[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1180 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1180

               To reauthorize the Endangered Species Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 16, 1997

  Mr. Kempthorne (for himself, Mr. Chafee, Mr. Baucus, and Mr. Reid) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
               To reauthorize the Endangered Species Act.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Endangered Species 
Recovery Act of 1997''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Listing and delisting species.
Sec. 3. Enhanced recovery planning.
Sec. 4. Interagency consultation and cooperation.
Sec. 5. Conservation plans.
Sec. 6. Enforcement.
Sec. 7. Education and technical assistance.
Sec. 8. Authorization of appropriations.
Sec. 9. Other amendments.
    (c) References to Endangered Species Act.--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 that section 
or provision of the Endangered Species Act (16 U.S.C. 1531 et seq.).

SEC. 2. LISTING AND DELISTING SPECIES.

    (a) Best Scientific and Commercial Data Available.--Section 3 of 
the Act (16 U.S.C. 1532) is amended--
            (1) by striking the title and inserting the following:

                ``definitions and general provisions'';

            (2) by striking ``For the purposes of this Act--'' and 
        inserting the following:
    ``(a) Definitions.--For purposes of this Act--''; and
            (3) by adding at the end the following new subsection:
    ``(b) General Provisions.--
            ``(1) Best scientific and commercial data available.--Where 
        this Act requires the Secretary to use the best scientific and 
        commercial data available, the Secretary shall when evaluating 
        comparable data give greater weight to scientific or commercial 
        data that is empirical, field-tested or peer-reviewed.''.
    (b) Conforming Amendment.--The table of contents in the first 
section (16 U.S.C. 1531) is amended by striking the item relating to 
section 3 and inserting the following:

``Sec. 3. Definitions and general provisions.''.
    (c) Listing and Delisting.--
            (1) Factors considered for listing.--Section 4(a)(1) is 
        amended--
                    (A) in subparagraph (C) by inserting ``introduced 
                species, competition,'' prior to ``disease or 
                predation''; and
                    (B) in subparagraph (D) by inserting ``Federal, 
                State and local government and international'' prior to 
                ``regulatory mechanisms''.
            (2) Critical habitat.--Section 4(a) is amended by striking 
        paragraph (3).
            (3) Delisting.--Section 4(b)(2) is amended to read as 
        follows:
            ``(2) Delisting.--The Secretary shall, in accordance with 
        section 5 and upon a determination that the goals of the 
        recovery plan for a species have been met, initiate the 
        procedures for determining, in accordance with subsection 
        (a)(1), whether to remove a species form a list published under 
        subsection (c).''
            (4) Response to petitions.--Section 4(b)(3) is amended to 
        read as follows:
            ``(3) Response to petitions.--
                    ``(A) Action may be warranted.--
                            ``(i) In general.--To the maximum extent 
                        practicable, within 90 days after receiving the 
                        petition of an interested person under section 
                        553(e) of title 5, United States Code, to--
                                    ``(I) add a species to,
                                    ``(II) remove a species from, or
                                    ``(III) change a species status 
                                from a previous determination with 
                                respect to
                        either of the lists published under subsection 
                        (c), the Secretary shall make a finding as to 
                        whether the petition presents substantial 
                        scientific or commercial information indicating 
                        that the petitioned action may be warranted. If 
                        a petition is found to present such 
                        information, the Secretary shall promptly 
                        commence a review of the status of the species 
                        concerned the Secretary shall promptly publish 
                        each finding made under this subparagraph in 
                        the Federal Register.
                            ``(ii) Minimum documentation.--A finding 
                        that the petition presents the information 
                        described in clause (i) shall not be made 
                        unless the petition provides--
                                    ``(I) documentation that the fish, 
                                wildlife, or plant that is the subject 
                                of the petition is a species as defined 
                                in section 3;
                                    ``(II) a description of the 
                                available data on the historical and 
                                current range and distribution of the 
                                species;
                                    ``(III) an appraisal of the 
                                available data on the status and trends 
                                of populations of the species;
                                    ``(IV) an appraisal of the 
                                available data on the threats to the 
                                species; and
                                    ``(V) an identification of the 
                                information contained or referred to in 
                                the petition that has been peer-
                                reviewed or field-tested.
                            ``(iii) Notification to the states.--
                                    ``(I) Petitioned actions.--If the 
                                petition is found to present the 
                                information described in clause (i), 
                                the Secretary shall notify and provide 
                                a copy of the petition to the State 
                                agency in each State in which the 
                                species is believed to occur and 
                                solicit the assessment of the agency, 
                                to be submitted to the Secretary within 
                                90 days of notification, as to whether 
                                the petitioned action is warranted.
                                    ``(II) Other actions.--If the 
                                Secretary has not received a petition 
                                for a species and the Secretary is 
                                considering proposing to list such 
                                species as either threatened or 
                                endangered under subsection (a), the 
                                Secretary shall notify the State agency 
                                in each State in which the species is 
                                believed to occur and solicit the 
                                assessment of the agency, to be 
                                submitted to the Secretary within 90 
                                days of the notification, as to whether 
                                the listing would be in accordance with 
                                the provisions of subsection (a).
                                    ``(III) Consideration of state 
                                assessments.--Prior to publication of a 
                                determination that a petitioned action 
                                is warranted or a proposed regulation, 
                                the Secretary shall consider any State 
                                assessments submitted within the 
                                comment period established by subclause 
                                (I) or (II).
                    ``(B) Petition to change status or delist.--A 
                petition may be submitted to the Secretary under 
                subparagraph (A) to change the status of or to remove a 
                species from either of the lists published under 
                subsection (c) in accordance with subsection (a)(1), 
                if--
                            ``(i) the current listing is no longer 
                        appropriate because of a change in the factors 
                        identified in subsection (a)(1); or
                            ``(ii) with respect to a petition to remove 
                        a species from either of the lists--
                                    ``(I) new data or a 
                                reinterpretation of prior data 
                                indicates that removal is appropriate;
                                    ``(II) the species is extinct; or
                                    ``(III) the recovery goals 
                                established
                        for the species in a recovery plan approved 
                        under section 5(h) have been achieved.
                    ``(C) Determination.--Within 12 months after 
                receiving a petition that is found under subparagraph 
                (A)(i) to present substantial information indicating 
                that the petitioned action may be warranted, the 
                Secretary shall make one of the following findings:
                            ``(i) Not warranted.--The petitioned action 
                        is not warranted, in which case the Secretary 
                        shall promptly publish the finding in the 
                        Federal Register.
                            ``(ii) Warranted.--The petitioned action is 
                        warranted, in which case the Secretary shall 
                        promptly publish in the Federal Register a 
                        general notice and the complete text of a 
                        proposed regulation to implement the action in 
                        accordance with paragraph (5).
                            ``(iii) Warranted but precluded.--The 
                        petitioned action is warranted, but that--
                                    ``(I) the immediate proposal and 
                                timely promulgation of a final 
                                regulation implementing the petitioned 
                                action in accordance with paragraphs 
                                (5) and (6) is precluded by pending 
                                proposals to determine whether any 
                                species is an endangered species or a 
                                threatened species; and
                                    ``(II) expeditious progress is 
                                being made to add qualified species to 
                                either of the lists published under 
                                subsection (c) and to remove from the 
                                lists species for which the protections 
                                of the Act are no longer necessary,
                        in which case the Secretary shall promptly 
                        publish the finding in the Federal Register, 
                        together with a description and evaluation of 
                        the reasons and data on which the finding is 
                        based.
                    ``(D) Subsequent determination.--A petition with 
                respect to which a finding is made under subparagraph 
                (C)(iii) shall be treated as a petition that is 
                resubmitted to the Secretary under subparagraph (A) on 
                the date of such finding and that presents substantial 
                scientific or commercial information that the 
                petitioned action may be warranted.
                    ``(E) Judicial review.--Any negative finding 
                described in subparagraph (A)(i) and any finding 
                described in subparagraph (C)(i) or (iii) shall be 
                subject to judicial review.
                    ``(F) Monitoring and emergency listing.--The 
                Secretary shall implement a system to monitor 
                effectively the status of all species with respect to 
                which a finding is made under subparagraph (C)(iii) and 
                shall make prompt use of the authority under paragraph 
                (7) to prevent a significant risk to the well-being of 
                any such species.''.
            (5) Proposed regulations.--Section 4(b)(5) is amended by--
                    (A) striking ``(5) With respect to any regulation'' 
                and inserting the following:
            ``(5) Proposed regulations and review.--With respect to any 
        regulation'';
                    (B) striking ``a determination, designation, or 
                revision'' and inserting ``a determination or change in 
                status'';
                    (C) striking ``(a)(1) or (3),'' and inserting 
                ``(a)(1),'';
                    (D) striking ``in the Federal Register,'' and 
                inserting ``in the Federal Register as provided by 
                paragraph (8),''; and
                    (E) striking subparagraph (E) and inserting the 
                following:
                    ``(E) at the request of any person within 45 days 
                after the date of publication of general notice, 
                promptly hold at least 1 public hearing in each State 
                that would be affected by the proposed regulation 
                (including at least 1 hearing in an affected rural 
                area, if any) except that the Secretary may not be 
                required to hold more than 5 hearings under this 
                clause.''.
            (7) Final regulations.--
                    (A) Schedule.--Section 4(b)(6)(A) is amended to 
                read as follows:
                    ``(A) In general.--Within the 1-year period 
                beginning on the date on which general notice is 
                published in accordance with paragraph (5)(A)(i) 
                regarding a proposed regulation, the Secretary shall 
                publish in the Federal Register--
                            ``(i) a final regulation to implement the 
                        determination,
                            ``(ii) notice that the 1-year period is 
                        being extended under subparagraph (B)(i), or
                            ``(iii) notice that the proposed regulation 
                        is being withdrawn under subparagraph (B)(ii), 
                        together with the finding on which such 
                        withdrawal is based.''.
                    (B) Conforming amendments.--Section 4(b)(6) is 
                amended--
                            (i) in subparagraph (B)(i) by striking ``or 
                        revision'';
                            (ii) in subparagraph (B)(iii), by striking 
                        ``or revision concerned, a finding that the 
                        revision should not be made,''; and
                            (iii) by striking subparagraph (C).
            (8) Publication of data and information.--Section 4(b)(8) 
        is amended by--
                    (A) striking ``a summary by the Secretary of the 
                data'' and inserting ``a summary by the Secretary of 
                the best scientific and commercial data available'';
                    (B) striking ``is based and shall'' and inserting 
                ``is based, shall''; and
                    (C) striking ``regulation; and if such regulation 
                designates or revises critical habitat, such summary 
                shall, to the maximum extent practicable, also include 
                a brief description and evaluation of those activities 
                (whether public or private) which, in the opinion of 
                the Secretary, if undertaken may adversely modify such 
                habitat, or may be affected by such designation.'' and 
                inserting ``regulation, and shall provide, to the 
                degree that it is relevant and available, information 
                regarding the status of the affected species, including 
                current population, population trends, current habitat, 
                food sources, predators, breeding habits, captive 
                breeding efforts, governmental and non-governmental 
                conservation efforts, or other pertinent 
                information.''.
            (9) Sound science.--Section 4(b) is amended by adding at 
        the end the following:
            ``(9) Additional data.--
                    ``(A) In general.--The Secretary shall identify and 
                publish in the Federal Register with the notice of a 
                proposed regulation pursuant to paragraph (5)(A)(i) a 
                description of additional scientific and commercial 
                data that would assist in the preparation of a recovery 
                plan and--
                            ``(i) invite any person to submit the data 
                        to the Secretary; and
                            ``(ii) describe the steps that the 
                        Secretary plans to take for acquiring 
                        additional data.
                    ``(B) Recovery planning.--Data identified and 
                obtained under subparagraph (A) shall be considered by 
                the recovery team and the Secretary in the preparation 
                of the recovery plan in accordance with section 5.
                    ``(C) No delay authorized.--Nothing in this 
                paragraph shall be deemed to waive or extend any 
                deadline for publishing a final rule to implement a 
                determination (except for the extension provided in 
                paragraph (6)(B)(i)) or any deadline under section 5.
            ``(10) Independent scientific review.--
                    ``(A) In general.--In the case of a regulation 
                proposed by the Secretary to implement a determination 
                under subsection (a)(1) that any species is an 
                endangered species or a threatened species or that any 
                species currently listed as an endangered species or a 
                threatened species should be removed from any list 
                published pursuant to subsection (c), the Secretary 
                shall provide for independent scientific peer review 
                by--
                            ``(i) selecting independent referees 
                        pursuant to subparagraph (B);
                            ``(ii) requesting the referees to conduct 
                        the review, considering all relevant 
                        information, and make a recommendation to the 
                        Secretary in accordance with this paragraph not 
                        later than 150 days after the general notice is 
                        published pursuant to paragraph (5)(A)(i).
                    ``(B) Selection of referees.--For each independent 
                scientific review to be conducted pursuant to 
                subparagraph (A), the Secretary shall select 3 
                independent referees from a list provided by the 
                National Academy of Sciences, who--
                            ``(i) through publication of peer-reviewed 
                        scientific literature or other means, have 
                        demonstrated scientific expertise on the 
                        species or a similar species or other 
                        scientific expertise relevant to the decision 
                        of the Secretary under subsection (a);
                            ``(ii) do not have, or represent any person 
                        with, a conflict of interest with respect to 
                        the determination that is the subject of the 
                        review; and
                            ``(iii) are not participants in a petition 
                        to list, change the status of, or remove the 
                        species under paragraph (3)(A)(i), the 
                        assessment of a State for the species under 
                        paragraph (3)(A)(iii), or the proposed or final 
                        determination of the Secretary.
                    ``(C) Final determination.--The Secretary shall 
                take one of the actions under paragraph (6)(A) of this 
                subsection not later than 1 year after the date of 
                publication of the general notice of the proposed 
                determination. If the referees have made a 
                recommendation in accordance with clause (ii) of 
                subparagraph (A), the Secretary shall evaluate and 
                consider the information that results from the 
                independent scientific review and include in the final 
                determination--
                            ``(i) a summary of the results of the 
                        independent scientific review; and
                            ``(ii) in cases where the recommendation of 
                        a majority of the referees who conducted the 
                        independent scientific review under 
                        subparagraph (A) are not followed, an 
                        explanation as to why the recommendation was 
                        not followed.
                    ``(D) Federal advisory committee act.--The referees 
                selected pursuant to this paragraph shall not be 
                subject to the Federal Advisory Committee Act (5 U.S.C. 
                App.).''.
            (10) Lists.--Section 4(c) is amended by--
                    (A) inserting ``designated'' before ``critical 
                habitat''; and
                    (B) striking ``determinations, designations and 
                revisions'' and inserting ``determinations''.
            (11) Protective regulation.--Section 4(d) is amended by--
                    (A) striking ``Whenever any species is listed'' and 
                inserting the following:
            ``(1) In general.--Whenever any species is listed''; and
                    (B) adding at the end the following:
            ``(2) New listings.--With respect to each species listed as 
        a threatened species after the date of enactment of the 
        Endangered Species Recovery Act of 1997, regulations applicable 
        under paragraph (1) to the species shall be specific to that 
        species by the date on which the Secretary is required to 
        approve a recovery plan for the species pursuant to section 
        5(c) and may be subsequently revised.''.
            (12) Recovery plans.--Section 4 is amended by striking 
        subsection (f) and redesignating subsections (g) through (i) as 
        subsections (f) through (h), respectively.
            (13) Conforming amendment.--Section 4(g) (as redesignated 
        by paragraph (12)) is amended in paragraph (4) by striking 
        ``subsection (f) of this section'' and inserting ``section 5''.
    (d) Public Availability of Data.--Section 3(b), as amended by 
subsection (a), is amended by adding at the end the following:
    ``(2) Freedom of information act exemption.--The Secretary, and the 
head of any other Federal agency upon the recommendation of the 
Secretary, may withhold or limit the availability of data requested to 
be released pursuant to section 552 of title 5, United States Code, if 
the data describes or identifies the location of an endangered species, 
a threatened species, or a species that has been proposed to be listed 
as threatened or endangered, and release of the data would be likely to 
result in increased take of the species.''.

SEC. 3. ENHANCED RECOVERY PLANNING.

    (a) Redesignation.--Section 5 of the Act is redesignated as section 
5A.
    (b) Recovery Plans.--The Act is amended by inserting prior to 
section 5A (as redesignated by subsection (a)) the following:

                            ``recovery plans

    ``Sec. 5. (a) In General.--The Secretary, in cooperation with the 
States, and on the basis of the best scientific and commercial data 
available, shall develop and implement plans (referred to in this Act 
as ``recovery plans'') for the conservation and recovery of endangered 
species and threatened species that are indigenous to the United States 
or in waters under the jurisdiction of the United States in accordance 
with the requirements and schedules described in this section, unless 
the Secretary finds, after notice and opportunity for public comment, 
that a plan will not promote the conservation of the species or because 
an existing plan or strategy to conserve the species already serves as 
the functional equivalent to a recovery plan. The Secretary may 
authorize a State agency to develop recovery plans pursuant to 
subsection (m).
    ``(b) Priorities.--To the maximum extent practicable, the 
Secretary, in developing recovery plans, shall give priority, without 
regard to taxonomic classification, to recovery plans that--
            ``(1) address significant and immediate threats to the 
        survival of an endangered species or a threatened species, have 
        the greatest likelihood of achieving recovery of the endangered 
        species or the threatened species, and will benefit species 
        that are more taxonomically distinct;
            ``(2) address multiple species including (A) endangered 
        species, (B) threatened species, or (C) species that the 
        Secretary has identified as candidates or proposed for listing 
        under section 4 and that are dependent on the same habitat as 
        the endangered species or threatened species covered by the 
        plan;
            ``(3) reduce conflicts with construction, development 
        projects, jobs or other economic activities; and
            ``(4) reduce conflicts with military training and 
        operations.
    ``(c) Schedule.--For each species determined to be an endangered 
species or a threatened species after the date of enactment of the 
Endangered Species Recovery Act of 1997 for which the Secretary is 
required to develop a recovery plan under subsection (a), the Secretary 
shall publish--
            ``(1) not later than 18 months after the date of the 
        publication under section 4 of the final regulation containing 
        the listing determination, a draft recovery plan; and
            ``(2) not later than 30 months after the date of 
        publication under section 4 of the final regulation containing 
        the listing determination, a final recovery plan.
    ``(d) Appointment and Role of Recovery Team.--
            ``(1) In general.--Not later than 60 days after the date of 
        the publication under section 4 of the final regulation 
        containing the listing determination for a species, the 
        Secretary, in cooperation with the affected States, shall 
        either appoint a recovery team to develop a recovery plan for 
        the species or publish a notice pursuant to paragraph (3) that 
        a recovery team shall not be appointed. Recovery teams shall 
        include the Secretary and at least one representative from the 
        State agency of each of the affected States choosing to 
        participate and be broadly representative of the constituencies 
        with an interest in the species and its recovery and in the 
        economic or social impacts of recovery including 
        representatives of Federal agencies, tribal governments, local 
        governments, academic institutions, private individuals and 
        organizations, and commercial enterprises. The recovery team 
        members shall be selected for their knowledge of the species or 
        for their expertise in the elements of the recovery plan or its 
        implementation.
            ``(2) Duties of the recovery team.--Each recovery team 
        shall prepare and submit to the Secretary the draft recovery 
        plan that shall include the team's recommended recovery 
        measures and alternatives, if any, to meet the recovery goal 
        under subsection (e)(1). The recovery team may also be called 
        upon by the Secretary to assist in the implementation, review 
        and revision of recovery plans. The recovery team shall also 
        advise the Secretary concerning the designation of critical 
        habitat, if any.
            ``(3) Exception.--
                    ``(A) In general.--Notwithstanding paragraph (1), 
                the Secretary may, after notice and opportunity for 
                public comment, establish criteria to identify species 
                for which the appointment of a recovery team would not 
                be required under this subsection, taking into account 
                the availability of resources for recovery planning, 
                the extent and complexity of the expected recovery 
                activities and the degree of scientific uncertainty 
                associated with the threats to the species.
                    ``(B) State option.--If the Secretary elects not to 
                appoint a recovery team, the Secretary shall provide 
                notice to each affected State and shall provide the 
                affected States the opportunity to appoint a recovery 
                team and develop a recovery plan, in accordance with 
                the requirements and procedures set out in subsection 
                (m).
                    ``(C) Secretarial duty.--In the event that a 
                recovery team is not appointed, the Secretary shall 
                perform all duties of the recovery team required by 
                this section.
            ``(4) Travel expenses.--The Secretary is authorized to 
        provide travel expenses (including per diem in lieu of 
        subsistence at the same level as authorized by section 5703 of 
        title 5, United States Code) to recovery team members.
            ``(5) Federal advisory committee act.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to the selection 
        or activities of a recovery team appointed pursuant to this 
        subsection or subsection (m).
    ``(e) Contents of Recovery Plans.--Each recovery plan shall 
contain:
            ``(1) Biological recovery goal.--
                    ``(A) In general.--Not later than 6 months after 
                the appointment of a recovery team under this section, 
                those members of the recovery team with relevant 
                scientific expertise shall establish and submit to the 
                Secretary of recommended biological recovery goal to 
                conserve and recover the species that, when met, would 
                result in the determination, in accordance with the 
                provisions of section 4, that the species be removed 
                from the list. The goal shall be based solely on the 
                best scientific and commercial data available. The 
                recovery goal shall be expressed as objective and 
                measurable biological criteria. When the goal is met, 
                the Secretary shall be required to initiate the 
                procedures for determining whether, in accordance with 
                section 4(a)(1), to remove the species from the list.
                    ``(B) Peer review.--The recovery team shall 
                promptly obtain independent scientific review of the 
                recommended biological recovery goal.
            ``(2) Recovery measures.--The recovery plan shall 
        incorporate recovery measures that will meet the recovery goal.
                    ``(A) Measures.--The recovery measures may 
                incorporate general and site-specific measures for the 
                conservation and recovery of the species such as--
                            ``(i) actions to protect and restore 
                        habitat;
                            ``(ii) research;
                            ``(iii) establishment of refugia, captive 
                        breeding, releases of experimental populations;
                            ``(iv) actions that may be taken by Federal 
                        agencies, including actions that use, to the 
                        maximum extent practicable, Federal lands; and
                            ``(v) opportunities to cooperate with State 
                        and local governments and other persons to 
                        recover species, including through the 
                        development and implementation of conservation 
                        plans under section 10.
                    ``(B) Draft recovery plans.--
                            ``(i) In general.--In developing a draft 
                        recovery plan, the recovery team or, if there 
                        is no recovery team, the Secretary, shall 
                        consider alternative measures and recommend 
                        measures to meet the recovery goal including 
                        the benchmarks. The recovery measures shall 
                        achieve an appropriate balance among the 
                        following factors--
                                    ``(I) the effectiveness of the 
                                measures in meeting the recovery goal;
                                    ``(II) the period of time in which 
                                the recovery goal is likely to be 
                                achieved, provided that the time period 
                                within which the recovery goal is to be 
                                achieved will not pose a significant 
                                risk to recovery of the species; and
                                    ``(III) the social and economic 
                                impacts (both quantitative and 
                                qualitative) of the measures and their 
                                distribution across regions and 
                                industries.
                            ``(ii) Description of alternatives.--The 
                        draft plan shall include a description of any 
                        alternative recovery measures considered, but 
                        not included in the recommended measures, and 
                        an explanation of how any such measures 
                        considered were assessed and the reasons for 
                        their selection or rejection.
                            ``(iii) Description of economic effects.--
                        If the recommended recovery measures identified 
                        in clause (i) would impose significant costs on 
                        a municipality, county, region or industry, the 
                        recovery team shall prepare a description of 
                        the overall economic effects on the public and 
                        private sections including, as appropriate, 
                        effects on employment public revenues, and 
                        value of property as a result of the 
                        implementation of the recovery plan.
            ``(3) Benchmarks.--The recovery plan shall include 
        objective, measurable benchmarks expected to be achieved over 
        the course of the recovery plan to determine whether progress 
        is being made towards the recovery goal.
            ``(4) Federal agencies.--Each recovery plan for an 
        endangered species or a threatened species shall identify 
        Federal agencies that authorize, fund, or carry out actions 
        that are likely to have a significant impact on the prospects 
        for recovering the species.
    ``(f) Public Notice and Comment.--
            ``(1) In general.--If the Secretary makes a preliminary 
        determination that the draft recovery plan meets the 
        requirements of this section, the Secretary shall publish in 
        the Federal Register and a newspaper of general circulation in 
        each affected State a notice of availability and a summary of, 
        and a request for public comment on, the draft recovery plan 
        including a description of the economic effects prepared under 
        subsection (e)(2)(B)(iii) and the recommendations of the 
        independent referees on the recovery goal.
            ``(2) Hearings.--At the request of any person, the 
        Secretary shall hold at least 1 public hearing on each draft 
        recovery plan in each State to which the plan would apply 
        (including at least 1 hearing in an affected rural area, if 
        any), except that the Secretary may not be required to hold 
        more than 5 hearings under this paragraph.
    ``(g) Procurement Authority.--The Secretary, in developing and 
implementing recovery plans, may procure the services of appropriate 
public and private agencies and institutions and other qualified 
persons.
    ``(h) Review and Selection by the Secretary.--
            ``(1) Review and approval.--The Secretary shall review each 
        plan submitted by a recovery team, including a recovery team 
        appointed by a State pursuant to the authority of subsection 
        (m), to determine whether the plan was developed in accordance 
        with the requirements of this section. If the Secretary 
        determines that the plan does not satisfy such requirements, 
        the Secretary shall notify the recovery team and give the team 
        an opportunity to address the concerns of the Secretary and 
        resubmit a plan that satisfies the requirements of this 
        section. After notice and opportunity for public comment on the 
        recommendations of the recovery team, the Secretary shall adopt 
        a final recovery plan that is consistent with the requirements 
        of this section.
            ``(2) Section of recovery measures.--In each final plan the 
        Secretary shall select recovery measures that meet the recovery 
        goal and the benchmarks. The recovery measures shall achieve an 
        appropriate balance among the factors in subclauses (I) through 
        (III) of subsection (e)(2)(B)(i).
            ``(3) Measures recommended by recovery team.--If the 
        Secretary selects measures other than those recommended by the 
        recovery team, the Secretary shall publish with the final plan 
        an explanation of why the measures recommended by the recovery 
        team were not selected for the final recovery plan.
            ``(4) Publication of notice on final plans.--The Secretary 
        shall publish in the Federal Register a notice of availability, 
        and a summary, of the final recovery plan, and include in the 
        final recovery plan a response to significant comments that the 
        Secretary received on the draft recovery plan.
    ``(i) Review.--
            ``(1) Existing plans--Not later than 5 years after date of 
        enactment of Endangered Species recovery Act of 1997, the 
        Secretary shall review recovery plans published prior to such 
        date.
            ``(2) Subsequent plans.--The Secretary shall review each 
        recovery plan first approved or revised under this section 
        subsequent to the enactment of the Endangered Species Recovery 
        Act of 1997, not later than 10 years after the date of approval 
        or revision of the plan and every 10 years thereafter.
    ``(j) Revision of Recovery Plans.--Notwithstanding any other 
provisions of this section,the Secretary shall revise a recovery plan 
if the Secretary finds that substantial new information, that may 
include the failure to meet the benchmarks included in the plan, based 
upon the best scientific and commercial data available, indicates that 
the recovery goals contained in the recovery plan will not achieve the 
conservation and recovery of the endangered species or threatened 
species covered by the plan. The Secretary shall convene a recovery 
team to develop the revisions required by this subsection, unless the 
Secretary has established an exception for the species pursuant to 
subsection (d)(3).
    ``(k) Existing Plans.--Nothing in this section shall be interpreted 
to require the modification of--
            ``(1) a recovery plan approved, or
            ``(2) a recovery plan on which public notice and comment 
        has been initiated,
prior to the date of enactment of the Endangered Species Recovery Act 
of 1997 until revised by the Secretary in accordance with this section.
    ``(l) Implementation of Recovery Plans.--
            ``(1) Implementation agreements.--The Secretary is 
        authorized to enter into agreements with Federal agencies, 
        affected States, Indian tribes, local governments, private 
        landowners and organizations to implement specified 
        conservation measures identified by an approved recovery plan 
        that promote the recovery of the species on lands or waters 
        owned by, or within the jurisdiction of, each such party. The 
        Secretary may enter into such agreements, if the Secretary, 
        after notice and opportunity for public comment, determines 
        that--
                    ``(A) each party to the agreement has the legal 
                authority and capability to carry out the agreement;
                    ``(B) the agreement shall be reviewed and revised 
                as necessary on a regular basis by the parties to the 
                agreement to ensure that it meets the requirements of 
                this section; and
                    (C) the agreement establishes a mechanism for the 
                Secretary to monitor and evaluate implementation of the 
                agreement.
            ``(2) Duty of federal agencies.--Each Federal agency 
        identified under subsection (e)(4) shall enter into an 
        implementation agreement with the Secretary not later than 2 
        years after the date on which the Secretary approves the 
        recovery plan for the species. For purposes of satisfying this 
        section, the substantive provisions of the agreement shall be 
        within the sole discretion of the Secretary and the head of the 
        Federal agency entering into the agreement.
            ``(3) Other requirements.--
                    ``(A) Agency actions.--Any action authorized, 
                funded or carried out by a Federal agency that is 
                specified in a recovery plan implementation agreement 
                between the Federal agency and the Secretary to promote 
                the recovery of the species and for which the agreement 
                provides sufficient information on the nature, scope 
                and duration of the action to determine the effect of 
                the action on any endangered species, threatened 
                species, or critical habitat shall not be subject to 
                the requirements of section 7(a)(2) for that species, 
                provided the action is to be carried out during the 
                term of such agreement and the Federal agency is in 
                compliance with the agreement.
                    ``(B) Comprehensive agreements.--If a non-Federal 
                person proposes to include in an implementation 
                agreement a site-specific action that the Secretary 
                determines meets the requirements of subparagraph (A) 
                and that action would require authorization or funding 
                by one or more Federal agencies, the agencies 
                authorizing or funding the action shall participate in 
                the development of the agreement and shall identify, at 
                that time, all measures for the species that would be 
                required under this Act as a condition of the 
                authorization or funding.
            ``(4) Financial assistance--
                    ``(A) In general.--In cooperation with the States 
                and subject to the availability of appropriations under 
                section 13(f), the Secretary may provide a grant of up 
                to $25,000 to any individual private landowner to 
                assist the landowner in carrying out a recovery plan 
                implementation agreement under this subsection.
                    ``(B) Prohibition on assistance for required 
                activities.--The Secretary may not provide assistance 
                under this paragraph for any action that is required by 
                a permit issued under this Act or that is otherwise 
                required under this Act or other Federal law.
                    ``(C) Other payments.--Grants provided to an 
                individual private landowner under this paragraph shall 
                be in addition to, and not affect, the total amount of 
                payments the landowner is otherwise eligible to receive 
                under the Conservation Reserve Program (16 U.S.C. 3831 
                et seq.), the Wetlands Reserve Program (16 U.S.C. 3837 
                et seq.), or the Wildlife Habitat Incentives Program 
                (16 U.S.C. 3836a).
    ``(m) State Authority for Recovery Planning.--
            ``(1) In general.--At the request of the Governor of a 
        State, or the Governors of several States in cooperation, the 
        Secretary may authorize the respective State agency to develop 
        the recovery plan for an endangered species or a threatened 
species in accordance with the requirements and schedules of 
subsections (c), (d)(1), (d)(2), and (e) and this subsection if the 
Secretary finds that--
                    ``(A) the State or States have entered into a 
                cooperative agreement with the Secretary pursuant to 
                section 6(c); and
                    ``(B) the State agency has submitted a statement to 
                the Secretary demonstrating adequate authority and 
                capability to carry out the requirements and schedules 
                of subsections (c), (d)(1), (d)(2), and (e) of this 
                subsection.
            ``(2) Standards and guidelines.--The Secretary, in 
        cooperation with the States, shall publish standards and 
        guidelines for the development of recovery plans by a State 
        agency under this subsection, including standards and 
        guidelines for interstate cooperation and for the grant and 
        withdrawal of authorization under this subsection by the 
        Secretary.
            ``(3) Members and duties of recovery team.--Each recovery 
        team appointed by a State agency under this subsection shall 
        include the Secretary. The recovery team shall prepare a draft 
        recovery plan in accordance with the requirements of this 
        section and shall transmit the draft plan to the Secretary 
        through the State agency authorized to develop the recovery 
        plan.
            ``(4) Review of draft plans.--Prior to publication of a 
        notice of availability of a draft recovery plan, the Secretary 
        shall review each draft recovery plan developed pursuant to 
        this subsection to determine whether it meets the requirements 
        of this section. If the Secretary determines that the plan does 
        not meet such requirements, the Secretary shall notify the 
        State agency and, in cooperation with such State agency, 
        develop a recovery plan in accordance with the requirements of 
        this section.
            ``(5) Review and approval of final plans.--Upon receipt of 
        a draft recovery plan transmitted by a State agency, the 
        Secretary shall review and approve the plan in accordance with 
        subsection (h).
            ``(6) Withdrawal of authority.--
                    ``(A) In general.--The Secretary may withdraw the 
                authority from a State that has been authorized to 
                develop a recovery plan pursuant to this subsection if 
                the actions of the State agency are not in accordance 
                with the substantive and procedural requirements of 
                subsections (c), (d)(1), (d)(2), and (e) of this 
                subsection. The Secretary shall give the State agency 
                an opportunity to correct any deficiencies identified 
                by the Secretary and shall withdraw the authority from 
                the State unless the State agency within 60 days has 
                corrected the deficiencies identified by the Secretary. 
                Upon withdrawal of State authority pursuant to this 
                subsection, the Secretary shall have an additional 18 
                months to publish a draft recovery plan and an 
                additional 12 months to publish a final recovery plan 
                under subsection 5(c).
                    ``(B) Petitions to withdraw.--Any person may submit 
                a petition requesting the Secretary to withdraw the 
                authority from a State on the basis that the actions of 
                the State agency are not in accordance with the 
                substantive and procedural requirements identified in 
                subparagraph (A). If the Secretary has not acted on the 
                petition pursuant to subparagraph (A) within 90 days, 
                the petition shall be deemed denied and the denial 
                shall be a final agency action for the purposes of 
                judicial review.
            ``(7) State agency.--For purposes of this subsection, the 
        term `State agency' includes--
                    ``(A) State agencies (as defined in section 3) of 
                the several States submitting a cooperative request 
                under paragraph (1); and
                    ``(B) for fish and wildlife, including related 
                spawning grounds and habitat, on the Columbia River and 
                its tributaries, the Pacific Northwest Electric Power 
                and Conservation Planning Council established under the 
                Pacific Northwest Electric Power Planning and 
                Conservation Act (16 U.S.C. 839 et seq.).
    ``(n) Critical Habitat Designation.--
            ``(1) Recommendation of the recovery team.--Not later than 
        9 months after the date of publication under section 4 of a 
        final regulation containing a listing determination for a 
        species, the recovery team appointed for the species shall 
        provide the Secretary with a description of any habitat of the 
        species that is recommended for designation as critical habitat 
        pursuant to this subsection and any recommendations for special 
        management considerations or protection that are specific to 
        such habitat.
            ``(2) Designation by the secretary.--The Secretary, to the 
        maximum extent prudent and determinable, shall be regulation 
        designate any habitat of an endangered species or a threatened 
        species that is indigenous to the United States or waters under 
        the jurisdiction of the United States that is considered to be 
        critical habitat.
                    ``(A) Designation.--
                            ``(i) Proposal.--Not later than 18 months 
                        after the date on which a final listing 
                        determination is made under section 4 for a 
                        species, the Secretary, after consultation and 
                        in cooperation with the recovery team, shall 
                        publish in the Federal Register a proposed 
                        regulation designating critical habitat for the 
                        species.
                            ``(ii) Promulgation.--The Secretary shall, 
                        after consultation and in cooperation with the 
                        recovery team, publish a final regulation 
                        designating critical habitat for a species not 
                        later than 30 months after the date on which a 
                        final listing determination is made under 
                        section 4 for the species.
                    ``(B) Other designations.--If a recovery plan is 
                not developed under this section for an endangered 
                species or a threatened species, the Secretary shall 
                publish a final critical habitat determination for that 
                endangered species or threatened species within 36 
                months after making a determination that the species is 
                an endangered species or a threatened species.
                    ``(C) Additional authority.--The Secretary may 
                publish a regulation designating critical habitat for 
                an endangered species or a threatened species 
                concurrently with the final regulation implementing the 
                determination that the species is endangered or 
                threatened if the Secretary determines that designation 
                of such habitat at the time of listing is essential to 
                avoid the imminent extinction of the species.
            ``(3) Factors to be considered.--The designation of 
        critical habitat shall be made on the basis of the best 
        scientific and commercial data available and after taking into 
        consideration the economic impact, impacts to military training 
        and operations, and any other relevant impact, of specifying 
        any particular area as critical habitat. The Secretary shall 
        describe the economic impacts and other relevant impacts that 
        are to be considered under this subsection in the publication 
        of any proposed regulation designating critical habitat.
            ``(4) Exclusions.--The Secretary may exclude any area from 
        critical habitat for a species if 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 that the failure to designate the area 
        as critical habitat will result in the extinction of the 
        species.
            ``(5) Revisions.--The Secretary may, from time-to-time and 
        as appropriate, revise a designation. Each area designated as 
        critical habitat before the date of enactment of the Endangered 
        Species Recovery Act of 1997 shall continue to be considered so 
        designated, until the designation is revised in accordance with 
        this subsection.
            ``(6) Petitions.--
                    ``(A) Determination that revision may be 
                warranted.--To the maximum extent practicable, within 
                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 scientific or commercial 
                information indicating that the revision may be 
                warranted. The Secretary shall promptly publish such 
                finding in the Federal Register.
                    ``(B) Notice of proposed action.--Within 12 months 
                after receiving a petition that is found under 
                subparagraph (A) to present substantial information 
                indicating that the requested revision may be 
                warranted, the Secretary shall determine how to proceed 
                with the requested revision, and shall promptly publish 
                notice of such intention in the Federal Register.
            ``(7) Proposed and final regulations.--Any regulation to 
        designate critical habitat or implement a requested revision 
        shall be proposed and promulgated in accordance with paragraphs 
        (4), (5) and (6) of section 4(b) in the same manner as a 
        regulation to implement a determination with respect to listing 
        a species.
    ``(o) Reports.--The Secretary shall report every two years 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 recovery plans for all species listed 
pursuant to section 4 and on the status of all species for which such 
plans have been developed.''.
    (c) Citizen Suits.--Section 11(g)(1)(C) of the Act (16 U.S.C. 
1540(g)(1)(C)) is amended by inserting ``or section 5'' after ``section 
4''.
    (d) Conforming Amendments for Recovery Planning.--
            (1) Section 6(d)(1) is amended by striking ``section 4(g)'' 
        and inserting ``section 4(f)''.
            (2) Section 10(f)(5) is amended by striking the last 
        sentence.
            (3) Sections 104(c)(4)(A)(ii)(I), 115(b)(2), and 118(f)(11) 
        of the Marine Mammal Protection Act are amended by striking 
        ``section 4(f)'' each place it occurs and inserting ``section 
        5''.
            (4) The table of contents in the first section (16 U.S.C. 
        1531) is amended by striking the item related to section 5 and 
        inserting the following:

``Sec. 5. Recovery plans.
Sec. 5A. Land acquisition.''.
    (e) Plans for Previously Listed Species.--In the case of species 
included in the list published under section 4(c) before the date of 
enactment of this Act, and for which no recovery plan was developed 
before that date, the Secretary shall develop a final recovery plan in 
accordance with the requirements of section 5 (including the priorities 
of section 5(b)) of the Endangered Species Act (16 U.S.C. 1531 et 
seq.), as amended by this Act, for not less than one-half of the 
species not later than 36 months after the date of enactment of this 
Act and for all species not later than 60 months after such date.

SEC. 4. INTERAGENCY CONSULTATION AND COOPERATION.

    (a) Reasonable and Prudent Alternatives.--Section 3 (16 U.S.C. 
1532) is amended by redesignating paragraphs (15) through (21) as 
paragraphs (16) through (22), respectively, and inserting the following 
new paragraph after paragraph (14):
    ``(15) Reasonable and prudent alternatives.--The term `reasonable 
and prudent alternatives' means alternative actions identified during 
consultation that can be implemented in a manner consistent with the 
intended purpose of the action, that can be implemented consistent with 
the scope of the Federal agency's legal authority and jurisdiction, 
that are economically and technologically feasible, and that the 
Secretary believes would avoid the likelihood of jeopardizing the 
continued existence of listed species or resulting in the destruction 
or adverse modification of critical habitat.''.
    (b) Inventory of Species on Federal Lands.--Section 7(a)(1)(16 
U.S.C. 1536(a)(1)) is amended by--
            (1) inserting ``(A)'' after ``(1)''; and
            (2) adding the following at the end thereof:
            ``(B) Inventory of species on federal lands.--The head of 
        each Federal agency that is responsible for the management of 
        lands and waters--
                    ``(i) shall by not later than December 31, 2003, 
                prepare and provide to the Secretary an inventory of 
                the presence or occurrence of endangered species, 
                threatened species, species that have been proposed for 
                listing, and species that the Secretary has identified 
                as candidates for listing under section(4), that are 
                located on lands or waters owned or under control of 
                the agency; and
                    ``(ii) shall at least once every 5 years thereafter 
                update the inventory required by clause (1) including 
                newly listed, proposed and candidate species.''.
    (c) Consultation.--Section 7(a)(3) (16 U.S.C. 1536(a)(3)) is 
amended to read as follows:
            ``(3) Consultation.--
                    ``(A) Notification of actions.--Prior to commencing 
                any action, each Federal agency shall notify the 
                Secretary if the agency determines that the action may 
                affect an endangered species or a threatened species or 
                critical habitat.
                    (B) Agency determination.--
                            ``(i) In general.--Each Federal agency 
                        shall consult with the Secretary as required by 
                        paragraph (2) on each action for which 
                        notification is required under subparagraph (A) 
                        unless--
                                    ``(I) the Federal agency makes a 
                                determination based on the opinion of a 
                                qualified biologist that the action is 
                                not likely to adversely affect an 
                                endangered species, a threatened 
                                species or critical habitat;
                                    ``(II) the Federal agency notifies 
                                the Secretary that it has determined 
                                that the action is not likely to 
                                adversely affect any listed species or 
                                critical habitat and provides the 
                                Secretary, along with the notice, a 
                                copy of the information on which the 
                                agency based the determination; and
                                    ``(III) the Secretary does not 
                                object in writing to the agency's 
                                determination within 60 days from the 
                                date such notice is received.
                            ``(ii) Actions excluded.--The Secretary may 
                        by regulation identify categories of actions 
                        with respect to specific endangered species or 
                        threatened species that the Secretary 
                        determines are likely to have an adverse effect 
                        on the species or its critical habitat and, for 
                        which, the procedures of clause (i) shall not 
                        apply.
                            ``(iii) Basis for objection.--The Secretary 
                        shall object to a determination made by a 
                        Federal agency pursuant to clause (i), if--
                                    ``(I) the Secretary determines that 
                                the action may have an adverse effect 
                                on an endangered species, a threatened 
                                species or critical habitat; or
                                    ``(II) the Secretary finds that 
                                there is insufficient information in 
                                the documentation accompanying the 
                                determination to evaluate the impact of 
                                the proposed action on endangered 
                                species, threatened species, or 
                                critical habitat; or
                                    ``(III) the Secretary finds that, 
                                because of the nature of the action and 
                                its potential impact on an endangered 
                                species, a threatened species or 
                                critical habitat, review cannot be 
                                completed in 60 days.
                            ``(iv) NAS review.--Not later than 3 years 
                        after the date of enactment of this clause, the 
                        Secretary shall enter into appropriate 
                        arrangements with the National Academy of 
                        Sciences to conduct a review of and prepare a 
                        report on the determinations made by Federal 
                        agencies pursuant to clause (i). The report 
                        shall be transmitted to the Congress not later 
                        than 5 years after the date of enactment of 
                        this clause.
                            ``(v) Reports.--The Secretary shall report 
                        to the Congress not less often than bienally 
                        with respect to the implementation of this 
                        subparagraph including in the report 
                        information on the circumstances that resulted 
                        in the Secretary making any objection to a 
                        determination made by a Federal agency under 
                        clause (i) and the availability of resources to 
                        carry out the requirements of this section.
                    ``(C) Consultation at request of applicant.--
                Subject to such guidelines as the Secretary may 
                establish, a Federal agency shall consult with the 
                Secretary on any prospective agency action at the 
                request of, and in cooperation with, the prospective 
                permit or license applicant if the applicant has reason 
                to believe that an endangered species or a threatened 
                species may be present in the area affected by the 
                applicant's project and that implementation of the 
                action will likely affect the species.''.
    (d) GAO Report.--The Comptroller General of the United States shall 
report to the Committee on Environment and Public Works of the Senate 
and to the Committee on Resources of the House of Representatives not 
later than 3 years after the date of enactment of this Act, and 2 years 
thereafter, on the cost of formal consultation to Federal agencies and 
other persons carrying out actions subject to the requirements of 
section 7 of the Endangered Species Act (16 U.S.C. 1536), including the 
cost of reasonable and prudent measures imposed.
    (e) New Listings.--Section 7(a) (16 U.S.C. 1536(a)) is amended by 
adding at the end the following:
            ``(5) Effect of listing on existing plans.--
                    ``(A) Actions.--For the purposes of paragraph (2), 
                the term `action' includes land use plans under the 
                Federal Land Policy and Management Act (43 U.S.C. 1701 
                et seq.) and resource management plans under the Forest 
                and Rangeland Renewable Resources Planning Act (16 
                U.S.C. 1600 et seq.), as amended by the National Forest 
                Management Act (16 U.S.C. 1600 et seq.).
                    ``(B) Re-initiation of consultation.--Whenever a 
                determination to list a species as an endangered 
                species or a threatened species or designation of 
                critical habitat requires re-initiation of consultation 
                under section 7(a)(2) on an already approved action as 
                defined under subparagraph (A), the consultation shall 
                commence promptly, but no later than 90 days after the 
                date of the determination or designation, and be 
                completed within 12 months of the date on which the 
                consultation is commenced.
                    ``(C) Site-specific actions during consultation.--
                Notwithstanding subsection (d), the Federal agency 
                implementing the land use plan or resource management 
                plan under subparagraph (B) may authorize, fund, or 
                carry out a site-specific ongoing or previously 
                scheduled action with the scope of the plan on such 
                lands prior to completing consultation on the plan 
                under subparagraph (B) pursuant to the consultation 
                procedures of this section and related regulations, 
                if--
                            ``(i) no consultation on the action is 
                        required; or
                            ``(ii) consultation on the action is 
                        required and the Secretary issues a biological 
                        opinion and the action satisfies the 
                        requirements of this section.''.
    (f) Improved Federal Agency Coordination.--Section 7(a) (16 U.S.C. 
1536(a)) is amended by adding at the end the following:
    ``(6) Consolidation of Consultation and Conferencing.--
            ``(A) Consultation with a single agency.--Consultation and 
        conferencing under this subsection between the Secretary and a 
        Federal agency may, with the approval of the Secretary, 
        encompass a number of related or similar actions by the agency 
        to be carried out within a particular geographic area.
            ``(B) Consultation with several agencies.--The Secretary 
        may consolidate requests for consultation or conferencing from 
        various Federal agencies the proposed actions of which may 
        affect the same endangered species, threatened species, or 
        species that have been proposed for listing under section 4, 
        within a particular geographic area.''.
    (g) Use of Information Provided by States.--Section 7(b)(1) (16 
U.S.C. 1536(b)(1)) is amended by adding at the end the following:
    ``(C) Use of state information.--In conducting a consultation under 
subsection (a)(2), the Secretary shall actively solicit and consider 
information from the State agency in each affected State.''.
    (h) Opportunity to Participate in Consultations.--Section 7(b)(1) 
(16 U.S.C. 1536(b)(1)) (as amended by subsection (g)) is further 
amended by adding at the end the following:
    ``(D) Opportunity to participate in consultations.--
            ``(i) In general.--In conducting a consultation under 
        subsection (a)(2), the Secretary shall provide any person who 
        has sought authorization or funding for an action from a 
        Federal agency and that authorization or funding is the subject 
        of the consultation, the opportunity to--
                    ``(I) prior to the development of a draft 
                biological opinion, submit and discuss with the 
                Secretary and the Federal agency information relevant 
                to the effect of the proposed action on the species and 
                the availability of reasonable and prudent alternatives 
                (if a jeopardy opinion is to be issued) that the 
                Federal agency and the person can take to avoid 
                violation of section 7(a)(2);
                    ``(II) receive information, upon request subject to 
                the exemptions of the Freedom of Information Act (5 
                U.S.C. 552(b)) on the status of the species, threats to 
                the species, and conservation measures, used by the 
                Secretary to develop the draft biological opinion and 
                the final biological opinion, including the associated 
                incidental take statements; and
                    ``(III) received a copy of the draft biological 
                opinion from the Federal agency and, prior to issuance 
                of the final biological opinion, submit comments on the 
                draft biological opinion and discuss with the Secretary 
                and the Federal agency the basis for any finding in the 
                draft biological opinion.
            ``(ii) Explanation.--If reasonable and prudent alternatives 
        are proposed by a person under clause (i) and the Secretary 
        does not include the alternatives in the final biological 
        opinion, the Secretary shall explain to such person why those 
        alternatives were not included in the opinion.''.
    (i) Incidental Taking Standards for Federal Agencies.--Section 
7(b)(4) (16 U.S.C. 1536 (b)(4)) is amended--
            (1) in clause (ii), by inserting ``and mitigate'' after 
        ``to minimize''; and
            (2) by adding at the end the following: ``For purposes of 
        this subsection, reasonable and prudent measures shall be 
        related both in nature and extent to the effect of the proposed 
        activity that is the subject of the consultation.''.
    (j) Revision of Regulations.--Not later than 1 year after the date 
of enactment of the Endangered Species Recovery Act of 1997, the 
Secretary shall promulgate modifications to part 402 of title 50, Code 
of Federal Regulations, to implement the provisions of this section.

SEC. 5. CONSERVATION PLANS.

    (a) Permit for Take on the High Seas.--Section 10(a)(1)(B) (16 
U.S.C. 1539(a)(1)(B)) is amended by striking ``section 9(a)(1)(B)'' and 
inserting in lieu thereof ``subparagraph (B) or (C) of section 
9(a)(1)''.
    (b) Monitoring.--Section 10(a)(2)(B) (16 U.S.C. 1539(a)(2)(B)) is 
amended by striking ``reporting'' and inserting in lieu thereof 
``monitoring and reporting''.
    (c) Other Plans.--Section 10(a) (16 U.S.C. 1539(a)) is amended by 
striking paragraph (2)(C) and inserting the following new paragraphs:
    ``(3) Multiple species conservation plans.--
            ``(A) In general.--In addition to one or more listed 
        species, a conservation plan developed under paragraph (2) may, 
        at the request of the applicant, include species proposed for 
        listing under section 4(c), candidate species, or other species 
        found on lands or waters owned or within the jurisdiction of 
        the applicant covered by the plan.
            ``(B) Approval criteria.--The Secretary shall approve an 
        application for a permit under paragraph (1)(B) that includes 
        species other than species listed as endangered species or 
        threatened species if, after notice and opportunity for public 
        comment, the Secretary finds that the permit application and 
        the related conservation plan satisfy the criteria of 
        paragraphs (2)(A) and (2)(B) with respect to listed species, 
        and that the permit application and the related conservation 
        plan with respect to other species satisfy the following 
        requirements:
                    ``(i) The impact on non-listed species included in 
                the plan will be incidental;
                    ``(ii) The applicant will, to the maximum extent 
                practicable, minimize and mitigate such impacts;
                    ``(iii) The actions taken by the applicant with 
                respect to species proposed for listing or candidates 
                for listing included in the plan, if undertaken by all 
                similarly situated persons within the range of such 
                species, are likely to eliminate the need to list the 
                species as an endangered species or a threatened 
                species for the duration of the agreement as a result 
                of the activities conducted by those persons;
                    ``(iv) The actions taken by the applicant with 
                respect to other non-listed species included in the 
                plan, if undertaken by all similarly situated persons 
                within the range of such species, would not be likely 
                to contribute to a determination to list the species as 
                an endangered species or a threatened species for the 
                duration of the agreement;
                    ``(v) The criteria of paragraphs (2)(A)(iv), 
                (2)(B)(iii) and (2)(B)(v); and
        the Secretary has received such other assurances as the 
        Secretary may require that the plan will be implemented. The 
        permit shall contain such terms and conditions as the Secretary 
        deems necessary or appropriate to carry out the purposes of 
        this paragraph, including, but not limited to, such monitoring 
        and reporting requirements as the Secretary deems necessary for 
        determining whether such terms and conditions are being 
        complied with.
            ``(C) Technical assistance and guidance.--To the maximum 
        extent practicable, the Secretary and the heads of other 
        Federal agencies, in cooperation with the States, are 
        authorized and encouraged to provide technical assistance or 
        guidance to any State or person that is developing a multiple 
        species conservation plan under this paragraph. In providing 
        technical assistance or guidance, priority shall be given to 
        landowners that might otherwise encounter difficulty in 
        developing such a plan.
            ``(D) Deadlines.--A conservation plan developed pursuant to 
        this paragraph shall be reviewed and approved or disapproved 
        not later than 1 year after the date of submission, or within 
        such other period of time as is mutually agreeable to the 
        Secretary and the applicant.
            ``(E) State and local law.--
                    ``(i) Other species.--Nothing in this paragraph 
                shall limit the authority of a State or local 
                government with respect to fish, wildlife or plants 
                that have not been listed as an endangered species or a 
                threatened species under section 4.
                    ``(ii) Compliance.--An action by the Secretary, the 
                Attorney General, or a person under section 11(g) to 
                ensure compliance with a multiple species conservation 
                plan and permit under this paragraph may only be 
                brought against a permittee or the Secretary.
            ``(F) Effective date of permit for non-listed species.--For 
        any species not listed as an endangered species or a threatened 
        species, but covered by an approved multiple species 
        conservation plan, the permit issued under paragraph (1)(B) 
        shall take effect without further action by the Secretary at 
        the time the species is listed pursuant to section 4(c), and to 
        the extent that the taking is otherwise prohibited by 
        subparagraphs (B) or (C) of section 9(a)(1).
    ``(4) Low Effect Activities.--
            ``(A) In general.--Notwithstanding paragraph (2)(A), the 
        Secretary may issue a permit for a low effect activity 
        authorizing any taking referred to in paragraph (1)(B), if the 
        Secretary determines that the activity will have no more than a 
        negligible effect, both individually and cumulatively, on the 
        species, any taking associated with the activity will be 
        incidental, and the taking will not appreciably reduce the 
        likelihood of the survival and recovery of the species in the 
        wild. The permit shall require, to the extent appropriate, 
        actions to be taken by the permittee to offset the effects of 
        the activity on the species.
            ``(B) Applications.--The Secretary shall minimize the costs 
        of permitting to the applicant by developing, in cooperation 
        with the States, model permit applications that would 
        constitute conservation plans for low effect activities.
            ``(C) Public comment; effective date.--Upon receipt of a 
        permit application for an activity that meets the requirements 
        of subparagraph (A), the Secretary shall provide notice in a 
        newspaper of general circulation in the area of the activity 
        not later than 30 days after receipt and an opportunity for 
        comment on the permit. If the Secretary does not receive 
        significant adverse comment within 30 days of the notice, the 
        permit shall take effect without further action by the 
        Secretary 45 days after the notice is published.
    ``(5) No surprises.--
            ``(A) In general.--Each conservation plan developed under 
        this subsection shall include a no surprises provision, as 
        described in this paragraph.
            ``(B) No surprises.--A person who has entered into, and is 
        in compliance with, a conservation plan under this subsection 
        may not be required to undertake any additional mitigation 
        measures for species covered by such plan if such measures 
        would require the payment of additional money, or the adoption 
        of additional use, development or management restrictions on 
        any land, waters or water-related rights that would otherwise 
        be available under the terms of the plan without the consent of 
        the permittee. The Secretary and the applicant, by the terms of 
        the conservation plan, shall identify--
                    ``(i) other modifications to the plan; or
                    ``(ii) other additional measures,
        if any, that the Secretary may require under extraordinary 
        circumstances.
    ``(6) Permit revocation.--After notice and an opportunity for 
correction, as appropriate, the Secretary shall revoke a permit issued 
under this subsection if the Secretary finds that the permittee is not 
complying with the terms and conditions of the permit or the 
conservation plan.''.
    (d) Candidate Conservation Agreements.--
            (1) Permits.--Section 10(a)(1) (16 U.S.C. 1539(a)(1)) is 
        amended by--
                    (A) deleting ``or'' at the end of subparagraph (A);
                    (B) striking the period at the end of subparagraph 
                (B) and inserting ``; or''; and
                    (C) adding the following subparagraph at the end--
                    ``(C) any taking incidental to, and not the purpose 
                of, the carrying out of an otherwise lawful activity 
                pursuant to a candidate conservation agreement.''.
            (2) Agreements.--Section 10 (16 U.S.C. 1539) is amended by 
        adding at the end thereof the following:
    ``(k) Candidate Conservation Agreements.--
            ``(1) In general.--At the request of any non-Federal 
        person, the Secretary may enter into a candidate conservation 
        agreement with that person for a species that has been proposed 
        for listing under section 4(c)(1), is a candidate species, or 
        is likely to become a candidate species in the near future on 
        property owned or under the jurisdiction of the person 
        requesting such an agreement.
            ``(2) Review by the secretary.--
                    ``(A) Submission to the secretary.--A non-Federal 
                person may submit a candidate conservation agreement 
                developed under paragraph (1) to the Secretary for 
                review at any time prior to the listing described in 
                section 4(c)(1) of a species that is the subject of the 
                agreement.
                    ``(B) Criteria for approval.--The Secretary may 
                approve an agreement and issue a permit under 
                subsection (a)(1)(C) for the agreement if, after notice 
                and opportunity for public comment, the Secretary finds 
                that--
                            ``(i) for species proposed for listing, 
                        candidates for listing, or species that are 
                        likely to become a candidate species in the 
                        near future, that are included in the 
                        agreement, the actions taken under the 
                        agreement, if undertaken by all similarly 
                        situated persons, would produce a conservation 
                        benefit that would be likely to eliminate the 
                        need to list the species under section 4(c) as 
                        a result of the activities of those persons 
                        during the duration of the agreement;
                            ``(ii) the actions taken under the 
                        agreement will not adversely affect an 
                        endangered species or a threatened species;
                            ``(iii) the agreement contains such other 
                        measures that the Secretary may require as 
                        being necessary or appropriate for the purposes 
                        of the agreement;
                            ``(iv) the person will ensure adequate 
                        funding to implement the agreement; and
                            ``(v) the agreement includes such 
                        monitoring and reporting requirements as the 
                        Secretary deems necessary for determining 
                        whether the terms and conditions of the 
                        agreement are being complied with.
            ``(3) Effective date of permit.--A permit issued under 
        subsection (a)(1)(C) shall take effect at the time the species 
        is listed pursuant to section 4(c), provided that the permittee 
        is in full compliance with the terms and conditions of the 
        agreement.
            ``(4) Assurances.--A person who has entered into a 
        candidate conservation agreement under this subsection, and is 
        in compliance with the agreement, may not be required to 
        undertake any additional measures for species covered by such 
        agreement if such measures would require the payment of 
        additional money, or the adoption of additional use, 
        development or management restrictions on any land, waters, or 
        water-related rights that would otherwise be available under 
        the terms of the agreement without the consent of the person 
        entering into the agreement. The Secretary and the person 
        entering into a candidate conservation agreement, by the terms 
        of the agreement, shall identify--
                    ``(A) other modifications to the agreements; or
                    ``(B) other additional measures,
        if any, that the Secretary may require under extraordinary 
        circumstance.
    (e) Public Notice.--Section 10(c) (16 U.S.C. 1539(c)) is amended 
by--
            (1) striking ``thirty'' each place that it appears and 
        inserting in lieu thereof ``60''; and
            (2) inserting before the final sentence the following: 
        ``The Secretary may, with approval of the applicant, provide an 
        opportunity, as early as practicable, for public participation 
        in the development of a multiple species conservation plan and 
        permit application. If a multiple species conservation plan and 
        permit application has been developed without the opportunity 
        for public participation, the Secretary shall extend the public 
        comment period for an additional 30 days for interested parties 
        to submit written data, views, or arguments on the plan and 
        application.''.
    (f) Safe Harbor Agreements.--Section 10 (16 U.S.C. 1539) is amended 
by adding at the end thereof the following new subsection:
    ``(l) Safe Harbor Agreements.--
            ``(1) Agreements.--
                    ``(A) In general.--The Secretary may enter into 
                agreements with non-Federal persons to benefit the 
                conservation of endangered species or threatened 
                species by creating, restoring, or improving habitat or 
                by maintaining currently unoccupied habitat for 
                endangered species or threatened species. Under an 
                agreement, the Secretary shall permit the person to 
                take endangered species or threatened species included 
                under the agreement on lands or waters that are subject 
                to the agreement if the taking is incidental to, and 
                not the purpose of, carrying out of an otherwise lawful 
                activity, provided that the Secretary may not permit 
                through such agreements any incidental take below the 
                baseline requirement specified pursuant to subparagraph 
                (B).
                    ``(B) Baseline.--For each agreement under this 
                subsection, the Secretary shall establish a baseline 
                requirement that is mutually agreed upon by the 
                applicant and the Secretary at the time of the 
                agreement that will, at a minimum, maintain existing 
                conditions for the species covered by the agreement on 
                lands and waters that are subject to the agreement. The 
                baseline may be expressed in terms of the abundance or 
                distribution of endangered or threatened species, 
                quantity or quality of habitat, or such other 
                indicators as appropriate.
            ``(2) Standards and guidelines.--the Secretary shall issue 
        standards and guidelines for the development and approval of 
        safe harbor agreements in accordance with this subsection.
            ``(3) Financial assistance.--
                    ``(A) In general.--In cooperation with the States 
                and subject to the availability of appropriations under 
                section 15(d), the Secretary may provide a grant of up 
                to $10,000 to any individual private landowner to 
                assist the landowner in carrying out a safe harbor 
                agreement under this subsection.
                    ``(B) Prohibition on assistance for required 
                activities.--The Secretary may not provide assistance 
                under this paragraph for any action that is required by 
                a permit issued under this Act or that is otherwise 
                required under this Act or other Federal law.
                    ``(C) Other payments.--Grants provided to an 
                individual private landowner under this paragraph shall 
                be in addition to, and not affect, the total amount of 
                payments that the landowner is otherwise eligible to 
                receive under the Conservation Reserve Program (16 
                U.S.C. 3831 et seq.), the Wetlands Reserve Program (16 
                U.S.C. 3837 et seq.), or the Wildlife Habitat 
                Incentives Program (16 U.S.C. 3836a).''.
    (g) Habitat Reserve Agreements.--Section 10 (16 U.S.C. 1539) is 
amended by adding at the end thereof the following new subsection:
    ``(m) Habitat Reserve Agreements.--
            ``(1) Program.--The Secretary shall establish a habitat 
        reserve program to be implemented through contracts or 
        easements of a mutually agreed upon duration to assist non-
        Federal property owners to preserve and mange suitable habitat 
        for endangered species and threatened species.
            ``(2) Agreements.--The Secretary may enter into a habitat 
        reserve agreement with a non-Federal property owner to protect, 
        manage or enhance suitable habitat on private property for the 
        benefit of endangered species or threatened species. Under an 
        agreement, the Secretary shall make payments in an agreed upon 
        amount to the property owner for carrying out the terms of the 
        habitat reserve agreement, provided that the activities 
        undertaken pursuant to the agreement are not otherwise required 
        by this Act.
            ``(3) Standards and guidelines.--The Secretary shall issue 
        standards and guidelines for the development and approval of 
        habitat reserve agreements in accordance with this subsection. 
        Agreements shall, at a minimum, specify the management 
        measures, if any, that the property owner will implement for 
        the benefit of endangered species or threatened species, the 
        conditions under which the property may be used, the nature and 
        schedule for any payments agreed upon by the parties to the 
        agreement, and the duration of the agreement.
            ``(4) Payments.--Any payment received by a property owner 
        under a habitat reserve agreement shall be in addition to and 
        shall not affect the total amount of payments that the property 
        owner is otherwise entitled to receive under the Agricultural 
        Act of 1949 (7 U.S.C. 1421 et seq.), as amended by the Federal 
        Agriculture Improvement and Reform Act of 1996.
            ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary of Interior 
        $10,000,000 and the Secretary of Commerce $5,000,000 for each 
        of fiscal years 1998 through 2003 to assist non-Federal 
        property owners to carry out the terms of habitat reserve 
        programs under this subsection.''.
    (h) Habitat Conservation Planning Fund.--Section 10(a) (16 U.S.C. 
1539(a)) is further amended by adding at the end thereof the following 
new paragraph:
    ``(7) Habitat conservation planning fund.--
            ``(A) Establishment.--There is established in the Treasury 
        of the United States a revolving fund, to be known as the 
        `Habitat Conservation Planning Fund', to be used in carrying 
        out this subsection (referred to in this paragraph as the 
        `Fund'), consisting of--
                    ``(i) amounts made available under section 15(f);
                    ``(ii) repayments of advances from the Fund under 
                subparagraph (C); and
                    ``(iii) any interest earned on investment of 
                amounts in the Fund under subparagraph (D).
            ``(B) Expenditures from fund.--
                    ``(i) In general.--On request by the Secretary, the 
                Secretary of the Treasury shall transfer from the Fund 
                to the Secretary such amounts as the Secretary 
                determines necessary to make interest-fire advances 
                under clause (ii).
                    ``(ii) Authority to make grants and advances.--The 
                Secretary may make an interest-free advance from the 
                Fund to any State, county, municipality, or other 
                political subdivision of a State to assist in the 
                development of a conservation plan under this 
                subsection. The amount of the advance under this clause 
                may not exceed the total financial contribution of the 
                other parties participating in the development of the 
                plan.
                    ``(iii) Criteria for advances.--In determining 
                whether to make an advance from the Fund, the Secretary 
                shall consider--
                            ``(I) the number of species covered by the 
                        plan;
                            ``(II) the extent to which there is a 
                        commitment to participate in the planning 
                        process from a diversity of interests 
                        (including local governmental, business, 
                        environmental, and landowner interests);
                            ``(III) the likely benefits of the plan;
                            ``(IV) such other factors as the Secretary 
                        considers appropriate.
            ``(C) Repayments of advances from the fund.--
                    ``(i) In general.--Except as provided in clause 
                (ii) amounts advanced from the Fund shall be repaid not 
                later than 10 years after the date of the advance.
                    ``(ii) Accelerated repayment.--Amounts advanced 
                from the Fund shall be repaid--
                            ``(I) not later than 4 years after the date 
                        of the advance if no conservation plan is 
                        developed within 3 years of the date of the 
                        advance; or
                            ``(II) not later than 5 years after the 
                        date of the advance if no permit is issued 
                        under paragraph (1)(B) with respect to the 
                        conservation plan within 4 years of the date of 
                        the advance.
                    ``(iii) Crediting of repayments.--Amounts received 
                by the United States as repayment of advances from the 
                Fund shall be credited to the Fund and made available 
                for further advances in accordance with this paragraph 
                without further appropriation.
            ``(D) Investment of fund balance.--
                    ``(i) In general.--The Secretary of the Treasury 
                shall invest such portion of the Fund as is not, in the 
                judgment of the Secretary, required to meet current 
                withdrawals. Investments may be made only in interest-
                bearing obligations of the United States.
                    ``(ii) Acquisition of obligations.--For the purpose 
                of investments under clause (i), obligations may be 
                acquired--
                            ``(I) on original issue at the issue price; 
                        or
                            ``(II) by purchase of outstanding 
                        obligations at the market price.
                    ``(iii) Sale of obligations.--Any obligation 
                acquired by the Fund may be sold by the Secretary of 
                the Treasury at market price.
                    ``(iv) Credits to the fund.--The interest on, and 
                the proceeds from the sale or redemption of, any 
                obligations held in the Fund shall be credited to and 
                form a part of the Fund.
            ``(E) Transfers of amounts.--
                    ``(i) In general.--The amounts required to be 
                transferred to the Fund under this paragraph shall be 
                transferred at least monthly from the general fund of 
                the Treasury to the Fund on the basis of estimates made 
                by the Secretary of the Treasury.
                    ``(ii) Adjustments.--Proper adjustments shall be 
                made in amounts subsequently transferred to the extent 
                prior estimates were in excess of or less than the 
                amounts required to be transferred.''.
    (i) Effect on Permits and Proposed Plans.--No amendment made by 
this section shall be interpreted to require the modification of--
            (1) a permit issued under section 10 of the Endangered 
        Species Act (16 U.S.C. 1539); or
            (2) a conservation plan submitted for approval pursuant to 
        such section prior to the date of enactment of this Act.
    (j) Rule-making.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall, after consultation with the States 
and notice and opportunity for public comment, publish final 
regulations implementing the provisions of section 10(a) of the 
Endangered Species Act (16 U.S.C. 1539(a)), as amended by this section.
    (k) NAS Report.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall enter into appropriate arrangements 
with the National Academy of Sciences to conduct a review of and 
prepare a report on the development and implementation of conservation 
plans under section 10(a) of the Endangered Species Act (16 U.S.C. 1531 
et seq.). The report shall assess the extent to which those plans 
comply with the requirements of that Act, the role of multiple species 
conservation plans in preventing the need to list species covered by 
those plans, and the relationship of conservation plans for listed 
species to implementation of recovery plans. The report shall be 
transmitted to the Congress not later than 5 years after the date of 
enactment of this Act.

SEC. 6. ENFORCEMENT.

    (a) Enforcement for Incidental Take.--Section 11 (16 U.S.C. 1540) 
is amended by adding after subsection (g) the following new subsection 
and redesignating the subsequent subsection accordingly:
    ``(h) Incidental Take.--In any action under subsection (a), (b), or 
(e)(6) of this section against any person for an alleged take 
incidental to the carrying out of an otherwise lawful activity, the 
Secretary or the Attorney General must establish, using scientifically 
valid principles, that the acts of such person have caused, or will 
cause, the take, of--
            ``(1) an endangered species, or
            ``(2) a threatened species the take of which is prohibited 
        pursuant to a regulation under section 4(d).''.
    (b) Citizen Suit for Incidental Take.--Section 11(g) (16 U.S.C. 
1540(g)) is amended by adding the following new paragraph after 
paragraph (2) and redesignating the subsequent paragraphs accordingly:
    ``(3) Incidental take.--In any suit under this subsection against 
any person for an alleged take incidental to the carrying out of an 
otherwise lawful activity, the person commencing the suit must 
establish, using scientifically valid principles, that the acts of the 
person alleged to be in violation of section 9(a)(1) have caused, or 
will cause, the take, of--
            ``(1) an endangered species, or
            ``(2) a threatened species the take of which is prohibited 
        pursuant to a regulation under section 4(d).''.

SEC. 7. EDUCATION AND TECHNICAL ASSISTANCE.

    (a) In General.--Section 13 (16 U.S.C. 1542) is amended to read as 
follows:

      ``property owners education and technical assistance program

    ``Sec. 13. (a) In General.--In cooperation with the States, the 
Secretary shall develop and implement a private landowners education 
and technical assistance program to--
            ``(1) inform the public about this Act;
            ``(2) respond to requests for technical assistance from 
        property owners interested in conserving species listed or 
        proposed for listing under section 4(c)(1) and candidate 
        species on the land of the landowners; and
            ``(3) recognize exemplary efforts to conserve species on 
        private land.
    ``(b) Elements of the Program.--Under the program, the Secretary 
shall--
            ``(1) publish educational materials and conduct workshops 
        for property owners and other members of the public on the role 
        of this Act in conserving endangered species and threatened 
        species, the principal mechanisms of this Act for achieving 
        species recovery, and potential sources of technical and 
        financial assistance;
            ``(2) assist field offices in providing timely advice to 
        property owners on how to comply with this Act;
            ``(3) provide technical assistance to State and local 
        governments and property owners interested in developing and 
        implementing recovery plan implementation agreements, 
        conservation plans, and safe harbor agreements;
            ``(4) serve as a focal point for questions, requests, and 
        suggestions from property owners and local governments 
        concerning policies and actions of the Secretary in the 
        implementation of this Act;
            ``(5) provide training for Federal personnel responsible 
        for implementing this Act on concerns of property owners, to 
        avoid unnecessary conflicts, and improving implementation of 
        this Act on private land; and
            ``(6) nominate for national recognition by the Secretary 
        property owners that are exemplary managers of land for the 
        benefit of species listed or proposed for listing under section 
        4(c)(1) or candidate species.''.
    (b) Conforming Amendment.--The table of contents in the first 
section is amended by striking the item related to section 13 and 
inserting the following:

``Sec. 13. Private landowners education and technical assistance 
                            program.''.
    (c) Effect on Prior Amendments.--Nothing in this section or the 
amendments made by this section affects the amendments made by section 
13 of the Endangered Species Act of 1973 (87 State. 902), as in effect 
on the day before the date of enactment of this Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 15(a) (16 U.S.C. 1542(a)) is amended--
            (1) in paragraph (1), by striking ``and $41,500,000 for 
        fiscal year 1992'' and inserting ``$41,500,000 for fiscal year 
        1992, $135,000,000 for fiscal year 1998, $150,000,000 for 
        fiscal year 1999, and $165,000,000 for each of fiscal years 
        2000 through 2003'';
            (2) in paragraph (2), by striking ``and $6,750,000'' and 
        inserting ``$6,750,000''; and inserting ``,$50,000,000 for 
        fiscal year 1998, $60,000,000 for fiscal year 1999, and 
        $70,000,000 for each of fiscal years 2000 through 2003'' after 
        ``and 1992''; and
            (3) in paragraph (3), by striking ``and $2,600,000'' and 
        inserting $2,600,000''; and inserting ``, and $4,000,000 for 
        each of fiscal years 1998 through 2003'' after ``and 1992''.
    (b) Exemptions From Act.--Section 15(b) (16 U.S.C. 1542(b)) is 
amended by inserting ``and $625,000 for each of fiscal years 1998 
through 2003'' after ``and 1992''.
    (c) Convention Implementation.--Section 15(c) (16 U.S.C. 1542(c)) 
is amended by striking ``and $500,000'' and inserting $500,000,'' and 
by inserting ``and $1,000,000 for each fiscal year 1998 through 2003'' 
after ``and 1992,''.
    (d) Additional Authorizations.--Section 15 (16 U.S.C. 1542) is 
further amended by adding the following at the end:
    ``(d) Financial Assistance for Safe Harbor Agreements.--There are 
authorized to be appropriated to the Secretary of the Interior 
$10,000,000 and the Secretary of Commerce $5,000,000 for each of fiscal 
years 1998 through 2003 to carry out section 10(l).
    ``(e) Habitat Conservation Planning Fund.--There are authorized to 
be appropriated to the Habitat Conservation Planning Fund established 
by section 10(a)(7) $10,000,000 for each of fiscal years 1998 through 
2000 and $5,000,000 for each of fiscal years 2001 and 2002 to assist in 
the development of conservation plans.
    ``(f) Financial Assistance for Recovery Plan Implementation.--There 
are authorized to be appropriated to the Secretary of Interior 
$30,000,000 and the Secretary of Commerce $15,000,000 for each of the 
fiscal years 1998 through 2003 to carry out section 5(l)(4).
    ``(g) Availability.--Amounts made available under this section 
shall remain available until expended.
    ``(h) Limitation on Use of Funds.--Of the funds made available to 
carry out section 5 for any fiscal year, not less than $32,000,000 
shall be available to the Secretary of Interior and not less than 
$13,500,000 to the Secretary of Commerce to implement actions to 
recover listed species. Of the funds made available to the Secretary of 
Interior and the Secretary of Commerce in each fiscal year to list 
species, the Secretary of Interior and the Secretary of Commerce shall 
use not less than 10% of those funds in each fiscal year for delisting 
species. If any of the funds made available by the previous sentence 
are not needed in that fiscal year for delisting eligible species, 
those funds shall be available for listing.''.
    (e) Assistance to States for Conservation Activities.--Section 6(i) 
(16 U.S.C. 1535(i)) is amended by adding at the end the following:
    ``(3) Assistance to states for conservation activities.--There are 
authorized to be appropriated to the Secretary such sums as are 
necessary for each of fiscal years 1998 through 2003 to provide 
financial assistance to State agencies to carry out conservation 
activities under other sections of this Act, including the provision of 
technical assistance for the development and implementation of recovery 
plans.''.

SEC. 9. OTHER AMENDMENTS.

    (a) Definitions.--
            (1) Candidate species.--Section 3 is amended by inserting 
        the following paragraph after paragraph (1) and redesignating 
        the subsequent paragraphs accordingly:
            ``(2) Candidate species.--The term `candidate species' 
        means a species for which the Secretary has on file sufficient 
        information on biological vulnerability and threats to support 
        a proposal to list the species as an endangered species or a 
        threatened species, but for which listing is precluded because 
        of pending proposals to list species that are of a higher 
        priority. This definition shall not apply to any species 
        defined as a `candidate species' by the Secretary of Commerce 
        prior to the date of enactment of the Endangered Species 
        Recovery Act of 1997.''.
            (2) In cooperation with the states.--Section 3 (16 U.S.C. 
        1532) is amended by inserting the following paragraph after 
        paragraph (11) (as redesignated by this subsection):
            ``(12) In cooperation with the states.--The term `in 
        cooperation with the States' means a process in which--
                    ``(A) the State agency in each of the affected 
                States, or the State agency's representative, is given 
                an opportunity to participate in a meaningful and 
                timely manner in the development of the standards, 
                guidelines, and regulations to implement the applicable 
                provisions of this Act; and
                    ``(B) the Secretary carefully considers all 
                substantive concerns raised by the State agency, or the 
                State agency's representative, and, to the maximum 
                extent practicable consistent with this Act, 
                incorporates their suggestions and recommendations, 
                while retaining final decision making authority.''.
            (3) Rural area.--Section 3 (16 U.S.C. 1532) is amended by 
        inserting the following new paragraph after paragraph (16) 
        (redesignated by this subsection and section 4(a)) and 
        redesignating the subsequent paragraphs accordingly:
            ``(17) Rural area.--The term `rural area' means a county or 
        unincorporated area that has no city or town that has a 
        population of more than 10,000 inhabitants.''.
            (4) Commonwealth of the northern mariana islands.--Section 
        3(20) (16 U.S.C. 1532(18)) (as redesignated by this subsection 
        and section 4(a)) is amended by striking ``Trust Territories of 
        the Pacific Islands'' and inserting ``Commonwealth of the 
        Northern Mariana Islands''.
    (b) Findings, Purposes, and Policy.--Section 2(a)(3) (16 U.S.C. 
1531(a)(3)) is amended by inserting ``commercial,'' after 
``recreational,''.
    (c) No Take Agreements.--Section 9 (16 U.S.C. 1538) is amended by 
adding at the end thereof the following new subsection:
    ``(h) No Take Agreements.--The Secretary and a non-Federal property 
owner may, at the request of the property owner, enter into an 
agreement identifying activities of the property owner that will not 
result in a violation of the prohibitions of paragraphs (1)(B), (1)(C), 
and (2)(B) of section 9(a). The Secretary shall respond to a request 
for an agreement submitted by a property owner within 90 days of 
receipt.''.
    (d) Conforming Amendments.--
            (1) Title.--The title of section 10 (16 U.S.C. 1539) is 
        amended to read as follows:

               ``conservation measures and exceptions''.

            (2) Table of contents.--The table of contents in the first 
        section of the Act is amended with respect to the item relating 
        to section 10 to read as follows:

``Sec. 10. Conservation measures and exceptions.''.
                                 <all>