) Lists.--Section 4(c) (16 U.S.C. 1533(c)) is amended--
            (1) in paragraph (1)--
                    (A) in the first sentence, by striking ``by him or 
                the Secretary of Commerce'' each place it appears;
                    (B) by inserting after the first sentence the 
                following: ``Each list shall be separately published 
                and maintained by the Secretary.''; and
                    (C) in the last sentence, by striking 
                ``determinations, designations, and revisions made in 
                accordance with subsections (a) and (b)'' and inserting 
                ``determinations made in accordance with subsections 
                (a) and (b) and designations and revisions made in 
                accordance with section 5(i)''; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Review of lists.--
                    ``(A) In general.--The Commission shall--
                            ``(i) conduct, at least once every 5 years, 
                        a review of all species included in a list that 
                        is published under paragraph (1) and that is in 
                        effect at the time of the review; and
                            ``(ii) promptly report the results of the 
                        review to the Secretary.
                    ``(B) Change in species status.--If, on completion 
                of a review under subparagraph (A), the Secretary finds 
                that the criteria in the conservation plan for a change 
                in status have been met or exceeded, the Secretary 
                shall, not later than 90 days after completion of the 
                review, publish notice of the change of status of the 
                species, from an endangered species to a threatened 
                species, in the Federal Register.
                    ``(C) Removal from lists.--If, on completion of a 
                review under subparagraph (A), the Secretary finds that 
                the criteria in a conservation plan for the removal of 
                a species from any list published under paragraph (1) 
                have been met or exceeded, the Secretary shall, not 
                later than 90 days after completion of the review, 
                propose a regulation to implement the determination in 
                accordance with this section.
                    ``(D) Species not having a conservation plan.--With 
                respect to any species for which no conservation plan 
                that specifies criteria for a change in status or 
                removal from a list exists, the Secretary shall, by 
                regulation promulgated in accordance with subsection 
                (b), determine whether the species is no longer an 
                endangered species or a threatened species because of a 
                change in the factors identified in subsection (a).''.
    (d) Protective Regulations.--Section 4(d) (16 U.S.C. 1533(d)) is 
amended--
            (1) in the first sentence--
                    (A) by inserting ``, in cooperation with the States 
                having jurisdiction over an area in which the species 
                is believed to occur,'' after ``Secretary''; and
                    (B) by striking ``as he deems necessary and 
                advisable to provide for'' and inserting ``that, in the 
                discretion of the Secretary, are consistent with''; and
            (2) in the second sentence, by striking ``by regulation 
        prohibit with respect to any'' and inserting ``in the 
        regulations prohibit with respect to that''.
    (e) Transfer of Planning Authority.--
            (1) In general.--Section 4 (16 U.S.C. 1533) is amended--
                    (A) by striking subsection (f); and
                    (B) by redesignating subsections (g) through (i) as 
                subsections (f) through (h), respectively.
            (2) Conforming amendments.--
                    (A) Section 6(d)(1) (16 U.S.C. 1535(d)(1)) is 
                amended by striking ``section 4(g)'' and inserting 
                ``section 4(f)''.
                    (B) Section 10(f)(5) (16 U.S.C. 1539(f)(5)) is 
                amended by striking the last sentence.
                    (C) Section 101(a)(5)(E)(i)(II) of the Marine 
                Mammal Protection Act of 1972 (16 U.S.C. 
                1371(a)(5)(E)(i)(II)) is amended by striking ``a 
                recovery plan has been developed or is being developed 
                for such species or stock pursuant to the'' and 
                inserting ``a conservation plan has been developed or 
                is being developed for the species or stock pursuant to 
                section 5 of the''.
                    (D) Section 104(c)(4) of the Marine Mammal 
                Protection Act of 1972 (16 U.S.C. 1374(c)(4)) is 
                amended--
                            (i) in subparagraph (A)(ii)--
                                    (I) in subclause (I), by striking 
                                ``any recovery plan developed under 
                                section 4(f)'' and inserting ``any 
                                conservation plan developed under 
                                section 5''; and
                                    (II) in subclause (II)--
                                            (aa) by striking ``or 
                                        recovery''; and
                                            (bb) by striking ``or a 
                                        recovery plan''; and
                            (ii) in subparagraph (B)(iii), by striking 
                        ``recovery plan'' and inserting ``conservation 
                        plan''.
                    (E) Section 115(b)(2) of the Marine Mammal 
                Protection Act of 1972 (16 U.S.C. 1383b(b)(2)) is 
                amended by striking ``recovery plans required under 
                section 4(f) of the Endangered Species Act of 1973 (16 
                U.S.C. 1533(f))'' and inserting ``conservation plans 
                required under section 5 of the Endangered Species Act 
                of 1973''.
                    (F) Section 118(f)(11) of the Marine Mammal 
                Protection Act of 1972 (16 U.S.C. 1387(f)(11)) is 
                amended by striking ``recovery plan developed for such 
                species or stock under section 4'' and inserting 
                ``conservation plan developed for the species or stock 
                under section 5''.
    (f) Monitoring.--Section 4(f) (as redesignated by subsection 
(e)(1)(B)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``in cooperation with the States'' 
                and inserting ``, after consultation and in cooperation 
                with the States and local governments having 
                jurisdiction over an area in which a species described 
                in this paragraph is believed to occur,''; and
                    (B) by striking ``recovered to the point at which 
                the measures provided pursuant to this Act are no 
                longer necessary'' and inserting ``met the objectives 
                of the conservation plan for the species''; and
            (2) in paragraph (2), by striking ``recovered''.
    (g) Agency Guidelines.--Section 4(g) (as redesignated by subsection 
(e)(1)(B)) is amended--
            (1) in the first sentence, by inserting ``, in cooperation 
        with the States having jurisdiction over an area in which a 
        species subject to this section is believed to occur,'' after 
        ``Secretary''; and
            (2) in paragraph (4) of the second sentence, by striking 
        ``recovery plans under subsection (f) of this section'' and 
        inserting ``conservation objectives and conservation plans''.
    (h) Observance of Deadlines.--Section 4 (as amended by subsection 
(e)(1)(B)) is further amended by adding at the end the following:
    ``(i) Observance of Deadlines.--If any deadline for action 
specified in this section with respect to a proposal to list a species 
as an endangered species or a threatened species is not met, the 
proposed action is terminated automatically by operation of law.''.

SEC. 5. COORDINATION OF SPECIES CONSERVATION EFFORTS; SPECIES 
              CONSERVATION PLANS.

    (a) In General.--The Act is amended--
            (1) by redesignating section 5 (16 U.S.C. 1534) as section 
        5A; and
            (2) by inserting after section 4 (16 U.S.C. 1533) the 
        following:

 ``coordination of species conservation efforts; species conservation 
                                 plans

    ``Sec. 5. (a) Development of Conservation Plans.--
            ``(1) In general.--In accordance with this section, the 
        Secretary, in cooperation with the States having jurisdiction 
        over areas in which endangered species or threatened species 
        listed under section 4(c)(1) are believed to occur, on the 
        basis of the best scientific and commercial data available in 
        accordance with section 4(b)(9) and considering the options 
        presented by the Commission under section 13(b)(2), shall 
        develop and implement conservation plans to provide for the 
        conservation of the species and the habitats on which the 
        species depend (as identified in the conservation plan), unless 
        the Secretary establishes a conservation objective that is 
        described in subsection (b)(4).
            ``(2) Foreign species.--In developing a conservation 
        objective and a conservation plan under this section for a 
        foreign species, the Secretary shall--
                    ``(A) act in a manner consistent with the 
                Convention; and
                    ``(B) cooperate with, and support any conservation 
                strategy adopted for the species by, each foreign 
                nation in which the species occurs.
            ``(3) Adverse consequences.--The Secretary, Federal 
        agencies, and the States shall, in a manner consistent with 
        paragraph (1), minimize adverse social and economic 
        consequences, and impacts on private property, that may result 
        from the implementation of conservation plans.
    ``(b) Establishment of Conservation Objective and Determination of 
Whether To Prepare Conservation Plan.--
            ``(1) Request for options.--After the final regulation to 
        implement a determination that a species is an endangered 
        species or a threatened species has been published under 
        section 4(b)(6)(A)(i), the Secretary shall promptly request the 
        Commission to propose options for a conservation objective and 
        prepare a report under section 13(b)(2)(C).
            ``(2) Publication.--After considering the report 
        transmitted under section 13(b)(2)(C), the Secretary shall 
        publish in the Federal Register, not later than 30 days after 
        the date of receipt of the report, a conservation objective for 
        the affected species, together with a statement of findings on 
        which the conservation objective was established.
            ``(3) Range of conservation objectives.--The conservation 
        objective, which the Secretary shall establish within the 
        discretion of the Secretary but subject to paragraph (6), may 
        be--
                    ``(A) recovery of the affected species;
                    ``(B) such level of conservation of the species and 
                any critical habitat to be designated as the Secretary 
                considers practicable and reasonable to the extent that 
                the benefits of the conservation measures justify the 
                human and economic costs of implementation for the 
                Federal Government, State and local governments, the 
                private sector (including any permit or license 
                applicants), and affected private individuals and 
                organizations;
                    ``(C) no Federal action other than enforcement 
                against any person whose activity violates--
                            ``(i) in the case of an endangered species, 
                        the prohibitions specified in section 9(a); or
                            ``(ii) in the case of a threatened species, 
                        the prohibitions provided by regulation under 
                        section 4(d);
                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
                    ``(D) such other objective as the Secretary may 
                determine that provides a greater level of protection 
                than the level described in subparagraph (C).
            ``(4) No conservation plan.--If the conservation objective 
        established by the Secretary is the objective provided in 
        paragraph (3)(C), the Secretary shall not prepare a 
        conservation plan under subsection (c).
            ``(5) Distinct population segments.--The Secretary may 
        establish a conservation objective, other than the objective 
        provided in paragraph (3)(C), for a distinct population segment 
        designated under section 4(a) after the date of enactment of 
        this paragraph only if the Secretary makes a clear showing that 
        the objective is in the national interest based on biological, 
        social, or economic considerations, or any combination of the 
        considerations.
            ``(6) Guidelines in establishment of objective.--In 
        carrying out this subsection, the Secretary shall establish a 
        conservation objective for a species that provides a level of 
        protection--
                    ``(A) not less than the level described in 
                subparagraph (A) or (B) of paragraph (3), including an 
                objective provided for in paragraph (3)(D) that 
                provides not less than that level of protection, if--
                            ``(i) the threat of extinction of the 
                        species is severe;
                            ``(ii) the contribution of the species to 
                        genetic diversity is high; and
                            ``(iii) the biological potential for 
                        conserving the species is high; or
                    ``(B) less than the level described in paragraph 
                (3)(B) if the species has been listed because of 
                circumstances that make conservation unlikely without 
                extraordinary efforts, including--
                            ``(i) introduced predators, competitors, 
                        pathogens, or parasites; and
                            ``(ii) specific, immediate conflicts 
                        between the conservation of species and the use 
                        of habitat by humans.
    ``(c) Schedule for Conservation Plan Preparation.--Except as 
provided in subsection (b)(4), on the basis of the report transmitted 
under section 13(b)(2)(C), the Secretary shall--
            ``(1) promptly request the Commission to prepare 
        alternatives for a proposed conservation plan based on the 
        conservation objective established by the Secretary under 
        subsection (b);
            ``(2) not later than 1 year after the date of publication 
        of the final regulation to implement the determination that the 
        affected species is an endangered species or a threatened 
        species, publish--
                    ``(A) a proposed conservation plan for the affected 
                species; and
                    ``(B) a proposed regulation to designate any 
                habitat of the species as critical habitat under 
                subsection (i), unless the Secretary determines that 
                such a designation is not prudent or determinable, 
                which regulation shall include--
                            ``(i) a readily understandable, 
                        nontechnical explanation of the reasons for and 
                        purpose of the proposed regulation; and
                            ``(ii) an analysis concluding that the 
                        conservation benefit of the regulation 
                        outweighs any negative conservation impact of 
                        the regulation; and
            ``(3) not later than 18 months after the date of 
        publication of the final regulation to implement the 
        determination that the affected species is an endangered 
        species or a threatened species, publish--
                    ``(A) a final conservation plan for the affected 
                species; and
                    ``(B) a final regulation to designate any habitat 
                of the species as critical habitat under subsection 
                (i), unless the Secretary determines that such a 
                designation is not prudent or determinable.
    ``(d) Priorities of Conservation Plan.--In the development and 
implementation of a conservation plan under this section, the Secretary 
shall accord priority to--
            ``(1) the development of an integrated plan for 2 or more 
        endangered species or threatened species that are likely to 
        benefit from an integrated plan;
            ``(2) the geographic areas where conflicts between the 
        conservation of species and development projects or other forms 
        of economic activity exist or are likely to exist; and
            ``(3) the implementation of conservation measures that have 
        the least economic and social costs.
    ``(e) Alternative Strategies.--
            ``(1) Inclusion in plans.--On the basis of the report 
        transmitted under section 13(c)(3)(A)(iii), the Commission 
        shall recommend to the Secretary, for inclusion in each 
        proposed conservation plan, alternative strategies to achieve 
        the conservation objective for the affected species.
            ``(2) Range of strategies.--The alternative strategies 
        shall range from a strategy requiring intensive Federal 
        management to achieve the conservation objective to a strategy 
        involving the least practicable Federal management to achieve 
        the conservation objective.
            ``(3) Contents.--Each alternative strategy shall contain--
                    ``(A) an estimate of the risks to the survival and 
                recovery of the species that the alternative would 
                entail;
                    ``(B) a description of any site-specific management 
                measures recommended for the alternative, including the 
                use of mitigation banks;
                    ``(C) an analysis of the relationship of any 
                habitat of the species proposed for designation as 
                critical habitat to the site-specific measures;
                    ``(D) a description of--
                            ``(i) the impacts that implementation of 
                        the plan may have on other species; and
                            ``(ii) such measures as are necessary to 
                        avoid or minimize the impacts;
                    ``(E) a description of the direct and indirect 
                costs to the public and private sectors, including 
                effects on employment, any multi-State region, or any 
                segment of the national economy, that may result from 
                the alternative;
                    ``(F) a description of any social dislocation that 
                may result from the alternative;
                    ``(G) an analysis of any impacts that the 
                alternative would have on the use and value of 
                property;
                    ``(H) a description of any captive breeding program 
                recommended for the alternative;
                    ``(I) an analysis of whether the alternative would 
                include any release of an experimental population 
                outside the current range of the species and, if the 
                release would be required, an identification of 
                candidate geographic areas for the release;
                    ``(J) a clear differentiation between--
                            ``(i) any matters recommended generally for 
                        Federal agencies to conserve the species under 
                        section 7(a)(1);
                            ``(ii) any matters recommended for Federal 
                        agency actions to avoid being likely to 
                        jeopardize the continued existence of the 
                        species as determined under section 7(a)(2); 
                        and
                            ``(iii) any matters recommended for any 
                        person to avoid a taking of the species 
                        prohibited under section 4(d) or 9(a)(1);
                    ``(K) objective and measurable criteria for 
                achieving the conservation objective, including, if the 
                conservation objective is recovery, a population level 
                target, that, if met, would result in a determination 
                under section 4 that the species be removed from a list 
                published under section 4(c)(1);
                    ``(L) estimates of the time and costs required to 
                carry out the actions needed to achieve the 
                conservation objective and to achieve intermediate 
                steps toward the objective; and
                    ``(M) a description of the role of each affected 
                State, with respect to areas within the borders of the 
                State, in achieving the conservation objective.
    ``(f) Procedures.--
            ``(1) Consultation with states.--During the preparation of 
        each proposed and final conservation plan, the Secretary shall 
        consult with the Governor of each State having jurisdiction 
        over the area in which the affected species is located.
            ``(2) Publication and public comment.--The Secretary shall 
        publish in the Federal Register and a newspaper of general 
        circulation in each affected county--
                    ``(A) a notice of the availability, and a summary, 
                of each proposed conservation plan and each proposed 
                regulation designating any critical habitat; and
                    ``(B) a request for the submission of comments on 
                the proposed conservation plan and the proposed 
                regulation.
            ``(3) Hearings.--The Secretary shall hold at least 2 
        hearings on each proposed conservation plan in each State to 
        which the plan would apply (including at least 1 hearing in an 
        affected rural area if 1 or more rural areas are affected by 
        the determination).
            ``(4) Consideration of comments by the secretary.--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 paragraph (3) or received in 
        response to a request for comments published under paragraph 
        (2)(B).
    ``(g) Publication of Final Conservation Plan.--Not later than the 
date of publication of a final conservation plan under subsection 
(c)(2), the Secretary shall publish in the Federal Register a notice of 
the availability, and a summary, of a final conservation plan. The 
notice shall include a detailed description of--
            ``(1) the reasons for the selection of the final 
        conservation plan;
            ``(2) the reasons for not selecting each of the other 
        alternatives included in the proposed conservation plan under 
        subsection (e);
            ``(3) the effect of the priorities specified in subsection 
        (d) on the selection; and
            ``(4) the response of the Secretary to the information 
        referred to in subsection (f)(4).
    ``(h) 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.
    ``(i) Critical Habitat Designation.--
            ``(1) Designation.--
                    ``(A) In general.--The Secretary shall, by 
                regulation under subsection (c) and this subsection and 
                to the maximum extent prudent and determinable--
                            ``(i) designate any habitat of the affected 
                        species that is considered to be critical 
                        habitat and that supports the conservation 
                        objective of the Secretary for the species; and
                            ``(ii) revise a critical habitat 
                        designation in accordance with paragraph (5).
                    ``(B) Determination not to designate.--If the 
                Secretary determines that the designation of critical 
                habitat of the affected species is not prudent or is 
                not determinable, the Secretary may elect not to 
                designate any critical habitat for the species.
            ``(2) Basis for designation.--The designation of critical 
        habitat, and any revision of the designation, shall be made on 
        the basis of the best scientific and commercial data available 
        after taking into consideration--
                    ``(A) the availability of substitute habitat in 
                mitigation banks or from other sources; and
                    ``(B) the economic impact, and any other relevant 
                impact, of designating any particular area as critical 
                habitat and of the determinations made under section 
                4(a).
            ``(3) Economic impacts.--
                    ``(A) Description.--In issuing any proposed 
                regulation designating critical habitat of an 
                endangered species or a threatened species, or proposed 
                revision of the designation, the Secretary shall 
                describe in detail the economic impacts and other 
                relevant impacts that are to be considered under 
                paragraph (2), and the benefits that are to be weighed 
                under paragraph (4), in designating an area as critical 
                habitat.
                    ``(B) Submission to bureau of labor statistics.--
                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. In issuing any final regulation designating 
                critical habitat, the Secretary shall respond 
                separately and fully to each comment.
            ``(4) Consideration of costs and benefits.--The Secretary 
        shall exclude any area from critical habitat for which the 
        Secretary determines that the benefits of the exclusion 
        outweigh the benefits of designating the area as part of the 
        critical habitat, unless the Secretary determines, on the basis 
        of the best scientific and commercial data available, that the 
        failure to designate the area as critical habitat will result 
        in the extinction of the species for which the habitat is 
        designated.
            ``(5) Revision of critical habitat designation.--
                    ``(A) Determination by the secretary.--The 
                Secretary, by regulation under subsection (c) and this 
                subsection and to the maximum extent prudent and 
                determinable, may revise a critical habitat designation 
                on a finding that the critical habitat designation does 
                not support the conservation objective of the 
                Secretary.
                    ``(B) Petitions.--
                            ``(i) Finding by the secretary.--To the 
                        maximum extent practicable, not later than 90 
                        days after receiving the petition of an 
                        interested person under section 553(e) of title 
                        5, United States Code, to revise a critical 
                        habitat designation, the Secretary shall make a 
                        finding as to whether the petition presents 
                        substantial new scientific information 
                        indicating that the revision may be warranted. 
                        The Secretary shall promptly publish the 
                        finding in the Federal Register.
                            ``(ii) Review by states.--Not later than 1 
                        year after receiving a petition that is found 
                        under clause (i) to present substantial new 
                        scientific information indicating that the 
                        requested revision may be warranted, the 
                        Secretary shall--
                                    ``(I) provide a copy of the 
                                petition to the State having 
                                jurisdiction over the area in which the 
                                species is believed to occur and invite 
                                the determination of the State as to 
                                whether the petitioned action is 
                                warranted;
                                    ``(II) request the Commission to 
                                conduct a scientific review of any new 
                                information presented by the petition 
                                with respect to the status of the 
                                species;
                                    ``(III) make a finding as to 
                                whether the petition will be granted; 
                                and
                                    ``(IV) publish each finding made 
                                under this clause in the Federal 
                                Register.
                            ``(iii) Scientific review of conflicts.--If 
                        the Secretary finds under clause (ii)(III) that 
                        a petitioned action is warranted but a State to 
                        which the petition was provided under clause 
                        (ii)(I) determines in accordance with this 
                        subsection that the petitioned action is not 
                        warranted under this Act, the Secretary shall 
                        follow the procedures described in section 
                        4(b)(3) with respect to the petition.
    ``(j) Effects of Actions Consistent With the Conservation Objective 
and Plan.--If a conservation plan is prepared under subsection (c) or 
if a conservation objective is established that is described in 
subsection (b)(4)--
            ``(1) any Federal agency that determines that the actions 
        of the agency are consistent with the guidance provided in the 
        conservation plan under subsection (e)(3)(J)(i) or the 
        conservation objective (in the case of a conservation objective 
        described in subsection (b)(4)) 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 applicable guidance provided in the 
        conservation plan under subsection (e)(3)(J)(ii) or the 
        conservation objective described in subsection (b)(4) shall not 
        be subject to section 7(a)(2) for the species, except that a 
        Federal agency--
                    ``(A) 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
                    ``(B) shall initiate consultation under section 
                7(a)(2) on any action that the agency determines is 
                inconsistent with the conservation plan or conservation 
                objective; and
            ``(3) any action of any person that is consistent with 
        applicable guidance provided in the conservation plan under 
        subsection (e)(3)(J)(iii) or a conservation objective described 
        in subsection (b)(4) shall not constitute a violation 
        concerning the species of any applicable prohibition under 
        section 4(d) or 9(a), except that the person may initiate 
        consultation under section 10(a)(3) if the person desires 
        guidance from the Secretary on--
                    ``(A) the consistency of the action with the 
                conservation plan or conservation objective; or
                    ``(B) whether an action that is inconsistent with 
                the conservation plan or conservation objective would 
                be likely to jeopardize the continued existence of the 
                species.
    ``(k) Alternative Species Protection.--
            ``(1) In general.--On publication under section 4(b)(6) of 
        the final regulation to implement the determination that a 
        species is an endangered species or a threatened species, the 
        Secretary shall, on application, issue 1 or more permits for 
        the affected species in accordance with section 10(a), enter 
        into 1 or more cooperative management agreements for the 
        species, or both issue the permits and enter into the 
        agreements to the extent that the applications meet such 
        requirements as the Secretary shall establish.
            ``(2) Applicability.--
                    ``(A) Fewer than all known members of species.--A 
                proposed incidental taking permit or cooperative 
                management agreement under paragraph (1) need not apply 
                to all known members of the affected species. In the 
                case of any member of the affected species to which any 
                combination of proposed incidental taking permits and 
                cooperative management agreements does not apply, the 
                Secretary shall publish a conservation objective under 
                this section.
                    ``(B) All known members of species.--If any 
                combination of incidental taking permits and 
                cooperative management agreements proposed prior to the 
                date of publication of a conservation objective or a 
                conservation plan for the affected species under this 
                section would apply to all known members of the 
                affected species, the Secretary shall not publish the 
                objective or plan unless--
                            ``(i) the Secretary denies such a permit or 
                        agreement; or
                            ``(ii) the combination of permits and 
                        agreements as issued or entered into applies to 
                        fewer than all known members of the affected 
                        species.
    ``(l) Interim Management.--
            ``(1) In general.--Prior to the publication of a final 
        conservation plan under subsection (c)(2) or a conservation 
        objective described in subsection (b)(4), the entering into of 
        a cooperative management agreement, or the issuance of an 
        incidental taking permit, with respect to an endangered species 
        or a threatened species--
                    ``(A) the prohibitions of section 9(a) shall apply 
                to any person, except in the case of a taking by a 
                person that is incidental to, and not the purpose of, 
                the carrying out of an otherwise lawful activity, which 
                incidental taking activity may include the routine 
                operation of any structure, building, road, dam, 
                airport, or irrigation, construction, or other facility 
                that is in operation prior to the publication of the 
                final regulation under section 4(b)(6) to implement the 
                determination that the species is an endangered species 
                or a threatened species; 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), 
                but the agency shall be required to confer on the 
                agency action under section 7(a)(4).
            ``(2) Emergency periods.--
                    ``(A) In general.--Notwithstanding paragraph (1) 
                and subject to subparagraph (B), paragraphs (1) and (2) 
                of section 7(a) and section 9(a) shall apply fully to 
                the affected species during a period in which an 
                emergency rulemaking is in effect under section 4(b)(7) 
                or if the Secretary declares that there exists an 
                imminent threat to the existence of the species.
                    ``(B) Time limit for declaration.--Any declaration 
                of the Secretary described in subparagraph (A) made 
                prior to--
                            ``(i) the date of publication of a 
                        conservation objective may not continue past 
                        the deadline for the publication established 
                        under subsection (b)(2); or
                            ``(ii) the date of publication of a final 
                        conservation plan, but after the date described 
                        in clause (i), may not continue past the 
                        deadline for the publication established under 
                        subsection (c)(3).
    ``(m) Suspension of Conservation Plan or Objective.--If, at any 
time after the date of publication of a final conservation plan under 
subsection (c)(3) or a conservation objective described in subsection 
(b)(4), the Secretary issues an incidental taking permit or enters into 
a cooperative management agreement, the Secretary, by publication of 
notice in the Federal Register, shall suspend the conservation plan or 
conservation objective with respect to the portion of the species to 
which the permit or agreement applies.
    ``(n) Report.--Not later than 5 years after the date of enactment 
of this subsection and biennially thereafter, the Secretary shall 
report to the Committee on Environment and Public Works of the Senate 
and the Committee on Resources of the House of Representatives on the 
status of efforts to develop and implement conservation plans for all 
species included in a list published under section 4(c)(1) and on the 
status of all species for which the plans have been developed.
    ``(o) Standard of Review.--The standard for judicial review of any 
decision of the Secretary or a Federal agency under this section shall 
be whether the decision is arbitrary, capricious, an abuse of 
discretion, or otherwise not in accordance with law.''.
    (b) Conforming Amendments.--
            (1) The table of contents in the first section (16 U.S.C. 
        prec. 1531) is amended by striking the item relating to section 
        5 and inserting the following:

``Sec. 5. Coordination of species conservation efforts; species 
                            conservation plans.
``Sec. 5A. Land acquisition.''.
            (2) Section 7(a)(1) of the Land and Water Conservation Fund 
        Act of 1965 (16 U.S.C. 460l-9(a)(1)) is amended by striking 
        ``section 5(a)'' and inserting ``section 5A(a)''.
            (3) Section 5(b) of Public Law 103-64 (16 U.S.C. 460iii-4) 
        is amended by striking ``section 5(b) of the Endangered Species 
        Act of 1973 (16 U.S.C. 1534(b))'' and inserting ``section 5A(b) 
        of the Endangered Species Act of 1973''.

SEC. 6. LAND ACQUISITION.

    Section 5A (as redesignated by section 5(a)(1)) is amended by 
adding at the end the following:
    ``(c) Exchanges.--
            ``(1) In general.--The Secretary of the Interior and the 
        Secretary of Agriculture shall encourage persons to apply to 
        exchange lands, waters, or interests in land or water under the 
        jurisdiction of each Secretary (other than units of the 
        National Park System, the National Wilderness Preservation 
System, the National Wildlife Refuge System, the National Wild and 
Scenic Rivers System, and the National Trails System) for lands, 
waters, or interests in land or water that are not in Federal ownership 
and that are affected by this Act.
            ``(2) Determination of equal value.--
                    ``(A) In general.--An exchange under this 
                subsection may be made if the Secretary of the Interior 
                or the Secretary of Agriculture determines that the 
                lands to be exchanged are of approximately equal value.
                    ``(B) Appraisals.--In carrying out subparagraph 
                (A), the Secretary of the Interior and the Secretary of 
                Agriculture shall not be required to obtain an 
                appraisal that is in conformance with the Uniform 
                Appraisal Standards for Federal Land Acquisitions or 
                with section 206 of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1716).
            ``(3) Environmental assessment.--An environmental 
        assessment shall be the only document under section 102(2) of 
        the National Environmental Policy Act of 1969 (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, and a final decision on the 
        exchange shall be made, by the Secretary of the Interior or the 
        Secretary of Agriculture not later than 1 year after the date 
        on which the application for the exchange is submitted.
            ``(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 were not subject to any 
restriction on use under this Act imposed after the date of 
acquisition.''.

SEC. 7. COOPERATION WITH NON-FEDERAL PERSONS.

    (a) In General.--Section 6 (16 U.S.C. 1535) is amended--
            (1) by striking the section heading and subsections (a) and 
        (b) and inserting the following:

                 ``cooperation with non-federal persons

    ``Sec. 6. (a) In General.--In carrying out this Act, the Secretary 
shall cooperate to the maximum extent practicable with the States and 
other non-Federal persons. The cooperation shall include consultation 
with the appropriate States and other non-Federal persons before the 
Secretary seeks to acquire any land or water, or interest in land or 
water, 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 
        other non-Federal person for the management of a species or 
        group of species listed as endangered species or threatened 
        species under section 4(c)(1), a species or group of species 
        proposed to be listed under section 4(c)(1), or a candidate 
        species or group of candidate species.
            ``(2) Scope of cooperative management agreements.--
                    ``(A) In general.--A cooperative management 
                agreement may provide for the management of a species 
                or group of species on both public and private lands 
                that are under the authority, control, or ownership of 
a State or group of States, political subdivision of a State, local 
government, or other non-Federal person and that are affected by a 
listing determination, proposed determination, or proposed candidacy 
for determination.
                    ``(B) Activities on private property.--A 
                cooperative management agreement may not restrict 
                activity on private property unless the individual 
                property owner gives written consent to the restriction 
                to the Secretary or the State, political subdivision, 
                local government, or other non-Federal person that is a 
                party to the agreement.
                    ``(C) Activities on federally owned lands.--The 
                Secretary may grant to the non-Federal party to the 
                agreement the authority to undertake programs to 
                enhance the population or habitat of a species on 
                federally owned lands, except that the authority shall 
                not conflict with other uses of the land that are 
                approved by the Federal agency having jurisdiction over 
                the land or authorized by Congress.
            ``(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) In general.--The requesting party shall 
                develop and submit to the Secretary a proposed 
                cooperative management agreement.
                    ``(B) Notice and comment.--The Secretary shall--
                            ``(i) 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
                            ``(ii) hold a public hearing on such a 
                        proposed cooperative management agreement in 
                        each county in which the proposed agreement 
                        would be in effect.
                    ``(C) Consideration of comments.--Before entering 
                into a cooperative management agreement with a 
                governmental entity, the Secretary shall consider and 
                weigh carefully all information received in response to 
                the request for comment published under subparagraph 
                (B)(i) and the testimony presented in each hearing held 
                under subparagraph (B)(ii).
            ``(5) Approval of agreement.--
                    ``(A) In general.--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) Criteria for approval.--The Secretary shall 
                approve and enter into a proposed cooperative 
                management agreement if the Secretary determines that--
                            ``(i) the requesting party has sufficient 
                        authority under law to implement and carry out 
                        the terms of the agreement;
                            ``(ii) the agreement identifies 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 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 
                        agreement; and
                            ``(vi) the agreement is adequately funded 
                        to carry out the agreement.
                    ``(C) Notice of availability of terms.--Not 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 the agreement 
                and the response of the Secretary to all information 
                received or presented with respect to the agreement 
                under paragraph (4)(B).
            ``(6) Volunteer status.--The Secretary may designate any 
        non-Federal person participating or assisting in the 
        implementation of a cooperative management agreement as a 
        volunteer under section 7(c) of the Fish and Wildlife Act of 
        1956 (16 U.S.C. 742f(c)).
            ``(7) Technical assistance.--The Secretary shall provide 
        technical assistance for the development and implementation of 
        a cooperative management agreement with a non-Federal person.
            ``(8) Environmental assessments.--The preparation, 
        approval, and entering into of a cooperative management 
        agreement shall not be subject to section 7(a)(2) of this Act 
        or section 102(2) of the National Environmental Policy Act of 
        1969 (42 U.S.C. 4332(2)).
            ``(9) No surprises.--
                    ``(A) In general.--Except under extraordinary 
                circumstances determined under subparagraph (B), no 
                additional measures to minimize and mitigate impacts on 
                a species that is a subject of a cooperative management 
                agreement shall be required of a non-Federal party to 
                the agreement that is in compliance with the agreement. 
                With respect to any species that is a subject of such a 
                cooperative management agreement, under no circumstance 
                shall a non-Federal party in compliance with the 
                cooperative management agreement 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 under the 
                cooperative management agreement, without the consent 
                of the non-Federal party.
                    ``(B) Extraordinary circumstances.--
                            ``(i) In general.--The Secretary shall have 
                        the burden of demonstrating and clearly 
                        documenting that an extraordinary circumstance 
                        under subparagraph (A) exists.
                            ``(ii) Data.--In making the determination 
                        whether an extraordinary circumstance under 
                        subparagraph (A) exists, the Secretary shall 
                        use the best scientific and commercial data 
                        available.
                            ``(iii) Factors.--The Secretary shall 
                        establish, by regulation, the factors to be 
                        considered in making the determination whether 
                        an extraordinary circumstance under 
                        subparagraph (A) exists.
            ``(10) Effect of listing of species.--A cooperative 
        management agreement 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 a 
        threatened species under section 4.
            ``(11) Applicability of certain provisions.--Sections 5, 7, 
        and 9 shall not apply to such activities of a party to a 
        cooperative management agreement as are conducted in accordance 
        with the agreement.
            ``(12) Violations of agreements.--
                    ``(A) Notification.--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) Effects of violations.--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 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 
                        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.'';
            (2) in the first sentence of subsection (d)(1), by striking 
        ``subparagraph (C) of section 4(b)(3)'' and inserting ``section 
        4(b)(2)(C)(iii)'';
            (3) in subsection (f)--
                    (A) in the first sentence, by redesignating 
                paragraphs (1) and (2) as subparagraphs (A) and (B), 
                respectively;
                    (B) by striking ``Laws.--Any State'' and inserting 
                the following: ``Laws.--
            ``(1) Fish and wildlife.--Any State''; and
                    (C) by adding at the end the following:
            ``(2) Water.--
                    ``(A) In general.--
                            ``(i) Requirements governing acquisition.--
                        Subject to subparagraph (B), if the Secretary 
                        determines that water is required for a goal, 
                        purpose, or objective of this Act with respect 
                        to a species, the water shall be acquired in 
                        accordance with the substantive and procedural 
                        requirements of the State in which the species 
                        is located.
                            ``(ii) Minimum quantity required to avoid 
                        jeopardy.--Subject to subparagraph (B), in a 
                        case in which a specified flow condition or 
                        lake level is found by the Secretary to be the 
                        minimum quantity of water necessary to avoid 
                        jeopardy to a species listed as endangered or 
                        threatened under section 4(c)(1) after the 
                        implementation of all reasonable and prudent 
                        alternatives or measures that do not involve 
                        water, the Secretary may request that a permit 
                        or license applicant implement such measures as 
                        would avoid jeopardy to the listed species or 
                        the critical habitat of the species without 
                        causing--
                                    ``(I) a reduction in the quantity 
                                of water that would otherwise be 
                                legally available for use by the 
                                applicant; or
                                    ``(II) a material increase in the 
                                cost of the water legally available for 
                                use by the applicant.
                    ``(B) Statutory construction.--An exercise of 
                authority pursuant to or in furtherance of this Act 
                shall not--
                            ``(i) create, expressly or by implication, 
                        a Federal reserved water right;
                            ``(ii) supersede, abrogate, injure, or 
                        otherwise impair any right to the use of any 
                        quantity of water that has been established in 
                        any adjudication that is in conformance with 
                        subsections (a) through (c) of section 208 of 
                        the Department of Justice Appropriation Act, 
                        1953 (43 U.S.C. 666);
                            ``(iii) supersede, modify, or amend any 
                        water allocation established under an 
                        interstate compact or a decision of the United 
                        States Supreme Court;
                            ``(iv) require a change in the nature of 
                        use, or the transfer of, water or any right to 
                        use water, or create a limitation on the 
                        exercise of any right to use water;
                            ``(v) constitute a cause for modifying the 
                        delivery, diversion, nondiversion, or storage 
                        of any water to be delivered by contract; or
                            ``(vi) provide a basis for any limitation 
                        or restriction on any land use or management 
                        activity as a result of any restriction or 
                        limitation on the use of water under 
                        subparagraph (A)(ii).
                    ``(C) Federal reclamation projects and contracts.--
                            ``(i) Projects.--In carrying out this Act, 
                        the Secretary shall continue the use of each 
                        water or power project constructed or to be 
                        constructed under Federal reclamation law (the 
                        Act of June 17, 1902 (32 Stat. 388, chapter 
                        1093), and Acts supplemental to and amendatory 
                        of that Act (43 U.S.C. 371 et seq.)), in 
                        accordance with the authorization for the 
                        project.
                            ``(ii) Contracts.--Nothing in this Act 
                        shall adversely affect any right under a water 
                        storage or use contract or any allocation of an 
                        available supply to the fulfillment of such a 
                        contract.
                    ``(D) Water quality standard.--If a State water 
                quality standard established under the Federal Water 
                Pollution Control Act (33 U.S.C. 1251 et seq.) is 
                adopted by a State for the purpose of protecting, 
                conserving, or recovering any proposed or listed 
                aquatic species, the standard shall be deemed to 
                achieve the purposes of this Act and to meet all 
                requirements and objectives of this Act relating to 
                water quality and the aquatic habitat requirements of 
                the aquatic species.'';
            (4) in subsection (g)--
                    (A) by striking ``Transition.--(1) For purposes'' 
                and all that follows through ``(2) The'' and inserting 
                ``Transition.--The'';
                    (B) by striking ``any State--'' and all that 
                follows through ``which is then'' and inserting ``any 
                State that is at the time of the taking'';
                    (C) by striking ``section 6(c) of this Act'' and 
                inserting ``subsection (c)''; and
                    (D) by striking ``State); or'' and all that follows 
                through the period at the end and inserting 
                ``State).'';
            (5) by redesignating subsections (h) and (i) as subsections 
        (k) and (l), respectively; and
            (6) by inserting after subsection (g) the following:
    ``(h) Habitat Conservation Grants.--
            ``(1) In general.--The Secretary may, from funds 
        appropriated under section 21, 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 of a State or 
        municipality) 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.
            ``(2) Criteria.--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 will be managed for species 
                protection for a period of time that is 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) Transferability.--A grant made under this subsection 
        shall be transferable to subsequent owners of the property for 
        which the grant is provided.
    ``(i) Safe Harbor Agreements.--
            ``(1) In general.--The Secretary may enter into safe harbor 
        agreements with non-Federal persons who own real property for 
        the purpose of encouraging the voluntary management, 
        restoration, or enhancement of non-Federal lands or waters 
        owned by the non-Federal persons to conserve species listed as 
        endangered species or threatened species under section 4(c)(1) 
        and candidate species.
            ``(2) Contents.--A safe harbor agreement entered into under 
        paragraph (1) shall--
                    ``(A) describe the non-Federal land or water that 
                is owned by the non-Federal person and is subject to 
                the agreement;
                    ``(B) identify the technical or other assistance 
                that will be provided to the non-Federal person by the 
                Secretary;
                    ``(C) describe for the land or water that is 
                subject to the agreement, the baseline population size 
                (as of the date of the agreement) of each species that 
                is subject to the agreement;
                    ``(D) designate the participating non-Federal 
                person and any other non-Federal person assisting in 
                the implementation of the agreement as a volunteer 
                under section 7(c) of the Fish and Wildlife Improvement 
                Act of 1956 (16 U.S.C. 742f(c));
                    ``(E) specify a term of years agreed to by the 
                Secretary and the non-Federal person that is of 
                sufficient duration to enhance the conservation of each 
                species that is subject to the agreement;
                    ``(F) provide that the agreement is revocable at 
                the end of the term of years established under 
                subparagraph (E) by the non-Federal person on written 
                notice to the Secretary;
                    ``(G) describe any measures necessary to further 
                the conservation of the species that is subject to the 
                agreement through management, restoration, or creation 
                of habitat on which the species depends; and
                    ``(H) authorize the taking of a species that is 
                subject to the agreement that is incidental to, and not 
                the purpose of, the carrying out of any otherwise 
lawful activity on the land or water that is subject to the agreement, 
except that the taking may not reduce the baseline population size of 
the species below the level described under subparagraph (C).
    ``(j) Delegation of Authority to States.--
            ``(1) In general.--At the request of a State, the Secretary 
        shall delegate to the State the authority to develop and 
        implement a conservation plan for a species or group of species 
        listed as endangered or threatened under section 4(c)(1), 
        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 the authority and 
        capability, the Secretary shall--
                    ``(A) notify the Governor of the State of the 
                specific concerns of the Secretary and specify such 
                measures as are necessary to address the concerns; and
                    ``(B) provide the Governor with the opportunity to 
                take the measures.
            ``(2) Monitoring by the secretary.--The Secretary shall 
        monitor the actions of States in developing and implementing 
        conservation plans under this subsection.
            ``(3) Coordination between states.--The Secretary shall 
        assist States in coordinating actions under this subsection 
        with the actions of other affected States in which the affected 
        species may occur.
            ``(4) Resumption of federal authority.--If the Secretary 
        determines that a State to which authority has been delegated 
        under this subsection is not developing or implementing a 
        conservation plan in compliance with this Act and the 
        conservation objective for the species, the Secretary shall so 
        notify the State and shall specify the nature of the 
        noncompliance. If the State fails to adequately respond or to 
        come into compliance by the date that is 60 days after the date 
        of the notification, the Secretary may resume responsibility 
        for the development and implementation of the conservation 
        plan.''.
    (b) Conforming Amendment.--The table of contents in the first 
section (16 U.S.C. prec. 1531) is amended by striking the item relating 
to section 6 and inserting the following:

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

SEC. 8. INTERAGENCY COOPERATION.

    Section 7 (16 U.S.C. 1536) is amended--
            (1) in subsection (a)--
                    (A) in the second sentence of paragraph (1), by 
                striking ``All'' and inserting ``Except as provided in 
                subsections (b)(4), (j)(1), and (l)(1)(B) of section 5, 
                all'';
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Consultation.--
                    ``(A) In general.--Except as provided in 
                subsections (b)(4), (j)(2), and (l)(1)(B) of section 5, 
                each Federal agency shall ensure that any action 
                authorized, funded, or carried out by the agency 
                (referred to in this section as an `agency action') 
                that affects any endangered species or threatened 
                species or designated critical habitat of the species 
                is not likely to jeopardize the continued existence of 
                the species.
                    ``(B) Actions likely to significantly and adversely 
                affect species.--In the case of an agency action that 
                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.
                    ``(C) Other consultation.--Subject to section 
                5(j)(2), a Federal agency may initiate consultation 
                with the Secretary to receive guidance from the 
                Secretary on the consistency of an agency action with--
                            ``(i) the conservation plan or conservation 
                        objective for the species;
                            ``(ii) an incidental taking permit for the 
                        species; or
                            ``(iii) a cooperative management agreement 
                        concerning the species.
                    ``(D) Consideration of information and other law.--
                In fulfilling the requirements of this paragraph, each 
                agency shall--
                            ``(i) use the best scientific and 
                        commercial data available;
                            ``(ii) consider any opinion and any 
                        reasonable and prudent alternatives developed 
                        under subsection (b)(3); and
                            ``(iii) render the decision of the agency 
                        in a manner consistent with the obligations and 
                        responsibilities of the agency under each 
                        applicable statute, treaty, interstate compact, 
                        and contractual agreement.'';
                    (C) in paragraph (3)--
                            (i) by inserting ``with the involvement 
                        of,'' after ``at the request of,''; and
                            (ii) by striking ``his project'' and 
                        inserting ``the project of the applicant, that 
                        the project is inconsistent with the 
                        conservation plan or conservation objective, an 
                        incidental taking permit, or a cooperative 
                        management agreement, for the species,'';
                    (D) in the first sentence of paragraph (4), by 
                striking ``or result in the destruction or adverse 
                modification of critical habitat proposed to be 
                designated for such species'' and inserting ``or to 
                destroy or adversely modify any habitat that is 
                proposed to be designated by the Secretary as critical 
                habitat of such a species in a manner that is likely to 
                jeopardize the continued existence of the species''; 
                and
                    (E) by adding at the end the following:
            ``(5) 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 guidance provided in a 
                final conservation plan described in section 5(j) or a 
                conservation objective described in section 5(b)(4);
                    ``(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
                    ``(D) is considered routine operation, maintenance, 
                or repair to a Federal or non-Federal project or 
                facility, including operation of a project or facility 
                in accordance with a previously issued Federal license 
                or permit.
            ``(6) Actions not constituting takings.--An agency action 
        shall not constitute a taking of a species prohibited by this 
        Act (including any regulation issued under this Act) if the 
        action is--
                    ``(A) described in paragraph (1) or (2) of section 
                5(j); or
                    ``(B) consistent with a cooperative management 
                agreement or an incidental taking permit.
            ``(7) Relationship to duties under other laws.--
                    ``(A) In general.--The responsibilities of a 
                Federal agency under this Act shall not supersede 
                duties assigned to the Federal agency by any other law 
                or by any treaty or interstate compact.
                    ``(B) Resolution of conflicts.--
                            ``(i) Request by the agency.--If a Federal 
                        agency determines that the responsibilities and 
                        duties described in subparagraph (A) are in 
                        irreconcilable conflict, the agency shall 
                        request the President to resolve the conflict.
                            ``(ii) Decision by the president.--In 
                        resolving a conflict under clause (i), the 
                        President shall consider and choose the course 
                        of action that best meets the public interest 
                        and, to the extent practicable, balances 
                        pursuit of the conservation objective or the 
                        purposes of the conservation plan with pursuit 
                        of the purposes of the other law, treaty, or 
                        interstate compact.
            ``(8) 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 project or facility shall be limited to the consideration 
        of the effects that result from the modification that comprises 
        the agency action.'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``initiated or, subject to subparagraph (B), 
                        within such other period of time as is mutually 
                        agreeable to the Secretary and the Federal 
                        agency.'' and inserting ``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).'';
                            (ii) in subparagraph (B)--
                                    (I) in the first sentence--
                                            (aa) by striking ``In'' and 
                                        inserting ``Subject to 
                                        subparagraph (A), in''; and
                                            (bb) in clause (ii), by 
                                        striking ``150 or more days'' 
                                        and inserting ``on or after the 
                                        150th day but before the 210th 
                                        day''; and
                                    (II) by striking the second 
                                sentence; and
                            (iii) by adding at the end the following:
                    ``(C) Effect of failure to timely conclude 
                consultation.--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 to be met and the Federal agency may proceed 
                with the agency action.
                    ``(D) Participation by applicant.--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.'';
                    (B) in paragraph (3)(A)--
                            (i) by striking ``(3)(A) Promptly'' and 
                        inserting the following:
            ``(3) Written opinion of secretary.--
                    ``(A) Issuance.--
                            ``(i) In general.--Promptly'';
                            (ii) in clause (i) (as so designated)--
                                    (I) in the first sentence, by 
                                inserting after ``detailing'' the 
                                following: ``whether the agency action 
                                is consistent with the conservation 
                                plan or conservation objective, an 
                                incidental taking permit, or a 
                                cooperative management agreement and''; 
                                and
                                    (II) by striking the second 
                                sentence and inserting the following: 
                                ``If the Secretary determines that the 
                                action is likely to jeopardize the 
                                continued existence of the species 
                                under subsection (a)(2), the Secretary 
                                shall suggest reasonable and prudent 
                                alternatives (considering any 
                                reasonable and prudent alternatives 
                                undertaken by other Federal agencies 
                                and the use of mitigation banks) that 
                                are consistent with subsection (a)(2) 
                                and that impose the least social and 
                                economic costs. Each reasonable and 
                                prudent alternative shall be 
                                reasonable, prudent, economically and 
                                technologically feasible (including 
                                feasible for an applicant, if any), and 
                                consistent with the legal authority and 
                                jurisdiction of the agency.''; and
                            (iii) by adding at the end the following:
                            ``(ii) Scope.--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.'';
                    (C) in clause (ii) of paragraph (4), by inserting 
                ``, including the use of mitigation banks,'' after 
                ``measures''; and
                    (D) by adding at the end the following:
            ``(5) Use of mitigation banks.--With the approval of the 
        Secretary, a Federal agency may apply credits obtained from a 
        mitigation bank to satisfy a requirement to implement any 
        reasonable and prudent alternative under paragraph (3) or 
        reasonable and prudent measure under paragraph (4).
            ``(6) Risk assessment.--
                    ``(A) In general.--Any opinion of the Secretary 
                provided under this subsection shall include a clear 
                and concise statement that--
                            ``(i) describes and, to the extent 
                        practicable, quantifies the risks to endangered 
                        species, threatened species, or critical 
                        habitat to be addressed by the opinion and any 
                        reasonable and prudent measures, reasonable and 
                        prudent alternatives, or other terms specified 
                        in the opinion and recommended for the Federal 
                        agency or applicant to follow;
                            ``(ii) estimates--
                                    ``(I) the costs to the Federal 
                                Government, State and local 
                                governments, the applicant, and the 
                                private sector of implementing and 
                                complying with the elements of the 
                                opinion described in clause (i); and
                                    ``(II) the benefits of the elements 
                                of the opinion described in clause (i);
                        including both quantifiable measures of costs 
                        and benefits, to the fullest extent that the 
                        costs and benefits can be estimated, and 
                        qualitative measures that are difficult to 
                        quantify; and
                            ``(iii) contains a certification by the 
                        Secretary that--
                                    ``(I) the analyses performed under 
                                clauses (i) and (ii) are based on the 
best scientific and commercial data available;
                                    ``(II) the elements of the opinion 
                                described in clause (i) are likely to 
                                significantly reduce the risks to the 
                                endangered species, threatened species, 
                                or critical habitat addressed by the 
                                opinion;
                                    ``(III) there is no regulatory or 
                                administrative alternative that is 
                                allowed by this Act that would achieve 
                                an equivalent reduction in risk in a 
                                more cost-effective manner, along with 
                                a brief explanation of why the 
                                regulatory or administrative 
                                alternatives that were considered by 
                                the Secretary were found to be less 
                                cost-effective; and
                                    ``(IV) the elements of the opinion 
                                described in clause (i) are likely to 
                                produce benefits to endangered species, 
                                threatened species, or critical habitat 
                                that will justify the costs to the 
                                Federal Government, State and local 
                                governments, any applicant, and the 
                                private sector of implementing and 
                                complying with the elements.
                    ``(B) No effect on other law or action.--Nothing in 
                this paragraph--
                            ``(i) affects any other Federal law;
                            ``(ii) changes the factors that the 
                        Secretary shall consider under this subsection 
                        in issuing the opinion; or
                            ``(iii) shall delay any action required to 
                        meet a deadline imposed by law or a court.
                    ``(C) No effect on rights.--
                            ``(i) In general.--Nothing in this 
                        paragraph creates any right to judicial or 
                        administrative review, or creates any right or 
                        benefit, substantive or procedural, enforceable 
                        at law or equity by a party against the United 
                        States, an agency, instrumentality, officer, or 
                        employee of the United States, or any other 
                        person.
                            ``(ii) Use in other review.--If the 
                        elements of the opinion described in 
                        subparagraph (A)(i) are subject to judicial or 
                        administrative review under any other law, the 
                        adequacy of the certification prepared under 
                        subparagraph (A)(iii), and any alleged failure 
                        to comply with this paragraph, may not be used 
                        as grounds for affecting or invalidating the 
                        opinion, although the statements and 
                        information prepared under this paragraph, 
                        including statements contained in the 
                        certification, may be considered as part of the 
                        record for judicial or administrative review 
                        conducted under the other law.'';
            (3) in subsection (c)--
                    (A) by striking ``(1)''; and
                    (B) by striking paragraph (2);
            (4) in subsection (d)--
                    (A) by striking ``Resources.--After''; and 
                inserting the following: ``Resources.--
            ``(1) In general.--Except as provided in paragraph (2), 
        after''; and
                    (B) by adding at the end the following:
            ``(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), an agency action that is 
        consistent with the plan may (subject to subparagraph (B)(ii)) 
        be undertaken 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.'';
            (5) by striking subsection (e) and inserting the following:
    ``(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 the 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.''; and
            (6) by striking subsections (f) through (p) and inserting 
        the following:
    ``(f) Written Statements Provided After Consultation.--
Notwithstanding section 4(d) and subparagraphs (B) and (C) of section 
9(a)(1) of this Act and sections 101 and 102 of the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1371 and 1372), any taking that is in 
compliance with the terms and conditions set forth in a written 
statement provided under clause (iv) of subsection (b)(4) shall not be 
considered to be a prohibited taking of the species that is the subject 
of the statement.''.

SEC. 9. INTERNATIONAL COOPERATION.

    Section 8(b) (16 U.S.C. 1537) is amended--
            (1) by striking ``Programs.--In'' and inserting the 
        following: ``Programs.--
            ``(1) In general.--In'';
            (2) by striking ``(1) foreign'' and all that follows 
        through ``section 4 of this Act;'';
            (3) by striking ``(2) the entering'' and inserting the 
        following:
                    ``(A) the entering'';
            (4) by striking ``(3) foreign'' and inserting the 
        following:
                    ``(B) foreign''; and
            (5) by adding at the end the following:
            ``(2) Cooperation with foreign nations.--
                    ``(A) Findings.--Congress finds that--
                            ``(i) along with the United States, other 
                        nations have pledged to conserve wildlife as 
                        sovereign states in the international community 
                        and as parties to the Convention; and
                            ``(ii) many of these nations are in the 
                        best position to know and to conserve the 
                        wildlife that occurs in the nations.
                    ``(B) Cooperation.--In conserving foreign species 
                under this Act, the Secretary and the Secretary of 
                State shall act cooperatively with nations described in 
                subparagraph (A). To the extent that the conservation 
                programs of the nations are consistent with the 
                Convention, the Secretary and the Secretary of State 
                shall not take any action under this Act that obstructs 
                the programs unless the Secretary demonstrates good 
                cause for the action based on adequate findings 
                supported by substantial evidence.''.

SEC. 10. CONVENTION IMPLEMENTATION.

    Section 8A (16 U.S.C. 1537a) is amended by adding at the end the 
following:
    ``(f) Nonduplication of Findings.--In making the finding required 
by paragraph 3(a) of Article III of the Convention, the Secretary shall 
limit the finding to the purpose of the importation, and shall not 
duplicate the findings required to be made by the exporting nation that 
is a party to the Convention except for good cause based on adequate 
findings supported by substantial evidence.
    ``(g) Relationship of Protective Regulations to the Convention.--
            ``(1) In general.--In issuing protective regulations under 
        section 4(d) with respect to a foreign species, the Secretary--
                    ``(A) shall not prohibit any act that is permitted 
                under the Convention, notwithstanding Article XIV of 
                the Convention; and
                    ``(B) prior to publishing the proposed protective 
                regulations in the Federal Register, shall--
                            ``(i) transmit the full text and a complete 
                        description of the proposed regulations 
                        (including the information described in 
                        paragraph (2)) directly to the appropriate 
                        wildlife management authority of each nation in 
                        which the species naturally occurs, in an 
                        official language of the nation; and
                            ``(ii) provide to each authority a period 
                        of not less than 180 days (beginning on the 
                        date of receipt by the authority of the 
                        materials described in clause (i)) for review 
                        and comment on the proposed regulations.
            ``(2) Analyses.--Materials transmitted under paragraph 
        (1)(B)(i) shall include--
                    ``(A) a readily understandable, nontechnical 
                explanation of the reasons for and purpose of the 
                proposed regulations;
                    ``(B) an analysis of the anticipated beneficial or 
                detrimental impacts of the regulation on--
                            ``(i) the economic, social, and cultural 
                        utilization of the species by the nation, if 
                        any; and
                            ``(ii) the resource management and 
                        conservation programs of the nation; and
                    ``(C) a summary of--
                            ``(i) the literature reviewed and experts 
                        consulted by the Secretary with respect to the 
                        species; and
                            ``(ii) the findings of the Secretary based 
                        on the review and consultation.
            ``(3) Discussions with foreign officials.--The Secretary 
        shall enter into discussions with the officials of each 
        wildlife management authority to which materials are 
        transmitted under paragraph (1)(B)(i). If the officials 
        determine that further studies of the species should be 
        conducted, the Secretary shall assist the officials in 
        obtaining funds for the studies and in carrying out the 
        studies.
            ``(4) Concurrence of foreign officials.--Prior to 
        publishing proposed protective regulations in the Federal 
        Register under section 4(d), the Secretary shall make every 
        effort to obtain the written concurrence to the regulations of 
        each wildlife management authority to which materials are 
        transmitted under paragraph (1)(B)(i). If the concurrence is 
        not obtained, the Secretary may not issue the proposed 
        regulations without first submitting the regulations to and 
        obtaining the approval of the President.''.

SEC. 11. PROHIBITED ACTS.

    Section 9(a) (16 U.S.C. 1538(a)) is amended--
            (1) in paragraph (1), by striking ``sections 6(g)(2) and 10 
        of this Act'' and inserting ``paragraph (3), subsections (j)(3) 
        and (l) of section 5, and sections 6(g) and 10'';
            (2) in paragraph (2), by striking ``sections 6(g)(2) and 10 
        of this Act'' and inserting ``subsections (j)(3) and (l) of 
        section 5, and sections 6(g) and 10''; and
            (3) by adding at the end the following:
            ``(3) Permitted takings.--An activity of a non-Federal 
        person shall be deemed not to constitute a taking of a species 
        if the activity--
                    ``(A) is consistent with the applicable guidance of 
                a conservation plan or conservation objective;
                    ``(B) complies with the terms and conditions of an 
                incidental taking permit or a cooperative management 
                agreement; or
                    ``(C) addresses a critical, imminent threat to 
                public health or safety or a catastrophic natural 
                event.
            ``(4) Inherently limited use.--The provisions of subsection 
        (a) prohibiting importation shall not apply to a member of a 
        threatened species--
                    ``(A) taken for scientific collection, live export 
                for captive breeding, sport hunting, or falconry in 
                accordance with the laws of a foreign nation that is a 
                party to the Convention; and
                    ``(B) accompanied by an export permit issued by the 
                nation or an equivalent document.''.

SEC. 12. EXCEPTIONS AND INCENTIVES.

    (a) In General.--Section 10 (16 U.S.C. 1539) is amended--
            (1) in the section heading, by inserting ``and incentives'' 
        after ``exceptions'';
            (2) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by inserting ``reasonable'' after 
                        ``under such''; and
                            (ii) in subparagraph (A)--
                                    (I) by striking ``to, acts'' and 
                                inserting the following: ``to--
                    ``(i) acts'';
                                    (II) in clause (i) (as so 
                                designated), by striking ``or'' at the 
                                end; and
                                    (III) by adding at the end the 
                                following:
                    ``(ii) the public display or exhibition of living 
                wildlife in a manner designed to educate, or that 
                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 research concerning, and 
                the carrying out of, captive propagation programs; 
                or'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``No'' and 
                                inserting ``Except as provided in 
                                paragraph (3), no'';
                                    (II) by inserting ``non-Federal'' 
                                before ``conservation plan'';
                                    (III) in clause (i), by striking 
                                ``such taking'' and inserting ``the 
                                activities to be permitted''; and
                                    (IV) in clause (ii), by inserting 
                                ``including the use of mitigation 
                                banks,'' after ``impacts,'';
                            (ii) in subparagraph (B)--
                                    (I) in the first sentence, by 
                                inserting ``non-Federal'' before 
                                ``conservation plan''; and
                                    (II) by adding at the end the 
                                following: ``Notwithstanding the 
                                preceding sentence, the terms and 
                                conditions of the permit shall relate 
                                only to the removal of factors that 
                                actually prevent the achievement and 
                                maintenance of populations of the 
                                species, in the area in which the 
                                proposed activity is to be carried out, 
                                at the level specified in the 
                                conservation plan in quantitative 
                                biological terms.''; and
                            (iii) by striking subparagraph (C) and 
                        inserting the following:
                    ``(C) Use of mitigation banks.--With the approval 
                of the Secretary, credits obtained from a mitigation 
                bank may be used to satisfy, in whole or in part, the 
                requirement for a non-Federal conservation plan under 
                this paragraph.
                    ``(D) Scope of permit.--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, 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, unless the Secretary 
                determines that the requirement will not appreciably 
                increase the time or cost of processing the application 
                or the cost of implementing the permit.
                    ``(E) Environmental assessments.--The preparation 
                and approval of a non-Federal conservation plan and 
                issuance of a permit under paragraph (1)(B) shall not 
                be subject to section 7 of this Act or section 102(2) 
                of the National Environmental Policy Act of 1969 (42 
                U.S.C. 4332(2)).
                    ``(F) No surprises.--
                            ``(i) In general.--Except under 
                        extraordinary circumstances determined under 
                        clause (ii), 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 under the permit, without the 
                        consent of the permittee.
                            ``(ii) Extraordinary circumstances.--
                                    ``(I) In general.--The Secretary 
                                shall have the burden of demonstrating 
                                and clearly documenting that an 
                                extraordinary circumstance under clause 
                                (i) exists.
                                    ``(II) Data.--In making the 
                                determination whether an extraordinary 
                                circumstance under clause (i) exists, 
                                the Secretary shall use the best 
                                scientific and commercial data 
                                available.
                                    ``(III) Factors.--The Secretary 
                                shall establish, by regulation, the 
                                factors to be considered in making the 
                                determination whether an extraordinary 
                                circumstance under clause (i) exists.
                    ``(G) Interim permit.--
                            ``(i) In general.--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 and mitigate 
                                any 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) Contents.--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 the termination of a 60-
                                day period following notice to the 
                                applicant for any failure to comply 
                                with any term of the interim permit.
                    ``(H) Revocation of permit.--The Secretary shall 
                revoke a permit issued under this paragraph if the 
                Secretary determines that the permittee is not 
                complying with the terms and conditions of the 
                permit.''; and
                    (C) by adding at the end the following:
            ``(3) Voluntary consultation by non-federal persons.--
                    ``(A) In general.--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 whether 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) Procedures and requirements.--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 specified in section 7, except that--
                            ``(i) the period for completion of the 
                        consultation shall end 90 days after 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 shall be deemed to be 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 the person 
                        requests an incidental taking permit 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 under 
                                subparagraph (A)(i);
                                    ``(II) no jeopardy under 
                                subparagraph (A)(ii); or
                                    ``(III) jeopardy under subparagraph 
                                (A)(ii), but offers a reasonable and 
                                prudent alternative that the person 
                                initiating the consultation accepts.
            ``(4) General permits.--
                    ``(A) In general.--After providing notice and 
                opportunity for public hearing, the Secretary may issue 
                a general permit under paragraph (1)(B) on a county, 
                State, regional, or nationwide basis for any category 
                of activities that may affect a species that is 
                included in a list published under section 4(c)(1) if 
                the Secretary determines that the activities in the 
                category are similar in nature, will cause only minimal 
                adverse effects on the species 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) Duration.--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) Revocation or modification.--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).
                    ``(D) Reports.--The Secretary may require an annual 
                report on the activities authorized by a general 
                permit, but may not require reports more frequently 
                than annually.
            ``(5) Educational and propagation permits.--
                    ``(A) Conditions of issuance.--A permit referred to 
                in clause (ii) or (iv) of paragraph (1)(A) shall be 
                issued if--
                            ``(i) in the case of a permit referred to 
                        in paragraph (1)(A)(ii)--
                                    ``(I) the applicant holds a current 
                                and valid license as an exhibitor under 
                                section 3 of the Animal Welfare Act (7 
                                U.S.C. 2133);
                                    ``(II) the applicant maintains a 
                                public display or exhibition of living 
                                wildlife described in paragraph 
                                (1)(A)(ii); and
                                    ``(III) viewing of the public 
                                display or exhibition is not limited or 
                                restricted other than by charging an 
                                admission fee; and
                            ``(ii) in the case of a permit referred to 
                        in 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 
                        the purpose of--
                                    ``(I) eventual release into the 
                                wild;
                                    ``(II) maintenance of live 
                                specimens; or
                                    ``(III) falconry.
                    ``(B) Deadlines for issuance of permits to 
                experienced persons.--
                            ``(i) Current permit holders.--Not later 
                        than 30 days after the date of enactment of 
                        this paragraph, the Secretary shall issue a 
                        permit under subparagraph (A) to any qualified 
                        organization or person that holds a permit 
                        issued under this Act or a law referred to in 
                        subparagraph (E) and that--
                                    ``(I) has demonstrated the ability 
                                to handle or recover species for a 
                                minimum of 15 years; or
                                    ``(II) has been issued at least 10 
                                such permits in the aggregate and has 
                                not violated any term or condition of 
                                such a permit.
                            ``(ii) Persons not holding permits.--The 
                        Secretary shall issue a permit under 
                        subparagraph (A) not later than 90 days after 
                        the date of receipt of a completed application 
                        from any qualified organization or person that, 
                        as of the date of receipt, does not hold any 
                        permit issued under this Act or a law referred 
                        to in subparagraph (E) but--
                                    ``(I) has demonstrated the ability 
                                to handle or recover species for at 
                                least 15 years; or
                                    ``(II) has been issued at least 10 
                                such permits in the aggregate and has 
                                not violated any term or condition of 
                                such a permit.
                    ``(C) Other terms of educational permits.--
                            ``(i) Term.--A permit referred to in 
                        paragraph (1)(A)(ii) shall be for a term of not 
                        less than 6 years.
                            ``(ii) Additional authority.--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.
                            ``(iii) Revocation.--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.
                    ``(D) Scope of permits.--A permit described in 
                subparagraph (A)--
                            ``(i) shall be the only permit required for 
                        the activities authorized by the permit; and
                            ``(ii) may cover activities for 1 or more 
                        species or taxa simultaneously.
                    ``(E) Consolidation of permits.--Notwithstanding 
                any other law, the Secretary shall consolidate the 
                authorizations for any activities permitted under--
                            ``(i) a permit described in subparagraph 
                        (A);
                            ``(ii) the Act of June 8, 1940 (54 Stat. 
                        250, chapter 278; 16 U.S.C. 668 et seq.) 
                        (commonly known as the `Bald Eagle Protection 
                        Act');
                            ``(iii) the Migratory Bird Treaty Act (16 
                        U.S.C. 703 et seq.);
                            ``(iv) the Migratory Bird Conservation Act 
                        (16 U.S.C. 715 et seq.);
                            ``(v) the Marine Mammal Protection Act of 
                        1972 (16 U.S.C. 1361 et seq.);
                            ``(vi) the Fish and Wildlife Conservation 
                        Act of 1980 (16 U.S.C. 2901 et seq.);
                            ``(vii) the Lacey Act Amendments of 1981 
                        (16 U.S.C. 3371 et seq.);
                            ``(viii) the Wild Bird Conservation Act of 
                        1992 (16 U.S.C. 4901 et seq.); or
                            ``(ix) section 42 of title 18, United 
                        States Code;
                into a single consolidated permit to cover all such 
                authorized activities.''.
            ``(6) Taking of species for inherently limited uses.--
                    ``(A) Rebuttable presumption.--In the case of a 
                determination whether to issue a permit under this 
                subsection with respect to a species, there shall be a 
                rebuttable presumption that the survival of the species 
                is enhanced by the ordinary benefit occurring from the 
                taking of a member of the species for scientific 
                collection, live export for captive breeding, sport 
                hunting, or falconry in accordance with the wildlife 
                management laws of the nation in which the species 
                occurs.
                    ``(B) Prerequisite to limitations by the 
                secretary.--The Secretary may not refuse to issue a 
                permit for a purpose described in subparagraph (A) for 
                a member of a species and may not limit the number of 
                the members that may be imported unless the Secretary--
                            ``(i) issues regulations containing the 
                        limitation; and
                            ``(ii) prior to the issuance of the 
                        regulations, makes and publishes in the Federal 
                        Register a finding that there is substantial 
                        evidence that the detriment resulting from the 
                        taking of the members outweighs the benefit 
                        derived from the taking.
                    ``(C) Transmission to foreign wildlife authority.--
                In the case of a limitation on imports, the Secretary 
                shall--
                            ``(i) transmit the full text and a complete 
                        description of the proposed regulations 
                        referred to in subparagraph (B) directly to the 
                        appropriate wildlife management authority of 
                        each nation from which the species is exported, 
                        in an official language of the nation; and
                            ``(ii) provide to each authority a period 
                        of not less than 180 days (beginning on the 
                        date of receipt by the authority of the 
                        materials described in clause (i)) for review 
                        and comment on the proposed regulations.'';
            (3) in the first sentence of subsection (c), by striking 
        ``this section'' and inserting ``subsection (a)(2) or (b)'';
            (4) in subsection (j)(2)--
                    (A) in subparagraph (B)--
                            (i) by striking ``(B) Before'' and 
                        inserting the following:
                    ``(B) Requirements for experimental population 
                releases.--
                            ``(i) Identifications.--Before'';
                            (ii) by inserting ``and the precise 
                        boundaries of the geographic area for the 
                        release'' after ``the population'';
                            (iii) by inserting ``whether the release is 
                        in the public interest and'' after 
                        ``information,''; and
                            (iv) by adding at the end the following:
                            ``(ii) Other requirements.--In authorizing 
                        the release of a population under subparagraph 
                        (A), the Secretary shall require that--
                                    ``(I) to the extent practicable, 
                                the release occur only in a unit of the 
                                National Park System or the National 
                                Wildlife Refuge System;
                                    ``(II) a release outside such a 
                                unit occur only in an area that has 
                                been identified as a candidate site for 
                                release of the population in a 
                                conservation plan for the species;
                                    ``(III) in the case of a release 
                                outside such 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;
                                    ``(IV) a release on non-Federal 
                                land occur only with the written 
                                consent of the owner of the land; and
                                    ``(V) 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.''; and
                    (B) in subparagraph (C)--
                            (i) in clause (i), by striking ``and'' at 
                        the end;
                            (ii) by redesignating clause (ii) as clause 
                        (iii); and
                            (iii) by inserting after clause (i) the 
                        following:
            ``(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 property or the public; and''; and
            (5) by adding at the end the following:
    ``(k) Multiple Species Non-Federal Conservation Plans.--
            ``(1) Inclusion in a non-federal conservation plan.--An 
        applicant for an incidental taking permit may include in the 
        non-Federal conservation plan prepared under subsection 
        (a)(2)(A), in addition to the endangered species for which the 
        permit is applied--
                    ``(A) any threatened species that inhabits the area 
                covered by the plan; and
                    ``(B) any other species that inhabits the area 
                covered by the plan.
            ``(2) Permit conditions and recommendations.--The Secretary 
        shall include in any incidental taking permit issued with 
        respect to a non-Federal conservation plan that includes 
        multiple species as provided in paragraph (1)--
                    ``(A) permission for the incidental taking of any 
                threatened species under section 4(d); and
                    ``(B) recommended terms and conditions to address 
                species included in the plan that have not been 
                determined to be endangered species or threatened 
                species, which recommendations shall become terms and 
                conditions of the permit.
            ``(3) Effect of listing of species.--A multiple species 
        non-Federal 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.
    ``(l) Wildlife Bred in Captivity.--
            ``(1) In general.--In this Act (including any regulation 
        issued under this Act), the terms `bred in captivity' and 
        `captive-bred', with respect to fish or wildlife, mean fish or 
        wildlife progeny, including eggs, born or otherwise produced in 
        captivity from parents that--
                    ``(A) in the case of sexual reproduction, mated or 
                otherwise transferred gametes in captivity; or
                    ``(B) in the case of asexual reproduction, were in 
                captivity when development of the progeny began.
            ``(2) Treatment of progeny.--Fish or wildlife progeny 
        described in paragraph (1) shall be considered to be domestic 
        fish or wildlife for all purposes and shall not be subject to 
        this Act and the laws referred to in subsection (a)(5)(E) 
        unless the progeny are intentionally and permanently released 
        into the wild.
            ``(3) Recordkeeping.--
                    ``(A) In general.--A person holding any fish or 
                wildlife progeny that the person desires to be subject 
                to this subsection shall--
                            ``(i) be able to demonstrate that the 
                        progeny do, in fact, meet the requirements of 
                        paragraph (1); and
                            ``(ii) maintain and submit to the 
                        Secretary, on request, such inventories, 
                        documentation, and records as the Secretary may 
                        require by regulation in accordance with 
                        subparagraph (B).
                    ``(B) Requirements of regulations.--The 
                recordkeeping requirements issued under subparagraph 
                (A)(ii)--
                            ``(i) shall be reasonable and appropriate 
                        to carry out this subsection; and
                            ``(ii) shall not unnecessarily duplicate 
                        the requirements of other regulations issued by 
                        the Secretary.
    ``(m) Recognizing Captive Propagation as a Means of Recovery.--
            ``(1) In general.--In carrying out this Act, the Secretary 
        shall recognize, 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 
        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--
                    ``(A) such a program contributes to enhancement of 
                the population of the species;
                    ``(B) techniques for release to the wild exist that 
                will ensure survival of the species; and
                    ``(C) suitable unoccupied habitat of the species 
                exists at the time the captive reared members of the 
                species become available for release.
    ``(n) Mitigation Banks.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this subsection, the Secretary shall issue 
        regulations in accordance with paragraph (3) providing criteria 
        for the establishment, use, maintenance, and oversight of 
        mitigation banks to promote the conservation of endangered 
        species or threatened species and habitat of the species.
            ``(2) Use of banks.--A mitigation bank that meets the 
        criteria established by the regulations may be used to obtain--
                    ``(A) regulatory credits that may be used to offset 
                adverse impacts to endangered species or threatened 
                species or habitat of the species; or
                    ``(B) other forms of relief from the requirements 
                of this Act.
            ``(3) Criteria.--The regulations issued under paragraph (1) 
        shall ensure that each mitigation bank--
                    ``(A) to the extent practicable and environmentally 
                desirable, provides in-kind replacement of lost habitat 
                functions, and contains habitat located in proximity to 
                the adversely affected habitat for which the habitat in 
                the mitigation bank is an offset;
                    ``(B) is owned and operated by an entity that has 
                the financial ability to meet the requirements of this 
                subsection;
                    ``(C) requires the deposit by the entity of a 
                performance bond or other appropriate demonstration of 
                financial responsibility to support the long-term 
                maintenance of the mitigation bank;
                    ``(D) requires the entity to provide for the long-
                term security of ownership interests of the habitat in 
                the mitigation bank to protect the essential biological 
                and ecological functions associated with the mitigation 
                bank;
                    ``(E) specifies responsibilities for long-term 
                monitoring, maintenance, and protection of the habitat 
                in the mitigation bank;
                    ``(F) employs consistent and scientifically sound 
                methods to--
                            ``(i) determine debits by evaluating the 
                        habitat functions, adverse impacts, and the 
                        duration of each impact at each site of a 
                        proposed activity or agency action that affects 
                        endangered species or threatened species; and
                            ``(ii) determine credits based on the 
                        habitat functions of the habitat contained in 
                        the mitigation bank;
                    ``(G) provides--
                            ``(i) for the transfer of credits for 
                        mitigation that has been performed and for 
                        mitigation that will be performed within a 
                        designated period in the future; and
                            ``(ii) for the posting of financial bonds 
                        in sufficient amount to ensure that the future 
                        mitigation will be performed in the case of 
                        default; and
                    ``(H) provides opportunity for public notice of, 
                and comment on, proposals for a mitigation bank and 
                applications for the use of credits from a mitigation 
                bank.
            ``(4) Reports.--Not later than 1 year after the date of 
        enactment of this subsection, and annually thereafter, the 
        Secretary shall submit a report to the Committee on Environment 
        and Public Works of the Senate and the Committee on Resources 
        of the House of Representatives describing Federal actions 
        taken to encourage non-Federal parties to establish mitigation 
        banks, and providing information on the performance of the 
        mitigation banks that have been established.''.
    (b) Conforming Amendment.--The table of contents in the first 
section (16 U.S.C. prec. 1531) is amended by striking the item relating 
to section 10 and inserting the following:

``Sec. 10. Exceptions and incentives.''.

SEC. 13. PENALTIES AND ENFORCEMENT.

    Section 11 (16 U.S.C. 1540) is amended--
            (1) in subsection (d)--
                    (A) in paragraph (2) of the first sentence, by 
                inserting ``endangered or threatened'' after 
                ``temporary care for any''; and
                    (B) in the last sentence, by striking ``section 
                6(i) of this Act'' and inserting ``section 6(l)'';
            (2) in subsection (e)--
                    (A) in the fourth sentence of paragraph (3), by 
                striking ``fish, wildlife,'' and inserting ``endangered 
                or threatened fish or wildlife,'';
                    (B) in paragraph (4)--
                            (i) in subparagraph (A), by inserting 
                        ``endangered or threatened'' before ``fish''; 
                        and
                            (ii) in subparagraph (B), by inserting 
                        ``endangered or threatened'' before ``fish'';
                    (C) by redesignating paragraphs (5) and (6) as 
                paragraphs (7) and (8), respectively; and
                    (D) by inserting after paragraph (4) the following:
            ``(5) Identification of specimens.--
                    ``(A) Burden of proof.--In carrying out this 
                section, the burden of proof shall be on the Secretary 
                to demonstrate that a specimen belongs to a species 
                that has been determined to be an endangered species or 
                a threatened species under this Act, or is included in 
                an Appendix to the Convention.
                    ``(B) Limitation on detaining specimens.--The 
                Secretary may not detain a specimen for a period of 
                longer than 30 days for the purpose of identification, 
                unless the specimen has been substantially changed from 
                the natural appearance of the specimen, in which case 
                the specimen may be retained for an additional 30 days 
                for identification. If the specimen cannot be 
                identified within that period, the specimen shall be 
                released.
            ``(6) Basis of actions.--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.'';
            (3) in subsection (f)--
                    (A) by striking ``Regulations.--The'' and inserting 
                the following: ``Regulations.--
            ``(1) Enforcement and fees.--The'';
                    (B) in the first sentence of paragraph (1) (as so 
                designated), by inserting ``endangered or threatened'' 
                before ``fish''; and
                    (C) by adding at the end the following:
            ``(2) Requirement of other regulations.--An interpretation, 
        policy, guideline, finding, or other informal determination may 
        not be relied on by the Secretary in the enforcement of this 
        Act unless a regulation has been issued containing the 
        determination, after notice and opportunity for comment for a 
        period of not less than 60 days. A proposed regulation under 
        this paragraph shall include--
                    ``(A) a readily understandable, nontechnical 
                explanation of the reasons for and the purpose of the 
                proposed regulation;
                    ``(B) an analysis showing that compliance with the 
                regulation is reasonably within the means of each 
                nation that is a party to the Convention; and
                    ``(C) a summary of--
                            ``(i) the literature reviewed and experts 
                        consulted by the Secretary with respect to the 
                        regulation; and
                            ``(ii) the findings of the Secretary based 
                        on the review and consultation.''; and
            (4) in subsection (g)--
                    (A) in paragraph (1)--
                            (i) in the first sentence--
                                    (I) in subparagraph (A)--
                                            (aa) by striking ``any 
                                        person, including the United 
                                        States'' and inserting ``the 
                                        United States or any agency or 
                                        official of the United 
                                        States''; and
                                            (bb) by striking 
                                        ``thereof;'' and inserting ``of 
                                        this Act, if the violation 
                                        poses immediate and irreparable 
                                        harm to an endangered species 
                                        or a threatened species;'';
                                    (II) by striking subparagraph (B); 
                                and
                                    (III) by redesignating subparagraph 
                                (C) as subparagraph (B);
                            (ii) in the second sentence, by striking 
                        ``without regard to the amount in controversy 
                        or the citizenship of the parties,''; and
                            (iii) by striking the last sentence;
                    (B) in paragraph (2)--
                            (i) by striking subparagraph (B);
                            (ii) by redesignating subparagraph (C) as 
                        subparagraph (B); and
                            (iii) in subparagraph (B) (as so 
                        redesignated)--
                                    (I) by striking ``subparagraph 
                                (1)(C) of this section'' and inserting 
                                ``paragraph (1)(B)''; and
                                    (II) by inserting before the period 
                                at the end the following: ``included in 
                                a list published under section 
                                4(c)(1)'';
                    (C) in paragraph (3)--
                            (i) by striking ``(3)(A) Any'' and 
                        inserting the following:
            ``(3) Venue.--Any''; and
                            (ii) by striking subparagraph (B); and
                    (D) by adding at the end the following:
            ``(6) Actions to remedy economic injury.--Any person 
        (including a person that sustains actual or imminent economic 
        injury as a direct or indirect result of the implementation of, 
        or a violation of, this Act or a regulation issued under this 
        Act by the United States or any agency or official of the 
        United States) may--
                    ``(A) to the full extent permitted by the 
                Constitution without regard to any prudential 
                limitations, commence a civil suit as authorized by 
                this subsection to--
                            ``(i) remedy any violation of this Act or a 
                        regulation issued under this Act by the United 
                        States or any agency or official of the United 
                        States; or
                            ``(ii) challenge this Act or a regulation 
                        issued under this Act or the implementation of 
                        this Act or the regulation; and
                    ``(B) intervene as a matter of right in any suit 
                brought under this Act that threatens to cause injury 
                to the person or relates to any injury sustained by the 
                person, which intervener shall have the same right to 
                present argument and to accept or reject potential 
                settlements as do the parties to the suit.''.

SEC. 14. ENDANGERED PLANTS.

    Section 12 (16 U.S.C. 1541) is amended to read as follows:

                          ``endangered plants

    ``Sec. 12. The Commission, in cooperation with the Secretary of the 
Smithsonian Institution and the heads of other affected agencies, 
shall--
            ``(1) review species of plants that, as of the date of 
        enactment of this paragraph--
                    ``(A) are or may become endangered or threatened 
                within any State; and
                    ``(B) are known to produce pharmaceutical or 
                agricultural biochemicals; and
            ``(2) not later than 1 year after the date of enactment of 
        this paragraph, report to the Secretary on the results of the 
        review.''.

SEC. 15. ENDANGERED SPECIES COMMISSION.

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

                    ``endangered species commission

    ``Sec. 13. (a) Establishment.--
            ``(1) In general.--There is established an advisory 
        committee to the Secretary to be known as the `Endangered 
        Species Commission'.
            ``(2) Membership.--
                    ``(A) In general.--The Commission shall be composed 
                of 5 members who shall be appointed by the President, 
                by and with the advice and consent of the Senate, from 
                a list of individuals submitted under subparagraph (B). 
                Each field described in subparagraph (B) shall be 
                represented by 1 member of the Commission.
                    ``(B) List.--Not later than 100 days after the date 
                of enactment of this paragraph, and as required 
                thereafter, the Secretary, after obtaining 
                recommendations from the Governors of the States, the 
                Secretary of the Smithsonian Institution, the Director 
                of the National Science Foundation, and the Chairman of 
                the National Academy of Sciences, shall submit to the 
                President a list of individuals who are recognized 
                authorities in the fields of botany, zoology, ecology, 
                resource management, and economics.
                    ``(C) Prohibition on employment by the federal 
                government.--A member of the Commission may not, during 
                the period of service of the member on the Commission, 
                hold any other position as an officer or employee of 
                the Federal Government, except as a retired officer of 
                the Armed Forces.
                    ``(D) Terms.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the term of office of a member of 
                        the Commission shall be 3 years.
                            ``(ii) Initial terms.--Of the members 
                        initially appointed to the Commission, the term 
                        of 1 member shall be 1 year, the term of 1 
                        member shall be 2 years, and the term of 1 
                        member shall be 3 years.
                            ``(iii) Reappointment.--A member shall not 
                        be eligible for reappointment, except that any 
                        member appointed to fill a vacancy occurring 
                        before the expiration of the term for which the 
                        predecessor of the member was appointed--
                                    ``(I) shall be appointed for the 
                                remainder of the term; and
                                    ``(II) shall be eligible for 
                                reappointment for 1 full term.
                            ``(iv) Extended service.--A member may 
                        serve after the expiration of the term of the 
                        member until a successor has taken office.
                    ``(E) Chairperson.--The President shall designate a 
                chairperson of the Commission (referred to in this 
                section as the `Chairperson') from among the members of 
                the Commission.
                    ``(F) Compensation and expenses.--
                            ``(i) Compensation.--Each member of the 
                        Commission shall be compensated at a rate equal 
                        to the daily equivalent of the annual rate of 
                        basic pay prescribed for level IV of the 
                        Executive Schedule under section 5315 of title 
                        5, United States Code, for each day or portion 
                        of a day (including travel time) during which 
                        the member is engaged in the actual performance 
                        of the duties of the Commission.
                            ``(ii) Travel expenses.--A member of the 
                        Commission shall be allowed travel expenses, 
                        including per diem in lieu of subsistence, as 
                        authorized by section 5703 of title 5, United 
                        States Code, for persons serving intermittently 
                        in the Government service.
                            ``(iii) Office expenses.--Each member of 
                        the Commission shall be reimbursed for 
                        reasonable office expenses at the office 
                        location preferred by the member, except that 
                        the expense of office space may not be 
                        reimbursed.
            ``(3) Executive director.--
                    ``(A) In general.--The Commission shall have an 
                Executive Director who shall be appointed (without 
                regard to the provisions of title 5, United States 
                Code, governing appointments in the competitive 
                service) by the Chairperson with the approval of the 
                Commission.
                    ``(B) Compensation.--The Executive Director shall 
                be compensated at a rate not in excess of the annual 
                rate of basic pay prescribed for level IV of the 
                Executive Schedule under section 5315 of title 5, 
                United States Code.
                    ``(C) Duties.--The Executive Director shall have 
                such duties as the Chairperson may assign.
    ``(b) Duties of Commission.--
            ``(1) In general.--The Commission shall--
                    ``(A) study the activities of the United States 
                under laws and international conventions relating to 
                endangered species and threatened species, including 
                the Convention and this Act;
                    ``(B) make recommendations to, and consult with, 
                the Secretary and other Federal officials concerning 
                such measures as the Commission considers necessary or 
                desirable for the protection and conservation of 
                endangered species and threatened species, including a 
                range of options; and
                    ``(C) conduct such scientific reviews and analyses 
                as the Secretary requests or as are otherwise required 
                to be conducted under this Act.
            ``(2) Assessments.--
                    ``(A) In general.--Upon receipt of a request from 
                the Secretary for a scientific review or assessment 
                with respect to a species under section 4(b) or 5, the 
                Commission, in accordance with subsection (c), shall 
                establish an assessment and planning team, which 
                shall--
                            ``(i) conduct a review of all reasonably 
                        available information on the species, which 
                        review shall include--
                                    ``(I) soliciting and fully 
                                considering all available scientific 
                                and commercial data from each 
                                appropriate State or foreign nation, if 
                                any; and
                                    ``(II) taking into account such 
                                efforts, if any, as are being made by--
                                            ``(aa) any State or foreign 
                                        nation, or any political 
                                        subdivision of the State or 
                                        foreign nation, to protect the 
                                        species, by any means, 
                                        including predator control, 
                                        protection of habitat and food 
                                        supply, the use of mitigation 
                                        banks, or other conservation 
                                        practices, within any area 
                                        under the jurisdiction of the 
                                        State or foreign nation, or on 
                                        the high seas; and
                                            ``(bb) any private entity 
                                        to protect the species, by any 
                                        means, including the means 
                                        described in item (aa); and
                            ``(ii) submit to the Commission a full 
                        report of available information--
                                    ``(I) identifying such data as were 
                                peer reviewed and such data as the team 
                                finds valid even though the data were 
                                not peer reviewed; and
                                    ``(II) providing options (including 
                                such options, if any, as were 
                                recommended by a minority of the 
                                members of the team) for the decisions 
                                that the Secretary is required to make 
                                under section 4(b) or 5, respectively.
                    ``(B) Listing decisions.--Not later than 210 days 
                after the receipt of a request of the Secretary for a 
                scientific review under section 4(b), the Commission 
                shall transmit the report of the assessment team 
                prepared under subparagraph (A) to the Secretary 
                (including such reports by a minority of the members of 
                the team as may exist). The assessment team shall make 
                an assessment of, and identify and describe in the 
                report--
                            ``(i) the taxonomy of the species;
                            ``(ii) the biological significance of the 
                        species and the habitat occupied by the 
                        species;
                            ``(iii) the geographic range and occupied 
                        habitat of the species;
                            ``(iv) the best current estimate of the 
                        population of the species;
                            ``(v) the population trend of the species;
                            ``(vi) the technical practicality of 
                        recovering the species; and
                            ``(vii) the limiting factors that prevent 
                        the growth of the numbers, or the expansion of 
                        the range, of the species (expressed 
                        quantitatively).
                    ``(C) Conservation decisions.--Not later than 210 
                days after the receipt of a request of the Secretary 
                for a scientific review or assessment under section 5, 
                the Commission shall transmit the report of the 
                assessment team prepared under subparagraph (A) to the 
                Secretary (including such reports by a minority of the 
                members of the team as may exist). The report shall 
                contain the following assessments with respect to the 
                affected species:
                            ``(i) Biological assessment.--The 
                        assessment team shall make an assessment of, 
                        and identify and describe in the report--
                                    ``(I) the taxonomy of the species;
                                    ``(II) the biological significance 
                                of the species and the habitat occupied 
                                by the species;
                                    ``(III) the geographic range and 
                                occupied habitat of the species;
                                    ``(IV) the best current estimate of 
                                the population of the species;
                                    ``(V) the population trend of the 
                                species;
                                    ``(VI) the technical practicality 
                                of recovering the species;
                                    ``(VII) the limiting factors that 
                                prevent the growth of the numbers, or 
                                the expansion of the range, of the 
                                species (expressed quantitatively);
                                    ``(VIII) the potential for captive 
                                breeding programs for the species;
                                    ``(IX) whether any management 
                                measure might include release of an 
                                experimental population of the species 
                                outside the current range of the 
                                species and, if the release is 
                                required, an identification of each 
                                likely geographic area for the release;
                                    ``(X) objective, measurable 
                                criteria and recovery objectives, based 
                                on the best scientific and commercial 
                                data available, that, when the criteria 
                                are met, would result in a 
                                determination, in accordance with 
                                section 4(c)(2), that the species be 
                                removed from a list published under 
                                section 4(c)(1) or changed in status;
                                    ``(XI) site-specific management 
                                actions, including--
                                            ``(aa) to the extent 
                                        practicable, such range of 
                                        options available as may be 
                                        necessary to achieve the goal 
                                        of the conservation plan for 
                                        the conservation and survival 
                                        of the species; and
                                            ``(bb) actions to maintain 
                                        or restore ecosystems on which 
                                        the species depends;
                                    ``(XII) estimates of the time and 
                                costs required to carry out such 
                                measures as are necessary to achieve 
                                the goals of the conservation plan and 
                                to achieve intermediate steps toward 
                                the goals;
                                    ``(XIII) the actions that will be 
                                taken to minimize and fairly distribute 
                                adverse social or economic impacts that 
                                may result from implementation of the 
                                conservation plan;
                                    ``(XIV) to the maximum extent 
                                prudent and determinable, a designation 
                                of the critical habitat of the species 
                                if the designation would contribute to 
                                the conservation of the species;
                                    ``(XV) strategies that utilize 
                                Federal lands, to the extent that the 
                                lands are available, to promote the 
                                conservation and recovery of the 
                                species;
                                    ``(XVI) measures taken by all 
                                parties that would contribute to the 
                                conservation of the species;
                                    ``(XVII) any specific areas or 
                                circumstances in which the development 
                                and implementation of non-Federal 
                                conservation plans under section 
                                10(a)(2) would contribute to or be 
                                consistent with the conservation of the 
                                species;
                                    ``(XVIII) any specific activities 
                                and geographic areas that should be 
                                exempt from any prohibition of section 
                                9 relating to the taking of a species 
                                covered by the plan;
                                    ``(XIX) any opportunities for entry 
                                into safe harbor agreements with non-
                                Federal persons under section 6(i) that 
                                would promote the conservation of the 
                                species;
                                    ``(XX) opportunities to cooperate 
                                with municipalities, political 
                                subdivisions of a State, and other 
                                persons in carrying out actions that 
                                would contribute to the conservation of 
                                the species under section 4(c)(1), 
                                including the development of 
                                cooperative management agreements;
                                    ``(XXI) the situations in which the 
                                regulated taking of the species 
                                promotes the conservation of the 
                                species; and
                                    ``(XXII) clearly prohibited acts 
                                under section 9(a).
                            ``(ii) Economic assessment.--The Commission 
                        shall make an assessment of, and identify and 
                        describe in the report, the direct and indirect 
                        economic and social impacts on both the public 
                        and private sectors that may result from the 
                        listing of the species under section 4(c)(1), 
                        including any impacts on any multi-State region 
                        or any segment of the national economy and any 
                        impacts from the potential management measures 
                        identified under clause (i), including--
                                    ``(I) the cost of the listing for 
                                Federal, State, and local governments 
                                and the impacts on tax and other 
                                revenues expected from the listing;
                                    ``(II) the direct and indirect 
                                impacts on employment as a result of 
                                the listing;
                                    ``(III) the impacts on the use and 
                                value of property from the listing; and
                                    ``(IV) the impacts on other social, 
                                cultural and community values from the 
                                listing.
                            ``(iii) Intergovernmental assessment.--The 
                        team shall make an assessment of, and identify 
                        and describe in the report, the impacts that 
                        may result from the listing of the species 
                        under section 4(c)(1) and the potential 
                        management measures identified under clause (i) 
                        on State and local land use laws, conservation 
                        measures, and water allocation policies.
            ``(3) Review requirement.--
                    ``(A) Definition of action.--In this paragraph, the 
                term `action' means--
                            ``(i) the determination that a species is 
                        an endangered species or a threatened species 
                        under section 4(a);
                            ``(ii) the determination under section 4(a) 
                        that an endangered species or a threatened 
                        species be removed from any list published 
                        under section 4(c)(1); and
                            ``(iii) the designation, or revision of the 
                        designation, of critical habitat for an 
                        endangered species or a threatened species 
                        under section 5(i).
                    ``(B) Request for review.--If the Secretary depends 
                on or otherwise bases an action on data or a study or 
                report that was not reviewed by the Commission, an 
                interested person may request that the data, study, or 
                report be reviewed by the Commission. As soon as 
                practicable after the date of receipt of such a 
                request, the Commission shall report to the Secretary 
                on the scientific validity of the data, study, or 
                report and recommend any changes to the action that are 
                warranted by the review of the data, study, or report.
                    ``(C) Publication of results of review.--The 
                Secretary shall publish in the Federal Register, with 
                any final regulation implementing an action, a summary 
                of any report of the Commission described in 
                subparagraph (B) and the response of the Secretary to 
                the report.
            ``(4) Availability of recommendations and reports for 
        public inspection.--The recommendations and reports of the 
        Commission shall be matters of public record and shall be 
        available to the public at reasonable times. All other 
        activities of the Commission shall be matters of public record 
        and available to the public in accordance with section 552 of 
        title 5, United States Code.
            ``(5) Incorporation of state comments.--The Commission 
        shall transmit to the Secretary all options, recommendations, 
        and reports submitted to the Commission by any State or local 
        government that is affected by a listing determination, or a 
        conservation plan for a species listed as an endangered species 
        or a threatened species, under section 4(c)(1).
            ``(6) Response to commission recommendations.--Not later 
        than 120 days after receiving options for action by the 
        Secretary from the Commission under paragraph (1), the 
        Secretary shall select an option or propose a new option and 
        publish the option in the Federal Register. If the Secretary 
        does not adopt an option presented by the Commission, the 
        Secretary shall submit to the Commission and publish in the 
        Federal Register a detailed explanation of the reasons why an 
        option proposed by the Commission was not followed or adopted.
    ``(c) Assessment and Planning Teams.--
            ``(1) Establishment.--Not later than 30 days after the 
        receipt of a request of the Secretary for a scientific review 
        with respect to a species, the Commission shall establish, and 
        arrange for the provision of technical assistance to, an 
        assessment and planning team (referred to in this subsection as 
        an `assessment team') to assist the Commission in making the 
        assessments required under section 4(b) or 5 with respect to 
        the species by providing the Commission with the best 
        scientific and commercial data available and, to the maximum 
        extent feasible, data that have been peer reviewed and verified 
        by field testing.
            ``(2) Membership.--
                    ``(A) In general.--An assessment team shall consist 
                of--
                            ``(i) in the case of a request of the 
                        Secretary under section 4(b), 9 scientists 
                        knowledgeable in the fields of botany, zoology, 
                        genetics, or taxonomy who are appointed from a 
                        list submitted by the National Academy of 
                        Sciences, after consultation with appropriate 
                        professional societies; and
                            ``(ii) in the case of a request of the 
                        Secretary under section 5--
                                    ``(I) 4 scientists knowledgeable in 
                                the fields of botany, zoology, ecology, 
                                or resource management who are 
                                appointed by the Commission from a list 
                                submitted by the National Academy of 
                                Sciences after consultation with 
                                appropriate professional societies; and
                                    ``(II) 7 individuals knowledgeable 
                                in the fields of botany, zoology, 
                                ecology, economics, or resource 
                                management, or who have specific 
                                experience or knowledge of State and 
                                local conservation or management 
                                efforts for the species that is the 
                                subject of the request, who are 
                                appointed by the affected State and 
                                local governments, except that, if the 
                                affected State and local governments 
                                are unable to agree on all such 
                                appointments, the Commission shall 
                                appoint individuals to the remaining 
                                positions from a list compiled from 
recommendations submitted by the affected State and local governments.
                    ``(B) Compensation and travel expenses.--
                            ``(i) Compensation.--
                                    ``(I) In general.--Each member of 
                                an assessment team who is not an 
                                officer or employee of the Federal 
                                Government or a State government shall 
                                be compensated at a rate equal to the 
                                daily equivalent of the annual rate of 
                                basic pay prescribed for level GS-13 of 
                                the General Schedule under section 5104 
                                of title 5, United States Code, for 
                                each day or portion of a day (including 
                                travel time) during which the member is 
                                engaged in the actual performance of 
                                the duties of the assessment team.
                                    ``(II) Government employees.--Each 
                                member of an assessment team who is an 
                                officer or employee of the Federal 
                                Government or a State government shall 
                                serve without compensation in addition 
                                to the compensation received for the 
                                services of the member as an officer or 
                                employee of the Federal Government or 
                                State government.
                            ``(ii) Travel expenses.--A member of an 
                        assessment team shall be allowed travel 
                        expenses, including per diem in lieu of 
                        subsistence, as authorized by section 5703 of 
                        title 5, United States Code, for persons 
                        serving intermittently in the Government 
                        service.
            ``(3) Duties.--
                    ``(A) Studies and recommendations.--Upon request of 
                the Secretary, an assessment team shall undertake all 
                studies and reports concerning the species with respect 
                to which the assessment team was appointed, including--
                            ``(i) the scientific review of a species 
                        under section 4(b) and subsection (b)(2)(B) for 
                        an assessment prior to a listing determination 
                        for the species;
                            ``(ii) the review of a species under 
                        section 5(b) and subsection (b)(2)(C) for a 
                        biological, economic, and intergovernmental 
                        assessment prior to the establishment of a 
                        conservation objective for the species; and
                            ``(iii) the development and recommendation 
                        of alternative strategies to conserve a species 
                        under section 5(e).
                    ``(B) Consultation.--The Commission shall consult 
                with an assessment team, and the assessment team shall 
                provide responsive recommendations, on--
                            ``(i) any study or recommendation that the 
                        Commission proposes to make or has made 
                        concerning the species;
                            ``(ii) each research program proposed to be 
                        conducted or conducted under this Act that 
                        significantly affects the species; and
                            ``(iii) each application for a permit for 
                        scientific research that significantly affects 
                        the species.
                    ``(C) Response to assessment team 
                recommendations.--If the Commission does not adopt a 
                recommendation of an assessment team or a member of the 
                assessment team, the Commission shall transmit the 
                recommendation to the appropriate Federal agency and to 
                the appropriate committees of Congress with a detailed 
                explanation of the reasons why the recommendation was 
                not accepted.
    ``(d) Reports.--Not later than January 31 of each year, the 
Commission shall submit to Congress a report that includes--
            ``(1) a description of the activities and accomplishments 
        of the Commission during the preceding year; and
            ``(2) each finding and recommendation made by and to the 
        Commission under subsections (b) and (c)(3) and the response to 
        each recommendation.
    ``(e) Coordination With Other Federal Agencies.--
            ``(1) Information.--The Commission shall have access to all 
        studies and data compiled by Federal agencies regarding 
        endangered species and threatened species.
            ``(2) Facilities and services.--With the consent of the 
        appropriate Secretary or agency head, the Commission may use 
        the facilities or services of a Federal agency.
            ``(3) Avoidance of duplication.--The Commission shall take 
        every feasible measure to avoid duplication of research in 
carrying out this Act, especially duplication of research performed by 
States.
    ``(f) Powers.--To the extent consistent with and reasonably 
required to perform the duties of the Commission under this section, 
the Commission may--
            ``(1) employ and fix the compensation of employees (but not 
        fewer than 11 employees at any time);
            ``(2) acquire, furnish, and equip office space;
            ``(3) enter into contracts or agreements with, or provide 
        grants to, public and private organizations;
            ``(4) procure the services of experts or consultants or an 
        organization of experts or consultants as authorized under 
        section 3109 of title 5, United States Code, but at rates for 
        individuals not to exceed $100 per diem; and
            ``(5) incur necessary expenses and exercise other 
        appropriate powers.
    ``(g) Financial and Administrative Services.--The Administrator of 
General Services shall provide financial and administrative services 
(including services related to budgeting, accounting, financial 
reporting, personnel, and procurement) to the Commission. Payment for 
the services shall be made in advance or by reimbursement from funds of 
the Commission in such amounts as may be agreed on by the Chairperson 
and the Administrator of General Services.
    ``(h) Inapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Commission or to any assessment and planning team established under 
subsection (c).''.
    (b) Conforming Amendment.--The table of contents in the first 
section (16 U.S.C. prec. 1531) is amended by striking the item relating 
to section 13 and inserting the following:

``Sec. 13. Endangered Species Commission.''.
    (c) Effect on Prior Amendments.--Nothing in this section or the 
amendment made by this section affects the amendments made by section 
13 of the Endangered Species Act of 1973 (87 Stat. 902), as in effect 
on the day before the date of enactment of this Act.

SEC. 16. NOTICE OF HEARINGS.

    (a) In General.--Section 14 (87 Stat. 903) is amended to read as 
follows:

                          ``notice of hearings

    ``Sec. 14. 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) Conforming Amendment.--The table of contents in the first 
section (16 U.S.C. prec. 1531) is amended by striking the item relating 
to section 14 and inserting the following:

``Sec. 14. Notice of hearings.''.
    (c) Effect on Prior Repeal.--Nothing in this section or the 
amendment made by this section affects the repeal made by section 14 of 
the Endangered Species Act of 1973 (87 Stat. 903), as in effect on the 
day before the date of enactment of this Act.

SEC. 17. MINIMIZATION OF IMPACT OF CONSERVATION MEASURES ON PRIVATE 
              PROPERTY.

    (a) In General.--The Act (16 U.S.C. 1531 et seq.) is amended--
            (1) by redesignating section 15 as section 21 and moving 
        the section to appear after section 18; and
            (2) by inserting after section 14 the following:

 ``minimization of impact of conservation measures on private property

    ``Sec. 15. In carrying out sections 5 and 7--
            ``(1) the Secretary shall balance the objectives of--
                    ``(A) achieving the conservation objective for the 
                species; and
                    ``(B) ensuring continuing economic growth, 
                providing essential infrastructure, maintaining strong 
                State and local tax bases, and protecting against the 
                diminishment of the use and value of private property; 
                and
            ``(2) the Secretary, the heads of all other Federal 
        agencies, and other officials of the Federal Government shall 
        seek to minimize the adverse impacts on the use and value of 
        private property resulting from any requirements imposed on the 
        property under the sections.''.
    (b) Conforming Amendments.--
            (1) The table of contents in the first section (16 U.S.C. 
        prec. 1531) is further amended--
                    (A) by striking the item relating to section 15 and 
                inserting the following:

``Sec. 15. Minimization of impact of conservation measures on private 
                            property.'';
                and
                    (B) by adding at the end the following:

``Sec. 18. Annual cost analysis by the Fish and Wildlife Service.
``Sec. 21. Authorization of appropriations.''.
            (2) The last sentence of section 8(a) (16 U.S.C. 1537(a)) 
        is amended by striking ``section 15 of this Act'' and inserting 
        ``section 21''.

SEC. 18. ALTERNATIVE DISPUTE RESOLUTION.

    (a) In General.--Section 16 (16 U.S.C. 1531 note) is amended to 
read as follows:

                    ``alternative dispute resolution

    ``Sec. 16. (a) In General.--Not later than 1 year after the date of 
enactment of this subsection, the Secretary, in consultation with 
affected persons and experts in dispute resolution, shall--
            ``(1) identify methods of alternative dispute resolution as 
        described in subsection (b) that may be used for--
                    ``(A) rulemaking to develop standards, rules, and 
                guidelines for--
                            ``(i) the listing or monitoring of species 
                        under section 4;
                            ``(ii) conservation planning under section 
                        5;
                            ``(iii) safe harbor agreements with non-
                        Federal persons under section 6(i);
                            ``(iv) consultation and conferencing under 
                        section 7;
                            ``(v) exemptions under section 10; and
                            ``(vi) the development of non-Federal 
                        conservation plans under section 10(a)(2));
                    ``(B) the resolution of disputes resulting from 
                public comment on all matters before the Secretary 
                related to this Act; and
                    ``(C) implementation of the standards, rules, and 
                guidelines described in subparagraph (A); and
            ``(2) develop and implement a pilot program for alternative 
        dispute resolution to be used for the purposes described in 
        paragraph (1) that is consistent with--
                    ``(A) subchapter III of chapter 5 of title 5, 
                United States Code (commonly known as the `Negotiated 
                Rulemaking Act of 1990'); and
                    ``(B) subchapter IV of chapter 5 of title 5, United 
                States Code (commonly known as the `Administrative 
                Dispute Resolution Act').
    ``(b) Methods of Alternative Dispute Resolution.--The methods of 
alternative dispute resolution referred to in subsections (a) and (c) 
include--
            ``(1) negotiation, conciliation, facilitation, mediation, 
        factfinding, minitrials, and arbitration, and any combination 
        of these methods; and
            ``(2) other collaborative problem-solving processes for 
        resolving conflicts that are used prior to opportunity for 
        judicial review under chapter 7 of title 5, United States Code.
    ``(c) Training.--The Secretary shall provide training on a regular 
basis for all employees involved in developing and implementing the 
program established under this section. The training shall encompass 
the theory and practice of conflict analysis and resolution and methods 
of alternative dispute resolution described in subsection (b).
    ``(d) Report.--Not later than 2 years after the date of enactment 
of this subsection, the Secretary shall--
            ``(1) evaluate the program established under this section; 
        and
            ``(2) submit a report on the evaluation, including 
        recommendations for a permanent program, to--
                    ``(A) Congress; and
                    ``(B) the Administrative Conference of the United 
                States established under subchapter V of chapter 5 of 
                title 5, United States Code, or a successor 
                organization, if established.''.
    (b) Conforming Amendments.--
            (1) The table of contents in the first section (16 U.S.C. 
        prec. 1531) is amended by striking the item relating to section 
        16 and inserting the following:

``Sec. 16. Alternative dispute resolution.''.
            (2) Section 10(b)(1)(B) (16 U.S.C. 1539(b)(1)(B)) is 
        amended by striking ``the effective date of this Act'' and 
        inserting ``December 28, 1973,''.

SEC. 19. FEDERAL COST-SHARING REQUIREMENTS FOR CONSERVATION 
              OBLIGATIONS.

    (a) In General.--The Act is amended by inserting after section 18 
(16 U.S.C. 1544) the following:

    ``federal cost-sharing requirements for conservation obligations

    ``Sec. 19. (a) Definition of Direct Costs.--In this section, the 
term `direct costs' means--
            ``(1) expenditures on labor, material, facilities, 
        utilities, equipment, supplies, and other resources that are 
        necessary to carry out a specific species conservation measure;
            ``(2) increased purchasing power costs and lost revenues 
        caused by changes in the operation of a hydropower system from 
        which a non-Federal person or Federal power marketing 
        administration markets power to carry out a specific species 
        conservation measure; and
            ``(3) other reimbursable costs specifically identified by 
        the Secretary as directly related to carrying out a specific 
        species conservation measure.
    ``(b) Cost-Sharing.--
            ``(1) Conservation plans.--In the case of any non-Federal 
        person or Federal power marketing administration, the Secretary 
        shall pay 50 percent of the direct costs that result from the 
        compliance by the person or administration with a species 
        conservation measure--
                    ``(A) required by a conservation plan; or
                    ``(B) that provides protection to a species listed 
                under section 4(c)(1) as an endangered species or a 
                threatened 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 listed species.
            ``(2) Consultation requirements.--In the case of any non-
        Federal person or Federal power marketing administration, the 
        Secretary shall pay 50 percent of the direct costs that result 
        solely from required species conservation measures imposed by 
        the Secretary on the person or marketing administration under 
        section 7.
            ``(3) Incidental taking permits.--In the case of any non-
        Federal person that is issued an incidental taking permit, the 
        Secretary shall pay 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--
                    ``(A) the direct costs of preparing and 
                implementing the terms and conditions of a cooperative 
                management agreement incurred by a party to the 
                agreement; and
                    ``(B) any direct costs incurred by any other non-
                Federal person or Federal power marketing 
                administration subject to the terms of the agreement.
    ``(c) Method of Cost Sharing.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary may make a Federal contribution required under 
        subsection (b) by--
                    ``(A) providing a habitat conservation grant under 
                section 6(h);
                    ``(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 state or local governmental entities.--The 
        Secretary shall make a Federal contribution under subsection 
        (b) to a Federal power marketing administration or any State or 
        local governmental entity by providing appropriated funds 
        directly to the administration or governmental entity.
            ``(3) Use of 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 Federal contribution or portion of 
        a Federal contribution required under subsection (b).
            ``(5) Recovered costs.--The Secretary may not consider as a 
        portion of the Federal contribution required 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 Federal contribution required under subsection (b), 
        the application of the applicable provision of the conservation 
        plan, plan developed under the Pacific Northwest Electric Power 
        Planning and Conservation Act (16 U.S.C. 839 et seq.), 
        requirement under section 7, term or condition of the 
        incidental taking permit, or term or condition of the 
        cooperative management agreement shall be suspended until such 
        time as the full Federal contribution is made. If the suspended 
        provision, requirement, term, or condition includes a 
        conservation easement or other instrument restricting title to 
        the property of the non-Federal person, nonpayment of the full 
        Federal contribution shall result in the nullification of the 
        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 
        direct costs of the person or administration under this 
        section.
            ``(8) Costs paid by the secretary.--Compensation from the 
        Federal Government made available under section 20 may not 
        cover costs incurred by a non-Federal person that are 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 under this Act in existence prior to the date of enactment of 
this section shall remain in effect unless the non-Federal person 
requests that the cost-sharing agreement be reconsidered and the 
Secretary grants the request.
    ``(e) Adjustments to Federal Cost-Sharing Percentage.--At the 
request of a non-Federal person, the Secretary may adjust the 
percentage of the Federal contribution under this section to a higher 
share.''.
    (b) Conforming Amendment.--The table of contents in the first 
section (16 U.S.C. prec. 1531) is amended by inserting after the item 
relating to section 18 the following:

``Sec. 19. Federal cost-sharing requirements for conservation 
                            obligations.''.

SEC. 20. RIGHT TO COMPENSATION.

    (a) In General.--The Act is amended by inserting after section 19 
(as added by section 19(a)) the following:

                        ``right to compensation

    ``Sec. 20. (a) Definitions.--In this section:
            ``(1) Agency.--The term `agency' has the meaning provided 
        in section 551 of title 5, United States Code.
            ``(2) Agency action.--The term `agency action'--
                    ``(A) subject to subparagraph (B), has the meaning 
                provided in section 551 of title 5, United States Code; 
                and
                    ``(B) includes--
                            ``(i) a restriction imposed on non-Federal 
                        property as part of a conservation plan;
                            ``(ii) a designation under section 5(i) of 
                        non-Federal property as critical habitat;
                            ``(iii) an agreement under section 6 to set 
                        aside property for habitat under the terms of 
                        an easement or other contract;
                            ``(iv) an agency action under a biological 
                        opinion under section 7 that would cause an 
                        agency to restrict the use of non-Federal 
                        property;
                            ``(v) the denial of a permit under section 
                        10 that restricts the use of non-Federal 
                        property;
                            ``(vi) the loss of use of property to avoid 
                        prosecution under section 11;
                            ``(vii) any other action taken under this 
                        Act that restricts a legal right to use non-
                        Federal property, including the right to alter 
                        habitat; and
                            ``(viii) the imposition of a condition on a 
                        grant of land or money to a public authority or 
                        a private entity that would constitute an 
                        agency action under this subparagraph if 
                        required 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 of whom is under any compulsion to buy or sell 
        and both of whom have reasonable knowledge of relevant facts.
            ``(4) Limitation on use.--The term `limitation on use' 
        means a limitation on a use of non-Federal property that is 
        otherwise permissible under applicable State law (including law 
        of a political subdivision of a State) concerning property or 
        nuisances.
            ``(5) Non-federal property.--The term `non-Federal 
        property' means property that is owned by a person other than 
        an agency, department, or instrumentality of the Federal 
        Government.
            ``(6) Property.--The term `property' means land, an 
        interest in land, the right to use or receive water, and 
        personal property.
    ``(b) Eligibility.--A non-Federal property owner shall be entitled 
to receive compensation in accordance with this section if an agency 
takes an agency action under this Act that results in a diminishment of 
value of any portion of the non-Federal property of the owner.
    ``(c) Compensation for Diminishment in Value.--An agency that takes 
an agency action described in subsection (b) shall compensate the non-
Federal property owner in the amount of the diminishment of value of 
the portion of the property by making an offer in accordance with 
subsection (f).
    ``(d) Duty of Notice to Owners.--If an agency takes an agency 
action described in subsection (b), the agency shall give appropriate 
notice to each owner of the property directly affected explaining the 
rights of the owner under this section and the procedures for obtaining 
any compensation that may be due to the owner under this section.
    ``(e) Request of Owner.--Not later than 1 year after an owner 
receives actual notice under subsection (d) that an agency action 
described in subsection (b) has diminished the value of non-Federal 
property owned by the property owner, the owner may submit a written 
request to the head of the agency for compensation. The request shall, 
at a minimum, identify the affected portion of the property, the nature 
of the use or limitation on use of the non-Federal property resulting 
from the agency action, and the amount of compensation claimed.
    ``(f) Offer by the Secretary.--Not later than 90 days after the 
receipt of a request for compensation under subsection (e), the head of 
the agency shall transmit to the property owner--
            ``(1) an offer to purchase the affected property of the 
        property owner at the fair market value that would apply if the 
        property were not subject to the agency action described in 
        subsection (b); and
            ``(2) an offer to compensate the property owner for the 
        difference between--
                    ``(A) the fair market value of the property that 
                applies as of the date of the offer; and
                    ``(B) the fair market value of the property that 
                would apply if the property were not subject to the 
                agency action described in subsection (b).
    ``(g) Response by the Property Owner.--Not later than 180 days 
after the date of receipt of the offers under subsection (f), the non-
Federal property owner shall accept 1 of the offers or reject both 
offers. If the property owner rejects both offers, the property owner 
may submit the matter for arbitration under subsection (h) or bring a 
civil action.
    ``(h) Arbitration.--The procedures that govern the arbitration 
shall, as nearly as practicable, be the procedures established under 
title 9, United States Code, for arbitration proceedings to which the 
title applies. An award made in the 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.
    ``(i) Civil Action.--Subject to subsection (k), an owner who 
prevails in a civil action against an agency under this section shall 
be entitled to, and the agency shall be liable for, the amount of 
compensation awarded plus a reasonable attorney's fee and other 
litigation costs, including appraisal fees. The court shall award 
interest on the amount of any compensation from the date of the 
imposition of the use or limitation on use of the non-Federal property 
resulting from the agency action.
    ``(j) Source of Payments.--
            ``(1) In general.--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 
        law, be made from the annual appropriation of the agency that 
        took the agency action under this Act.
            ``(2) Reimbursement.--If the agency action resulted from a 
        requirement imposed by another agency, the agency making the 
        payment or satisfying the judgment may seek partial or complete 
        reimbursement from the appropriated funds of the other agency.
            ``(3) Transfer of funds.--For the purpose of this 
        subsection, the head of the agency concerned may transfer or 
        reprogram any appropriated funds available to the agency.
            ``(4) Insufficient funds.--If insufficient funds exist for 
        the payment or to satisfy the judgment, the head of the agency 
        shall seek the appropriation of the funds for the next fiscal 
        year.
    ``(k) Availability of Appropriations.--Notwithstanding any other 
law, any obligation of the United States to make a payment under this 
section shall be subject to the availability of appropriations.
    ``(l) Administration.--
            ``(1) Other rights preserved.--Nothing in this Act limits 
        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 property is purchased by 
        the Federal Government at the option of the owner) shall not 
        confer any right on the Federal Government other than the 
        imposition of the use or limitation on use resulting from the 
        agency action under this Act for so long as the agency action 
        achieves the species conservation purposes of this Act.''.
    (b) Conforming Amendment.--The table of contents in the first 
section (16 U.S.C. prec. 1531) is amended by inserting after the item 
relating to section 19 (as added by section 19(b)) the following:

``Sec. 20. Right to compensation.''.

SEC. 21. AUTHORIZATION OF APPROPRIATIONS.

    Section 21 (as redesignated by section 17(a)) is amended to read as 
follows:

                   ``authorization of appropriations

    ``Sec. 21. (a) In General.--In addition to the amounts authorized 
to be appropriated under section 6(i) and subsections (b) through (f), 
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; and
            ``(2) 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) 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.
    ``(c) Endangered Species Commission.--There are authorized to be 
appropriated to the Commission such sums as are necessary to carry out 
the duties of the Commission under this Act.
    ``(d) Revenue Study.--
            ``(1) Study.--The Secretary shall conduct a study to 
        determine potential revenue sources for a biodiversity trust 
        fund to be used both for domestic endangered species and 
        domestic threatened species protected under this Act and for 
        foreign species subject to the Convention. Any such trust 
        fund--
                    ``(A) shall be managed and accounted for separately 
                from any trust fund established under--
                            ``(i) the Act entitled `An Act to provide 
                        that the United States shall aid the States in 
                        wildlife-restoration projects, and for other 
                        purposes', approved September 2, 1937 (16 
                        U.S.C. 669 et seq.); and
                            ``(ii) the Act entitled `An Act to provide 
                        that the United States shall aid the States in 
                        fish restoration and management projects, and 
                        for other purposes', approved August 9, 1950 
                        (16 U.S.C. 777 et seq.); and
                    ``(B) shall be subject to a prohibition on the 
                transfer, commingling, or other use of the funds of any 
                trust fund described in subparagraph (A).
            ``(2) Report.--Not later than 2 years after the date of 
        enactment of this subsection, the Secretary shall report to the 
        Committee on Environment and Public Works of the Senate and the 
        Committee on Resources of the House of Representatives on the 
        results of the study.''.

SEC. 22. TRANSITION PROVISIONS.

    (a) Listed Species Without Recovery Plans.--
            (1) Priority for development of conservation plans.--
                    (A) Publication of list.--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 (referred to in this section as ``the Act'') 
                (16 U.S.C. 1532)) 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 3 tiers of 
                priority for the development of conservation objectives 
                and conservation plans under section 5 of the Act.
                    (B) Multiple states.--Any species that is listed as 
                an endangered species or a threatened species in more 
                than 1 State shall be placed in the first tier of 
                priority.
            (2) Schedule for adoption of plans.--
                    (A) In general.--For each species within each tier 
                of priority identified under paragraph (1), except as 
                provided in subparagraph (B), the Secretary (as defined 
                in section 3 of the Act (16 U.S.C. 1532)) shall publish 
                under section 5 of the Act a conservation objective, 
                proposed conservation plan, and final conservation plan 
                not later than the following period after the date of 
                enactment of this Act:
                            (i) Conservation objective:
                                    (I) First tier, 120 days.
                                    (II) Second tier, 1 year.
                                    (III) Third tier, 2 years.
                            (ii) Proposed conservation plan:
                                    (I) First tier, 180 days.
                                    (II) Second tier, 18 months.
                                    (III) Third tier, 20 months.
                            (iii) Final conservation plan:
                                    (I) First tier, 1 year.
                                    (II) Second tier, 2 year.
                                    (III) Third tier, 3 year.
                    (B) No conservation plan.--If a conservation 
                objective for a species is published that is described 
                in section 5(b)(4) of the Act, a conservation plan for 
                the species shall not be required under subparagraph 
                (A).
    (b) Listed Species With Recovery Plans.--
            (1) Priority for revision of existing plans.--
                    (A) Continuing effect.--Except as provided in 
                paragraph (2)(B), a final recovery plan 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) shall 
continue in effect until the expiration of the deadline established 
under this paragraph for revision of the plan.
                    (B) Publication of list.--Not later than 90 days 
                after the date of enactment of this Act, the Secretary 
                (as defined in section 3 of the Act (16 U.S.C. 1532)) 
                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) and 
                for which 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 3 tiers of priority for the 
                development of conservation objectives under section 5 
                of the Act and revisions of the recovery plans 
                consistent with the requirements for conservation plans 
                under section 5 of the Act.
                    (C) Multiple states.--Any species that is listed as 
                an endangered species or a threatened species in more 
                than 1 State shall be placed in the first tier of 
                priority.
            (2) Schedule for revision of plans.--
                    (A) In general.--For each species within each tier 
                of priority identified under paragraph (1), except as 
                provided in subparagraph (B), the Secretary (as defined 
                in section 3 of the Act (16 U.S.C. 1532)) shall publish 
                under section 5 of the Act a conservation objective, 
                proposed revision of the existing recovery plan, and 
                final revision of the existing recovery plan not later 
                than the following period after the date of enactment 
                of this Act:
                            (i) Conservation objective:
                                    (I) First tier, 120 days.
                                    (II) Second tier, 18 months.
                                    (III) Third tier, 30 months.
                            (ii) Proposed revised recovery plan:
                                    (I) First tier, 1 year.
                                    (II) Second tier, 2 years.
                                    (III) Third tier, 3 years.
                            (iii) Final revised recovery plan:
                                    (I) First tier, 18 months.
                                    (II) Second tier, 30 months.
                                    (III) Third tier, 42 months.
                    (B) No conservation plan.--If a conservation 
                objective for a species is published that is described 
                in section 5(b)(4) of the Act, the final recovery plan 
                applicable to the species shall be rescinded.
    (c) Prohibition on Additional Requirements.--The Secretary (as 
defined in section 3 of the Act (16 U.S.C. 1532)) or the head of any 
other Federal agency may not require any increase in any measurable 
criterion contained in, or any site specific management action in 
addition to the criteria provided in, a final recovery plan 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) until such time as a 
conservation plan, or a conservation objective under section 5(b)(4) of 
the Act, has been published under section 5 of the Act.
    (d) Existing Biological Opinions.--In conjunction with the issuance 
of a conservation plan, or, under section 5(b)(4) of the Act, a 
conservation objective under subsection (a) or (b), the Secretary (as 
defined in section 3 of the Act (16 U.S.C. 1532)) shall review and 
reissue, in accordance with section 7 of the 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 the Act (16 U.S.C. 
1536(b)(3)) (as in effect on the day before the date of enactment of 
this Act).
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