[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3156 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 3156

 To amend the Endangered Species Act of 1973 to ensure the recovery of 
 the declining biological diversity of the United States, to reaffirm 
and strengthen the commitment of the United States to protect wildlife, 
  to safeguard the economic and ecological future of children of the 
     United States, and to provide certainty to local governments, 
communities, and individuals in their planning and economic development 
                                efforts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 3 (legislative day, September 22), 2000

 Mr. Lautenberg (for himself, Mrs. Boxer, Mr. Kennedy, Mr. Wellstone, 
  Mr. Dodd, Mr. Moynihan, Mr. Schumer, Mr. Kerry, Mr. Torricelli, Mr. 
  Leahy, and Mr. Reid ) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the Endangered Species Act of 1973 to ensure the recovery of 
 the declining biological diversity of the United States, to reaffirm 
and strengthen the commitment of the United States to protect wildlife, 
  to safeguard the economic and ecological future of children of the 
     United States, and to provide certainty to local governments, 
communities, and individuals in their planning and economic development 
                                efforts.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES TO ENDANGERED 
              SPECIES ACT OF 1973.

    (a) Short Title.--This Act may be cited as the ``Endangered Species 
Recovery Act of 2000''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents; references to Endangered 
                            Species Act of 1973.
Sec. 2. Findings.
                  TITLE I--ENDANGERED SPECIES RECOVERY

Sec. 101. Definitions.
Sec. 102. Designation of interim and critical habitat.
Sec. 103. Schedule for listing determinations.
Sec. 104. Contents of listing petitions.
Sec. 105. Recovery planning.
Sec. 106. Endangered species conservation agreements.
Sec. 107. Interagency cooperation.
Sec. 108. Permits and conservation plans.
Sec. 109. Citizen suits.
Sec. 110. Natural resource damage liability.
Sec. 111. Authorization of appropriations.
             TITLE II--SPECIES CONSERVATION TAX INCENTIVES

Sec. 201. Tax exclusion for cost-sharing payments under Partners for 
                            Fish and Wildlife Program.
Sec. 202. Enhanced deduction for the donation of a conservation 
                            easement.
Sec. 203. Exclusion from estate tax for real property subject to 
                            endangered species conservation agreement.
Sec. 204. Expansion of estate tax exclusion for real property subject 
                            to qualified conservation easement.
    (c) References to Endangered Species Act of 1973.--Except as 
otherwise expressly provided, whenever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.).

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the American public recognizes the importance of 
        protecting the natural environmental legacy of the United 
        States;
            (2) it is only through the protection of all species of 
        plants and animals and the ecosystems on which the species 
        depend that the people of the United States will conserve a 
        world for our children with the spiritual, medicinal, 
        agricultural, and economic benefits that plants and animals 
        offer;
            (3) we have a moral responsibility not to drive other 
        species to extinction;
            (4) we are rapidly proceeding in a manner that will deny to 
        future generations a world of abundant, varied species;
            (5) although the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.) has prevented the extinction of many animal, 
        plant, and fish species, many of those species have not fully 
        recovered and that Act must ensure their long-term survival and 
        recovery;
            (6) Federal agencies and other persons should act to 
        protect declining species before they need the full application 
        of the Endangered Species Act of 1973;
            (7) all members of the public have a right to be involved 
        in the decisions made to protect biodiversity;
            (8) to avoid extinction in the wild, habitats must be 
        conserved by using the best available science;
            (9) only by taking actions that implement the recovery 
        goals of the Endangered Species Act of 1973 can we ensure that 
        species will eventually be removed from the lists of endangered 
        species and threatened species; and
            (10) we can provide certainty for communities, local 
        governments, and private landowners that will enable them to 
        move forward with planning and economic development efforts 
        while still protecting species.

                  TITLE I--ENDANGERED SPECIES RECOVERY

SEC. 101. DEFINITIONS.

    Section 3 (16 U.S.C. 1532) is amended--
            (1) by redesignating paragraphs (2) through (5), (6) 
        through (9), (10), (12) through (14), and (15) through (21) as 
        paragraphs (3) through (6), (9) through (12), (14), (20) 
        through (22), and (24) through (30), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) Candidate species.--The term `candidate species' 
        means any species--
                    ``(A) that is not the subject of a proposed 
                regulation under section 4(a)(1);
                    ``(B) that the Secretary is considering for listing 
                as an endangered species or threatened species; and
                    ``(C) for which the Secretary has--
                            ``(i) sufficient information to support a 
                        proposed regulation for that listing; or
                            ``(ii) information indicating that 
                        proposing that listing may be appropriate, but 
                        for which further information is required to 
                        support such a proposed regulation.'';
            (3) by striking paragraph (6) (as so redesignated) and 
        inserting the following:
            ``(6) Critical habitat.--The term `critical habitat' for an 
        endangered species or threatened species or includes--
                    ``(A) the specific areas within the geographic area 
                occupied by the species, at the time the species is 
                listed in accordance with section 4, on which are found 
                physical or biological features that--
                            ``(i) are essential to the conservation of 
                        the species; and
                            ``(ii) may require special management 
                        considerations or protections; and
                    ``(B) specific areas outside the geographical area 
                occupied by the species, at the time the species is 
                listed in accordance with section 4, on a determination 
                by the Secretary that the areas are essential for the 
                conservation of the species.'';
            (4) by inserting after paragraph (6) (as so redesignated) 
        the following:
            ``(7) Cumulative impacts.--The term `cumulative impacts' 
        means the direct impacts and indirect impacts on a species or 
        its habitat that result from the incremental impact of a 
        proposed action when added to other past, present, and 
        reasonably foreseeable future actions, regardless of which 
        person undertakes such other actions.
            ``(8) Direct impacts.--The term `direct impacts' means 
        impacts that are caused by a proposed action and that occur at 
        the same time and place as the proposed action.'';
            (5) by inserting after paragraph (12) (as so redesignated) 
        the following:
            ``(13) Impacts.--The term `impacts' includes--
                    ``(A) loss of individual members of a species;
                    ``(B) diminishment of the habitat of the species, 
                both qualitatively and quantitatively;
                    ``(C) disruption of normal behavioral patterns, 
                such as breeding, feeding, and sheltering; and
                    ``(D) impairment of the ability of the species to 
                withstand random fluctuations in environmental 
                conditions.'';
            (6) by inserting after paragraph (14) (as so redesignated) 
        the following:
            ``(15) Indirect impacts.--The term `indirect impacts' means 
        impacts that are caused by a proposed action and that occur 
        later in time than, or farther removed in distance from, the 
        proposed action, but that are still reasonably foreseeable.
            ``(16) Interim habitat.--The term `interim habitat' 
        includes the habitat necessary to support current populations 
        of a species or populations that are necessary to ensure 
        survival, whichever is larger.
            ``(17) Jeopardize the continued existence of.--The term 
        `jeopardize the continued existence of' means to engage in an 
        action that reasonably would be expected, directly, indirectly, 
        or cumulatively, to reduce appreciably the likelihood of 
        recovery in the wild of any foreign or domestic species 
        included in a list published under section 4(c).
            ``(18) Minimize.--The term `minimize' means--
                    ``(A) subject to subparagraph (B), to avoid to the 
                extent possible, in designing and engaging in an 
                activity, adverse impacts to an endangered species or 
                threatened species or in the course of the activity; 
                and
                    ``(B) in the case of an activity for which it is 
                determined, after consideration of a reasonable range 
                of alternatives, that avoidance of adverse impacts to 
                the species is impossible, to design and implement the 
                activity in a manner that results in the lowest 
                possible individual and cumulative adverse impacts on 
                the species.
            ``(19) Mitigate.--The term `mitigate' means to redress 
        adverse impacts to an endangered species or threatened species 
        in connection with an action, by replacing the number of plants 
        and animals in the wild, and the value to the species of the 
        habitat, that were lost as a result of the adverse impacts.'';
            (7) by inserting after paragraph (22) (as so redesignated) 
        the following:
            ``(23) Recovery.--The term `recovery' means a condition in 
        which--
                    ``(A) the threats to a species, as determined under 
                section 4(a), have been eliminated;
                    ``(B) the species has achieved long-term viability; 
                and
                    ``(C) the protective measures under this Act are no 
                longer needed.'';
            (8) by striking paragraph (25) (as so redesignated) and 
        inserting the following:
            ``(25) Species.--The term `species' includes--
                    ``(A) any subspecies of fish or wildlife or plant;
                    ``(B) any distinct population segment of any 
                species of vertebrate fish or wildlife that interbreeds 
                when mature; and
                    ``(C) the last remaining distinct population 
                segment in the United States of any plant or 
                invertebrate species.''; and
            (9) in paragraph (26) (as so redesignated), by striking 
        ``and the Trust Territory of the Pacific Islands'' and 
        inserting ``the Freely Associated States, and (for the purposes 
        of subsections (c) and (d) of section 6), any Indian tribe''.

SEC. 102. DESIGNATION OF INTERIM AND CRITICAL HABITAT.

    (a) In General.--Section 4(a) (16 U.S.C. 1533(a)) is amended by 
striking paragraph (3) and inserting the following:
            ``(3) Interim and critical habitat.--The Secretary, by 
        regulation promulgated in accordance with subsection (b), 
        shall--
                    ``(A) subject to subparagraph (C), concurrently 
                with making a determination under paragraph (1) that a 
                species is an endangered species or threatened species, 
                designate interim habitat of the species;
                    ``(B) subject to subparagraph (C), concurrently 
                with adoption of the final recovery plan for a species 
                under subsection (f), designate critical habitat of the 
                species;
                    ``(C) in the case of a highly migratory marine 
                species, designate interim habitat and critical habitat 
                for the species to the maximum extent biologically 
                determinable; and
                    ``(D) from time to time thereafter as appropriate, 
                revise a designation under this paragraph, if the 
                Secretary determines that the revision would expedite 
                or assist the recovery of the species.''.
    (b) Basis for Determinations.--Section 4(b) (16 U.S.C. 1533(b)) is 
amended by striking paragraph (2) and inserting the following:
            ``(2) Interim and critical habitat.--
                    ``(A) Critical habitat.--The Secretary shall 
                designate critical habitat, and make revisions to the 
                designations, under subsection (a)(3)--
                            ``(i) on the basis of the best scientific 
                        data available; and
                            ``(ii) after taking into consideration the 
                        economic impact, and any other relevant impact, 
                        of specifying any particular area as critical 
                        habitat.
                    ``(B) Interim habitat.--In the case of interim 
                habitat designated at the time of listing, the 
                Secretary shall revise and finalize the habitat as 
                critical habitat concurrently with the adoption of the 
                final recovery plan.
                    ``(C) Exclusion of areas from critical habitat.--
                The Secretary may exclude any area from critical 
                habitat on the basis that the benefits of the exclusion 
                outweigh the benefits of specifying the area as part of 
                the critical habitat, if the Secretary determines, 
                based on the best scientific and commercial data 
                available, that the failure to designate the area as 
                critical habitat will not impair the recovery of the 
                species.
                    ``(D) Designation of interim habitat based on 
                biological factors.--The Secretary shall designate 
                interim habitat of a species based only on biological 
                factors, giving special consideration to habitat that 
                is, at the time of the designation, occupied by the 
                species.''.

SEC. 103. SCHEDULE FOR LISTING DETERMINATIONS.

    Section 4(b)(3)(C) (16 U.S.C. 1533(b)(3)(C)) is amended by adding 
at the end the following:
                            ``(iv) Species with existing finding of 
                        warranted action.--Not later than 1 year after 
                        the date of enactment of this clause, for each 
                        species for which a finding under subparagraph 
                        (B)(iii) was made before the date of enactment 
                        of this clause, the Secretary shall publish in 
                        the Federal Register--
                                    ``(I) a proposal to list the 
                                species as an endangered species or 
                                threatened species; or
                                    ``(II) a finding that the 
                                petitioned action is not warranted 
                                under subparagraph (B)(i).
                            ``(v) Species with new finding of warranted 
                        action.--Not later than 4 years after the date 
                        on which a finding under subparagraph (B)(iii) 
                        is published for a species for which a finding 
                        under subparagraph (B)(iii) was made on or 
                        after the date of enactment of this clause, or 
                        a date on which such a species is otherwise 
                        designated by the Secretary as a candidate 
                        species, the Secretary shall publish in the 
                        Federal Register--
                                    ``(I) a proposal to list the 
                                species as an endangered species or 
                                threatened species; or
                                    ``(II) a finding that the 
                                petitioned action is not warranted 
                                under subparagraph (B)(i).''.

SEC. 104. CONTENTS OF LISTING PETITIONS.

    Section 4(b)(3) (16 U.S.C. 1533(b)(3)) is amended by adding at the 
end the following:
                    ``(E) Contents of listing petitions.--A petition 
                referred to in subparagraph (A) shall, to the maximum 
                extent practicable, contain--
                            ``(i) a description of the current known 
                        and historic ranges of the species;
                            ``(ii) a description of the most recent 
                        population estimates and trends, if available;
                            ``(iii) a statement of the reason that the 
                        petitioned action is warranted, including a 
                        description of known or perceived threats to 
                        the species;
                            ``(iv) a bibliography of scientific 
                        literature on the species, if any, in support 
                        of the petition; and
                            ``(v) any other information that the 
                        petitioner determines is appropriate.''.

SEC. 105. RECOVERY PLANNING.

    Section 4(f) (16 U.S.C. 1533(f)) is amended--
            (1) in paragraph (1)--
                    (A) in the first sentence--
                            (i) by striking ``develop and implement 
                        plans'' and inserting ``, not later than 18 
                        months after the date on which a species is 
                        added to a list under subsection (c), develop a 
                        draft plan and, not later than 30 months after 
                        that date, develop and begin implementation of 
                        a final plan'';
                            (ii) by inserting ``each'' before 
                        ``endangered''; and
                            (iii) by striking ``, unless he finds that 
                        such a plan will not promote the conservation 
                        of the species''; and
                    (B) in the second sentence, by striking 
                subparagraph (B) and inserting the following:
            ``(B) include in each plan specific provisions, including 
        provisions required under subparagraph (C), that provide for 
the conservation in the recovery plan area of all species listed as 
endangered species or threatened species, candidate species, and 
species proposed for listing;
            ``(C) incorporate in each recovery plan for a species--
                    ``(i) a description of such site-specific 
                management actions, including identification of actions 
                of the highest priority and greatest recovery 
                potential, as may be necessary to achieve the goals of 
                the plan for the recovery of the species;
                    ``(ii) objective, measurable criteria, including 
                habitat needs and population levels, that, when met, 
                would result in a determination, in accordance with 
                this section, that the species be removed from the 
                list;
                    ``(iii) estimates of the time required and the cost 
                to carry out those measures needed to achieve the goals 
                of the plan and to achieve intermediate steps toward 
                each goal;
                    ``(iv) a general description of the types of 
                actions likely to violate the taking prohibition of 
                section 9 or the jeopardy prohibition of section 7; and
                    ``(v) a list of Federal agencies, States, tribes, 
                and local government entities, significantly affected 
                by the goals or management actions specified in the 
                recovery plan, that should complete a recovery 
                implementation plan pursuant to paragraph (5)(A); and
            ``(D) for the purposes of determining the criteria under 
        subparagraph (C)(ii), select, in consultation with the National 
        Academy of Sciences, independent scientists who--
                    ``(i) through publication of peer-reviewed 
                scientific literature, have demonstrated relevant 
                scientific expertise in that species or a similar 
                species; and
                    ``(ii) do not have, nor represent anyone with, a 
                significant economic interest in the recovery plan.''; 
                and
            (2) by striking paragraph (5) and inserting the following:
            ``(5) Recovery implementation plans.--
                    ``(A) In general.--Each Federal agency 
                significantly affected by the goals or management 
                actions specified in a final recovery plan shall 
                develop and implement a plan (referred to in this 
                paragraph as a `recovery implementation plan'), after 
                providing public notice and an opportunity for public 
                review and comment on the recovery implementation plan.
                    ``(B) Contents.--Each recovery implementation plan 
                shall--
                            ``(i) identify the affirmative conservation 
                        duties and management responsibilities of the 
                        agency that will contribute to the achievement 
                        of recovery goals identified in the final 
                        recovery plan;
                            ``(ii) specify specific agency actions, 
                        timetables, and funding required to achieve and 
                        monitor progress toward meeting recovery goals 
                        or management responsibilities;
                            ``(iii) identify any land or water under 
                        the jurisdiction or ownership of the agency 
                        that provide or may provide suitable habitat 
                        for the species;
                            ``(iv) identify any actions needed to 
                        acquire additional suitable habitat under 
                        section 5(a); and
                            ``(v) describe management actions that the 
                        agency will take on land or water under the 
                        jurisdiction or ownership of the agency to 
                        contribute toward recovery of the species.
                    ``(C) State cooperation.--Consistent with section 
                6, the Secretary shall cooperate, to the maximum extent 
                practicable, with States, tribes, and local government 
                entities, that are significantly affected by a final 
                recovery plan, to develop State cooperative plans to 
                achieve the goals and implement the management actions 
                identified in the recovery plan.''.

SEC. 106. ENDANGERED SPECIES CONSERVATION AGREEMENTS.

    Section 5 (16 U.S.C. 1534) is amended by adding at the end the 
following:
    ``(c) Endangered Species Conservation Agreements.--
            ``(1) In general.--The Secretary may enter into an 
        agreement in accordance with this subsection, to be known as an 
        `endangered species conservation agreement', with any person 
        that is an owner or lessee of real property on which will be 
        carried out conservation measures for any species described in 
        paragraph (3) in accordance with the endangered species 
        conservation agreement.
            ``(2) Required terms.--The Secretary shall include in an 
        endangered species conservation agreement with a person under 
        this subsection provisions that--
                    ``(A) require the person--
                            ``(i) to carry out on real property owned 
                        or leased by the person activities not 
                        otherwise required by law that contribute to 
                        the conservation of a species described in 
                        paragraph (3); or
                            ``(ii) to refrain from carrying out on real 
                        property owned or leased by the person 
                        otherwise lawful activities that would inhibit 
                        the conservation of a species described in 
                        paragraph (3);
                    ``(B) describe the real property referred to in 
                clauses (i) and (ii) of subparagraph (A);
                    ``(C) specify species conservation goals for the 
                activities by the person, and measures for attaining 
                the conservation goals of this subsection;
                    ``(D) require the person to make measurable 
                progress each year in achieving the goals;
                    ``(E) specify actions to be taken by the Secretary 
                or the person, or both, to monitor the effectiveness of 
the endangered species conservation agreement in attaining the goals;
                    ``(F) require the person to notify the Secretary 
                if--
                            ``(i) any right or obligation of the person 
                        under the endangered species conservation 
                        agreement is assigned to any other person; or
                            ``(ii) any term of the endangered species 
                        conservation agreement is breached by the 
                        person or any other person to whom is assigned 
                        a right or obligation of the person under the 
                        endangered species conservation agreement;
                    ``(G) specify the date on which the endangered 
                species conservation agreement takes effect; and
                    ``(H) provide that the endangered species 
                conservation agreement shall not be in effect on and 
                after any date on which the Secretary publishes a 
                certification under paragraph (5) that the person has 
                not complied with the endangered species conservation 
                agreement.
            ``(3) Covered species.--A species referred to in clauses 
        (i) and (ii) of paragraph (2)(A) is any species that is--
                    ``(A) listed as an endangered species or threatened 
                species under section 4;
                    ``(B) proposed for such listing under section 4; or
                    ``(C) identified by the Secretary as a candidate 
                for such listing under section 4.
            ``(4) Review and approval of proposed endangered species 
        conservation agreements by secretary.--On submission by any 
        person of a proposed endangered species conservation agreement 
        under this subsection, the Secretary shall--
                    ``(A) review the proposed endangered species 
                conservation agreement and determine whether the 
                endangered species conservation agreement complies with 
                the requirements of this subsection; and
                    ``(B) if the Secretary determines that the 
                endangered species conservation agreement complies with 
                the requirements of this subsection--
                            ``(i) approve the endangered species 
                        conservation agreement and enter into the 
                        endangered species conservation agreement with 
                        the person; and
                            ``(ii) promptly notify the Secretary of the 
                        Treasury that the endangered species 
                        conservation agreement has been entered into 
                        and specify the date on which the endangered 
                        species conservation agreement takes effect.
            ``(5) Monitoring implementation of endangered species 
        conservation agreements.--The Secretary shall--
                    ``(A) periodically monitor the implementation of 
                each endangered species conservation agreement entered 
                into under this subsection; and
                    ``(B) based on the information obtained from the 
                monitoring, annually certify to the Secretary of the 
                Treasury whether or not each person that has entered 
                into an endangered species conservation agreement under 
                this subsection has complied with the endangered 
                species conservation agreement.
            ``(6) State cooperation.--The Secretary shall establish a 
        technical assistance program in cooperation with the States to 
        assist landowners in the development and implementation of 
        endangered species conservation agreements.''.

SEC. 107. INTERAGENCY COOPERATION.

    (a) Federal Agency Actions and Consultations.--Section 7(a) (16 
U.S.C. 1536(a)) is amended--
            (1) in the second sentence of paragraph (1)--
                    (A) by striking ``All other Federal agencies'' and 
                inserting ``Each other Federal agency'';
                    (B) by striking ``their'' and inserting ``its''; 
                and
                    (C) by inserting before the period the following: 
                ``, including recovery actions identified in recovery 
                implementation plans of the agency'';
            (2) in the first sentence of paragraph (2), by inserting 
        after ``to be critical,'' the following: ``in such a way as to 
        diminish the value of that habitat for the recovery of the 
        species,''; and
            (3) by adding at the end the following:
            ``(5) Consultation with secretary concerning candidate 
        species.--
                    ``(A) In general.--Any Federal agency may consult 
                with the Secretary regarding any action that may affect 
any candidate species or species proposed for listing under section 
4(c).
                    ``(B) Additional consultation.--If consultation 
                under this paragraph is completed before the listing of 
                the species--
                            ``(i) no additional consultation is 
                        required solely as a consequence of the 
                        subsequent listing of the species, if the 
                        Secretary determines that there have been no 
                        significant changes in the agency proposal and 
                        that there is no significant new information 
                        that was not considered in the original 
                        consultation; and
                            ``(ii) the Secretary shall reinitiate 
                        consultation under paragraph (2), if the 
                        Secretary determines that there has been a 
                        significant change in the agency proposal or 
                        that there is significant new information that 
                        was not considered in the original 
                        consultation.
                    ``(C) Notification of change or new information.--A 
                Federal agency shall notify the Secretary of any 
                significant change in, or significant new information 
                regarding, any action regarding which the agency 
                consulted with the Secretary under this paragraph.
            ``(6) Monitoring.--The head of each Federal agency shall 
        monitor the status and trends of endangered species, threatened 
        species, and candidate species that occur on land or in water 
        under the jurisdiction or ownership of the agency.''.
    (b) Opinion of Secretary.--Section 7(b) (16 U.S.C. 1536(b)) is 
amended--
            (1) by striking paragraph (3) and inserting the following:
            ``(3) Statement of opinion of secretary.--
                    ``(A) In general.--Promptly after conclusion of 
                consultation under paragraph (2), (3), or (5) of 
                subsection (a), the Secretary shall provide to the 
                Federal agency and the applicant, if any, a written 
                statement setting forth the Secretary's opinion, and a 
                summary of the information on which the opinion is 
                based, detailing how the agency action affects the 
                species or its critical habitat, including a 
                description of the quantity of habitat and the number 
                of members of the species that will be taken, and 
                conservation actions to minimize and mitigate the 
                impacts of any incidental taking that may result from 
                the action.
                    ``(B) Alternatives.--If jeopardy or adverse 
                modification is found, the Secretary shall suggest 
                those reasonable and prudent alternatives that the 
                Secretary believes would not violate subsection (a)(2) 
                and that can be taken by the Federal agency or 
                applicant in implementing the agency action.'';
            (2) in paragraph (4)--
                    (A) in subparagraphs (A) and (B), by striking 
                ``violate such subsection'' each place it appears and 
                inserting ``interfere with the timely achievement of 
                recovery goals'';
                    (B) in clause (ii), by inserting ``and mitigate'' 
                after ``minimize'';
                    (C) in clause (iii), by striking ``and'' after the 
                comma at the end;
                    (D) in clause (iv), by striking the period at the 
                end and inserting ``, and''; and
                    (E) by adding at the end the following:
            ``(v) directs the Federal agency to assess and report to 
        the Secretary not later than 2 years after the date of issuance 
        of the written statement and every 2 years thereafter for as 
        long as any incidental taking continues, the quantity of the 
        incidental taking that has occurred as a direct impact, 
        indirect impact, or cumulative impact.
If an assessment under clause (v) indicates that the quantity of 
incidental taking authorized under the written statement has been 
exceeded, the Federal agency shall immediately reinitiate consultation 
with the Secretary pursuant to subsection (a)(2).''; and
            (3) by adding at the end the following:
            ``(5) Notice of consultation and action.--
                    ``(A) In general.--On receipt of a request to 
                initiate consultation under paragraph (2), (3), or (5) 
                of subsection (a), the Secretary shall promptly publish 
                a notice in the Federal Register announcing that the 
                consultation has been initiated and briefly describing 
                the proposed agency action.
                    ``(B) Availability of information.--The Secretary 
                shall make available on request any information in the 
                possession or control of the Secretary concerning the 
                consultation or the opinion prepared pursuant to this 
                subsection with respect to the consultation.
            ``(6) Independent scientists.--In preparing an opinion 
        pursuant to this subsection, the Secretary shall invite 
        independent scientists described in section 4(f)(1)(D) with 
        expertise on species that may be affected by the proposed 
        agency action to provide input into the consultation or 
        opinion.
            ``(7) Publication of findings and reasons.--Not later than 
        30 days after the date on which the Secretary provides a 
        written statement under paragraph (3) to the Federal agency and 
        the applicant for a permit, if any, the Secretary shall publish 
        in the Federal Register a description of the findings and 
        reasons of the Secretary for making any determination under 
        this subsection.''.
    (c) Biological Assessment.--Section 7(c)(1) (16 U.S.C. 1536(c)(1)) 
is amended in the last sentence by striking ``Such assessment may be 
undertaken'' and inserting ``The assessment shall be made available to 
the public and may be undertaken''.
    (d) Foreign Species.--Section 7 (16 U.S.C. 1536) is amended by 
adding at the end the following:
    ``(q) Foreign Species.--This section shall apply to any agency 
action with respect to any endangered species, threatened species, 
species proposed to be added to a list under section 4(c), or candidate 
species carried out in whole or in part, in the United States, in a 
foreign country, or on the high seas.''.
    (e) Streamlining and Consolidating Interagency Cooperation.--
Section 7 (16 U.S.C. 1536) (as amended by subsection (d)) is amended by 
adding at the end the following:
    ``(r) Regulations To Ensure Timely Conclusion of Consultations.--
            ``(1) Definition of ecosystem.--In this subsection, the 
        term `ecosystem' means a dynamic complex of organisms and 
        biological communities, and their associated nonliving 
        environment, interacting together as an ecological unit.
            ``(2) Requirement.--Not later than 1 year after the date of 
        enactment of this subsection, the Secretary, in cooperation 
        with the States, shall promulgate regulations to ensure timely 
        conclusion of consultations under this section.
            ``(3) Content.--Regulations under this subsection shall 
        provide that--
                    ``(A) consultations and conferences under this 
                section between the Secretary and a Federal agency 
                shall, to the maximum extent practicable and if 
                approved by the Secretary, encompass a number of 
                similar or related agency actions to be undertaken 
                within a particular geographical range or ecosystem; 
                and
                    ``(B) the Secretary shall, to the maximum extent 
                practicable, consolidate requests for consultations or 
                conferences from various Federal agencies whose 
                proposed actions may affect endangered species, 
                threatened species, or candidate species that are 
                dependent on the same ecosystem.''.

SEC. 108. PERMITS AND CONSERVATION PLANS.

    Section 10 (16 U.S.C. 1539) is amended by striking subsection (a) 
and inserting the following:
    ``(a) Permits.--
            ``(1) In general.--The Secretary may permit, under the 
        terms and conditions provided for in this section--
                    ``(A) any act otherwise prohibited by section 9 for 
                scientific purposes or to enhance the propagation or 
                survival of the affected species, or the conservation 
                of the species in the wild, such as acts necessary for 
                the conservation, establishment, and maintenance of 
                experimental populations pursuant to subsection (j); or
                    ``(B) any taking otherwise prohibited by section 
                9(a)(1) if the taking is incidental to, and not the 
                purpose of, the carrying out of an otherwise lawful 
                activity.
            ``(2) Duration.--The Secretary shall limit the duration of 
        a permit under paragraph (1) as necessary to ensure that 
        changes in circumstances that could occur in the period covered 
        by the permit and that would jeopardize the continued existence 
        of the species are reasonably foreseeable.
            ``(3) Conservation plan.--
                    ``(A) In general.--No permit may be issued by the 
                Secretary authorizing any taking referred to in 
                paragraph (1)(B) unless the applicant for the permit 
                submits to the Secretary a conservation plan in 
                accordance with this paragraph that is based on the 
                best scientific and commercial information available.
                    ``(B) Contents.--A conservation plan under this 
                paragraph shall provide a description and analysis of--
                            ``(i) the specific activities sought to be 
                        authorized by the permit;
                            ``(ii) a reasonable range of alternative 
                        actions to the taking of each species covered 
                        by the plan;
                            ``(iii) the individual and cumulative 
                        impacts that may reasonably be anticipated to 
                        result from the permitted activities covered by 
                        the plan, including the impacts of modification 
                        or destruction of habitat of species authorized 
                        under the permit;
                            ``(iv) objective, measurable biological 
                        goals to be achieved for each species covered 
                        by the plan;
                            ``(v) the conservation measures that the 
                        applicant will implement to minimize and 
                        mitigate the impacts described in clause (iii), 
                        including--
                                    ``(I) the specific conservation 
                                measures for achieving the biological 
                                goals of the plan; and
                                    ``(II) any additional requirements 
                                or restrictions or other adaptive 
                                management provisions that are 
                                necessary to respond to all reasonably 
                                foreseeable changes in circumstances 
                                that would jeopardize the continued 
                                existence of any species covered by the 
                                plan, including new scientific 
                                information and changing environmental 
                                conditions, including natural 
                                disasters;
                            ``(vi) the reasonably anticipated costs of 
                        the measures described in clause (v);
                            ``(vii) the actions that the applicant will 
                        take to monitor--
                                    ``(I) the effectiveness of the 
                                plan's conservation measures in 
                                achieving the plan's biological goals; 
                                and
                                    ``(II) impacts on the recovery of 
                                each species;
                            ``(viii) funding that will be available to 
                        the applicant, throughout the term of the plan, 
                        to implement the plan and the conservation 
                        measures specified in the plan; and
                            ``(ix) such other matters as the Secretary 
                        determines are necessary or appropriate for the 
                        purposes of carrying out the plan.
                    ``(C) Findings.--The Secretary shall not issue a 
                permit under paragraph (1)(B) for the taking of any 
                species unless the Secretary finds, after opportunity 
                for public comment with respect to a permit application 
and the related conservation plan, that--
                            ``(i) the conservation plan submitted for 
                        the permit meets all of the requirements of 
                        this paragraph;
                            ``(ii) the taking will be incidental;
                            ``(iii) the applicant will minimize and 
                        mitigate the individual impacts and cumulative 
                        impacts of the taking;
                            ``(iv) the activities authorized by the 
                        permit and conservation plan are consistent 
                        with the recovery of the species and will 
                        result in no net loss of the value to the 
                        species of the habitat occupied by the species;
                            ``(v) the applicant has, in accordance with 
                        paragraph (9), filed a performance bond or 
                        other evidence of financial security to ensure 
                        adequate funding for each element of the 
                        conservation plan; and
                            ``(vi) the permit contains--
                                    ``(I) such terms and conditions as 
                                are necessary or appropriate to carry 
                                out this paragraph and ensure 
                                implementation of the conservation plan 
                                by the applicant; and
                                    ``(II) such reporting and 
                                monitoring requirements as are 
                                necessary for determining whether the 
                                terms and conditions are being complied 
                                with.
                    ``(D) Reports on biological status and goals.--
                            ``(i) In general.--Each permit shall 
                        require the permittee to provide to the 
                        Secretary, not later than 1 year after the date 
                        of issuance of the permit and at least once 
                        each year thereafter during the term of the 
                        permit, a complete report on--
                                    ``(I) the biological status of the 
                                species in the affected area;
                                    ``(II) the impacts of the habitat 
                                conservation plan and the permitted 
                                action on the species; and
                                    ``(III) whether the biological 
                                goals of the plan are being met.
                            ``(ii) Availability to public.--The 
                        Secretary shall make reports required under 
                        this subparagraph available to the public.
                    ``(E) Additional conservation measures.--
                            ``(i) In general.--If necessary to ensure 
                        that the permitted action does not jeopardize 
                        the continued existence of any species affected 
                        by the permitted action, the Secretary shall 
                        require a permittee to implement conservation 
                        measures in addition to the conservation 
                        measures specified in the plan.
                            ``(ii) Cost sharing.--The Secretary shall 
                        pay the costs of any additional conservation 
                        measures required under this subparagraph that 
                        are in excess of the reasonably anticipated 
                        costs specified in the plan.
            ``(4) Review by secretary.--
                    ``(A) In general.--Every 3 years after the date of 
                approval of a permit application and conservation plan 
                under this section, the Secretary shall review and 
                report on the progress toward implementation of the 
                terms and conditions of the permit and plan and make 
                recommendations on actions necessary to ensure that--
                            ``(i) the terms and conditions do not 
                        jeopardize the continued existence of any 
                        species;
                            ``(ii) progress is being made toward 
                        achieving the biological goals of the plan; and
                            ``(iii) the requirements, goals, and 
                        purposes of this Act are being met.
                    ``(B) Availability to public.--The Secretary shall 
                annually--
                            ``(i) prepare and make publicly available a 
                        report on the status of all permits reviewed 
                        pursuant to this paragraph since the date of 
                        the last report; and
                            ``(ii) publish in the Federal Register a 
                        notice of the availability of the most recent 
                        report.
            ``(5) Permit revocation.--The Secretary shall revoke a 
        permit issued under this section and issue an order suspending 
        activities allowed under the permit that may be reasonably 
        expected to cause a taking of any species covered by the 
        permit, if--
                    ``(A) the permittee is not in compliance with the 
                terms and conditions of the permit, the requirements of 
                this Act, and the regulations issued under this Act, 
                including any failure by a permittee to substantially 
                comply with the conservation plan required for a permit 
                issued under paragraph (1)(B); or
                    ``(B) the level of the taking authorized by the 
                permit has been exceeded.
            ``(6) Actions by secretary on failure by permittee.--
                    ``(A) In general.--If a permittee defaults on any 
                obligation of the permittee under a permit issued under 
                paragraph (1)(B) or a conservation plan required for 
                the permit, the Secretary shall undertake actions to 
                conserve each species covered by the plan and permit.
                    ``(B) Funding.--To carry out actions required under 
                subparagraph (A) with respect to a default by a 
                permittee, the Secretary may use--
                            ``(i) the proceeds of the performance bond 
                        or other financial security under paragraph (9) 
                        provided by the permittee; and
                            ``(ii) amounts in the Habitat Conservation 
                        Plan Fund established by paragraph (10).
            ``(7) Low effect, small scale plans.--
                    ``(A) In general.--The Secretary shall develop and 
                implement a streamlined application and approval 
                procedure for a permit issued under paragraph (1)(B) 
                and related conservation plan that the Secretary 
                determines to be a low effect, small scale plan.
                    ``(B) Prerequisites.--A permit and related 
                conservation plan may be treated as a low effect, small 
                scale permit and plan if--
                            ``(i) the permitted action is expected to 
                        be of less than 5 years in duration;
                            ``(ii) the conservation plan is applicable 
                        to an area of less than 5 acres;
                            ``(iii) the affected acreage is not 
                        adjacent to other land that has been the 
                        subject of a permit issued under this section 
                        within the preceding 5 years to the same 
                        person, or as part of the same project;
                            ``(iv) the permitted action is not part of 
                        a single larger project that will have 
                        additional impacts on the endangered species or 
                        threatened species;
                            ``(v) the Secretary determines that the 
                        plan will have a negligible cumulative impact 
                        and individual impact on the recovery of the 
                        endangered species or threatened species; and
                            ``(vi) the permitted action is not related 
                        to other actions that will have additional 
                        impacts on the endangered species or threatened 
                        species.
                    ``(C) Related actions.--For the purposes of 
                subparagraph (B)(vi), actions shall be considered 
                related if they--
                            ``(i) automatically trigger other actions 
                        that may affect endangered species or 
                        threatened species;
                            ``(ii) cannot or will not proceed unless 
                        other actions are taken previously or 
                        simultaneously; or
                            ``(iii) are interdependent on parts of a 
                        larger action and depend on the larger action 
                        for their justification.
                    ``(D) Monitoring.--
                            ``(i) In general.--The Secretary shall 
                        monitor the implementation and results of low 
                        effect, small scale permits and conservation 
                        plans to ensure that the permits and plans do 
                        not jeopardize the continued existence of any 
                        endangered species or threatened species.
                            ``(ii) Additional requirements or 
                        restrictions.--If the Secretary determines that 
                        additional requirements or restrictions are 
                        required to ensure that actions authorized by a 
                        low effect, small scale conservation plan do 
                        not jeopardize the continued existence of any 
                        species determined to be an endangered species 
                        or threatened species after the plan was 
                        approved, the Secretary shall require 
                        appropriate modifications to the plan to 
                        implement those requirements or restrictions.
                            ``(iii) Cost sharing.--The Secretary shall 
                        pay all costs of implementing additional 
                        requirements or restrictions required under 
                        clause (ii).
                    ``(E) Financial security.--The permittee for which 
                a low effect, small scale permit and conservation plan 
                is approved under this paragraph shall not be required 
                to provide a performance bond or other financial 
                security under paragraph (9).
            ``(8) Monitoring.--The Secretary shall monitor the 
        implementation and results of all conservation plans approved 
        under this subsection to ensure that the plans do not 
        jeopardize the continued existence of any endangered species or 
        threatened species.
            ``(9) Performance bonds.--
                    ``(A) In general.--After the approval of an 
                incidental taking permit under paragraph (1)(B) and 
                associated conservation plan in accordance with this 
                subsection, but before the permit is issued, the 
                applicant shall--
                            ``(i) file with the Secretary a performance 
                        bond payable to the United States, and 
                        conditional on faithful performance of all the 
                        requirements of the permit; or
                            ``(ii) deposit another form of financial 
                        security, payable to the United States, in a 
                        form and manner approved by the Secretary, and 
                        conditional on such faithful performance, 
                        having a cash or market value, as applicable, 
                        equal to or greater than the amount of a 
                        performance bond otherwise required under 
                        clause (i).
                    ``(B) Amount.--The amount of the bond or deposit of 
                other financial security required for each permit shall 
                be--
                            ``(i) determined by the Secretary;
                            ``(ii) based on the mitigation requirements 
                        needed to meet the biological goals of the 
                        conservation plan; and
                            ``(iii) sufficient to ensure the completion 
                        of all conservation measures to be implemented 
                        by the permittee under the conservation plan 
                        that are specified in the plan.
                    ``(C) Phased or adjusted bonds or deposits.--In the 
                case of a bond or deposit of other financial security 
                required for a large-scale conservation plan (as 
                defined in paragraph (12)(A)), or a conservation plan 
                for which the reasonably foreseeable costs may be 
                prohibitive, the Secretary may authorize the use of--
                            ``(i) phased bonds or deposits, by which 
                        the permittee may divide the area or actions 
covered by the conservation plan into discrete sections and execute a 
separate bond or deposit for each section before undertaking any action 
on that section; or
                            ``(ii) adjusted bonds or deposits, through 
                        which the amount of the bond or deposits 
                        required and the terms of acceptance of a bond 
                        or deposits shall be adjusted by the Secretary 
                        from time to time as the extent of actions that 
                        affect endangered species or threatened species 
                        increases or decreases.
                    ``(D) Execution.--The bond or deposits shall be 
                executed by the permittee and a corporate surety or 
                depository, respectively.
                    ``(E) Release of bond or deposit.--
                            ``(i) In general.--The permittee may file a 
                        request with the Secretary for the release of 
                        all or any part of a performance bond or 
                        deposit of any other financial security 
                        required under this paragraph.
                            ``(ii) Notice and comment.--Not later than 
                        30 days after any request for release has been 
                        filed with the Secretary, the Secretary shall--
                                    ``(I) file notice of the request in 
                                the Federal Register; and
                                    ``(II) provide opportunity for 
                                public comment before making a decision 
                                under clause (iii).
                            ``(iii) Review.--Not later than 30 days 
                        after receipt of the request, the Secretary 
                        shall conduct a review of the implementation of 
                        the conservation plan to determine whether--
                                    ``(I) the requirements of the plan 
                                have been fully implemented;
                                    ``(II) the plan has achieved its 
                                biological goals; and
                                    ``(III) no further action is needed 
                                to ensure that the permitted action is 
                                not jeopardizing the existence of the 
                                species covered by the plan.
                            ``(iv) Notice of decision.--Not later than 
                        90 days after receipt of the request, the 
                        Secretary shall notify the permittee in writing 
                        of the decision of the Secretary to release or 
                        not to release all or part of the bond or 
                        deposit.
                            ``(v) Notice of reasons for no release.--If 
                        the Secretary does not release any portion of 
                        the bond or deposit, the Secretary shall notify 
                        the permittee in writing of the reasons that 
                        the portion was not released and recommended 
                        corrective actions necessary to secure that 
                        release.
            ``(10) Habitat conservation plan fund.--
                    ``(A) Establishment.--There is established in the 
                Treasury a separate account to be known as the `Habitat 
                Conservation Plan Fund' (referred to in this paragraph 
                as the `Fund').
                    ``(B) Contents.--The Fund shall consist of--
                            ``(i) donations to the Fund;
                            ``(ii) appropriations to the Fund;
                            ``(iii) amounts received by the United 
                        States as fees charged for permits under this 
                        section;
                            ``(iv) amounts received by the United 
                        States as natural resource damages under 
                        section 11(i); and
                            ``(v) the proceeds of performance bonds and 
                        other deposits of financial security under 
                        paragraph (9).
                    ``(C) Use.--Amounts in the Fund shall be available 
                to the Secretary until expended, without further 
                appropriation, to pay the cost of--
                            ``(i) additional conservation measures 
                        required under paragraph (3)(E) and additional 
                        requirements and restrictions required under 
                        paragraph (7)(C)(iii) for recovery of a 
                        species;
                            ``(ii) actions by the Secretary to conserve 
                        species under paragraph (6);
                            ``(iii) permitting with respect to which 
                        fees are deposited in the Fund under 
                        subparagraph (B)(iii); and
                            ``(iv) restoration or replacement of 
                        natural resources with respect to which natural 
                        resource damages are deposited in the Fund 
                        under subparagraph (B)(iv).
            ``(11) Multiple landowner, multispecies planning.--
                    ``(A) In general.--The Secretary shall encourage 
                the development of multiple landowner, multispecies 
                conservation plans, that--
                            ``(i) make a significant contribution to 
                        the recovery of an endangered species or 
                        threatened species;
                            ``(ii) rely on the best available 
                        scientific information;
                            ``(iii) rely, to the maximum extent 
                        practicable, on ecosystem planning; and
                            ``(iv) maintain the well-being of other 
                        species located within the planning area.
                    ``(B) Streamlining of permitting processes across 
                jurisdictions.--
                            ``(i) In general.--To encourage the 
                        development of the plans, the Secretary shall 
                        cooperate, to the maximum extent practicable, 
                        with States and local governments to streamline 
                        permitting processes across jurisdictions.
                            ``(ii) Large-scale conservation plans.--The 
                        cooperation shall include issuing permits under 
                        paragraph (1)(B) to a State, local government, 
                        or group of local governments for large-scale 
                        conservation plans that involve more than 1 
                        landowner.
                    ``(C) Incidental taking certificates.--A permit 
                under subparagraph (B)(ii) may authorize the State, 
                local government, or group of local governments to 
                issue incidental taking certificates to landowners that 
                authorize takings under the authority of the permit 
within the jurisdiction of the State, local government, or group of 
local governments, if--
                            ``(i) the State, local government, or group 
                        of local governments meets the performance bond 
                        or other financial security requirements under 
                        paragraph (9) with respect to all such 
                        certificates, or each certificate is effective 
                        only after the landowner to whom the 
                        certificate is issued has met those 
                        requirements with respect to the certificate;
                            ``(ii) the State, local government, or 
                        group of local governments ensures that all 
                        incidental taking certificates issued under the 
                        permit are consistent with the permit and 
                        approved habitat conservation plan;
                            ``(iii) the State, local government, or 
                        group of local governments provides adequate 
                        public notice and opportunity to comment on 
                        decisions to issue incidental taking 
                        certificates; and
                            ``(iv) the Secretary and the State, local 
                        government, or group of local governments have 
                        adequate authority to enforce the terms and 
                        conditions of the incidental taking 
                        certificates.
                    ``(D) Encouragement of plans.--The Secretary 
                shall--
                            ``(i) ensure the participation of a broad 
                        range of public and private interests in the 
                        development of the plan;
                            ``(ii) provide technical assistance to the 
                        maximum extent practicable; and
                            ``(iii) give the plans priority 
                        consideration for funding under section 6.
                    ``(E) Pooled bonds or deposits.--The Secretary may 
                approve the use of pooled bonds or deposits in order to 
                meet the requirements of paragraph (9) for plans 
                approved under this paragraph that--
                            ``(i) do not meet the requirements of 
                        subparagraph (C); and
                            ``(ii) involve more than 1 landowner.
            ``(12) Citizen participation; independent scientists.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Agency involvement.--The term `agency 
                        involvement' means any role played by the 
                        Secretary in the development of a conservation 
                        plan under paragraph (3).
                            ``(ii) Independent scientist.--The term 
                        `independent scientist' means a scientist that 
                        meets the criteria specified in section 
                        4(f)(1)(D).
                            ``(iii) Large-scale conservation plan.--The 
                        term `large-scale conservation plan' means a 
                        conservation plan that covers a significant 
                        portion of the range of an endangered species, 
                        threatened species, candidate species, or 
                        species proposed for listing under section 4.
                    ``(B) Notice and comment.--The Secretary may issue 
                a permit under this section only after--
                            ``(i) notice of the receipt of an 
                        application for the permit has been published 
                        in the Federal Register;
                            ``(ii) at least a 60-day public comment 
                        period has been provided; and
                            ``(iii) a notice of permit approval has 
                        been published in the Federal Register with 
                        agency responses to public comments.
                    ``(C) Agency involvement.--
                            ``(i) In general.--On receipt of request 
                        for involvement by an agency in the development 
                        of a large-scale conservation plan pursuant to 
                        paragraphs (3)(A) and (11), the Secretary shall 
                        promptly publish a notice in the Federal 
                        Register announcing the agency's involvement 
                        and briefly describing the activities that 
                        would be permitted under the plan.
                            ``(ii) Availability of information.--The 
                        Secretary shall make available, on request, any 
                        information in the Secretary's possession or 
                        control concerning the planning efforts.
                    ``(D) Public participation.--
                            ``(i) In general.--The Secretary shall 
                        invite members of the public to participate in 
                        the development of large-scale conservation 
                        plans and multiple landowner, multispecies 
                        plans.
                            ``(ii) Balanced development process.--The 
                        Secretary shall promulgate regulations 
                        establishing a development process under this 
                        paragraph that ensures an equitable balance of 
                        participation between--
                                    ``(I) citizens with a primary 
                                interest in carrying out economic 
                                development activities that may affect 
                                species conservation; and
                                    ``(II) citizens whose primary 
                                interest is in species conservation.
                            ``(iii) Meetings.--A meeting of 
                        participants under this subparagraph shall not 
                        be subject to the Federal Advisory Committee 
                        Act (5 U.S.C. App.), but shall be open to the 
                        public.
                    ``(E) Independent scientists.--On receipt of a 
                request for involvement by an agency in the development 
                of a large-scale conservation plan, the Secretary shall 
                invite independent scientists with expertise on species 
                that may be affected by the plan to provide input.
            ``(13) Community assistance program.--
                    ``(A) Establishment.--The Secretary shall establish 
                a community assistance program to provide timely and 
                accurate information to local governments and property 
                owners in accordance with subparagraph (B).
                    ``(B) Field office employees.--Under the community 
                assistance program, the Secretary shall assign to each 
                field office of the United States Fish and Wildlife 
                Service employees whose duties include--
                            ``(i) providing accurate, timely 
                        information on local impacts of determinations 
                        that species are endangered species or 
                        threatened species, recovery planning efforts, 
                        and other actions under this Act;
                            ``(ii) providing assistance on obtaining 
                        permits under this section and otherwise 
                        complying with this Act;
                            ``(iii) serving as a focal point for 
                        questions, requests, complaints, and 
                        suggestions from property owners and local 
                        governments concerning the policies and 
                        activities of the United States Fish and 
                        Wildlife Service or other Federal agencies in 
                        the implementation of this Act; and
                            ``(iv) training Federal personnel on public 
                        outreach efforts under this Act.''.

SEC. 109. CITIZEN SUITS.

    Section 11(g) (16 U.S.C. 1540(g)) is amended--
            (1) in paragraph (1)(A), by striking ``in violation'' and 
        all that follows through the end of the subparagraph and 
        inserting ``in violation of this Act, any regulation or permit 
        issued under this Act, any statement provided by the Secretary 
        under section 7(b)(3), or any agreement concluded under this 
        Act;''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A)(i), by inserting before the 
                semicolon at the end the following ``, except that 
                notwithstanding this clause such an action may be 
                brought immediately after the notice in the case of an 
                action against any person regarding an emergency posing 
                a significant risk to any species of fish, wildlife, or 
                plant included in a list under section 4(c) or proposed 
                for inclusion in such a list''; and
                    (B) in subparagraph (B)(i), by inserting before the 
                semicolon at the end the following: ``, except that 
                notwithstanding this clause such an action may be 
                brought immediately after such notice in the case of an 
                action under this section against any person regarding 
                an emergency posing a significant risk to any species 
                of fish, wildlife, or plant included in a list under 
                section 4(c)''.

SEC. 110. NATURAL RESOURCE DAMAGE LIABILITY.

    Section 11 (16 U.S.C. 1540) is amended by adding at the end the 
following:
    ``(i) Natural Resource Damage Liability.--
            ``(1) In general.--Any person that, in violation of this 
        Act, negligently damages any member or habitat of a species 
        included in a list under section 4(c) shall be liable to--
                    ``(A) the United States for the costs incurred by 
                the United States in restoring or replacing the member 
                or habitat, including reasonable costs of assessing the 
                damage; and
                    ``(B) a State for the costs incurred by the State 
                in restoring or replacing the member or habitat under a 
                management agreement with the Secretary under section 
                6(a) or a cooperative agreement with the Secretary 
                under section 6(c), including reasonable costs of 
                assessing the damage.
            ``(2) Deposit.--Amounts received by the United States under 
        this subsection--
                    ``(A) shall be deposited in the Habitat 
                Conservation Plan Fund established by section 
                10(a)(10); and
                    ``(B) may be obligated only for the acquisition or 
                rehabilitation of damaged habitat or populations.
            ``(3) Civil actions by secretary.--The Secretary may 
        commence a civil action on behalf of the United States under 
        this subsection.
            ``(4) Notice.--No action may be commenced under this 
        subsection by the Secretary or a State before the end of the 
        60-day period beginning on the date on which the Secretary or 
        the State, respectively, provides written notice of the action 
        to the person against whom the action is commenced.''.

SEC. 111. AUTHORIZATION OF 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 Secretary of the Interior for carrying out 
        this Act--
                    ``(A) $135,000,000 for fiscal year 2001;
                    ``(B) $140,000,000 for fiscal year 2002;
                    ``(C) $145,000,000 for fiscal year 2003;
                    ``(D) $150,000,000 for fiscal year 2004; and
                    ``(E) $155,000,000 for fiscal year 2005; and
            ``(2) to the Secretary of Commerce for carrying out this 
        Act--
                    ``(A) $35,000,000 for fiscal year 2001;
                    ``(B) $40,000,000 for fiscal year 2002;
                    ``(C) $45,000,000 for fiscal year 2003;
                    ``(D) $50,000,000 for fiscal year 2004; and
                    ``(E) $55,000,000 for fiscal year 2005.
    ``(b) Convention Implementation.--In addition to other amounts 
authorized by this section, there are authorized to be appropriated to 
the Secretary of the Interior for carrying out functions under section 
8 relating to implementation of the Convention on International Trade 
in Endangered Species of Wild Fauna and Flora--
            ``(1) $3,000,000 for fiscal year 2001; and
            ``(2) $4,000,000 for each of fiscal years 2002 and 2003.
    ``(c) Habitat Conservation Plan Fund.--In addition to other amounts 
authorized by this section, there is authorized to be appropriated to 
the Habitat Conservation Plan Fund established by section 10(a)(10) 
$20,000,000 for each of fiscal years 2001, 2002, and 2003.
    ``(d) Cooperative Agreement Funds.--In addition to other amounts 
authorized by this section, there are authorized to be appropriated--
            ``(1) to the Secretary of the Interior for entering into 
        cooperative agreements under section 6 with States and Indian 
        tribes, $20,000,000 for each of fiscal years 2001, 2002, and 
        2003; and
            ``(2) to the Secretary of Commerce for entering into 
        cooperative agreements under section 6 with States and Indian 
        tribes, $5,000,000 for each of fiscal years 2001, 2002, and 
        2003.''.

             TITLE II--SPECIES CONSERVATION TAX INCENTIVES

SEC. 201. TAX EXCLUSION FOR COST-SHARING PAYMENTS UNDER PARTNERS FOR 
              FISH AND WILDLIFE PROGRAM.

    (a) In General.--Section 126(a) of the Internal Revenue Code of 
1986 (relating to certain cost-sharing payments) is amended by 
redesignating paragraph (10) as paragraph (11) and by inserting after 
paragraph (9) the following:
            ``(10) The Partners for Fish and Wildlife Program 
        authorized by the Fish and Wildlife Act of 1956 (16 U.S.C. 742a 
        et seq.).''.
    (b) Effective Date.--The amendments made by this section shall 
apply to payments received after the date of the enactment of this Act.

SEC. 202. ENHANCED DEDUCTION FOR THE DONATION OF A CONSERVATION 
              EASEMENT.

    (a) In General.--Subparagraph (A) of section 170(h)(4) of the 
Internal Revenue Code of 1986 (defining conservation purpose) is 
amended by striking ``or'' at the end of clause (iii), by striking the 
period at the end of clause (iv) and inserting ``, or'', and by adding 
at the end the following:
                            ``(v) the conservation of a species 
                        designated by the Secretary of the Interior or 
                        the Secretary of Commerce under the Endangered 
                        Species Act of 1973 (16 U.S.C. 1531 et seq) as 
                        endangered or threatened, proposed by such 
                        Secretary for designation as endangered or 
                        threatened, or identified by such Secretary as 
                        a candidate for such designation, provided the 
                        property is not required, as of the date of 
                        contribution, to be used for such purpose other 
                        than by reason of the terms of contribution.''.
    (b) Enhanced Deductions.--Subsection (e) of section 170 of the 
Internal Revenue Code of 1986 (defining qualified conservation 
contribution) is amended by adding at the end the following:
            ``(7) Special rules for contributions related to 
        conservation of species.--In the case of a qualified 
        conservation contribution by an individual for the conservation 
        of endangered or threatened species, proposed species, or 
        candidate species under subsection (h)(4)(v):
                    ``(A) 50 percent limitation to apply.--Such a 
                contribution shall be treated for the purposes of this 
                section as described in subsection (b)(l)(A).
                    ``(B) 20-year carry forward.--Subsection (d)(1) 
                shall be applied by substituting `20 years' for `5 
                years' each place it appears and with appropriate 
                adjustments in the application of subparagraph (A)(ii) 
                thereof.
                    ``(C) Unused deduction carryover allowed on 
                taxpayer's last return.--If the taxpayer dies before 
                the close of the last taxable year for which a 
                deduction could have been allowed under subsection 
                (d)(1), any portion of the deduction for such 
                contribution which has not been allowed shall be 
                allowed as a deduction under subsection (a) (without 
                regard to subsection (b)) for the taxable year in which 
                such death occurs or such portion may be used as a 
                deduction against the gross estate of the taxpayer.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to contributions made after the date of the enactment of this 
Act.

SEC. 203. EXCLUSION FROM ESTATE TAX FOR REAL PROPERTY SUBJECT TO 
              ENDANGERED SPECIES CONSERVATION AGREEMENT.

    (a) In General.--Part IV of subchapter A of chapter 11 of the 
Internal Revenue Code of 1986 (relating to taxable estate) is amended 
by adding at the end the following new section:

``SEC. 2058. CERTAIN REAL PROPERTY SUBJECT TO ENDANGERED SPECIES 
              CONSERVATION AGREEMENT.

    ``(a) General Rule.--For purposes of the tax imposed by section 
2001, the value of the taxable estate shall be determined by deducting 
from the value of the gross estate an amount equal to lesser of--
            ``(1) the adjusted value of real property included in the 
        gross estate which is subject to an endangered species 
        conservation agreement, or
            ``(2) $10,000,000.
    ``(b) Property Subject to an Endangered Species Conservation 
Agreement.--For purposes of this section--
            ``(1) In general.--Real property shall be treated as 
        subject to an endangered species conservation agreement if--
                    ``(A) such property was owned by the decedent or a 
                member of the decedent's family at all times during the 
                3-year period ending on the date of the decedent's 
                death,
                    ``(B) each person who has an interest in such 
                property (whether or not in possession) has entered 
                into--
                            ``(i) an endangered species conservation 
                        agreement with respect to such property, and
                            ``(ii) a written agreement with the 
                        Secretary consenting to the application of 
                        subsection (d), and
                    ``(C) the executor of the decedent's estate--
                            ``(i) elects the application of this 
                        section, and
                            ``(ii) files with the Secretary such 
                        endangered species conservation agreement.
            ``(2) Adjusted value.--
                    ``(A) In general.--The adjusted value of any real 
                property shall be its value for purposes of this 
                chapter, reduced by--
                            ``(i) any amount deductible under section 
                        2055(f) with respect to the property, and
                            ``(ii) any acquisition indebtedness with 
                        respect to the property.
                    ``(B) Acquisition indebtedness.--For purposes of 
                this paragraph, the term `acquisition indebtedness' 
                means, with respect to any real property, the unpaid 
                amount of--
                            ``(i) the indebtedness incurred by the 
                        donor in acquiring such property,
                            ``(ii) the indebtedness incurred before the 
                        acquisition of such property if such 
                        indebtedness would not have been incurred but 
                        for such acquisition,
                            ``(iii) the indebtedness incurred after the 
                        acquisition of such property if such 
                        indebtedness would not have been incurred but 
                        for such acquisition and the incurrence of such 
                        indebtedness was reasonably foreseeable at the 
                        time of such acquisition, and
                            ``(iv) the extension, renewal, or 
                        refinancing of an acquisition indebtedness.
    ``(c) Endangered Species Conservation Agreement.--For purposes of 
this section--
            ``(1) In general.--The term `endangered species 
        conservation agreement' means a written agreement entered into 
        with the Secretary of the Interior or the Secretary of 
        Commerce--
                    ``(A) which commits each person who signed such 
                agreement to carry out on the real property activities 
                or practices not otherwise required by law or to 
                refrain from carrying out on such property activities 
                or practices that could otherwise be lawfully carried 
                out and includes--
                            ``(i) objective and measurable species of 
                        concern conservation goals,
                            ``(ii) site-specific and other management 
                        measures necessary to achieve those goals, and
                            ``(iii) objective and measurable criteria 
                        to monitor progress toward those goals,
                    ``(B) which is certified by such Secretary as 
                providing a major contribution to the conservation of a 
                species of concern, and
                    ``(C) which is for a term that such Secretary 
                determines is sufficient to achieve the purposes of the 
                agreement, but not less than 10 years beginning on the 
                date of the decedent's death.
            ``(2) Species of concern.--The term `species of concern' 
        means any species designated by the Secretary of the Interior 
        or the Secretary of Commerce under the Endangered Species Act 
        of 1973 (16 U.S.C. 1531 et seq) as endangered or threatened, 
        proposed by such Secretary for designation as endangered or 
        threatened, or identified by such Secretary as a candidate for 
        such designation.
            ``(3) Annual certification to the secretary by the 
        secretary of the interior or the secretary of commerce of the 
        status of endangered species conservation agreements.--If the 
        executor elects the application of this section, the executor 
        shall promptly give written notice of such election to the 
        Secretary of the Interior or the Secretary of Commerce. The 
        Secretary of the Interior or the Secretary of Commerce shall 
        thereafter annually certify to the Secretary that the 
        endangered species conservation agreement applicable to any 
        property for which such election has been made remains in 
        effect and is being satisfactorily complied with.
    ``(d) Recapture of Tax Benefit in Certain Cases.--
            ``(1) Disposition of interest or material breach.--
                    ``(A) In general.--An additional tax in the amount 
                determined under subparagraph (B) shall be imposed on 
                any person on the earlier of--
                            ``(i) the disposition by such person of any 
                        interest in property subject to an endangered 
                        species conservation agreement (other than a 
                        disposition described in subparagraph (C)),
                            ``(ii) a material breach by such person of 
                        the endangered species conservation agreement, 
                        or
                            ``(iii) the termination of the endangered 
                        species conservation agreement.
                    ``(B) Amount of additional tax.--
                            ``(i) In general.--The amount of the 
                        additional tax imposed by subparagraph (A) with 
                        respect to any interest shall be an amount 
equal to the applicable percentage of the lesser of--
                                    ``(I) the adjusted tax difference 
                                attributable to such interest (within 
                                the meaning of section 2032A(c)(2)(B)), 
                                or
                                    ``(II) the excess of the amount 
                                realized with respect to the interest 
                                (or, in any case other than a sale or 
                                exchange at arm's length, the fair 
                                market value of the interest) over the 
                                value of the interest determined under 
                                subsection (a).
                            ``(ii) Applicable percentage.--For purposes 
                        of clause (i), the applicable percentage is 
                        determined in accordance with the following 
                        table:

``If, with respect to the date of   The applicable percentage is--
        the agreement, the date of 
        the event described in 
        subparagraph (A) occurs--   

    Before 10 years...............................                 100 
    After 9 years and before 20 years.............                  75 
    After 19 years and before 30 years............                  50 
    After 29 years and before 40 years............                  25 
    After 39......................................                   0.
                    ``(C) Exception if certain heirs assume obligations 
                upon the death of a person executing the agreement.--
                Subparagraph (A)(i) shall not apply if--
                            ``(i) upon the death of a person described 
                        in subsection (b)(1)(B) during the term of such 
                        agreement, the property subject to such 
                        agreement passes to a member of the person's 
                        family, and
                            ``(ii) the member agrees--
                                    ``(I) to assume the obligations 
                                imposed on such person under the 
                                endangered species conservation 
                                agreement,
                                    ``(II) to assume personal liability 
                                for any tax imposed under subparagraph 
                                (A) with respect to any future event 
                                described in subparagraph (A), and
                                    ``(III) to notify the Secretary of 
                                the Treasury and the Secretary of the 
                                Interior or the Secretary of Commerce 
                                that the member has assumed such 
                                obligations and liability.
                If a member of the person's family enters into an 
                agreement described in subclauses (I), (II), and (III), 
                such member shall be treated as signatory to the 
                endangered species conservation agreement the person 
                entered into.
            ``(2) Due date of additional tax.--The additional tax 
        imposed by paragraph (1) shall become due and payable on the 
        day that is 6 months after the date of the disposition referred 
        to in paragraph (1)(A)(i) or, in the case of an event described 
        in clause (ii) or (iii) of paragraph (1)(A), on April 15 of the 
        calendar year following any year in which the Secretary of the 
        Interior or the Secretary of Commerce fails to provide the 
        certification required under subsection (c)(3).
    ``(e) Statute of Limitations.--If a taxpayer incurs a tax liability 
pursuant to subsection (d)(1)(A), then--
            ``(1) the statutory period for the assessment of any 
        additional tax imposed by subsection (d)(1)(A) shall not expire 
        before the expiration of 3 years from the date the Secretary is 
        notified (in such manner as the Secretary may by regulation 
        prescribe) of the incurring of such tax liability, and
            ``(2) such additional tax may be assessed before the 
        expiration of such 3-year period notwithstanding the provisions 
        of any other law or rule of law that would otherwise prevent 
        such assessment.
    ``(f) Election and Filing of Agreement.--The election under this 
section shall be made on the return of the tax imposed by section 2001. 
Such election, and the filing under subsection (b) of an endangered 
species conservation agreement, shall be made in such manner as the 
Secretary shall by regulation provide.
    ``(g) Application of This Section to Interests in Partnerships, 
Corporations, and Trusts.--This section shall apply to an interest in a 
partnership, corporation, or trust if at least 30 percent of the entity 
is owned (directly or indirectly) by the decedent, as determined under 
the rules described in section 2057(e)(3).
    ``(h) Member of Family.--For purposes of this section, the term 
`member of the family' means any member of the family (as defined in 
section 2032A(e)(2)) of the decedent.''.
    (b) Carryover Basis.--Section 1014(a)(4) of the Internal Revenue 
Code of 1986 (relating to basis of property acquired from a decedent) 
is amended by inserting ``or 2058'' after ``section 2031(c)''.
    (c) Clerical Amendment.--The table of sections for part IV of 
subchapter A of chapter 11 of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new item:

                              ``Sec. 2058. Certain real property 
                                        subject to endangered species 
                                        conservation agreement.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to estates of decedents dying after the date of the enactment of 
this Act.

SEC. 204. EXPANSION OF ESTATE TAX EXCLUSION FOR REAL PROPERTY SUBJECT 
              TO QUALIFIED CONSERVATION EASEMENT.

    (a) Repeal of Certain Restrictions on Where Land Is Located.--
Clause (i) of section 2031(c)(8)(A) of the Internal Revenue Code of 
1986 (defining land subject to a qualified conservation easement) is 
amended to read as follows:
                            ``(i) which is located in the United States 
                        or any possession of the United States,''.
    (b) Effective Date.--The amendments made by this section shall 
apply to estates of decedents dying after the date of the enactment of 
this Act.
                                 <all>