[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1100 Reported in Senate (RS)]

                                                       Calendar No. 237

106th CONGRESS

  1st Session

                                S. 1100

                          [Report No. 106-126]

_______________________________________________________________________

                                 A BILL

    To amend the Endangered Species Act of 1973 to provide that the 
 designation of critical habitat for endangered and threatened species 
  be required as part of the development of recovery plans for those 
                                species.

_______________________________________________________________________

                             July 28, 1999

                     Reported with an amendment    





                                                       Calendar No. 237
106th CONGRESS
  1st Session
                                S. 1100

                          [Report No. 106-126]

    To amend the Endangered Species Act of 1973 to provide that the 
 designation of critical habitat for endangered and threatened species 
  be required as part of the development of recovery plans for those 
                                species.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 1999

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

                             July 28, 1999

               Reported by Mr. Chafee, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
    To amend the Endangered Species Act of 1973 to provide that the 
 designation of critical habitat for endangered and threatened species 
  be required as part of the development of recovery plans for those 
                                species.

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

<DELETED>SECTION 1. RECOVERY PLANS AND CRITICAL HABITAT 
              DESIGNATIONS.</DELETED>

<DELETED>    The Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) is amended--</DELETED>
        <DELETED>    (1) by inserting after section 4 the 
        following:</DELETED>

 <DELETED>``recovery plans and critical habitat designations</DELETED>

<DELETED>    ``Sec. 4A.'';</DELETED>
        <DELETED>    (2) by moving subsection (f) of section 4 to 
        appear at the end of section 4A (as added by paragraph (1)); 
        and</DELETED>
        <DELETED>    (3) in section 4A (as amended by paragraph (2))--
        </DELETED>
                <DELETED>    (A) by striking ``(f)(1) Recovery Plans.--
                The'' and inserting the following:</DELETED>
<DELETED>    ``(a) In General.--The'';</DELETED>
                <DELETED>    (B) by redesignating paragraphs (2) 
                through (5) as subsections (b) through (e), 
                respectively;</DELETED>
                <DELETED>    (C) in subsection (b) (as so 
                redesignated)--</DELETED>
                        <DELETED>    (i) by striking ``(b) The 
                        Secretary'' and inserting the 
                        following:</DELETED>
<DELETED>    ``(b) Recovery Teams.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary''; and</DELETED>
                        <DELETED>    (ii) by adding at the end the 
                        following:</DELETED>
        <DELETED>    ``(2) Appointment of a team.--Not later than 60 
        days after the date of publication under section 4 of a final 
        determination that a species is a threatened species or 
        endangered species, the Secretary, in cooperation with any 
        State affected by the determination, shall--</DELETED>
                <DELETED>    ``(A) appoint a recovery team to develop a 
                recovery plan for the species; or</DELETED>
                <DELETED>    ``(B) after public notice and opportunity 
                for comment, determine that a recovery team shall not 
                be appointed.''; and</DELETED>
                <DELETED>    (D) by adding at the end the 
                following:</DELETED>
<DELETED>    ``(f) 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--
</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) not later than 3 years after the date of 
        publication under section 4 of the final regulation containing 
        the listing determination, a final recovery plan.''.</DELETED>

<DELETED>SEC. 2. CRITICAL HABITAT DESIGNATIONS.</DELETED>

<DELETED>    (a) In General.--Section 4A of the Endangered Species Act 
of 1973 (as added by section 1) is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(g) Critical Habitat Designations.--</DELETED>
        <DELETED>    ``(1) Recommendation of the recovery team.--
        </DELETED>
                <DELETED>    ``(A) Recovery team appointed.--Not later 
                than nine months after the date of publication under 
                section 4 of a final regulation containing a listing 
                determination for a species, the recovery team (if a 
                recovery team has been 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.</DELETED>
                <DELETED>    ``(B) No recovery team appointed.--If a 
                recovery team is not appointed by the Secretary, the 
                Secretary shall perform all duties of the recovery team 
                required under this section.</DELETED>
        <DELETED>    ``(2) Designation by the secretary.--The 
        Secretary, to the maximum extent prudent and determinable, 
        shall by regulation designate any habitat that is considered to 
be critical habitat of an endangered species or a threatened species 
that is indigenous to the United States or waters with respect to which 
the United States exercises sovereign rights or jurisdiction.</DELETED>
                <DELETED>    ``(A) Designation.--</DELETED>
                        <DELETED>    ``(i) Proposal.--Concurrently with 
                        publication of a draft recovery plan, the 
                        Secretary, after consultation and in 
                        cooperation with the recovery team, shall 
                        publish in the Federal Register a proposed 
                        regulation, based on the draft recovery plan 
                        for the species, that designates critical 
                        habitat for the species.</DELETED>
                        <DELETED>    ``(ii) Promulgation.--Concurrently 
                        with publication of a final recovery plan, the 
                        Secretary, after consultation and in 
                        cooperation with the recovery team, shall 
                        publish a final regulation, based on the final 
                        recovery plan for the species, that designates 
                        critical habitat for the species.</DELETED>
                <DELETED>    ``(B) Other designations.--If a recovery 
                plan is not developed under this section for an 
                endangered species or a threatened species, the 
                Secretary shall publish a final critical habitat 
                determination for the endangered species or threatened 
                species not later than three years after making a 
                determination that the species is an endangered species 
                or a threatened species.</DELETED>
                <DELETED>    ``(C) Additional authority.--The Secretary 
                may publish a regulation designating critical habitat 
                for an endangered species or a threatened species 
                concurrently with the final regulation implementing the 
                determination that the species is endangered or 
                threatened if the Secretary determines that designation 
                of such habitat at the time of listing is essential to 
                avoid the imminent extinction of the species.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Exclusions.--The Secretary may exclude any 
        area from critical habitat for a species if the Secretary 
        determines that the benefits of the exclusion outweigh the 
        benefits of designating the area as part of the critical 
        habitat, unless the Secretary determines that the failure to 
        designate the area as critical habitat will result in the 
        extinction of the species.</DELETED>
        <DELETED>    ``(5) Revisions.--The Secretary may, from time-to-
        time and as appropriate, revise a designation. Each area 
        designated as critical habitat before the date of enactment of 
        this subsection shall continue to be considered so designated, 
        until the designation is revised in accordance with this 
        subsection.</DELETED>
        <DELETED>    ``(6) Petitions.--</DELETED>
                <DELETED>    ``(A) Determination that revision may be 
                warranted.--To the maximum extent practicable, not 
                later than 90 days after receiving the petition of an 
                interested person under section 553(e) of title 5, 
                United States Code, to revise a critical habitat 
                designation, the Secretary shall make a finding as to 
                whether the petition presents substantial scientific or 
                commercial information indicating that the revision may 
                be warranted. The Secretary shall promptly publish the 
                finding in the Federal Register.</DELETED>
                <DELETED>    ``(B) Notice of proposed action.--Not 
                later than one year after receiving a petition that is 
                found under subparagraph (A) to present substantial 
                information indicating that the requested revision may 
                be warranted, the Secretary shall determine how to 
                proceed with the requested revision, and shall promptly 
                publish notice of the intention in the Federal 
                Register.</DELETED>
        <DELETED>    ``(7) Proposed and final regulations.--Any 
        regulation to designate critical habitat or implement a 
        requested revision shall be proposed and promulgated in 
        accordance with paragraphs (4), (5), and (6) of section 4(b) in 
        the same manner as a regulation to implement a determination 
        with respect to listing a species.''.</DELETED>
<DELETED>    (b) Citizen Suits.--Section 11(g) of the Endangered 
Species Act of 1973 (16 U.S.C. 1540(g)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1)(C), by inserting ``or section 
        4A'' after ``section 4''; and</DELETED>
        <DELETED>    (2) in paragraph (2), by adding at the end the 
        following:</DELETED>
                <DELETED>    ``(D) Actions relating to critical habitat 
                designation.--With respect to an action relating to an 
                alleged violation of section 4A(g) concerning the area 
                designated by the Secretary as critical habitat, no 
                action may be commenced independently of an action 
                relating to an alleged violation of subsection (a) or 
                (f) of section 4A.''.</DELETED>
<DELETED>    (c) Plans for Previously Listed Species.--</DELETED>
        <DELETED>    (1) In general.--In the case of species included 
        in the list published under section 4(c) of the Endangered 
        Species Act of 1973 (16 U.S.C. 1533(c)) before the date of 
        enactment of this Act, and for which no final recovery plan was 
        developed before the date of enactment of this Act, the 
        Secretary of the Interior or the Secretary of Commerce, as 
        appropriate, shall develop a final recovery plan in accordance 
        with the requirements of section 4A of the Endangered Species 
        Act of 1973, including the priorities of subsection (a)(1) of 
        that section, for not less than one-half of the species not 
        later than 36 months after the date of enactment of this Act 
        and for all species not later than 60 months after such 
        date.</DELETED>
        <DELETED>    (2) Designations of critical habitat.--The 
        Secretary of the Interior or the Secretary of Commerce, as 
        appropriate, shall review and revise as necessary any 
        designation of critical habitat for a species described in 
        paragraph (1) based on the final recovery plan for the species 
        and in accordance with section 4A(g) of the Endangered Species 
        Act of 1973.</DELETED>
<DELETED>    (d) Conforming Amendments.--</DELETED>
        <DELETED>    (1) Section 3(5)(A) of the Endangered Species Act 
        of 1973 (16 U.S.C. 1532(5)(A)) is amended--</DELETED>
                <DELETED>    (A) in clause (i), by striking ``, at the 
                time it is listed in accordance with the provisions of 
                section 4 of this Act,''; and</DELETED>
                <DELETED>    (B) in clause (ii), by striking ``at the 
                time it is listed in accordance with the provisions of 
                section 4 of this Act''.</DELETED>
        <DELETED>    (2) Section 4 of the Endangered Species Act of 
        1973 (16 U.S.C. 1533) (as amended by section 1(2)) is amended--
        </DELETED>
                <DELETED>    (A) in subsection (a), by striking 
                paragraph (3);</DELETED>
                <DELETED>    (B) in subsection (b)--</DELETED>
                        <DELETED>    (i) by striking paragraph 
                        (2);</DELETED>
                        <DELETED>    (ii) in paragraph (3), by striking 
                        subparagraph (D);</DELETED>
                        <DELETED>    (iii) in paragraph (5), by 
                        striking ``, designation, or revision referred 
                        to in subsection (a)(1) or (3),'' and inserting 
                        ``referred to in subsection 
                        (a)(1),'';</DELETED>
                        <DELETED>    (iv) in paragraph (6)--</DELETED>
                                <DELETED>    (I) by striking ``(6)(A)'' 
                                and all that follows through the end of 
                                subparagraph (A) and inserting the 
                                following:</DELETED>
        <DELETED>    ``(6) Final regulations.--</DELETED>
                <DELETED>    ``(A) In general.--Within the one-year 
                period beginning on the date on which general notice is 
                published in accordance with paragraph (5)(A)(i) 
                regarding a proposed regulation, the Secretary shall 
                publish in the Federal Register--</DELETED>
                        <DELETED>    ``(i) a final regulation to 
                        implement the determination;</DELETED>
                        <DELETED>    ``(ii) notice that the one-year 
                        period is being extended under subparagraph 
                        (B)(i); or</DELETED>
                        <DELETED>    ``(iii) notice that the proposed 
                        regulation is being withdrawn under 
                        subparagraph (B)(ii), together with the finding 
                        on which the withdrawal is based.'';</DELETED>
                                <DELETED>    (II) in subparagraph 
                                (B)(i), by striking ``or 
                                revision'';</DELETED>
                                <DELETED>    (III) in subparagraph 
                                (B)(iii), by striking ``or revision 
                                concerned, a finding that the revision 
                                should not be made,''; and</DELETED>
                                <DELETED>    (IV) by striking 
                                subparagraph (C); and</DELETED>
                        <DELETED>    (v) by redesignating paragraph (8) 
                        as paragraph (2) and moving that paragraph to 
                        appear after paragraph (1);</DELETED>
                <DELETED>    (C) in subsection (c)(1)--</DELETED>
                        <DELETED>    (i) in the second sentence, by 
                        inserting ``designated'' before ``critical 
                        habitat''; and</DELETED>
                        <DELETED>    (ii) in the third sentence, by 
                        striking ``determinations, designations, and 
                        revisions'' and inserting 
                        ``determinations'';</DELETED>
                <DELETED>    (D) by redesignating subsections (g) 
                through (i) as subsections (f) through (h), 
                respectively; and</DELETED>
                <DELETED>    (E) in subsection (g)(4) (as so 
                redesignated), by striking ``subsection (f) of this 
                section'' and inserting ``section 4A''.</DELETED>
        <DELETED>    (3) Section 4A of the Endangered Species Act of 
        1973 (as added by section 1) is amended--</DELETED>
                <DELETED>    (A) in subsection (a)--</DELETED>
                        <DELETED>    (i) in the first sentence--
                        </DELETED>
                                <DELETED>    (I) by striking ``this 
                                subsection'' and inserting ``this 
                                section''; and</DELETED>
                                <DELETED>    (II) by striking ``this 
                                section'' and inserting ``section 
                                4'';</DELETED>
                        <DELETED>    (ii) by redesignating 
                        subparagraphs (A) and (B) as paragraphs (1) and 
                        (2), respectively; and</DELETED>
                        <DELETED>    (iii) in paragraph (2) (as so 
                        redesignated)--</DELETED>
                                <DELETED>    (I) by redesignating 
                                clauses (i) through (iii) as 
                                subparagraphs (A) through (C), 
                                respectively; and</DELETED>
                                <DELETED>    (II) in subparagraph (B) 
                                (as so redesignated), by striking ``the 
                                provisions of this section'' and 
                                inserting ``section 4'';</DELETED>
                <DELETED>    (B) in subsection (c), by striking ``this 
                section'' and inserting ``section 4''; and</DELETED>
                <DELETED>    (C) in subsection (e), by striking 
                ``paragraph (4)'' and inserting ``subsection 
                (d)''.</DELETED>
        <DELETED>    (4) Section 6(d)(1) of the Endangered Species Act 
        of 1973 (16 U.S.C. 1535(d)(1)) is amended in the first sentence 
        by striking ``section 4(g)'' and inserting ``section 
        4(f)''.</DELETED>
        <DELETED>    (5) Section 10(f)(5) of the Endangered Species Act 
        of 1973 (16 U.S.C. 1539(f)(5)) is amended by striking the last 
        sentence.</DELETED>
        <DELETED>    (6) Section 104(c)(4)(A)(ii)(I) of the Marine 
        Mammal Protection Act of 1972 (16 U.S.C. 1374(c)(4)(A)(ii)(I)) 
        is amended by striking ``section 4(f)'' and inserting ``section 
        4A''.</DELETED>
        <DELETED>    (7) Section 115(b)(2) of the Marine Mammal 
        Protection Act of 1972 (16 U.S.C. 1383b(b)(2)) is amended by 
        striking ``section 4(f) of the Endangered Species Act of 1973 
        (16 U.S.C. 1533(f))'' and inserting ``section 4A of the 
        Endangered Species Act of 1973''.</DELETED>
        <DELETED>    (8) Section 118(f)(11) of the Marine Mammal 
        Protection Act of 1972 (16 U.S.C. 1387(f)(11)) is amended by 
        striking ``section 4'' and inserting ``section 4A''.</DELETED>
        <DELETED>    (9) The table of contents in the first section of 
        the Endangered Species Act of 1973 (16 U.S.C. prec. 1531) is 
        amended by inserting after the item relating to section 4 the 
        following:</DELETED>

<DELETED>``Sec. 4A. Recovery plans and critical habitat 
                            designations.''.

</DELETED>SECTION 1. RECOVERY PLANS.

    Section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(f)) is amended--
            (1) in the first sentence of paragraph (1), by striking 
        ``species.'' and inserting ``species, or that the species is 
        not indigenous to the United States or waters with respect to 
        which the United States exercises sovereign rights or 
        jurisdiction.'';
            (2) in paragraph (2)--
                    (A) by striking ``(2) The Secretary'' and inserting 
                the following:
            ``(2) Recovery teams.--
                    ``(A) In general.--The Secretary''; and
                    (B) by adding at the end the following:
                    ``(B) Appointment of a team.--Not later than 120 
                days after the date of publication under subsection (b) 
                of a final determination that a species is an 
                endangered species or a threatened species, the 
                Secretary, in cooperation with any State affected by 
                the determination, shall--
                            ``(i) appoint a recovery team to develop a 
                        recovery plan for the species; or
                            ``(ii) after public notice and opportunity 
                        for comment, determine that a recovery team 
                        shall not be appointed.
                    ``(C) No recovery team appointed.--If a recovery 
                team is not appointed by the Secretary, the Secretary 
                shall perform all duties of the recovery team required 
                under this subsection.
                    ``(D) Composition of recovery team.--Each recovery 
                team shall include the Secretary and at least 1 
                representative from each affected State that chooses to 
                participate, and shall have balanced representation 
                among constituencies with an interest in the species 
                and its recovery and with an interest in the economic 
                or social impacts of recovery, including Federal 
                agencies, tribal governments, local governments, 
                academic institutions, private individuals (including 
                landowners), conservation and other organizations, and 
                commercial enterprises. When a recovery plan or 
                critical habitat designation will have a significant 
                impact on private land, the Secretary shall invite at 
                least one landowner or one representative of an 
                organization representing landowners to serve on the 
                recovery team. The recovery team members shall be 
                selected for their knowledge of the species or for 
                their expertise in the elements of the recovery plan or 
                its implementation.'';
            (3) in the second sentence of paragraph (4), by inserting 
        before the period at the end the following: ``and shall, when 
        the Secretary publishes a final recovery plan, respond to 
        comments received during the comment period''; and
            (4) by adding at the end the following:
            ``(6) Schedule.--For each species determined to be an 
        endangered species or a threatened species after the date of 
        enactment of this paragraph for which the Secretary is required 
        to develop a recovery plan under paragraph (1), the Secretary 
        shall publish--
                    ``(A) not later than 18 months after the date of 
                publication under subsection (b) of the final 
                regulation containing the listing determination, a 
                draft recovery plan; and
                    ``(B) not later than 30 months after the date of 
                publication under subsection (b) of the final 
                regulation containing the listing determination, a 
                final recovery plan.''.

SEC. 2. CRITICAL HABITAT DESIGNATIONS.

    (a) In General.--Section 4(f) of the Endangered Species Act of 1973 
(16 U.S.C. 1533(f)) (as amended by section 1(4)) is amended by adding 
at the end the following:
            ``(7) Critical habitat designations.--
                    ``(A) In general.--The Secretary, to the extent 
                prudent, shall designate any habitat that is considered 
                to be critical habitat of an endangered species or a 
                threatened species that is indigenous to the United 
                States or waters with respect to which the United 
                States exercises sovereign rights or jurisdiction.
                            ``(i) Designation.--
                                    ``(I) Proposal.--As part of a draft 
                                recovery plan, the Secretary, after 
                                consultation and in cooperation with 
                                the recovery team, shall designate 
                                proposed critical habitat for the 
                                species.
                                    ``(II) Final.--As part of a final 
                                recovery plan, the Secretary, after 
                                consultation and in cooperation with 
                                the recovery team, shall designate 
                                critical habitat for the species.
                            ``(ii) Other designations.--If the 
                        Secretary determines that a recovery plan will 
not promote the conservation of an endangered species or a threatened 
species, the Secretary shall publish in the Federal Register, in 
accordance with paragraphs (4), (5), and (6) of subsection (b), a 
regulation designating critical habitat for the species not later than 
three years after making a determination that the species is an 
endangered species or a threatened species.
                            ``(iii) Additional authority.--The 
                        Secretary shall, after providing public notice 
                        and opportunity for comment, designate critical 
                        habitat for an endangered species or a 
                        threatened species concurrently with the final 
                        regulation implementing the determination that 
                        the species is an endangered species or a 
                        threatened species if the Secretary determines 
                        that designation of such habitat at the time of 
                        listing is essential to avoid the imminent 
                        extinction of the species. Such designation, in 
                        addition to responses to comments received by 
                        the Secretary, shall be published in the 
                        Federal Register and shall be considered to be 
                        a final agency action for the purposes of 
                        judicial review. The recovery team and the 
                        Secretary shall review and revise, as 
                        appropriate, the designation during the 
                        development of the recovery plan for the 
                        species.
                    ``(B) 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 in the 
                draft and final recovery plans (or in the proposed and 
                final regulations) the economic impacts and other 
                relevant impacts considered under this paragraph in any 
                designation of critical habitat.
                    ``(C) Exclusions.--The Secretary may exclude any 
                area from critical habitat for a species if the 
                Secretary determines that the benefits of the exclusion 
                outweigh the benefits of designating the area as part 
                of the critical habitat, unless the Secretary 
                determines, based on the best scientific and commercial 
                data available, that the failure to designate the area 
                as critical habitat will result in the extinction of 
                the species.
                    ``(D) Additional information.--At the time that the 
                Secretary determines that a species is an endangered 
                species or a threatened species, the Secretary shall--
                            ``(i) publish a description of additional 
                        scientific and commercial data that would 
                        assist in the preparation of a recovery plan 
                        and designation of critical habitat;
                            ``(ii) invite any person to submit data to 
                        the Secretary; and
                            ``(iii) describe the steps that the 
                        recovery team and the Secretary will take to 
                        acquire additional data.
                    ``(E) Civil actions.--In accordance with section 
                11(g), any person may bring a civil action against the 
                Secretary regarding the designation of critical habitat 
                for a species.''.
    (b) Previously Listed Species.--
            (1) Recovery plans.--
                    (A) Development of recovery plans.--In the case of 
                species included on the lists published under section 
                4(c) of the Endangered Species Act of 1973 (16 U.S.C. 
                1533(c)) before the date of enactment of this Act, and 
                for which no final recovery plan was developed before 
                the date of enactment of this Act, the Secretary of the 
                Interior or the Secretary of Commerce, as appropriate 
                (referred to in this subsection as ``the Secretary''), 
                shall develop a final recovery plan, in accordance with 
                the requirements of section 4 of the Endangered Species 
                Act of 1973 (16 U.S.C. 1533), for not less than one-
                half of the species not later than 36 months after the 
                date of enactment of this Act and for all species not 
                later than 60 months after such date.
                    (B) Revision of recovery plans.--In the case of 
                species included on the lists published under section 
                4(c) of the Endangered Species Act of 1973 (16 U.S.C. 
                1533(c)) before the date of enactment of this Act, the 
                Secretary shall publish, not later than 270 days after 
                the date of enactment of this Act, a list of the 
                species for which the Secretary will revise recovery 
                plans developed prior to the date of enactment of this 
                Act, and a schedule established under subparagraph (D) 
                for revising the plans.
                    (C) Priority ranking system.--
                            (i) In general.--Not later than 270 days 
                        after the date of enactment of this Act, the 
                        Secretary of the Interior and the Secretary of 
                        Commerce each shall, after providing notice and 
                        an opportunity for public comment, develop and 
                        implement a priority ranking system for the 
                        development and revision of recovery plans to 
                        carry out section 4(f) of the Endangered 
                        Species Act of 1973 (16 U.S.C. 1533(f)) and 
                        this subsection in the most efficient and 
                        effective manner practicable.
                            (ii) Criteria for priorities.--In 
                        developing the priority ranking system, the 
                        Secretary shall be consistent with the criteria 
                        set forth in section 4(f)(1)(A) of the 
                        Endangered Species Act of 1973 (16 U.S.C. 
                        1533(f)(1)(A)) and shall take into account the 
                        scientifically based biological needs of the 
                        species.
                    (D) Schedule.--In establishing the schedule for 
                revising recovery plans for species identified on the 
                list established under subparagraph (B), the Secretary 
                shall require that recovery plans for--
                            (i) \1/3\ of the species on the list be 
                        completed not later than 4 years after the date 
                        of enactment of this Act;
                            (ii) \2/3\ of the species on the list be 
                        completed not later than 7 years after the date 
                        of enactment of this Act; and
                            (iii) all species on the list be completed 
                        not later than 10 years after the date of 
                        enactment of this Act.
                    (E) Civil actions.--No person may bring a civil 
                action, under title 5, United States Code, or under the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.), alleging failure to develop a recovery plan or 
                to designate critical habitat for--
                            (i) any species included on the lists 
                        published under section 4(c) of the Endangered 
                        Species Act of 1973 (16 U.S.C. 1533(c)) before 
                        the date that is 270 days after the date of 
                        enactment of this Act;
                            (ii) any species for which a recovery plan 
                        is required to be developed under subparagraph 
                        (A) before the date that is 60 months after the 
                        date of enactment of this Act; or
                            (iii) any species on the list established 
                        under subparagraph (B) before the date on which 
                        the recovery plan and designation are required 
                        to be completed in accordance with the schedule 
                        established under subparagraph (D).
            (2) Critical habitat designations.--
                    (A) Critical habitat designated.--The Secretary 
                shall review, and revise as necessary, any designation 
                of critical habitat for a species described in 
                paragraph (1)(A) based on, and as part of, the final 
                recovery plan for the species, under section 4(f)(7) of 
                the Endangered Species Act of 1973 (16 U.S.C. 
                1533(f)(7)) and in accordance with the schedule 
                established under paragraph (1)(D). Each area 
                designated as critical habitat before the date of 
                enactment of this Act shall continue to be considered 
                so designated, until the designation is revised in 
                accordance with this subsection, at which point the 
                regulation designating critical habitat that was 
                promulgated before the date of enactment of this Act 
                shall be withdrawn.
                    (B) Critical habitat not designated.--
                            (i) In general.--Except as provided in 
                        clause (ii), if the Secretary has not 
                        designated critical habitat for a species 
                        described in paragraph (1)(A) because the 
                        Secretary determined that designation was not 
                        prudent or that critical habitat was not 
                        determinable, or for any other reason, the 
                        Secretary shall designate critical habitat for 
                        the species as part of the development or 
                        revision of the recovery plan for the species 
                        in accordance with section 4(f)(7) of the 
                        Endangered Species Act of 1973 (16 U.S.C. 
                        1533(f)(7)), and in accordance with the 
                        schedule established under paragraph (1)(D).
                            (ii) Designation required by court.--Clause 
                        (i) shall not apply in a case in which a court 
                        has issued an order prior to the date of 
                        enactment of this Act remanding to the 
                        Secretary a decision, or mandating a schedule 
                        for the Secretary to make a decision, or a case 
                        in which a court issues an order in an action 
                        for which a complaint was filed before July 1, 
                        1999, regarding the designation of critical 
                        habitat, although such designations are subject 
                        to revisions required under subparagraph (A). 
                        Nothing in this clause affects the right of any 
                        party to appeal a court order relating to a 
                        designation of critical habitat.
    (c) Conforming Amendments.--
            (1) Section 3(5)(A) of the Endangered Species Act of 1973 
        (16 U.S.C. 1532(5)(A)) is amended--
                    (A) in clause (i), by striking ``, at the time it 
                is listed in accordance with the provisions of section 
                4 of this Act,''; and
                    (B) in clause (ii), by striking ``at the time it is 
                listed in accordance with the provisions of section 4 
                of this Act''.
            (2) Section 4 of the Endangered Species Act of 1973 (16 
        U.S.C. 1533) is amended--
                    (A) in subsection (a), by striking paragraph (3);
                    (B) in subsection (b)--
                            (i) by striking paragraph (2);
                            (ii) in paragraph (3), by striking 
                        subparagraph (D);
                            (iii) in paragraph (5), by striking ``, 
                        designation, or revision referred to in 
                        subsection (a)(1) or (3),'' and inserting 
                        ``referred to in subsection (a)(1),'';
                            (iv) in paragraph (6)--
                                    (I) 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 one-year period 
                beginning on the date on which general notice is 
                published in accordance with paragraph (5)(A)(i) 
                regarding a proposed regulation, the Secretary shall 
                publish in the Federal Register--
                            ``(i) a final regulation to implement the 
                        determination;
                            ``(ii) notice that the one-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.'';
                                    (II) in subparagraph (B)(i), by 
                                striking ``or revision'';
                                    (III) in subparagraph (B)(iii), by 
                                striking ``or revision concerned, a 
                                finding that the revision should not be 
                                made,''; and
                                    (IV) by striking subparagraph (C); 
                                and
                            (v) by redesignating paragraph (8) as 
                        paragraph (2) and moving that paragraph to 
                        appear after paragraph (1); and
                    (C) in subsection (c)(1)--
                            (i) in the second sentence, by inserting 
                        ``designated'' before ``critical habitat''; and
                            (ii) in the third sentence, by striking 
                        ``determinations, designations, and revisions'' 
                        and inserting ``determinations''.
            (3) Section 10(f)(5) of the Endangered Species Act of 1973 
        (16 U.S.C. 1539(f)(5)) is amended by striking the last 
        sentence.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act, the 
amendments made by this Act, and section 4(f) of the Endangered Species 
Act of 1973 (16 U.S.C. 1533(f))--
            (1) to the Secretary of the Interior--
                    (A) $42,000,000 for fiscal year 2000;
                    (B) $46,000,000 for fiscal year 2001;
                    (C) $50,000,000 for fiscal year 2002;
                    (D) $55,000,000 for fiscal year 2003; and
                    (E) $60,000,000 for fiscal year 2004; and
            (2) to the Secretary of Commerce, $30,000,000 for each of 
        fiscal years 2000 through 2004.