[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3160 Reported in House (RH)]






                                                 Union Calendar No. 590
106th CONGRESS
  2d Session
                                H. R. 3160

                         [Report No. 106-1013]

      To reauthorize and amend the Endangered Species Act of 1973.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 27, 1999

 Mr. Young of Alaska (for himself, Mr. Pombo, Mr. Tauzin, Mr. Hansen, 
Mr. Calvert, Mr. Thomas, Mr. Doolittle, Mr. Radanovich, Mr. Baker, Mr. 
 Skeen, Mrs. Bono, Mr. Lewis of California, Mr. Walden of Oregon, Mrs. 
  Cubin, Mr. Schaffer, Mr. Taylor of North Carolina, Mr. Hastings of 
Washington, Mr. Hunter, Mr. Gary Miller of California, Mr. Watkins, Mr. 
  Tancredo, Mr. Bachus, Mr. Simpson, Mr. Herger, Mr. Cunningham, Mr. 
    Peterson of Pennsylvania, Mr. DeLay, Mr. Gibbons, Mr. Lucas of 
   Oklahoma, Mr. John, Mr. Bonilla, and Mr. Packard) introduced the 
    following bill; which was referred to the Committee on Resources

                            October 26, 2000

Additional sponsors: Mr. Hayworth, Mr. Cannon, Mr. Barrett of Nebraska, 
  Mr. Terry, Mr. Stearns, Mr. Stump, Mr. Thornberry, Mr. Duncan, Mr. 
                   Nethercutt, and Mr. Brady of Texas

                            October 26, 2000

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
      To reauthorize and amend the Endangered Species Act of 1973.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. References to Endangered Species Act of 1973.
   TITLE I--IMPROVING SCIENTIFIC INTEGRITY OF LISTING DECISIONS AND 
                               PROCEDURES

Sec. 101. Improving the validity and credibility of decisions.
Sec. 102. Peer review.
Sec. 103. Making data public.
Sec. 104. Judicial review.
Sec. 105. State consultation on final determination.
Sec. 106. Determinations by the Secretary to delist.
Sec. 107. Cooperation with the States.
         TITLE II--COMPLYING WITH ALL FEDERAL LAWS AND MISSIONS

Sec. 201. Balancing ESA with other laws and missions.
Sec. 202. Actions not requiring consultation and conferencing.
Sec. 203. Eliminating the exemption committee.
                 TITLE III--PERMITTING AND ENFORCEMENT

Sec. 301. Protecting public health and safety.
Sec. 302. Intervention in citizen suits.
Sec. 303. Incidental take permits.
Sec. 304. Safe harbor agreements.
                      TITLE IV--RECOVERY PLANNING

Sec. 401. Recovery planning.
                         TITLE V--MISCELLANEOUS

Sec. 501. Authorizing increased appropriations.

SEC. 2. REFERENCES TO ENDANGERED SPECIES ACT OF 1973.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to such section or other provision of the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.).

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

SEC. 101. IMPROVING THE VALIDITY AND CREDIBILITY OF DECISIONS.

    (a) Bases Listings; Use of Credible Science.--Section 4 (16 U.S.C. 
1533) is amended--
            (1) by amending subsection (a)(1)(D) to read as follows:
            ``(D) the inadequacy of existing Federal, State, and local 
        government regulatory mechanisms or other proactive 
        conservation programs or measures, including programs and 
        measures voluntarily undertaken;'';
            (2) by striking paragraph (3) of subsection (a); and
            (3) in subsection (b), by amending so much as precedes 
        paragraph (3) to read as follows:
    ``(b) Secretarial Determinations.--
            ``(1) Basis for determination.--(A) The Secretary shall 
        make determinations required by subsection (a)(1) solely on the 
        basis of the best scientific and commercial data available to 
        the Secretary after conducting a review of the status of the 
        species and after soliciting and fully considering the best 
        scientific and commercial data available concerning the status 
        of a species from any affected State or any interested non-
        Federal person, and taking into account those efforts being 
        made by any State or foreign nation, any political subdivision 
        of a State or foreign nation, or any non-Federal person or 
        conservation organization, to protect such species, whether by 
        predator control, protection of habitat and food supply, or 
        other conservation practices, within any area under its 
        jurisdiction, or on the high seas, and shall accord greater 
        weight, consideration, and preference to empirical data rather 
        than projections or other extrapolations developed through 
        modeling.
            ``(B) In carrying out this section, the Secretary shall 
        give consideration to species which have been--
                    ``(i) designated as requiring protection from 
                unrestricted commerce by any foreign nation, or 
                pursuant to any international agreement; or
                    ``(ii) identified as in danger of extinction, or as 
                likely to become so within the foreseeable future, by 
                any State agency or by any agency of a foreign nation 
                that is responsible for the conservation of fish or 
                wildlife or plants.
            ``(C) In making a determination whether a species is an 
        endangered species or threatened species under this section, 
        the Secretary shall consider the future conservation benefits 
        to be provided to the species under any species conservation 
        plans prepared pursuant to section 10 or to any management 
        agreement entered into under section 6 or under any other 
        agreement for the conservation of any species entered into 
        between the Secretary and any other person.
            ``(2) Standards for determining species.--Within 18 months 
        after the date of the enactment of the Common Sense Protections 
        for Endangered Species Act, the Secretary shall promulgate a 
        rule establishing scientifically valid standards for rendering 
        taxonomic determinations of species and subspecies. The 
        standards shall provide that to be eligible for determination 
        as a subspecies under this Act, a subspecies must be 
        reproductively isolated from other subspecific population units 
        and constitute an important component in the evolutionary 
        legacy of the species.''.
    (b) Listing and Delisting.--
            (1) Response to petitions.--Section 4(b)(3) (16 U.S.C. 
        1533(b)(3)) is amended to read as follows:
            ``(3) Response to petitions.--
                    ``(A) Action may be warranted.--
                            ``(i) In general.--Consistent with the 
                        ranking system established by the Secretary 
                        under subsection (h)(3) and to the maximum 
                        extent practicable, 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 the status of a 
                                species from a previous determination 
                                with respect to;
                        either of the lists published under subsection 
                        (c), the Secretary shall immediately publish in 
                        the Federal Register a notice of receipt of the 
                        petition and 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) scientific documentation from 
                                a published scientific source that the 
                                fish or wildlife or plant that is the 
                                subject of the petition is a species;
                                    ``(II) a description of all 
                                available data on the historical and 
                                current range, population, and 
                                distribution of the species, an 
                                explanation of the methodology used to 
                                collect the data, and an identification 
                                of the location where the data can be 
                                reviewed;
                                    ``(III) scientific evidence that 
                                the population of the species is 
                                declining or has declined from historic 
                                population levels and beyond normal 
                                population fluctuations for the 
                                species;
                                    ``(IV) an appraisal of the 
                                available data on the threats to the 
                                species or the causes of its decline;
                                    ``(V) an identification of the 
                                information contained or referred to in 
                                the petition that has been peer-
                                reviewed or field-tested;
                                    ``(VI) the reason that the 
                                petitioned action is warranted, based 
                                on the factors established under 
                                subsection (a);
                                    ``(VII) a bibliography of 
                                scientific literature on the species, 
                                if any, in support of the petition;
                                    ``(VIII) the qualifications of any 
                                person cited in the petition as an 
                                expert on the species or the status of 
                                the species; and
                                    ``(IX) at least one study or 
                                credible expert opinion, by a person 
                                who is not affiliated with the 
                                petitioner, to support the action 
                                requested in the petition.
                            ``(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 Governor 
                                of each State in which the species is 
                                believed to occur and to affected 
                                tribes, and shall solicit the advice of 
                                each such Governor and tribe as to 
                                whether the petitioned action is 
                                warranted. Such advice shall be 
                                submitted to the Secretary not later 
                                than 90 days after the notification.
                                    ``(II) Peer review of certain 
                                determinations.--If the Secretary's 
                                determination that the petitioned 
                                action is warranted is in direct 
                                conflict with the information submitted 
                                by the Governor or tribe, the finding 
                                shall not be final until the Secretary 
                                submits the finding to peer review as 
                                provided in subsection (f). The peer 
                                reviewers shall have not more than 30 
                                days to submit their findings and 
                                comments to the Secretary. If the peer 
                                reviewers and the Secretary find that 
                                the petition is warranted, the 
                                Secretary shall prepare a record of 
                                decision and shall submit the record to 
                                the Governor or tribe. Issuance of such 
                                record shall be final agency action for 
                                purposes of chapter 7 of title 5, 
                                United States Code (relating to 
                                judicial review).
                    ``(B) Petition to change status or delist.--A 
                petition may be submitted to the Secretary under 
                subparagraph (A) to change the status of a species 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 under 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 indicate 
                                that removal is appropriate;
                                    ``(II) the species is extinct;
                                    ``(III) the recovery goals 
                                established for the species in a 
                                recovery plan adopted under section 5 
                                have been achieved; or
                                    ``(IV) the original listing of the 
                                species was not subject to adequate 
                                peer review as required by this Act.
                    ``(C) Determination.--Not later than the end of the 
                1-year period beginning on the date the Secretary 
                receives 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, 
                        within 45 days after making the determination 
                        and before issuing any proposed rule to 
                        implement the determination, publish in the 
                        Federal Register a notice of a review of the 
                        status of the species that includes a 
                        description of the following:
                                    ``(I) Any missing data that, if 
                                obtained, would support the 
                                determination.
                                    ``(II) Data that are necessary to 
                                make the determination and that can be 
                                collected within the period available 
                                for making the determination.
                                    ``(III) Data that may be necessary 
                                in the future to ensure the continued 
                                validity of the determination, and the 
                                deadline or deadlines for collecting 
                                that data.
                            ``(iii) Warranted but precluded.--The 
                        petitioned action is warranted, but--
                                    ``(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 this 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) Public meetings.--If requested by any person 
                within 30 days after the date of publication of a 
                finding under subparagraph (C) regarding a species, the 
                Secretary shall conduct at least one public meeting on 
                the finding in each State in which the species is 
                believed to occur and a person making such a request 
                resides. Public meetings in a State under this clause 
                shall include--
                            ``(i) a public meeting at a location that 
                        is as centrally located as possible to the 
                        areas in the State believed by the Secretary to 
                        be habitat of the species; and
                            ``(ii) at least one public meeting in each 
                        rural area of the State that the Governor of 
                        the State determines is affected by the 
                        determination.
                    ``(E) 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 the finding and that presents substantial 
                scientific or commercial information that the 
                petitioned action may be warranted.
                    ``(F) Judicial review.--(i) Any negative finding 
                described in subparagraph (A)(i) and any finding 
                described in clause (i) or (iii) of subparagraph (C) 
                shall be subject to judicial review. In any suit for 
                review brought under this paragraph, any person may 
                intervene as a matter of right if the person can 
                demonstrate that a determination to list will have a 
                direct economic impact on such person.
                    ``(ii) In any action seeking judicial review of a 
                finding by the Secretary described in subparagraph 
                (C)(iii), the court shall give great weight to the 
                finding.
                    ``(G) Monitoring.--The Secretary shall implement a 
                system to monitor effectively the status of each 
                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 the species.
                    ``(H) Data solicitation.--(i) The Secretary shall, 
                in the one-year period referred to in subparagraph 
                (C)--
                            ``(I) solicit, through publication in the 
                        Federal Register, information regarding the 
                        status of the species that may be the subject 
                        of a proposed rule, including current 
                        population, population trends, current habitat, 
                        other State or local governmental conservation 
                        efforts, Federal conservation lands that could 
                        provide habitat for the species, food sources, 
                        predators, breeding habits, captive breeding 
                        efforts, commercial, nonprofit, avocational, or 
                        voluntary conservation activities, or other 
                        pertinent information that may assist in making 
                        the determination referred to in subsection 
(a)(1); and
                            ``(II) collect and consider the data 
                        identified and described pursuant to subclause 
                        (I).
                    ``(ii) The solicitation shall establish a time 
                period within which to submit the information, that 
                shall be not less than 180 days. The period shall be 
                extended for an additional 60 days at the request of 
                any person who submits a request for such extension 
                that includes a statement of the reasons for the 
                request. In making the determination referred to in 
                subsection (a)(1), the Secretary shall give equal 
                weight to the information submitted in accordance with 
                this subparagraph.''.
            (2) Conforming amendment.--Section 6(d)(1) (16 U.S.C. 
        1535(d)(1)) is amended in the first sentence by striking 
        ``subparagraph (C)'' and inserting ``subparagraph (G)''.
    (c) Proposed Regulations.--Section 4(b)(5) (16 U.S.C. 1533(b)(5)) 
is amended to read as follows:
            ``(5) Proposed regulations and review.--With respect to any 
        regulation proposed by the Secretary to implement a 
        determination referred to in subsection (a)(1) of this section, 
        the Secretary shall perform the following:
                    ``(A) Not later than 12 months before publishing 
                the proposed regulation, the Secretary shall--
                            ``(i) notify the Governor of each State in 
                        which the species is believed to occur and each 
                        affected tribe; and
                            ``(ii) solicit submission by each such 
                        Governor and tribe, by not later than 90 days 
                        after the notification, of advice as to whether 
                        the determination is warranted.
                    ``(B) Before publication of the proposed 
                regulation, the Secretary shall consider advice 
                received from State Governors and tribes under 
                subparagraph (A)(ii). If a Governor or tribe provides 
                scientific evidence pursuant to subparagraph (A)(ii) 
                that the determination is not warranted, the Secretary 
                may not make the determination with respect to that 
                State or on the lands of that tribe, respectively, 
                unless the Secretary shows by a preponderance of 
                scientific evidence that the information submitted by 
                the Governor or tribe is incorrect and that the 
                determination is warranted.
                    ``(C) Not less than 90 days before the effective 
                date of the regulation--
                            ``(i) publish a general notice and the 
                        complete text of the proposed regulation in the 
                        Federal Register as provided in paragraph (8); 
                        and
                            ``(ii) give actual notice of the proposed 
                        regulation (including the complete text of the 
                        regulation) to the Governor of each State in 
                        which the species is believed to occur, and 
                        invite the determination of such State as to 
                        whether the action is warranted and if the 
                        Governor notifies the Secretary that the action 
                        is not warranted, the Secretary must provide to 
                        the Governor a record of decision for such 
                        determination, including information made 
                        available to the Secretary which did not 
                        support the determination, and the written 
                        reasons for the determination.
                    ``(D) In cooperation with the Secretary of State, 
                give notice of the proposed regulation to each foreign 
                nation in which the species is believed to occur or 
                whose citizens harvest the species on the high seas, 
                and consult with such nation thereon.
                    ``(E) Give notice of the proposed regulation to any 
                person who requests such notice, any person who has 
                submitted additional data, each State and local 
                government within which the species is believed to 
                occur or which is likely to experience any effects of 
                any measures to protect the species under this Act, and 
                such professional scientific organizations as the 
                Secretary deems appropriate.
                    ``(F) Publish a summary of the proposed regulation 
                in a newspaper of general circulation in each area of 
                the United States in which the species is believed to 
                occur.
                    ``(G) At the request of any person made not later 
                than 45 days after the date of publication of general 
                notice, promptly hold at least one public meeting in 
                each State that would be affected by the proposed 
                regulation (including at least one public meeting in an 
                affected rural area, if any) except that the Secretary 
                shall not be required to hold more than five public 
                meetings under this subparagraph.
                    ``(H) Identify and include with the proposed rule a 
                description of--
                            ``(i) all data that are to be considered in 
                        making the determination under subsection 
                        (a)(1) to which the proposed rule relates and 
                        that have yet to be collected or field 
                        verified;
                            ``(ii) any data that have not been 
                        collected and considered in the determination 
                        under subsection (a)(1) to which the rule 
                        relates and that are necessary to ensure the 
                        continued scientific integrity of the 
                        determination;
                            ``(iii) deadlines by which the Secretary 
                        shall collect and consider the data in 
                        accordance with subparagraph (I);
                            ``(iv) a description of additional 
                        scientific and commercial data that would 
                        assist in the preparation of a recovery plan 
                        for the species to which the rule relates;
                            ``(v) a list of known threats to the 
                        species and a description of the types of 
                        activities that may be affected by the 
                        determination under subsection (a)(1) and any 
restriction on use of property that may result from the determination; 
and
                            ``(vi) other State, local, or Federal 
                        regulatory or conservation measures that may 
                        either at present or in the future contribute 
                        to the conservation of the species.
                    ``(I) Not later than the deadline published by the 
                Secretary pursuant to subparagraph (H)(iii), the 
                Secretary shall--
                            ``(i) collect the data;
                            ``(ii) provide an opportunity for public 
                        review and comment on the data;
                            ``(iii) consider the data after that review 
                        and comment; and
                            ``(iv) publish in the Federal Register the 
                        results of that consideration and a description 
                        of and schedule for any actions warranted by 
                        the data.''.
    (d) Final Regulations.--
            (1) Schedule.--Section 4(b)(6) (16 U.S.C. 1533(b)(6)) is 
        amended by striking ``(6)(A)'' and all that follows through the 
        end of subparagraph (A) and inserting the following:
            ``(6) Final regulations.--
                    ``(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 the 
                        withdrawal is based.''.
            (2) Conforming amendments.--Section 4(b)(6) (16 U.S.C. 
        1533(b)(6)) is amended--
                    (A) in subparagraph (B)(i), by striking ``or 
                revision'';
                    (B) in subparagraph (B)(iii), by striking ``or 
                revision concerned, a finding that the revision should 
                not be made,''; and
                    (C) by striking subparagraph (C).
    (e) Using Best Data.--Section 4(b)(8) (16 U.S.C. 1533(b)(8)) is 
amended--
            (1) by striking ``the data'' and inserting ``the best 
        scientific and commercial data available'';
            (2) by 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 nongovernmental conservation 
        efforts, or other pertinent information.''; and
            (3) by adding at the end the following new sentence: ``Each 
        regulation proposed by the Secretary to implement a 
        determination referred to in subsection (a)(1) shall be based 
        primarily and substantially on peer-reviewed scientific 
        information obtainable from any source, including governmental 
        and nongovernmental sources, that has been to the maximum 
        extent feasible verified by field testing. The Secretary shall 
        identify any data that is used as a basis for such a 
        determination and that has not been verified by field 
        testing.''.
    (f) Analysis of Economic and Social Effects.--Section 4(b) (16 
U.S.C. 1533(b)) is amended by adding at the end the following new 
paragraph:
            ``(9) Analysis of economic and social costs.--(A) 
        Concurrently with a determination that a species warrants 
        listing as an endangered species or threatened species, the 
        Secretary shall publish in the Federal Register with such 
        determination an analysis of the economic, social, and other 
        public health, safety, and welfare effects the listing may 
        have.
            ``(B) The analysis shall include--
                    ``(i) an estimate of the effects the listing may 
                have on Federal, State, and local expenditures and 
                revenues;
                    ``(ii) the costs and benefits of the listing for 
                the private sector, including lost opportunity costs; 
                and
                    ``(iii) an identification of the geographic area 
                that may be affected by the listing.''.
    (g) Definitions.--Section 3 (16 U.S.C. 1532) is amended--
            (1) by amending paragraph (20) to read as follows:
            ``(20) The term `threatened species' means any species that 
        is likely to become an endangered species within the 
        foreseeable future throughout all or a significant portion of 
        its range, and the population of which is declining or has 
        declined from known historic populations levels and beyond the 
        normal population fluctuations for the species.''; and
            (2) by adding at the end the following:
            ``(22) The term `best scientific and commercial data 
        available' means factual information, including but not limited 
        to peer-reviewed scientific information and genetic data, 
        obtainable from any source, including governmental and 
        nongovernmental sources, which has been to the maximum extent 
        feasible verified by field testing.
            ``(23) The term `species' includes any subspecies of fish 
        or wildlife or plants, and any distinct population of any 
        species of vertebrate fish or wildlife which interbreeds when 
        mature, unless such distinct population is determined to be 
        endangered or threatened under the law of the State in which it 
        is found and such law prohibits the unpermitted take of such 
        species.''.

SEC. 102. PEER REVIEW.

    Section 4(f) (16 U.S.C. 1533(f)) is amended to read as follows:
    ``(f) Peer Review Requirement.--
            ``(1) Definitions.--In this subsection:
                    ``(A) The term `action' means--
                            ``(i) the determination that a species is 
                        an endangered species or a threatened species 
                        under subsection (a);
                            ``(ii) the determination under subsection 
                        (a) that an endangered species or a threatened 
                        species be removed from any list published 
                        under subsection (c)(1);
                            ``(iii) the designation, or revision of the 
                        designation, of critical habitat for an 
                        endangered species or a threatened species 
                        under section 5(k);
                            ``(iv) the determination that a proposed 
                        action is likely to jeopardize the continued 
                        existence of a listed species and the proposal 
                        of any reasonable and prudent alternatives by 
                        the Secretary under section 7(b)(3); and
                            ``(v) the issuance of any regulation or 
                        criteria establishing specific mitigation 
                        obligations with respect to a species.
                    ``(B) The term `qualified individual' means an 
                individual with expertise in the biological sciences--
                            ``(i) who is by virtue of advanced 
                        education, training, or avocational, academic, 
                        commercial, research, or other experience 
                        competent to review the adequacy of any 
                        scientific methodology supporting the action, 
                        the validity of any conclusions drawn from the 
                        supporting data, and the competency of the 
                        individual who conducted the research or 
                        prepared the data;
                            ``(ii) who is not otherwise employed by or 
                        under contract to the Secretary or the State in 
                        which the species is located;
                            ``(iii) who has not actively participated 
                        in the prelisting or listing processes or 
                        advocated that a listing decision be made;
                            ``(iv) who has not been employed by or 
                        under contract to the Secretary or the State in 
                        which the species is located for work related 
                        to the action or species under consideration; 
                        and
                            ``(v) who has no direct financial interest, 
                        and is not employed by any person with a direct 
                        financial interest, in opposing the action 
                        under consideration.
            ``(2) List of peer reviewers.--In order to provide a 
        substantial list of individuals who on a voluntary basis are 
        available to participate in peer review of actions, the 
        Secretary shall, through the Federal Register, through 
        scientific and commercial journals, and through the National 
        Academy of Sciences and other such institutions, seek 
        nominations of persons who agree to peer review an action upon 
        appointment by the Secretary.
            ``(3) Appointment of peer reviewers.--Before any action 
        shall become final, the Secretary shall appoint, from among the 
        list prepared in accordance with paragraph (2), not more than 2 
        qualified individuals who shall review, and report to the 
        Secretary on, the scientific information and analyses on which 
        the proposed action is based. The Governor of each State in 
        which the species is located that is the subject of the 
        proposal, may appoint up to 2 qualified individuals to conduct 
        peer review of the action. If any individual declines the 
appointment, the Secretary or the Governor shall appoint another 
individual to conduct the peer review.
            ``(4) Data provided to peer reviewer.--The Secretary shall 
        make available to each person conducting peer review all 
        scientific information available regarding the species which is 
        the subject of the peer review. The Secretary shall not 
        indicate to a peer reviewer the name of any person that 
        submitted a petition for listing or delisting that is reviewed 
        by the reviewer.
            ``(5) Opinion of peer reviewers.--The peer reviewer shall 
        give his or her opinion with regard to any technical or 
        scientific deficiencies in the proposal, whether the 
        methodology and analysis supporting the petition conform to the 
        standards of the academic and scientific community, and whether 
        the proposal is supported by sufficient credible evidence.
            ``(6) Publication of peer review report.--The Secretary 
        shall publish with any final regulation implementing an action 
        a summary of the report of the peer review panel noting points 
        of disagreement between peer reviewers, if any, and the 
        response of the Secretary to the report. The report of the peer 
        reviewers shall be included in the official record of the 
        proposed action and shall be available for public review prior 
        to the close of the comment period on the regulation.''.

SEC. 103. MAKING DATA PUBLIC.

    (a) Public Data.--Section 4(b)(3) (16 U.S.C. 1533(b)(3)) is further 
amended by adding at the end the following new subparagraph:
            ``(H)(i) All data or information considered by the 
        Secretary in making the determination to list as provided in 
        this section, shall be considered public information and shall 
        be subject to section 552 of title 5, United States Code 
        (commonly referred to as the `Freedom of Information Act') 
        unless the Secretary, for good cause, determines that the 
        information must be kept confidential. The burden shall be on 
        the Secretary to prove that such information shall be 
        confidential and such decision shall be reviewable by a 
        district court of competent jurisdiction, which shall review 
        the decision in chambers. Good cause can include that the 
        information is of a proprietary nature or that release of the 
        location of the species may endanger the species further.
            ``(ii) The Secretary shall not publish or otherwise 
        publicly disclose the location of particular private property 
        as habitat for a species which is determined to be an 
        endangered species or threatened species or proposed to be 
        determined to be an endangered species or threatened species, 
        unless the Secretary first notifies the owner thereof and 
        receives the consent of the owner, or the information is 
        otherwise public information.''.
    (b) Notice of Hearings and Public Meetings.--Section 14 is amended 
to read as follows:

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

    ``(a) In General.--Except as otherwise provided by this Act, the 
Secretary shall provide notice of any hearing or public meeting at 
which public comment is accepted under this Act by publication in the 
Federal Register and in a newspaper of general circulation in the 
location of the hearing or public meeting at least 30 days prior to the 
hearing or public meeting.
    ``(b) Public Meetings.--Each public meeting held pursuant to this 
Act shall provide an opportunity for the public to make statements and 
receive information and answers, respectively, from the agency 
regarding all aspects of and questions regarding the petition or other 
matter that is the subject of the public meeting. To the maximum extent 
practicable, the Secretary shall ensure that members of the public are 
provided with the information sought at the public meeting.''.

SEC. 104. JUDICIAL REVIEW.

    Section 4 (16 U.S.C. 1533) is further amended by adding at the end 
the following new subsection:
    ``(j) Judicial Review of Determinations.--Any final determination 
that a species is a threatened species or endangered species shall be 
subject to a de novo judicial review with the court determining whether 
the decision is supported by a preponderance of the evidence.''.

SEC. 105. STATE CONSULTATION ON FINAL DETERMINATION.

    Section 4(i) (16 U.S.C. 1533(i)) is amended to read as follows:
    ``(i) Submission to State Agency of Justification for Regulations 
Inconsistent With State Agency's Comments or Petition.--If, in the case 
of any regulation proposed by the Secretary under the authority of this 
section, a Governor who consulted with the Secretary in accordance with 
subsection (b)(5)(A)(ii) files comments disagreeing with all or part of 
the proposed regulation, the Secretary shall not issue a final 
regulation that is in conflict with such comments until the Secretary 
further consults with the President. If the Secretary adopts a final 
regulation in conflict with comments made by the Governor of a State or 
fails to adopt a regulation pursuant to an action petitioned by a 
Governor under subsection (b)(3), the Secretary shall submit to the 
Governor a written justification for the failure of the Secretary to 
adopt regulations consistent with the comments or petition of the 
Governor.''.

SEC. 106. DETERMINATIONS BY THE SECRETARY TO DELIST.

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

SEC. 107. COOPERATION WITH THE STATES.

    The first sentence of section 4(h) (16 U.S.C. 1533(h)) is amended 
to read as follows: ``The Secretary shall develop in cooperation with 
the States, and publish in the Federal Register, agency guidelines to 
ensure that cooperation with the States is achieved efficiently and 
effectively.''.

         TITLE II--COMPLYING WITH ALL FEDERAL LAWS AND MISSIONS

SEC. 201. BALANCING ESA WITH OTHER LAWS AND MISSIONS.

    (a) Federal Agency Actions.--Section 7 (16 U.S.C. 1536) is 
amended--
            (1) by amending the matter preceding subsection (a)(2) to 
        read as follows:

``SEC. 7. INTERAGENCY COOPERATION.

    ``(a) Federal Agency Actions and Consultations.--
            ``(1) Programs administered by the secretary of the 
        interior.--The Secretary shall review other programs 
        administered by the Secretary and utilize such programs in 
        furtherance of the purposes of this Act. Except as provided in 
        section 5(k)(2), all other Federal agencies shall, consistent 
        with their primary missions and in consultation with and with 
        the assistance of the Secretary, utilize their authorities in 
        furtherance of the purposes of this Act by carrying out 
        programs for the conservation of endangered species and 
        threatened species listed pursuant to section 4.''; and
            (2) by adding at the end of subsection (a) the following:
            ``(5) Initiation of consultation.--A Federal agency that 
        receives a request under paragraph (3) shall initiate 
        consultation within 15 days after the date on which the request 
        is received from the permit or license applicant.
            ``(6) Demonstration by secretary required.--If the 
        Secretary asserts the applicability of section 7 to any 
        property, the Secretary shall have the responsibility of 
        demonstrating, based on the best information available at the 
        time any consultation under this subsection is initiated, 
        that--
                    ``(A) a threatened species or endangered species or 
                its respective critical habitat is located in the 
                geographic area that is the subject of the 
                consultation; and
                    ``(B) such proposed action will jeopardize the 
                continued existence of a threatened species or 
                endangered species.
            ``(7) Prohibition on opinions based on insufficient data.--
        The Secretary shall not issue an opinion under subsection (b) 
        that a proposed action will jeopardize the continued existence 
        of a threatened species or endangered species based on the 
        insufficiency of available data on the impact of a proposed 
        action on such species.
            ``(8) Effect of listing on existing plans.--
                    ``(A) Definition of action.--For the purposes of 
                this paragraph, the term `action' includes the adoption 
                of land use plans under the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1701 et seq.) and 
                land and resource management plans under the Forest and 
                Rangeland Renewable Resources Planning Act of 1974 (16 
                U.S.C. 1600 et seq.), as amended by the National Forest 
                Management Act of 1976 (16 U.S.C. 1600 (note)).
                    ``(B) Reinitiation of consultation.--Whenever a 
                determination to list a species as an endangered 
                species or a threatened species or a designation of 
                critical habitat requires reinitiation of consultation 
                on an already approved action, the consultation shall 
                commence promptly, but not later than 90 days after the 
                date of the determination or designation, and shall be 
                completed not later than 1 year after the date on which 
                the consultation is commenced. During that 1-year 
                period, the site specific actions referred to in 
                subparagraph (C) may not be enjoined under this Act 
                based on that listing.
                    ``(C) Site-specific actions during consultation.--
                Notwithstanding subsection (d), the Federal agency 
                implementing the land use plan or land and resource 
                management plan under subparagraph (B) may authorize, 
                fund, or carry out a site-specific ongoing or 
                previously scheduled action within the scope of the 
                plan on the 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, the Secretary issues or has issued a 
                        biological opinion, and the action satisfies 
                        the requirements of this section.
            ``(9) Relationship to duties under other laws.--(A) The 
        responsibilities of a Federal agency under this Act shall not 
        supersede and shall be implemented in a manner consistent with 
        duties assigned to the Federal agency by any other laws or by 
        any treaties.
            ``(B)(i) If a Federal agency determines that the 
        responsibilities and duties described in subparagraph (A) are 
        in irreconcilable conflict, the action agency shall request the 
        President to resolve the conflict.
            ``(ii) In determining a resolution to such a conflict, the 
        President shall consider and choose the course of action that 
        best meets the public interest and, to the extent possible, 
        balances pursuit of the recovery objective or the purposes of 
        the recovery plan with economic and social needs and pursuit of 
        the purposes of the other laws or treaties. The authority 
        assigned to the President by this subparagraph may not be 
        delegated to a member of the executive branch who has not been 
        confirmed by the Senate.''.
    (b) Procedures for Consultation.--Section 7(b) (16 U.S.C. 1536(b)) 
is amended--
            (1) by adding at the end of paragraph (1) the following:
            ``(C) If consultation is not concluded and the written 
        statement of the Secretary required under paragraph (3)(A) is 
        not provided to the Federal agency by the applicable deadline 
        established under this paragraph, the requirements of 
        subsection (a)(2) shall be deemed met and the Federal agency 
        may proceed with the agency action.''; and
            (2) by amending paragraph (2) to read as follows:
            ``(2) Opportunity to participate in consultations.--(A) In 
        conducting a consultation under subsection (a)(2), the 
        Secretary shall provide any person who has sought authorization 
        or funding from a Federal agency for an action that is the 
        subject of the consultation, the opportunity to--
                    ``(i) prior to the development of a draft 
                biological opinion under paragraph (3), 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 subsection 
                (a)(2);
                    ``(ii) receive information, on request, subject to 
                the exemptions specified in section 552(b) of title 5, 
                United States Code, 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 taking statements; and
                    ``(iii) receive 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.
            ``(B) If reasonable and prudent alternatives are proposed 
        by a person under subparagraph (A) and the Secretary does not 
        include the alternatives in the final biological opinion under 
paragraph (3), the Secretary shall explain, in writing, to the person 
why those alternatives were not included in the opinion.
            ``(C) Consultation under subsection (a)(3) shall be 
        concluded within such period as is agreeable to the Secretary, 
        the Federal agency, and the applicant concerned.''.
    (c) Reasonable and Prudent Alternatives.--Section 7(b)(3) (16 
U.S.C. 1536(b)(3)) is amended by adding at the end the following:
            ``(C) In the development of an opinion under this paragraph 
        with respect to public lands, the Secretary shall solicit and 
        utilize information and advice regarding those lands from the 
        Governor of each State in which the lands are located. With 
        respect to nonpublic lands, the Secretary shall solicit such 
        advice only upon the request of the affected landowner.
            ``(D) Unless required by law other than subsections (a) 
        through (d), the Secretary, in any opinion or statement under 
        this subsection concerning an agency action (including any 
        reasonable and prudent alternative suggested under subparagraph 
        (A) or any reasonable and prudent measure specified under 
        clause (ii) of paragraph (4)), and the head of the Federal 
        agency proposing the agency action, may not require, provide 
        for, or recommend the imposition of any restriction or 
        obligation on the activity of any person that is not 
        authorized, funded, carried out, or otherwise subject to 
        regulation by the Federal agency.''.
    (d) Definitions.--Section 3 (16 U.S.C. 1532) is further amended by 
adding at the end the following:
            ``(24) The term `reasonable and prudent alternative' means 
        an alternative to an agency action that--
                    ``(A) can be implemented in a manner consistent 
                with the intended purpose of the agency action or the 
                activity of a non-Federal person under section 10;
                    ``(B) can be implemented consistent with the scope 
                of the legal authority and jurisdiction of the Federal 
                agency;
                    ``(C) is economically and technologically feasible 
                for the applicant or non-Federal person to undertake;
                    ``(D) the Secretary believes would avoid being 
                likely to jeopardize the continued existence of the 
                species;
                    ``(E) does not exceed in nature, scope, and extent 
                the effect of the proposed activity that is the subject 
                of the consultation; and
                    ``(F) both prevents the agency action concerned 
                from jeopardizing the continued existence of the 
                species and imposes the least social and economic cost 
                possible.
            ``(25) The term `likely to jeopardize the continued 
        existence of', with respect to an action or activity affecting 
        an endangered species or a threatened species, means an action 
        or activity that significantly diminishes the likelihood of the 
        survival of the species by significantly reducing the numbers 
        or distribution of the entire species.''.
    (e) Restriction on New or Additional Requirements.--Section 7(b) 
(16 U.S.C. 1536(b)) is amended by adding at the end the following:
    ``(5) The Secretary shall provide to each applicant for a permit or 
license that is subject to consultation under this section a written 
statement that shall guarantee that, so long as the project at issue is 
carried out consistent with the statement issued under paragraph (4), 
the applicant shall not be subject to new or additional requirements 
for the specific protection of any species identified in the statement 
beyond the requirements set forth in the statement. All Federal 
entities shall be bound by the Secretary's guarantee.
    ``(6)(A) The Secretary shall not refuse to provide an incidental 
take statement under paragraph (4), unless the Secretary has provided 
to the agency and the permit applicant--
            ``(i) all conditions for issuance of the statement, in 
        writing; and
            ``(ii) an opportunity for the agency and the permit 
        applicant to provide a written response to the conditions.
    ``(B) Any refusal to provide an incidental take statement without 
first providing the written conditions therefore and providing an 
opportunity to respond in accordance with subparagraph (A), is deemed 
to be arbitrary and capricious.
    ``(7) The Secretary may not require any measures under subsection 
(b)(4) that exceed in nature, scope, or effect the impact of the taking 
for which the statement is issued.''.

SEC. 202. ACTIONS NOT REQUIRING CONSULTATION AND CONFERENCING.

    Section 7 is amended by adding at the end the following:
    ``(q) Actions Not Requiring Consultation and Conferencing.--
            ``(1) In general.--Consultation and conferencing under 
        paragraphs (2) and (4) of subsection (a) shall not be required 
        for any agency action that--
                    ``(A) is consistent with the provisions of a final 
                recovery plan under section 5;
                    ``(B) is consistent with a cooperative management 
                agreement under section 6 or an incidental taking 
                permit under section 10; or
                    ``(C) consists of routine operation, maintenance, 
                rehabilitation, repair, or replacement to a Federal or 
                non-Federal project or facility, including operation of 
                a project or facility in accordance with a previously 
                issued Federal license, permit, or other authorization.
            ``(2) Emergency consultations.--In response to, or to 
        prevent or minimize damage from, a natural event or other 
        emergency, consultation under subsection (a)(2) may be waived 
        by a Federal agency for the repair or maintenance of a natural 
        gas pipeline, hazardous liquid pipeline, flood control 
        facility, or electrical distribution transmission, or 
        substation facility, if the repair or maintenance is necessary 
        to address a probable imminent threat to human lives or a 
        probable and significant threat to the environment. If a 
        consultation is required by the Secretary for such repair or 
        maintenance, it shall be completed within 10 days of any 
        request by the applicant for consultation. Any measure required 
        to be taken to avoid take for an activity that is the subject 
        of such a waiver may not exceed in nature, scope, and extent 
        the effect of the activity and shall not be required prior to 
        the completion of the repair or maintenance action.
            ``(3) Actions not prohibited.--An agency action shall not 
        constitute a taking of a species prohibited by this Act or any 
        regulation issued under this Act if the action is consistent 
        with--
                    ``(A) the actions provided for in a final recovery 
                plan under section 5;
                    ``(B) a cooperative management agreement or an 
                incidental take permit; or
                    ``(C) the terms and conditions specified in a 
                written statement provided under subsection (b)(3) of 
                this section.''.

SEC. 203. ELIMINATING THE EXEMPTION COMMITTEE.

    (a) Conforming Amendments.--Section 7(c) (16 U.S.C. 1536(c)) is 
amended--
            (1) in the first full sentence by striking ``(1) To 
        facilitate'' and inserting ``To facilitate''; and
            (2) by striking paragraph (2).
    (b) Presidential Exemptions.--Section 7(e) (16 U.S.C. 1536(e)) is 
amended to read as follows:
    ``(e) Exemptions.--Notwithstanding any other provision of this 
Act--
            ``(1) the Secretary shall grant an exemption from this Act 
        for any activity if the Secretary of Defense determines that 
        the exemption of the activity is necessary for reasons of 
        national security; and
            ``(2) the President may grant an exemption from this Act 
        for any area that the President has declared to be a major 
        disaster area under The Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5121 et seq.) for any 
        project for the repair or replacement of a public facility 
        substantially as the facility existed prior to the disaster 
        under section 405 or 406 of that Act (42 U.S.C. 5171 and 5172), 
        if the President determines that the project--
                    ``(A) is necessary to prevent the recurrence of 
                such a natural disaster or to reduce the potential loss 
                of human life; and
                    ``(B) involves an emergency situation that makes 
                the application of the procedures of this Act (other 
                than this subsection) impractical.''.
    (c) Repeal.--Section 7 (16 U.S.C. 1536) is further amended--
            (1) by striking subsections (f) through (n) and subsection 
        (p);
            (2) in subsection (o)--
                    (A) by striking the heading and inserting the 
                following: ``Exception for Taking in Accordance With 
                Statement.--''; and
                    (B) by striking ``such section--'' and all that 
                follows through ``(2) any taking'' and inserting ``such 
                section, any taking''; and
            (3) by redesignating subsection (o) as subsection (f).

                 TITLE III--PERMITTING AND ENFORCEMENT

SEC. 301. PROTECTING PUBLIC HEALTH AND SAFETY.

    (a) In General.--Section 9(a) (16 U.S.C. 1538(a)) is amended by 
adding at the end the following:
            ``(3) Protecting public health and safety.--An activity of 
        a non-Federal person is not a taking of a species for purposes 
        of paragraph (1) if the activity--
                    ``(A) addresses a critical, probable threat to 
                public health or safety or a catastrophic natural 
                event, or is mandated by any Federal, State, or local 
                government agency for public health or safety purposes; 
                or
                    ``(B) is incidental to, and not the purpose of, the 
                carrying out of an otherwise lawful activity that 
                consists of--
                            ``(i) ongoing maintenance, routine 
                        operation or use, and emergency repair of 
                        existing pipelines, flood control facilities or 
                        projects, fire breaks, transmission and 
                        distribution lines, groundwater recharge 
                        facilities and areas, water storage and 
                        recycling facilities, water drainage or water 
                        conveyance structures and channels, and 
                        appurtenant facilities;
                            ``(ii) road and right-of-away maintenance, 
                        use, and repair; or
                            ``(iii) emergency repair or restoration of 
                        any property or non-Federal facility to the 
                        condition in which it existed or operated 
                        immediately before an emergency or disaster, 
                        meeting current standards.''.

SEC. 302. INTERVENTION IN CITIZEN SUITS.

    Section 11(g) (16 U.S.C. 1540(g)) is amended--
            (1) by amending so much as precedes paragraph (1)(B) to 
        read as follows:
    ``(g) Citizen Suits.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        civil suit may be commenced by any person on his or her own 
        behalf, who satisfies the requirements of the Constitution and 
        who has suffered or is threatened with economic or other injury 
        resulting from the violation, regulation, application, 
        nonapplication, or failure to act--
                    ``(A) to enjoin the United States or any agency or 
                official of the United States who is alleged to be in 
                violation of any provision of this Act or regulation 
                issued under the authority thereof, if the violation 
                poses immediate and irreparable harm to a threatened 
                species or endangered species;'' and
            (2) by adding at the end the following:
            ``(6) Intervention.--Any person may intervene as a matter 
        of right in any civil suit brought under this subsection if 
        such suit presents a reasonable threat of economic injury to 
        such person. Any intervenor under this paragraph shall have the 
        same right to present argument and to accept or reject 
potential settlements as do the parties to the suit.''.

SEC. 303. INCIDENTAL TAKE PERMITS.

    (a) Species Conservation Plans.--Section 10(a)(2) (16 U.S.C. 
1539(a)(2)) is amended to read as follows:
            ``(2) Species conservation plans.--(A) No permit may be 
        issued by the Secretary authorizing any taking referred to in 
        paragraph (1)(B) unless the applicant therefor submits to the 
        Secretary a species conservation plan that specifies--
                    ``(i) the impact on the species which will be the 
                likely result of the taking to be permitted;
                    ``(ii) what steps the applicant can reasonably and 
                economically take consistent with the purposes and 
                objectives of the taking to minimize and mitigate such 
                impacts, and the funding that will be available to 
                implement such steps; and
                    ``(iii) what alternative actions to such taking the 
                applicant considered and the reasons why such 
                alternatives are not being utilized.
            ``(B) If the Secretary finds, after opportunity for public 
        comment, with respect to a permit application and the related 
        species conservation plan that--
                    ``(i) the taking will be incidental;
                    ``(ii) the applicant will, to the extent reasonable 
                and economically practicable, minimize the impacts of 
                such taking;
                    ``(iii) the applicant will ensure that adequate 
                funding for the plan will be provided;
                    ``(iv) the taking will not appreciably reduce the 
                likelihood of the survival and recovery of the species; 
                and
                    ``(v) the measures specified under subparagraph 
                (A)(ii) will be met;
        and the Secretary has received such other assurances as the 
        Secretary may require that the plan will be implemented, the 
        Secretary shall issue the permit. The permit shall contain such 
        reasonable and economically practicable terms and conditions 
        consistent with the purposes and objectives of the activity as 
        the Secretary deems necessary to carry out the purposes of this 
        paragraph, including, but not limited to, such reporting 
        requirements as the Secretary deems necessary for determining 
        whether such terms and conditions are being complied with. The 
        Secretary shall include those terms and conditions that 
        accomplish the goals of this section for the least cost to the 
        permit applicant.
            ``(C) The Secretary may not require the applicant, as a 
        condition of processing the application or issuing the permit--
                    ``(i) to expand the application to include land, an 
                interest in land, a right to use or receive water, or a 
                proprietary water right not owned by the applicant or 
                to address a species other than the species for which 
                the application is made;
                    ``(ii) to carry out mitigation that exceeds in 
                nature, scope, or effect the impacts of the taking for 
                which the permit is issued;
                    ``(iii) to minimize and mitigate for loss of 
                habitat resulting from activities under the permit, in 
                an area of land greater than the area of land that is 
                subject to impacts for which the mitigation is 
                required; or
                    ``(iv) to expend an aggregate amount greater than 
                the cost of fencing and preserving current conditions 
                of the land on which activities are conducted under the 
                permit.
            ``(D)(i) The Secretary shall complete the processing of, 
        and approve or deny, any application for a permit under 
paragraph (1)(B) within 90 days of the date of submission of the 
application or within such other period of time after such date of 
submission to which the Secretary and the permit applicant mutually 
agree.
            ``(ii) The preparation and approval of a species 
        conservation plan and issuance of a permit with respect to 
        nonpublicly owned lands under paragraph (1)(B) shall not be 
        subject to section 102(2) of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4332(2)).
            ``(iii) If the Secretary considers a plan submitted under 
        subparagraph (A) to be insufficient or incomplete, the 
        Secretary shall respond in writing to the applicant within 30 
        days after receiving the application, stating why the 
        application is incomplete or insufficient and stating any 
        additional conditions that must be met for the issuance of the 
        permit. Any denial of a permit under paragraph (1)(B) without 
        first providing such conditions in writing is deemed to be 
        arbitrary and capricious.
            ``(iv) If the application is resubmitted after the 
        Secretary responds under clause (iii), the Secretary shall, 
        within 60 days after receiving the resubmitted application--
                    ``(I) issue the permit;
                    ``(II) at the request of the permit applicant, 
                provide written reasons for refusal to complete 
                consideration of the application; or
                    ``(III) formally deny the permit, in writing, 
                stating the reasons for the denial.
            ``(E) No consultation is required under section 7 for--
                    ``(i) any action by a permittee under this section 
                that is authorized by the terms and conditions of the 
                permit;
                    ``(ii) any action by the Secretary in implementing, 
                enforcing, or monitoring compliance with a permit under 
                this section; or
                    ``(iii) the issuance, amendment, or renewal of any 
                permit under this section, if the Secretary determines 
                that the issuance, amendment, or renewal, respectively, 
                will not appreciably reduce the likelihood of the 
                survival and recovery of any species that is authorized 
                to be taken under the permit.
            ``(F) No additional measures to minimize and mitigate 
        impacts on a species that is a subject of a permit issued under 
        paragraph (1)(B) shall be required of a permittee that is in 
        compliance with the permit. With respect to any species that is 
        a subject of such a permit, under no circumstance shall a 
        permittee in compliance with the permit be required to make any 
        additional payment for any purpose, or accept any additional 
        restriction on any parcel of land available for development or 
        land management or any water or water-related right under the 
        permit, without the consent of the permittee.
            ``(G) After providing a permittee notice and an opportunity 
        to make appropriate corrections, the Secretary shall revoke a 
        permit issued under this paragraph if the Secretary finds that 
        the permittee is not complying with the terms and conditions of 
        the permit or the species conservation plan required for the 
        permit.
            ``(H) Notwithstanding any other provision of law, a person 
        may not commence any action or proceeding to challenge the 
        approval of a permit under this section unless suit is filed 
        within 45 days after publication in the Federal Register of 
        notice of issuance of the permit.''.
    (b) Limitation on Mitigation Required for Incidental Take 
Permits.--Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 
1539) is amended by adding at the end the following:
    ``(k) Limitation on Required Mitigation.--
            ``(1) In general.--Subsection (a)(2) does not require, and 
        the Secretary may not require as a term or condition of a 
        permit under subsection (a)(1)(B), that a permittee for a 
        public project take any measures to minimize or mitigate 
        impacts of a taking under the permit--
                    ``(A) if the costs of implementing such measures 
                will exceed 10 percent of the total project costs of 
                the public project; or
                    ``(B) for any activity that occurred prior to the 
                date of the issuance of the permit.
            ``(2) Definitions.--In this subsection--
                    ``(A) the term `public project' means any 
                construction project that is carried out or funded (in 
                whole or in part) by a Federal, State, or local agency; 
                and
                    ``(B) the term `total project costs' means the 
                aggregate costs of acquiring land and carrying out 
                construction.''.

SEC. 304. SAFE HARBOR AGREEMENTS.

    Section 10 (16 U.S.C. 1539) is further amended by adding at the end 
the following:
    ``(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, and does not violate the baseline requirement 
                established under subparagraph (B).
                    ``(B) Baseline requirement.--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 requirement may be expressed in terms of the 
                abundance or distribution of endangered species 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 to 
                carry out this section, 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.''.

                      TITLE IV--RECOVERY PLANNING

SEC. 401. RECOVERY PLANNING.

    (a) Redesignation.--Section 5 (16 U.S.C. 1534) is redesignated as 
section 5A.
    (b) Recovery Plans.--The Act is amended by inserting before 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 with respect to which the United States exercises 
sovereign rights or jurisdiction, 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.
    ``(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, agriculture, private property, 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 this 
subsection 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.--(A) 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--
                    ``(i) appoint a recovery team to develop a recovery 
                plan for the species; or
                    ``(ii) provide to each affected State and publish a 
                notice that a recovery team will not be appointed, 
                stating the reasons for not appointing a recovery team; 
                and
            ``(B) Upon request by the Governor of any State in which 
        the species occurs made after publication of notice under 
        subparagraph (A)(ii), the Secretary shall, as requested by the 
        Governor--
                    ``(i) appoint a recovery team to develop a recovery 
                plan under this section; or
                    ``(ii) delegate to the Governor, under subsection 
                (l), the authority of the Secretary to develop a 
                recovery plan for the species for that State.
            ``(2) Appointment of recovery team.--(A) The recovery team 
        shall consist of--
                    ``(i) experts in biology or pertinent scientific 
                fields, economics, property law and regulation, and 
                other appropriate disciplines, including from the 
                private sector;
                    ``(ii) a representative nominated by the Governor 
                of each affected State;
                    ``(iii) representatives nominated by each affected 
                local government, if the local government agrees to the 
                appointment of a representative; and
                    ``(iv) representatives of persons who may be 
                directly, economically impacted by the conservation 
                plan.
            ``(B) The chairman of the team shall be selected by the 
        team from among its members who are representatives of States 
        or local governments.
            ``(3) Duties of the recovery team.--(A) Each recovery team 
        shall prepare and submit to the Secretary the draft recovery 
        plan, which shall include recovery strategies recommended by 
        the team and alternatives, if any, to meet the recovery goal 
        under subsection (e)(1). The recovery team may also be called 
        on 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.
            ``(B) The recovery team shall assess the direct, indirect, 
        and cumulative economic and social impacts on the public and 
        private sectors, including local governments, that may result 
        from the listing determination or from potential recovery 
        strategies recommended under subparagraph (A), including--
                    ``(i) impacts on the cost of governmental actions, 
                tax and other revenues, employment, the use and value 
                of property, and other social, cultural, and community 
                values; and
                    ``(ii) commercial activity that might result in a 
                net benefit to the conservation of the species.
            ``(C) The recovery team shall recommend to the Secretary 
        measures to balance the achievement of the recovery goal for a 
        species under subsection (e) with protecting the economic well-
        being of the area affected by implementation of the recovery 
        plan for the species.
            ``(4) Travel expenses.--The Secretary may 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, except that meetings of the recovery team shall be 
        open to the public as provided in that Act for meetings of 
        advisory committees.
    ``(e) Contents of Recovery Plans and Draft Recovery Plans.--
            ``(1) Biological recovery goal.--Not later than 180 days 
        after the appointment of a recovery team under this section, 
        the recovery team shall establish and submit to the Secretary a 
        recommended biological recovery goal to conserve and recover 
        the species that, when met, would result in the determination, 
        in accordance with section 4, that the species be removed from 
        the list. The recovery goal shall be expressed as objective and 
        measurable population criteria. When the goal is met, the 
        Secretary shall initiate the procedures under this Act to 
        remove the species from the list. The recovery team shall also 
        report to the Secretary the scientific feasibility of full 
        recovery of the species and the time frame in which recovery is 
        likely to occur.
            ``(2) Contents of draft plan.--
                    ``(A) In general.--Each draft recovery plan shall 
                contain the following:
                            ``(i) Recommendations for Federal agency 
                        compliance with section 7(a)(1) and 7(a)(2).
                            ``(ii) Recommendations for avoiding a 
                        taking of a listed species prohibited under 
                        section 9(a)(1) and a list of specific 
                        activities that would constitute a take under 
                        section 9.
                            ``(iii) Alternative strategies to achieve 
                        the recovery goal for the listed species, that 
                        range from a strategy requiring the least 
                        possible Federal management to achieve the 
                        recovery goal to a strategy involving more 
                        intensive Federal management to achieve the 
                        goal.
                            ``(iv) A description of economic and social 
                        impacts identified under subsection (d)(3)(B).
                    ``(B) Requirements for alternative strategies.--The 
                alternative strategies under subparagraph (A)(iii) must 
                achieve an appropriate balance among the following 
                factors:
                            ``(i) The effectiveness of the measures in 
                        meeting the recovery goal.
                            ``(ii) The length of time in which the 
                        recovery goal is likely to be achieved if the 
                        time period within which the recovery goal is 
                        to be achieved will not pose a significant risk 
                        to recovery of the species.
                            ``(iii) Minimizing the economic and social 
                        impacts on the public and private sectors, 
                        including the impact on employment, the cost of 
                        government actions, tax and other revenues, the 
                        use and value of property, and other social, 
                        cultural, and community values.
            ``(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 toward the recovery goal. To the extent possible, 
        current and historical population estimates, along with other 
        relevant factors, should be considered in determining whether 
        progress is being made toward meeting the recovery goal.
            ``(4) Equitable treatment of affected states and other non-
        federal persons.--Each recovery plan under this section shall--
                    (A) provide equitable treatment of each affected 
                State and all other non-Federal persons affected by the 
                plan; and
                    ``(B) seek to minimize and fairly distribute the 
                social and economic costs that may result from 
                implementation of the plan.
    ``(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 
        areas in each affected State that are located as close to the 
        affected area as possible, a notice of availability and a 
        summary of, and a request for public comment on, the draft 
        recovery plan. The notice shall include a description of the 
        activities that will require a permit under section 10, a 
        description of the economic and social impacts referred to in 
        subsection (d)(3)(B), and the recommendations of the recovery 
        team on the recovery goal under subsection (e)(1).
            ``(2) Hearings.--At the request of any person, the 
        Secretary shall hold at least 1 public meeting on each draft 
        recovery plan in each State to which the plan would apply 
        (including at least 1 public meeting in an affected rural area, 
        if any), except that the Secretary may not be required to hold 
        more than 5 public meetings under this paragraph.
    ``(g) Review and Selection by the Secretary.--
            ``(1) Review and approval.--The Secretary shall review each 
        plan submitted by a recovery team 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) Selection of recovery strategies.--In each final plan 
        the Secretary shall select recovery strategies that achieve the 
        recovery goal and the benchmarks while achieving an appropriate 
        balance among the factors described in subsection (e)(2)(B), 
        except that the Secretary shall select the recovery strategy 
        that would impose the least costs and result in the least 
        socioeconomic impacts in achieving the recovery goal.
            ``(3) Strategies recommended by recovery team.--If the 
        Secretary selects strategies other than those recommended by 
        the recovery team, the Secretary shall publish with the final 
        plan an explanation of why the strategies recommended by the 
        recovery team were not selected for the final recovery plan.
            ``(4) Publication of notice on final plan.--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.
    ``(h) Review.--
            ``(1) Existing plans.--Not later than five years after date 
        of enactment of this subsection, the Secretary shall review 
        recovery plans published prior to that date of enactment.
            ``(2) Subsequent plans.--The Secretary shall review each 
        recovery plan first approved or revised under this section 
        after the date of enactment of this subsection, not later than 
        5 years after the date of approval or revision of the plan and 
        every 5 years thereafter.
    ``(i) Revision of Recovery Plans.--Notwithstanding any other 
provision of this section, the Secretary shall revise a recovery plan 
if the Secretary finds, based on the best scientific and commercial 
data available, that substantial new information, which may include 
failure to meet the benchmarks included in the plan, indicates that the 
recovery goal 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 published a notice that a recovery team shall not be 
appointed pursuant to subsection (d)(3).
    ``(j) Existing Plans.--Except as provided in subsection (i), 
nothing in this section shall require the modification of--
            ``(1) a recovery plan approved before the date of the 
        enactment of the Common Sense Protections for Endangered 
        Species Act; or
            ``(2) a recovery plan on which public notice and comment 
        has been initiated before that date of enactment.
    ``(k) Critical Habitat Designation.--
            ``(1) Recommendation of the recovery team.--Concurrent with 
        the submission of the draft recovery plan for a species to the 
        Secretary, 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 
        the habitat.
            ``(2) Designation by the secretary.--
                    ``(A) In general.--The Secretary, to the maximum 
                extent prudent and determinable, may by regulation 
                designate or revise an existing designation of critical 
                habitat of each endangered species or threatened 
                species that is indigenous to the United States or to 
                waters with respect to which the United States 
                exercises sovereign rights or jurisdiction.
                    ``(B) Emergency 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) Proposed and final regulations.--Any regulation to 
        designate critical habitat or implement a requested revision 
        shall be proposed and promulgated in the same manner as a 
        regulation to implement a determination with respect to listing 
        a species.
            ``(5) Economic impacts defined.--In this subsection, the 
        term `economic impact' means the cumulative economic effects 
        (including costs) resulting from the listing of a species and 
        the designation of critical habitat of the species, for 
        communities and industries that are located in the area 
        designated as critical habitat or that receive revenue from use 
        of the area.
    ``(l) 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 delegate to the State agency, or to the State 
        agencies of such States acting jointly, respectively, the 
        authority of the Secretary to develop and implement 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 agency (or agencies, jointly) has 
                entered into a cooperative agreement with the Secretary 
                pursuant to section 6(c); and
                    ``(B) the State agency (or agencies, jointly) 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) and this subsection.
            ``(2) Response to concerns of secretary.--If the Secretary 
        finds that a State agency lacks any authority or capability 
        required under paragraph (1)(B), the Secretary shall notify the 
        State agency and provide the State agency with an opportunity 
        to address the concerns of the Secretary.
            ``(3) Standards and guidelines.--The Secretary, in 
        cooperation with the States, shall publish standards and 
        guidelines for the development of recovery plans by State 
        agencies under this subsection, including standards and 
        guidelines for interstate cooperation and for the grant and 
        withdrawal of authorization by the Secretary under this 
        subsection.
            ``(4) Duties of recovery team.--The recovery team shall 
        prepare a draft recovery plan in accordance with this section 
        and shall transmit the draft plan to the Secretary through the 
        State agency authorized to develop the recovery plan.
            ``(5) 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 the plan meets the 
        requirements of this section and shall give the State an 
        opportunity to address any deficiencies in the plan. 
        Thereafter, if the Secretary determines that the plan does not 
        meet such requirements, the Secretary shall notify the State 
        agency and, in cooperation with the State agency, develop a 
        recovery plan in accordance with this section.
            ``(6) Review and approval of final plans.--On receipt of a 
        draft recovery plan transmitted by a State agency, the 
        Secretary shall review and adopt the plan in accordance with 
        subsection (g).
            ``(7) Withdrawal of authority.--(A) The Secretary may 
        withdraw the authority from a State that has been delegated 
        authority 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) and this subsection. 
        The Secretary shall give the State agency an opportunity to 
        correct any deficiencies identified by the Secretary and may 
        withdraw the authority from the State unless the State agency 
        within 60 days has corrected the deficiencies identified by the 
        Secretary.
            ``(B) Following withdrawal of authority delegated to a 
        State pursuant to this subsection, the Secretary shall, in 
        accordance with this section--
                    ``(i) within 18 months after the date of that 
                withdrawal, publish a draft recovery plan for the 
                State; and
                    ``(ii) within 12 months after publication of the 
                draft recovery plan, publish a final recovery plan for 
                the State.
            ``(8) Definition of state agency.--For purposes of this 
        subsection, the term `State agency' means--
                    ``(A) a State agency (as defined in section 3) of 
                each State entering into 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.).
    ``(m) Office of Recovery Planning.--
            ``(1) Establishment.--Not later than 6 months after the 
        date of the enactment of the Common Sense Protections for 
        Endangered Species Act, the Secretary shall establish in the 
        United States Fish and Wildlife Service a separate office, to 
        be known as the Office of Species Recovery.
            ``(2) Authorities.--The Secretary, subject to subsection 
        (l), shall delegate to the head of the Office of Species 
        Recovery authority of the Secretary under this Act to--
                    ``(A) provide support services to recovery teams to 
                develop, or where a recovery team cannot be appointed 
                to develop, implement recovery plans under this 
                section;
                    ``(B) otherwise seek the recovery of all species 
                listed under section 4(c) as endangered species or 
                threatened species;
                    ``(C) make all determinations to remove a species 
                from such a list; and
                    ``(D) assist in the designation of critical 
                habitat.''.

                         TITLE V--MISCELLANEOUS

SEC. 501. AUTHORIZING INCREASED APPROPRIATIONS.

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

``SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated--
            ``(1) to the Department of the Interior to carry out the 
        duties of the Secretary of the Interior under this Act 
        $130,000,000 for fiscal year 2001, $140,000,000 for fiscal year 
        2002, $150,000,000 for fiscal year 2003, and $160,000,000 for 
        fiscal year 2004;
            ``(2) to the Department of Commerce to carry out the duties 
        of the Secretary of Commerce under this Act $30,000,000 for 
        fiscal year 2001, $35,000,000 for fiscal year 2002, $40,000,000 
        for fiscal year 2003, and $45,000,000 for fiscal year 2004; and
            ``(3) to the Department of Agriculture to carry out the 
        duties of the Secretary of Agriculture under this Act 
        $4,000,000 for each of fiscal years 2001 through 2004.
    ``(b) Convention Implementation.--In addition to the other amounts 
authorized by this section, there are authorized to be appropriated to 
the Secretary of the Interior to carry out section 8A $1,000,000 for 
each of fiscal years 2001 through 2004, to remain available until 
expended.
    ``(c) Safe Harbor Agreements.--In addition to the other amounts 
authorized by this section, there are authorized to be appropriated to 
the Secretary to carry out section 10(l) $10,000,000 for each of fiscal 
years 2001 through 2004, to remain available until expended.''.
                                                 Union Calendar No. 590

106th CONGRESS

  2d Session

                               H. R. 3160

                         [Report No. 106-1013]

_______________________________________________________________________

                                 A BILL

      To reauthorize and amend the Endangered Species Act of 1973.

_______________________________________________________________________

                            October 26, 2000

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed