[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 911 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 911

           To reauthorize the Endangered Species Act of 1973.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2001

    Mr. Smith of Oregon (for himself and Mr. Baucus) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
           To reauthorize the Endangered Species Act of 1973.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Endangered Species 
Recovery Act of 2001''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Listing and delisting species.
Sec. 3. Enhanced recovery planning.
Sec. 4. Interagency consultation and cooperation.
Sec. 5. Conservation plans.
Sec. 6. Enforcement.
Sec. 7. Education and technical assistance.
Sec. 8. Authorization of appropriations.
Sec. 9. Other amendments.

SEC. 2. LISTING AND DELISTING SPECIES.

    (a) Best Scientific and Commercial Data Available.--Section 3 of 
the Endangered Species Act of 1973 (16 U.S.C. 1532) is amended--
            (1) by striking the section heading and inserting the 
        following:

                ``definitions and general provisions'';

            (2) by striking ``For the purposes of this
        Act--'' and inserting the following:
    ``(a) Definitions.--In this Act:''; and
            (3) by adding at the end the following:
    ``(b) General Provisions.--
            ``(1) Best scientific and commercial data available.--Where 
        this Act requires the Secretary to use the best scientific and 
        commercial data available, the Secretary, when evaluating 
        comparable data, shall give greater weight to scientific or 
        commercial data that is empirical or has been field-tested or 
        peer-reviewed.''.
    (b) Conforming Amendment.--The table of contents in the first 
section of the Endangered Species Act of 1973 (16 U.S.C. prec. 1531) is 
amended by striking the item relating to section 3 and inserting the 
following:

``Sec. 3. Definitions and general provisions.''.
    (c) Listing and Delisting.--
            (1) Factors considered for listing.--Section 4(a)(1) of the 
        Endangered Species Act of 1973 (16 U.S.C. 1533(a)(1)) is 
        amended--
                    (A) in subparagraph (C), by inserting ``introduced 
                species, competition,'' before ``disease or 
                predation''; and
                    (B) in subparagraph (D), by inserting ``Federal, 
                State, and local government and international'' before 
                ``regulatory mechanisms''.
            (2) Critical habitat.--Section 4(a) of the Endangered 
        Species Act of 1973 (16 U.S.C. 1533(a)) is amended by striking 
        paragraph (3).
            (3) Delisting.--Section 4(b)(2) of the Endangered Species 
        Act of 1973 (16 U.S.C. 1533(b)(2)) is amended to read as 
        follows:
            ``(2) Delisting.--The Secretary shall, in accordance with 
        section 5 and on a determination that the goals of the recovery 
        plan for a species have been met, initiate the procedures for 
        determining, in accordance with subsection (a)(1), whether to 
        remove the species from a list published under subsection 
        (c).''
            (4) Response to petitions.--
                    (A) In general.--Section 4(b)(3) of the Endangered 
                Species Act of 1973 (16 U.S.C. 1533(b)(3)) is amended 
                to read as follows:
            ``(3) Response to petitions.--
                    ``(A) Action may be warranted.--
                            ``(i) In general.--To the maximum extent 
                        practicable, not later than 90 days after 
                        receiving the petition of an interested person 
                        under section 553(e) of title 5, United States 
                        Code, to--
                                    ``(I) add a species to;
                                    ``(II) remove a species from; or
                                    ``(III) change the status of a 
                                species from a previous determination 
                                with respect to;
                        either of the lists published under subsection 
                        (c), the Secretary shall make a finding as to 
                        whether the petition presents substantial 
                        scientific or commercial information indicating 
                        that the petitioned action may be warranted. If 
                        a petition is found to present such 
                        information, the Secretary shall promptly 
                        commence a review of the status of the species 
                        concerned. The Secretary shall promptly publish 
                        each finding made under this subparagraph in 
                        the Federal Register.
                            ``(ii) Minimum documentation.--A finding 
                        that the petition presents the information 
                        described in clause (i) shall not be made 
                        unless the petition provides--
                                    ``(I) documentation that the fish, 
                                wildlife, or plant that is the subject 
                                of the petition is a species;
                                    ``(II) a description of the 
                                available data on the historical and 
                                current range and distribution of the 
                                species;
                                    ``(III) an appraisal of the 
                                available data on the status and trends 
                                of populations of the species;
                                    ``(IV) an appraisal of the 
                                available data on the threats to the 
                                species; and
                                    ``(V) an identification of the 
                                information contained or referred to in 
                                the petition that has been peer-
                                reviewed or field-tested.
                            ``(iii) Notification to the states.--
                                    ``(I) Petitioned actions.--If the 
                                petition is found to present the 
                                information described in clause (i), 
                                the Secretary shall notify and provide 
                                a copy of the petition to the State 
                                agency in each State in which the 
                                species is believed to occur and 
                                solicit the assessment of the agency, 
                                to be submitted to the Secretary not 
                                later than 90 days after the 
                                notification, as to whether the 
                                petitioned action is warranted.
                                    ``(II) Other actions.--If the 
                                Secretary has not received a petition 
                                for a species and the Secretary is 
                                considering proposing to list the 
                                species as either threatened or 
                                endangered under subsection (a), the 
                                Secretary shall notify the State agency 
                                in each State in which the species is 
                                believed to occur and solicit the 
                                assessment of the agency, to be 
                                submitted to the Secretary not later 
                                than 90 days after the notification, as 
                                to whether the listing would be in 
                                accordance with subsection (a).
                                    ``(III) Consideration of state 
                                assessments.--Before publication of a 
                                determination that a petitioned action 
                                is warranted or the issuance of a 
                                proposed regulation, the Secretary 
                                shall consider any State assessments 
                                submitted within the comment period 
                                established by subclause (I) or (II).
                    ``(B) Petition to change status or delist.--A 
                petition may be submitted to the Secretary under 
                subparagraph (A) to change the status of a species or 
                to remove a species from either of the lists published 
                under subsection (c) in accordance with subsection 
                (a)(1), if--
                            ``(i) the current listing is no longer 
                        appropriate because of a change in the factors 
                        identified under subsection (a)(1); or
                            ``(ii) with respect to a petition to remove 
                        a species from either of the lists--
                                    ``(I) new data or a 
                                reinterpretation of prior data indicate 
                                that removal is appropriate;
                                    ``(II) the species is extinct; or
                                    ``(III) the recovery goals 
                                established for the species in a 
                                recovery plan approved under section 
                                5(h) have been achieved.
                    ``(C) Determination.--Not later than 1 year after 
                receiving a petition that is found under subparagraph 
                (A)(i) to present substantial information indicating 
                that the petitioned action may be warranted, the 
                Secretary shall make 1 of the following findings:
                            ``(i) Not warranted.--The petitioned action 
                        is not warranted, in which case the Secretary 
                        shall promptly publish the finding in the 
                        Federal Register.
                            ``(ii) Warranted.--The petitioned action is 
                        warranted, in which case the Secretary shall 
                        promptly publish in the Federal Register a 
                        general notice and the complete text of a 
                        proposed regulation to implement the action in 
                        accordance with paragraph (5).
                            ``(iii) Warranted but precluded.--The 
                        petitioned action is warranted, but--
                                    ``(I) the immediate proposal and 
                                timely promulgation of a final 
                                regulation implementing the petitioned 
                                action in accordance with paragraphs 
                                (5) and (6) is precluded by pending 
                                proposals to determine whether any 
                                species is an endangered species or a 
                                threatened species; and
                                    ``(II) expeditious progress is 
                                being made to add qualified species to 
                                either of the lists published under 
                                subsection (c) and to remove from the 
                                lists species for which the protections 
                                of this Act are no longer necessary;
                        in which case the Secretary shall promptly 
                        publish the finding in the Federal Register, 
                        together with a description and evaluation of 
                        the reasons and data on which the finding is 
                        based.
                    ``(D) Subsequent determination.--A petition with 
                respect to which a finding is made under subparagraph 
                (C)(iii) shall be treated as a petition that is 
                resubmitted to the Secretary under subparagraph (A) on 
                the date of the finding and that presents substantial 
                scientific or commercial information that the 
                petitioned action may be warranted.
                    ``(E) Judicial review.--Any negative finding 
                described in subparagraph (A)(i) and any finding 
                described in clause (i) or (iii) of subparagraph (C) 
                shall be subject to judicial review.
                    ``(F) Monitoring and emergency listing.--The 
                Secretary shall implement a system to monitor 
                effectively the status of each species with respect to 
                which a finding is made under subparagraph (C)(iii) and 
                shall make prompt use of the authority under paragraph 
                (7) to prevent a significant risk to the well-being of 
                the species.''.
                    (B) Conforming amendment.--Section 6(d)(1) of the 
                Endangered Species Act of 1973 (16 U.S.C. 1535(d)(1)) 
                is amended in the first sentence by striking 
                ``subparagraph (C)'' and inserting ``subparagraph 
                (F)''.
            (5) Proposed regulations.--Section 4(b)(5) of the 
        Endangered Species Act of 1973 (16 U.S.C. 1533(b)(5)) is 
        amended--
                    (A) by striking ``(5) With respect to any 
                regulation'' and inserting the following:
            ``(5) Proposed regulations and review.--With respect to any 
        regulation'';
                    (B) by striking ``a determination, designation, or 
                revision'' and inserting ``a determination or change in 
                status'';
                    (C) by striking ``(a)(1) or (3),'' and inserting 
                ``(a)(1),'';
                    (D) by striking ``in the Federal Register,'' and 
                inserting ``in the Federal Register as provided by 
                paragraph (8),''; and
                    (E) by striking subparagraph (E) and inserting the 
                following:
                    ``(E) at the request of any person not later than 
                45 days after the date of publication of general 
                notice, promptly hold at least 1 public hearing in each 
                State that would be affected by the proposed regulation 
                (including at least 1 hearing in an affected rural 
                area, if any) except that the Secretary shall not be 
                required to hold more than 5 hearings under this 
                subparagraph.''.
            (6) Final regulations.--
                    (A) Schedule.--Section 4(b)(6) of the Endangered 
                Species Act of 1973 (16 U.S.C. 1533(b)(6)) is amended 
                by striking ``(6)(A)'' and all that follows through the 
                end of subparagraph (A) and inserting the following:
            ``(6) Final regulations.--
                    ``(A) In general.--Within the 1-year period 
                beginning on the date on which general notice is 
                published in accordance with paragraph (5)(A)(i) 
                regarding a proposed regulation, the Secretary shall 
                publish in the Federal Register--
                            ``(i) a final regulation to implement the 
                        determination;
                            ``(ii) notice that the 1-year period is 
                        being extended under subparagraph (B)(i); or
                            ``(iii) notice that the proposed regulation 
                        is being withdrawn under subparagraph (B)(ii), 
                        together with the finding on which the 
                        withdrawal is based.''.
                    (B) Conforming amendments.--Section 4(b)(6) of the 
                Endangered Species Act of 1973 (16 U.S.C. 1533(b)(6)) 
                is amended--
                            (i) in subparagraph (B)(i), by striking 
                        ``or revision'';
                            (ii) in subparagraph (B)(iii), by striking 
                        ``or revision concerned, a finding that the 
                        revision should not be made,''; and
                            (iii) by striking subparagraph (C).
            (7) Publication of data and information.--Section 4(b)(8) 
        of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(8)) is 
        amended--
                    (A) by striking ``a summary by the Secretary of the 
                data'' and inserting ``a summary by the Secretary of 
                the best scientific and commercial data available'';
                    (B) by striking ``is based and shall'' and 
                inserting ``is based, shall''; and
                    (C) by striking ``regulation; and if such 
                regulation designates or revises critical habitat, such 
                summary shall, to the maximum extent practicable, also 
                include a brief description and evaluation of those 
                activities (whether public or private) which, in the 
                opinion of the Secretary, if undertaken may adversely 
                modify such habitat, or may be affected by such 
                designation.'' and inserting ``regulation, and shall 
                provide, to the degree that it is relevant and 
                available, information regarding the status of the 
                affected species, including current population, 
                population trends, current habitat, food sources, 
                predators, breeding habits, captive breeding efforts, 
                governmental and nongovernmental conservation efforts, 
                or other pertinent information.''.
            (8) Sound science.--Section 4(b) of the Endangered Species 
        Act of 1973 (16 U.S.C. 1533(b)) is amended by adding at the end 
        the following:
            ``(9) Additional data.--
                    ``(A) In general.--The Secretary shall identify and 
                publish in the Federal Register with the notice of a 
                proposed regulation pursuant to paragraph (5)(A)(i) a 
                description of additional scientific and commercial 
                data that would assist in the preparation of a recovery 
                plan and--
                            ``(i) invite any person to submit the data 
                        to the Secretary; and
                            ``(ii) describe the steps that the 
                        Secretary plans to take for acquiring 
                        additional data.
                    ``(B) Recovery planning.--Data identified and 
                obtained under subparagraph (A) shall be considered by 
                the recovery team and the Secretary in the preparation 
                of the recovery plan in accordance with section 5.
                    ``(C) No delay authorized.--Nothing in this 
                paragraph waives or extends any deadline for publishing 
                a final rule to implement a determination (except for 
                the extension provided in paragraph (6)(B)(i)) or any 
                deadline under section 5.
            ``(10) Independent scientific review.--
                    ``(A) In general.--In the case of a regulation 
                proposed by the Secretary to implement a determination 
                under subsection (a)(1) that any species is an 
                endangered species or a threatened species or that any 
                species currently listed as an endangered species or a 
                threatened species should be removed from any list 
                published pursuant to subsection (c), the Secretary 
                shall provide for independent scientific peer review 
                by--
                            ``(i) selecting independent referees 
                        pursuant to subparagraph (B); and
                            ``(ii) requesting the referees to conduct 
                        the review, considering all relevant 
                        information, and make a recommendation to the 
                        Secretary in accordance with this paragraph not 
                        later than 150 days after the general notice is 
                        published pursuant to paragraph (5)(A)(i).
                    ``(B) Selection of referees.--For each independent 
                scientific review to be conducted pursuant to 
                subparagraph (A), the Secretary shall select 3 
                independent referees from a list provided by the 
                National Academy of Sciences, who--
                            ``(i) through publication of peer-reviewed 
                        scientific literature or other means, have 
                        demonstrated scientific expertise on the 
                        species or a similar species or other 
                        scientific expertise relevant to the decision 
                        of the Secretary under subsection (a);
                            ``(ii) do not have, or represent any person 
                        with, a conflict of interest with respect to 
                        the determination that is the subject of the 
                        review; and
                            ``(iii) are not participants in a petition 
                        to list, change the status of, or remove the 
                        species under paragraph (3)(A)(i), the 
                        assessment of a State for the species under 
                        paragraph (3)(A)(iii), or the proposed or final 
                        determination of the Secretary.
                    ``(C) Final determination.--The Secretary shall 
                take 1 of the actions under paragraph (6)(A) not later 
                than 1 year after the date of publication of the 
                general notice of the proposed determination. If the 
                referees have made a recommendation in accordance with 
                subparagraph (A)(ii), the Secretary shall evaluate and 
                consider the information that results from the 
                independent scientific review and include in the final 
                determination--
                            ``(i) a summary of the results of the 
                        independent scientific review; and
                            ``(ii) in a case in which the 
                        recommendation of a majority of the referees 
                        who conducted the independent scientific review 
                        under subparagraph (A) is not followed, an 
                        explanation as to why the recommendation was 
                        not followed.
                    ``(D) Federal advisory committee act.--The 
                selection and activities of referees selected pursuant 
                to this Act shall not be subject to the Federal 
                Advisory Committee Act (5 U.S.C. App.).''.
            (9) Lists.--Section 4(c)(1) of the Endangered Species Act 
        of 1973 (16 U.S.C. 1533(c)(1)) is amended--
                    (A) in the second sentence, by inserting 
                ``designated'' before ``critical habitat''; and
                    (B) in the third sentence, by striking 
                ``determinations, designations, and revisions'' and 
                inserting ``determinations''.
            (10) Protective regulation.--Section 4(d) of the Endangered 
        Species Act of 1973 (16 U.S.C. 1533(d)) is amended--
                    (A) by striking ``Whenever any species is listed'' 
                and inserting the following:
            ``(1) In general.--Whenever any species is listed''; and
                    (B) by adding at the end the following:
            ``(2) New listings.--With respect to each species listed as 
        a threatened species after the date of enactment of this 
        paragraph, regulations applicable under paragraph (1) to the 
        species shall be specific to that species by the date on which 
        the Secretary is required to approve a recovery plan for the 
        species pursuant to section 5(c) and may be subsequently 
        revised.''.
            (11) Recovery plans.--
                    (A) In general.--Section 4 of the Endangered 
                Species Act of 1973 (16 U.S.C. 1533) is amended by 
                striking subsection (f) and redesignating subsections 
                (g) through (i) as subsections (f) through (h), 
                respectively.
                    (B) Conforming amendment.--Section 4(g) of the 
                Endangered Species Act of 1973 (as redesignated by 
                subparagraph (A)) is amended in paragraph (4) by 
                striking ``subsection (f) of this section'' and 
                inserting ``section 5''.
            (12) State conservation agreements.--Section 4 of the 
        Endangered Species Act of 1973 (16 U.S.C. 1533) (as amended by 
        paragraph (11)) is amended by adding at the end the following:
    ``(i) State Conservation Agreements.--The Secretary may enter into 
a conservation agreement with 1 or more States for a species that has 
been proposed for listing, is a candidate species, or is likely to 
become a candidate species in the near future within the State. The 
Secretary may approve an agreement if, after notice and opportunity for 
public comment, the Secretary finds that--
            ``(1) for species covered by the agreement, the actions 
        taken under the agreement, if undertaken by all States within 
        the range of the species, would produce a conservation benefit 
        that would be likely to eliminate the need to list the species 
        as threatened or endangered under this section for the duration 
        of the agreement;
            ``(2) the actions taken under the agreement will not 
        adversely affect an endangered species or a threatened species;
            ``(3) the agreement contains such other measures as the 
        Secretary may require as being necessary or appropriate for the 
        purposes of the agreement;
            ``(4) the State will ensure adequate funding and 
        enforcement to implement the agreement; and
            ``(5) the agreement includes such monitoring and reporting 
        requirements as the Secretary considers necessary for 
        determining whether the terms and conditions of the agreement 
        are being complied with.''.
    (d) Public Availability of Data.--Section 3(b) of the Endangered 
Species Act of 1973 (as amended by subsection (a)) is amended by adding 
at the end the following:
            ``(2) Freedom of information act exemption.--The Secretary, 
        and the head of any other Federal agency on the recommendation 
        of the Secretary, may withhold or limit the availability of 
        data requested to be released pursuant to section 552 of title 
        5, United States Code, if the data describe or identify the 
        location of an endangered species, a threatened species, or a 
        species that has been proposed to be listed as threatened or 
        endangered, and release of the data would be likely to result 
        in an increased taking of the species, except that data shall 
        not be withheld pursuant to this paragraph in response to a 
        request regarding the presence of those species on private land 
        by the owner of that land.''.

SEC. 3. ENHANCED RECOVERY PLANNING.

    (a) Redesignation.--Section 5 of the Endangered Species Act of 1973 
(16 U.S.C. 1534) is redesignated as section 5A.
    (b) Recovery Plans.--The Act is amended by inserting before section 
5A (as redesignated by subsection (a)) the following:

                            ``recovery plans

    ``Sec. 5. (a) In General.--The Secretary, in cooperation with the 
States, and on the basis of the best scientific and commercial data 
available, shall develop and implement plans (referred to in this Act 
as `recovery plans') for the conservation and recovery of endangered 
species and threatened species that are indigenous to the United States 
or in waters with respect to which the United States exercises 
sovereign rights or jurisdiction, in accordance with the requirements 
and schedules described in this section, unless the Secretary finds, 
after notice and opportunity for public comment, that a plan will not 
promote the conservation of the species or because an existing plan or 
strategy to conserve the species already serves as the functional 
equivalent to a recovery plan. The Secretary may authorize a State 
agency to develop recovery plans pursuant to subsection (m).
    ``(b) Priorities.--
            ``(1) Criteria.--To the maximum extent practicable, the 
        Secretary, in developing recovery plans, shall give priority, 
        without regard to taxonomic classification, to recovery plans 
        that--
                    ``(A) address significant and immediate threats to 
                the survival of an endangered species or a threatened 
                species, have the greatest likelihood of achieving 
                recovery of the endangered species or the threatened 
                species, and will benefit species that are more 
                taxonomically distinct;
                    ``(B) address multiple species including (i) 
                endangered species, (ii) threatened species, or (iii) 
                species that the Secretary has identified as candidates 
                or proposed for listing under section 4 and that are 
                dependent on the same habitat as the endangered species 
                or threatened species covered by the plan;
                    ``(C) reduce conflicts with construction, 
                development projects, jobs, private property, or other 
                economic activities; and
                    ``(D) reduce conflicts with military training and 
                operations.
            ``(2) Priority system.--To carry out subsection (c) of this 
        section and section 3(e) of the Endangered Species Recovery Act 
        of 2001 in the most efficient and effective manner practicable, 
        the Secretary shall develop and implement a priority ranking 
        system for the preparation of recovery plans based on all of 
        the factors described in subparagraphs (A) through (D) of 
        paragraph (1).
    ``(c) Schedule.--For each species determined to be an endangered 
species or a threatened species after the date of enactment of this 
subsection for which the Secretary is required to develop a recovery 
plan under subsection (a), the Secretary shall publish--
            ``(1) not later than 18 months after the date of the 
        publication under section 4 of the final regulation containing 
        the listing determination, a draft recovery plan; and
            ``(2) not later than 30 months after the date of 
        publication under section 4 of the final regulation containing 
        the listing determination, a final recovery plan.
    ``(d) Appointment and Role of Recovery Team.--
            ``(1) In general.--Not later than 60 days after the date of 
        the publication under section 4 of the final regulation 
        containing the listing determination for a species, the 
        Secretary, in cooperation with the affected States, shall 
        either appoint a recovery team to develop a recovery plan for 
        the species or publish a notice pursuant to paragraph (3) that 
        a recovery team shall not be appointed. Recovery teams shall 
        include the Secretary and at least 1 representative from the 
        State agency of each of the affected States choosing to 
        participate and be broadly representative of the constituencies 
        with an interest in the species and its recovery and in the 
        economic or social impacts of recovery including 
        representatives of Federal agencies, tribal governments, local 
        governments, academic institutions, private individuals and 
        organizations, and commercial enterprises. The recovery team 
        members shall be selected for their knowledge of the species or 
        for their expertise in the elements of the recovery plan or its 
        implementation.
            ``(2) Duties of the recovery team.--Each recovery team 
        shall prepare and submit to the Secretary the draft recovery 
        plan that shall include recovery measures recommended by the 
        team and alternatives, if any, to meet the recovery goal under 
        subsection (e)(1). The recovery team may also be called on by 
        the Secretary to assist in the implementation, review, and 
        revision of recovery plans. The recovery team shall also advise 
        the Secretary concerning the designation of critical habitat, 
        if any.
            ``(3) Exception.--
                    ``(A) In general.--Notwithstanding paragraph (1), 
                the Secretary may, after notice and opportunity for 
                public comment, establish criteria to identify species 
                for which the appointment of a recovery team would not 
                be required under this subsection, taking into account 
                the availability of resources for recovery planning, 
                the extent and complexity of the expected recovery 
                activities, and the degree of scientific uncertainty 
                associated with the threats to the species.
                    ``(B) State option.--If the Secretary elects not to 
                appoint a recovery team, the Secretary shall provide 
                notice to each affected State and shall provide the 
                affected States the opportunity to appoint a recovery 
                team and develop a recovery plan, in accordance with 
                subsection (m).
                    ``(C) Secretarial duty.--If a recovery team is not 
                appointed, the Secretary shall perform all duties of 
                the recovery team required by this section.
            ``(4) Travel expenses.--The Secretary is authorized to 
        provide travel expenses (including per diem in lieu of 
        subsistence at the same level as authorized by section 5703 of 
        title 5, United States Code) to recovery team members.
            ``(5) Federal advisory committee act.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to the selection 
        or activities of a recovery team appointed pursuant to this 
        subsection or subsection (m).
    ``(e) Contents of Recovery Plans.--Each recovery plan shall 
contain:
            ``(1) Biological recovery goal.--
                    ``(A) In general.--Not later than 180 days after 
                the appointment of a recovery team under this section, 
                those members of the recovery team with relevant 
                scientific expertise shall establish and submit to the 
                Secretary a recommended biological recovery goal to 
                conserve and recover the species that, when met, would 
                result in the determination, in accordance with section 
                4, that the species be removed from the list. The goal 
                shall be based solely on the best scientific and 
                commercial data available. The recovery goal shall be 
                expressed as objective and measurable biological 
                criteria. When the goal is met, the Secretary shall 
                initiate the procedures for determining whether, in 
                accordance with section 4(a)(1), to remove the species 
                from the list.
                    ``(B) Peer review.--The recovery team shall 
                promptly obtain independent scientific review of the 
                recommended biological recovery goal.
            ``(2) Recovery measures.--The recovery plan shall 
        incorporate recovery measures that will meet the recovery goal.
                    ``(A) Measures.--The recovery measures may 
                incorporate general and site-specific measures for the 
                conservation and recovery of the species such as--
                            ``(i) actions to protect and restore 
                        habitat;
                            ``(ii) research;
                            ``(iii) establishment of refugia, captive 
                        breeding, and releases of experimental 
                        populations;
                            ``(iv) actions that may be taken by Federal 
                        agencies, including actions that use, to the 
                        maximum extent practicable, Federal land; and
                            ``(v) opportunities to cooperate with State 
                        and local governments and other persons to 
                        recover species, including through the 
                        development and implementation of conservation 
                        plans under section 10.
                    ``(B) Draft recovery plans.--
                            ``(i) In general.--In developing a draft 
                        recovery plan, the recovery team or, if there 
                        is no recovery team, the Secretary, shall 
                        consider alternative measures and recommend 
                        measures to meet the recovery goal and the 
                        benchmarks. The recovery measures shall achieve 
                        an appropriate balance among the following 
                        factors--
                                    ``(I) the effectiveness of the 
                                measures in meeting the recovery goal;
                                    ``(II) the period of time in which 
                                the recovery goal is likely to be 
                                achieved, provided that the time period 
                                within which the recovery goal is to be 
                                achieved will not pose a significant 
                                risk to recovery of the species; and
                                    ``(III) the social and economic 
                                impacts (both quantitative and 
                                qualitative) of the measures and the 
                                distribution of the impacts across 
                                regions and industries.
                            ``(ii) Description of alternatives.--The 
                        draft plan shall include a description of any 
                        alternative recovery measures considered, but 
                        not included in the recommended measures, and 
                        an explanation of how any such measures 
                        considered were assessed and the reasons for 
                        their selection or rejection.
                            ``(iii) Description of economic effects.--
                        If the recommended recovery measures identified 
                        in clause (i) would impose significant costs on 
                        a municipality, county, region, or industry, 
                        the recovery team shall prepare a description 
                        of the overall economic effects on the public 
                        and private sectors including, as appropriate, 
                        effects on employment, public revenues, and 
                        value of property as a result of the 
                        implementation of the recovery plan.
            ``(3) Benchmarks.--The recovery plan shall include 
        objective, measurable benchmarks expected to be achieved over 
        the course of the recovery plan to determine whether progress 
        is being made toward the recovery goal. To the extent possible, 
        current and historical population estimates, along with other 
        relevant factors, should be considered in determining whether 
        progress is being made toward meeting the recovery goal.
            ``(4) Federal agencies.--Each recovery plan for an 
        endangered species or a threatened species shall identify 
        Federal agencies that authorize, fund, or carry out actions 
        that are likely to have a significant impact on recovery of the 
        species.
    ``(f) Public Notice and Comment.--
            ``(1) In general.--If the Secretary makes a preliminary 
        determination that the draft recovery plan meets the 
        requirements of this section, the Secretary shall publish in 
        the Federal Register and a newspaper of general circulation in 
        each affected State a notice of availability and a summary of, 
        and a request for public comment on, the draft recovery plan 
        including a description of the economic effects prepared under 
        subsection (e)(2)(B)(iii) and the recommendations of the 
        independent referees on the recovery goal.
            ``(2) Hearings.--At the request of any person, the 
        Secretary shall hold at least 1 public hearing on each draft 
        recovery plan in each State to which the plan would apply 
        (including at least 1 hearing in an affected rural area, if 
        any), except that the Secretary may not be required to hold 
        more than 5 hearings under this paragraph.
    ``(g) Procurement Authority.--In developing and implementing 
recovery plans, the Secretary may procure the services of appropriate 
public and private agencies and institutions and other qualified 
persons.
    ``(h) Review and Selection by the Secretary.--
            ``(1) Review and approval.--The Secretary shall review each 
        plan submitted by a recovery team, including a recovery team 
        appointed by a State pursuant to the authority of subsection 
        (m), to determine whether the plan was developed in accordance 
        with the requirements of this section. If the Secretary 
        determines that the plan does not satisfy such requirements, 
        the Secretary shall notify the recovery team and give the team 
        an opportunity to address the concerns of the Secretary and 
        resubmit a plan that satisfies the requirements of this 
        section. After notice and opportunity for public comment on the 
        recommendations of the recovery team, the Secretary shall adopt 
        a final recovery plan that is consistent with the requirements 
        of this section.
            ``(2) Selection of recovery measures.--In each final plan 
        the Secretary shall select recovery measures that meet the 
        recovery goal and the benchmarks. The recovery measures shall 
        achieve an appropriate balance among the factors described in 
        subclauses (I) through (III) of subsection (e)(2)(B)(i).
            ``(3) Measures recommended by recovery team.--If the 
        Secretary selects measures other than the measures recommended 
        by the recovery team, the Secretary shall publish with the 
final plan an explanation of why the measures recommended by the 
recovery team were not selected for the final recovery plan.
            ``(4) Publication of notice on final plans.--The Secretary 
        shall publish in the Federal Register a notice of availability, 
        and a summary, of the final recovery plan, and include in the 
        final recovery plan a response to significant comments that the 
        Secretary received on the draft recovery plan.
    ``(i) Review.--
            ``(1) Existing plans.--Not later than 5 years after the 
        date of enactment of this subsection, the Secretary shall 
        review recovery plans published before that date.
            ``(2) Subsequent plans.--The Secretary shall review each 
        recovery plan first approved or revised under this section 
        after the date of enactment of this subsection, not later than 
        10 years after the date of approval or revision of the plan and 
        every 10 years thereafter.
    ``(j) Revision of Recovery Plans.--Notwithstanding any other 
provision of this section, the Secretary shall revise a recovery plan 
if the Secretary finds that substantial new information, which may 
include failure to meet the benchmarks included in the plan, based on 
the best scientific and commercial data available, indicates that the 
recovery goal contained in the recovery plan will not achieve the 
conservation and recovery of the endangered species or threatened 
species covered by the plan. The Secretary shall convene a recovery 
team to develop the revisions required by this subsection, unless the 
Secretary has established an exception for the species pursuant to 
subsection (d)(3).
    ``(k) Existing Plans.--Nothing in this section shall require the 
modification of--
            ``(1) a recovery plan approved;
            ``(2) a recovery plan on which public notice and comment 
        has been initiated; or
            ``(3) a draft recovery plan on which significant progress 
        has been made;
before the date of enactment of this subsection until the recovery plan 
is revised by the Secretary in accordance with this section.
    ``(l) Implementation of Recovery Plans.--
            ``(1) Implementation agreements.--The Secretary is 
        authorized to enter into agreements with Federal agencies, 
        affected States, Indian tribes, local governments, private 
        landowners, and organizations to implement specified 
        conservation measures identified by an approved recovery plan 
        that promote the recovery of the species with respect to land 
        or water owned by, or within the jurisdiction of, each such 
        party. The Secretary may enter into such agreements, if the 
        Secretary, after notice and opportunity for public comment, 
        determines that--
                    ``(A) each non-Federal party to the agreement has 
                the legal authority and capability to carry out the 
                agreement;
                    ``(B) the agreement will be reviewed and revised as 
                necessary on a regular basis (which shall be not less 
                often than every 5 years) by the parties to the 
                agreement to ensure that it meets the requirements of 
                this section; and
                    ``(C) the agreement establishes a mechanism for the 
                Secretary to monitor and evaluate implementation of the 
                agreement.
            ``(2) Duty of federal agencies.--Each Federal agency 
        identified under subsection (e)(4) shall enter into an 
        implementation agreement with the Secretary not later than 2 
        years after the date on which the Secretary approves the 
        recovery plan for the species. For the purposes of satisfying 
        this section, the substantive provisions of the agreement shall 
        be within the sole discretion of the Secretary and the head of 
        the Federal agency entering into the agreement.
            ``(3) Other requirements.--
                    ``(A) Agency actions.--Any action authorized, 
                funded, or carried out by a Federal agency that is 
                specified in a recovery plan implementation agreement 
                between the Federal agency and the Secretary to promote 
                the recovery of the species and for which the agreement 
                provides sufficient information on the nature, scope, 
                and duration of the action to determine the effect of 
                the action on any endangered species, threatened 
                species, or critical habitat shall not be subject to 
                the requirements of section 7(a)(2) for that species, 
                if the action is to be carried out during the term of 
                the agreement and the Federal agency is in compliance 
                with the agreement.
                    ``(B) Comprehensive agreements.--If a non-Federal 
                person proposes to include in an implementation 
                agreement a site-specific action that the Secretary 
                determines meets the requirements of subparagraph (A) 
                and that action would require authorization or funding 
                by 1 or more Federal agencies, the agencies authorizing 
                or funding the action shall participate in the 
                development of the agreement and shall identify, at 
                that time, all measures for the species that would be 
                required under this Act as a condition of the 
                authorization or funding.
            ``(4) Financial assistance.--
                    ``(A) In general.--In cooperation with the States 
                and subject to the availability of appropriations under 
                section 15(f), the Secretary may provide a grant of up 
                to $25,000 to a private landowner to assist the 
                landowner in carrying out a recovery plan 
                implementation agreement under this subsection.
                    ``(B) Prohibition on assistance for required 
                activities.--The Secretary may not provide assistance 
                under this paragraph for any action that is required by 
                a permit issued under this Act or that is otherwise 
                required under this Act or other Federal law.
                    ``(C) Other payments.--A grant provided to an 
                individual private landowner under this paragraph shall 
                be in addition to, and not affect, the total amount of 
                payments the landowner is otherwise eligible to receive 
                under the conservation reserve program established 
                under subchapter B of chapter 1 of subtitle D of title 
XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.), the 
wetlands reserve program established under subchapter C of that chapter 
(16 U.S.C. 3837 et seq.), or the Wildlife Habitat Incentives Program 
established under section 387 of the Federal Agriculture Improvement 
and Reform Act of 1996 (16 U.S.C. 3836a).
    ``(m) State Authority for Recovery Planning.--
            ``(1) In general.--At the request of the Governor of a 
        State, or the Governors of several States in cooperation, the 
        Secretary may authorize the respective State agency to develop 
        the recovery plan for an endangered species or a threatened 
        species in accordance with the requirements and schedules of 
        subsections (c), (d)(1), (d)(2), and (e) and this subsection if 
        the Secretary finds that--
                    ``(A) the State or States have entered into a 
                cooperative agreement with the Secretary pursuant to 
                section 6(c); and
                    ``(B) the State agency has submitted a statement to 
                the Secretary demonstrating adequate authority and 
                capability to carry out the requirements and schedules 
                of subsections (c), (d)(1), (d)(2), and (e) and this 
                subsection.
            ``(2) Standards and guidelines.--The Secretary, in 
        cooperation with the States, shall publish standards and 
        guidelines for the development of recovery plans by a State 
        agency under this subsection, including standards and 
        guidelines for interstate cooperation and for the grant and 
        withdrawal of authorization by the Secretary under this 
        subsection.
            ``(3) Duties of recovery team.--The recovery team shall 
        prepare a draft recovery plan in accordance with this section 
        and shall transmit the draft plan to the Secretary through the 
        State agency authorized to develop the recovery plan.
            ``(4) Review of draft plans.--Before publication of a 
        notice of availability of a draft recovery plan, the Secretary 
        shall review each draft recovery plan developed pursuant to 
        this subsection to determine whether the plan meets the 
        requirements of this section. If the Secretary determines that 
        the plan does not meet such requirements, the Secretary shall 
        notify the State agency and, in cooperation with the State 
        agency, develop a recovery plan in accordance with this 
        section.
            ``(5) Review and approval of final plans.--On receipt of a 
        draft recovery plan transmitted by a State agency, the 
        Secretary shall review and approve the plan in accordance with 
        subsection (h).
            ``(6) Withdrawal of authority.--
                    ``(A) In general.--The Secretary may withdraw the 
                authority from a State that has been authorized to 
                develop a recovery plan pursuant to this subsection if 
                the actions of the State agency are not in accordance 
                with the substantive and procedural requirements of 
                subsections (c), (d)(1), (d)(2), and (e) and this 
                subsection. The Secretary shall give the State agency 
                an opportunity to correct any deficiencies identified 
                by the Secretary and shall withdraw the authority from 
                the State unless the State agency within 60 days has 
                corrected the deficiencies identified by the Secretary. 
                On withdrawal of State authority pursuant to this 
                subsection, the Secretary shall have an additional 18 
                months to publish a draft recovery plan and an 
                additional 1 year to publish a final recovery plan 
                under subsection 5(c).
                    ``(B) Petitions to withdraw.--Any person may submit 
                a petition requesting the Secretary to withdraw the 
                authority from a State on the basis that the actions of 
                the State agency are not in accordance with the 
                substantive and procedural requirements described in 
                subparagraph (A). If the Secretary has not acted on the 
                petition pursuant to subparagraph (A) within 90 days 
                after the date of submission of the petition, the 
                petition shall be deemed to be denied and the denial 
                shall be a final agency action for the purposes of 
                judicial review.
            ``(7) Definition of state agency.--In this subsection, the 
        term `State agency' means--
                    ``(A) a State agency (as defined in section 3) of 
                each State entering into a cooperative request under 
                paragraph (1); and
                    ``(B) for fish and wildlife, including related 
                spawning grounds and habitat, on the Columbia River and 
                its tributaries, the Pacific Northwest Electric Power 
                and Conservation Planning Council established under the 
                Pacific Northwest Electric Power Planning and 
                Conservation Act (16 U.S.C. 839 et seq.).
    ``(n) Critical Habitat Designation.--
            ``(1) Recommendation of the recovery team.--Not later than 
        270 days after the date of publication under section 4 of a 
        final regulation containing a listing determination for a 
        species, the recovery team appointed for the species shall 
        provide the Secretary with a description of any habitat of the 
        species that is recommended for designation as critical habitat 
        pursuant to this subsection and any recommendations for special 
        management considerations or protection that are specific to 
        the habitat.
            ``(2) Designation by the secretary.--The Secretary, to the 
        maximum extent prudent and determinable, shall by regulation 
        designate any habitat that is considered to be critical habitat 
        of an endangered species or a threatened species that is 
        indigenous to the United States or waters with respect to which 
        the United States exercises sovereign rights or jurisdiction.
                    ``(A) Designation.--
                            ``(i) Proposal.--Not later than 18 months 
                        after the date on which a final listing 
                        determination is made under section 4 for a 
                        species, the Secretary, after consultation and 
                        in cooperation with the recovery team, shall 
                        publish in the Federal Register a proposed 
regulation designating critical habitat for the species.
                            ``(ii) Promulgation.--The Secretary shall, 
                        after consultation and in cooperation with the 
                        recovery team, publish a final regulation 
                        designating critical habitat for a species not 
                        later than 30 months after the date on which a 
                        final listing determination is made under 
                        section 4 for the species.
                    ``(B) Other designations.--If a recovery plan is 
                not developed under this section for an endangered 
                species or a threatened species, the Secretary shall 
                publish a final critical habitat determination for the 
                endangered species or threatened species not later than 
                3 years after making a determination that the species 
                is an endangered species or a threatened species.
                    ``(C) Additional authority.--The Secretary may 
                publish a regulation designating critical habitat for 
                an endangered species or a threatened species 
                concurrently with the final regulation implementing the 
                determination that the species is endangered or 
                threatened if the Secretary determines that designation 
                of critical habitat at the time of listing is essential 
                to avoid the imminent extinction of the species.
            ``(3) Factors to be considered.--The designation of 
        critical habitat shall be made on the basis of the best 
        scientific and commercial data available and after taking into 
        consideration the economic impact, impacts to military training 
        and operations, and any other relevant impact, of specifying 
        any particular area as critical habitat. The Secretary shall 
        describe the economic impacts and other relevant impacts that 
        are to be considered under this subsection in the publication 
        of any proposed regulation designating critical habitat.
            ``(4) Exclusions.--The Secretary may exclude any area from 
        critical habitat for a species if the Secretary determines that 
        the benefits of the exclusion outweigh the benefits of 
        designating the area as part of the critical habitat, unless 
        the Secretary determines that the failure to designate the area 
        as critical habitat will result in the extinction of the 
        species.
            ``(5) Revisions.--The Secretary may, from time-to-time and 
        as appropriate, revise a designation. Each area designated as 
        critical habitat before the date of enactment of this 
        subsection shall continue to be considered so designated, until 
        the designation is revised in accordance with this subsection.
            ``(6) Petitions.--
                    ``(A) Determination that revision may be 
                warranted.--To the maximum extent practicable, not 
                later than 90 days after receiving the petition of an 
                interested person under section 553(e) of title 5, 
                United States Code, to revise a critical habitat 
                designation, the Secretary shall make a finding as to 
                whether the petition presents substantial scientific or 
                commercial information indicating that the revision may 
                be warranted. The Secretary shall promptly publish the 
                finding in the Federal Register.
                    ``(B) Notice of proposed action.--Not later than 1 
                year after receiving a petition that is found under 
                subparagraph (A) to present substantial information 
                indicating that the requested revision may be 
                warranted, the Secretary shall determine how to proceed 
                with the requested revision, and shall promptly publish 
                notice of the intention in the Federal Register.
            ``(7) Proposed and final regulations.--Any regulation to 
        designate critical habitat or implement a requested revision 
        shall be proposed and promulgated in accordance with paragraphs 
        (4), (5), and (6) of section 4(b) in the same manner as a 
        regulation to implement a determination with respect to listing 
        a species.
    ``(o) Reports.--The Secretary shall report every 2 years to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Resources of the House of Representatives on the status of 
efforts to develop and implement recovery plans for all species listed 
pursuant to section 4 and on the status of all species for which the 
plans have been developed.''.
    (c) Citizen Suits.--Section 11(g)(1)(C) of the Endangered Species 
Act of 1973 (16 U.S.C. 1540(g)(1)(C)) is amended by inserting ``or 
section 5'' after ``section 4''.
    (d) Conforming Amendments for Recovery Planning.--
            (1) Section 6(d)(1) of the Endangered Species Act of 1973 
        (16 U.S.C. 1535(d)(1)) is amended in the first sentence by 
        striking ``section 4(g)'' and inserting ``section 4(f)''.
            (2) Section 10(f)(5) of the Endangered Species Act of 1973 
        (16 U.S.C. 1539(f)(5)) is amended by striking the last 
        sentence.
            (3) Section 7(a)(1) of the Land and Water Conservation Fund 
        Act of 1965 (16 U.S.C. 460l-9) is amended in the undesignated 
        paragraph relating to the National Wildlife Refuge System by 
        striking ``section 5(a)'' and inserting ``section 5A(a)''.
            (4) Section 5(b) of Public Law 103-64 (16 U.S.C. 460iii-
        4(b)) is amended by striking ``section 5(b) of the Endangered 
        Species Act of 1973 (16 U.S.C. 1534(b))'' and inserting 
        ``section 5A(b) of the Endangered Species Act of 1973''.
            (5) Section 104(c)(4)(A)(ii)(I) of the Marine Mammal 
        Protection Act of 1972 (16 U.S.C. 1347(c)(4)(A)(ii)(I)) is 
        amended by striking ``section 4(f)'' and inserting ``section 
        5''.
            (6) Section 115(b)(2) of the Marine Mammal Protection Act 
        of 1972 (16 U.S.C. 1383(b)(2)) is amended by striking ``section 
        4(f) of the Endangered Species Act of 1973 (16 U.S.C. 
        1533(f))'' and inserting ``section 5 of the Endangered Species 
        Act of 1973''.
            (7) Section 118(f)(11) of the Marine Mammal Protection Act 
        of 1972 (16 U.S.C. 1387(f)(11)) is amended by striking 
        ``section 4'' and inserting ``section 5''.
            (8) The table of contents in the first section of the 
        Endangered Species Act of 1973 (16 U.S.C. prec. 1531) is 
        amended--
                    (A) by striking the item relating to section 5 and 
                inserting the following:

``Sec. 5. Recovery plans.
``Sec. 5A. Land acquisition.'';
                and
                    (B) by adding at the end the following:

``Sec. 18. Annual cost analysis by the Fish and Wildlife Service.''.
    (e) Plans for Previously Listed Species.--In the case of species 
included in the list published under section 4(c) of the Endangered 
Species Act of 1973 before the date of enactment of this Act, and for 
which no recovery plan was developed before that date, the Secretary of 
the Interior or the Secretary of Commerce, as appropriate, shall 
develop a final recovery plan in accordance with the requirements of 
section 5 of the Endangered Species Act of 1973 (as amended by this 
section) (including the priorities of section 5(b) of that Act) for not 
less than one-half of the species not later than 3 years after the date 
of enactment of this Act and for all species not later than 5 years 
after that date.

SEC. 4. INTERAGENCY CONSULTATION AND COOPERATION.

    (a) Reasonable and Prudent Alternatives.--
            (1) Definition.--Subsection (a) of section 3 of the 
        Endangered Species Act of 1973 (16 U.S.C. 1532) (as amended by 
        section 2(a)(2)) is amended by inserting the following after 
        the paragraph defining the term ``plant'' and redesignating the 
        subsequent paragraphs accordingly:
            ``(15) Reasonable and prudent alternatives.--The term 
        `reasonable and prudent alternatives' means alternative actions 
        identified during consultation that can be implemented in a 
        manner consistent with the intended purpose of the action, that 
        can be implemented consistent with the scope of the legal 
        authority and jurisdiction of the Federal agency, that are 
        economically and technologically feasible, and that the 
        Secretary believes would avoid the likelihood of jeopardizing 
        the continued existence of listed species or resulting in the 
        destruction or adverse modification of critical habitat.''.
            (2) Conforming amendment.--Section 7(n) of the Endangered 
        Species Act of 1973 (16 U.S.C. 1536(n)) is amended in the first 
        sentence by striking ``, as defined by section 3(13) of this 
        Act,''.
    (b) Inventory of Species on Federal Land.--Section 7(a)(1) of the 
Endangered Species Act of 1973 (16 U.S.C. 1536(a)(1)) is amended--
            (1) by striking ``Consultations.--(1) The'' and 
        inserting:``Consultations.--
            ``(1) In general.--
                    ``(A) Other programs.--The''; and
            (2) by adding at the end the following:
                    ``(B) Inventory of species on federal land.--The 
                head of each Federal agency that is responsible for the 
                management of land and water--
                            ``(i) shall, to the maximum extent 
                        practicable, by not later than December 31, 
                        2008, prepare and provide to the Secretary an 
                        inventory of the presence or occurrence of 
                        endangered species, threatened species, species 
                        that have been proposed for listing, and 
                        species that the Secretary has identified as 
                        candidates for listing under section 4, that 
                        are located on land or water owned or under the 
                        control of the agency; and
                            ``(ii) shall, at least once every 10 years 
                        thereafter, update the inventory required by 
                        clause (i) including newly listed species, 
                        species proposed for listing, and candidate 
                        species.''.
    (c) Consultation.--Section 7(a)(3) of the Endangered Species Act of 
1973 (16 U.S.C. 1536(a)(3)) is amended to read as follows:
            ``(3) Consultation.--
                    ``(A) Notification of actions.--Before commencing 
                any action, each Federal agency shall notify the 
                Secretary if the agency determines that the action may 
                affect an endangered species or a threatened species, 
                or critical habitat.
                    ``(B) Agency determination.--
                            ``(i) In general.--Each Federal agency 
                        shall consult with the Secretary as required by 
                        paragraph (2) on each action for which 
                        notification is required under subparagraph (A) 
                        unless--
                                    ``(I) the Federal agency makes a 
                                determination based on the opinion of a 
                                qualified biologist that the action is 
                                not likely to adversely affect an 
                                endangered species, a threatened 
                                species, or critical habitat;
                                    ``(II) the Federal agency notifies 
                                the Secretary that it has determined 
                                that the action is not likely to 
                                adversely affect any listed species or 
                                critical habitat and provides the 
                                Secretary, along with the notice, a 
                                copy of the information on which the 
                                agency based the determination; and
                                    ``(III) the Secretary does not 
                                object in writing to the agency's 
                                determination within 60 days after the 
                                date on which the notice is received.
                            ``(ii) Public access to information.--The 
                        Secretary shall maintain a list of notices 
                        received from Federal agencies under clause 
                        (i)(II) and shall make available to the public 
                        the list and, on request (subject to the 
                        exemptions specified in section 552(b) of title 
                        5, United States Code), the information 
                        received by the Secretary on which the agency 
                        based its determination.
                            ``(iii) Actions excluded.--The Secretary 
                        may by regulation identify categories of 
                        actions with respect to specific endangered 
                        species or threatened species that the 
                        Secretary determines are likely to have an 
                        adverse effect on the species or its critical 
habitat and, for which, the procedures of clause (i) shall not apply.
                            ``(iv) Basis for objection.--The Secretary 
                        shall object to a determination made by a 
                        Federal agency pursuant to clause (i), if--
                                    ``(I) the Secretary determines that 
                                the action may have an adverse effect 
                                on an endangered species, a threatened 
                                species or critical habitat;
                                    ``(II) the Secretary finds that 
                                there is insufficient information in 
                                the documentation accompanying the 
                                determination to evaluate the impact of 
                                the proposed action on endangered 
                                species, threatened species, or 
                                critical habitat; or
                                    ``(III) the Secretary finds that, 
                                because of the nature of the action and 
                                its potential impact on an endangered 
                                species, a threatened species, or 
                                critical habitat, review cannot be 
                                completed in 60 days.
                            ``(v) Reports.--The Secretary shall report 
                        to the Congress not less often than biennially 
                        with respect to the implementation of this 
                        subparagraph including in the report 
                        information on the circumstances that resulted 
                        in the Secretary making any objection to a 
                        determination made by a Federal agency under 
                        clause (i) and the availability of resources to 
                        carry out this section.
                    ``(C) Consultation at request of applicant.--
                Subject to such guidelines as the Secretary may 
                establish, a Federal agency shall consult with the 
                Secretary on any prospective agency action at the 
                request of, and in cooperation with, the prospective 
                permit or license applicant if the applicant has reason 
                to believe that an endangered species or a threatened 
                species may be present in the area affected by the 
                applicant's project and that implementation of the 
                action will likely affect the species.''.
    (d) GAO Report.--The Comptroller General of the United States shall 
report to the Committee on Environment and Public Works of the Senate 
and to the Committee on Resources of the House of Representatives not 
later than 3 years after the date of enactment of this Act, and 2 years 
thereafter, on the cost of formal consultation to Federal agencies and 
other persons carrying out actions subject to the requirements of 
section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536), 
including the costs of reasonable and prudent measures imposed.
    (e) New Listings.--Section 7(a) of the Endangered Species Act of 
1973 (16 U.S.C. 1536(a)) is amended by adding at the end the following:
            ``(5) Effect of listing on existing plans.--
                    ``(A) Definition of action.--For the purposes of 
                paragraph (2) and this paragraph, the term `action' 
                includes land use plans under the Federal Land Policy 
                and Management Act of 1976 (43 U.S.C. 1701 et seq.) and 
                land and resource management plans under the Forest and 
                Rangeland Renewable Resources Planning Act of 1974 (16 
                U.S.C. 1600 et seq.), as amended by the National Forest 
                Management Act of 1976 (16 U.S.C. 1600 note).
                    ``(B) Reinitiation of consultation.--Whenever a 
                determination to list a species as an endangered 
                species or a threatened species or designation of 
                critical habitat requires reinitiation of consultation 
                under paragraph (2) on an already approved action as 
                defined under subparagraph (A), the consultation shall 
                commence promptly, but not later than 90 days after the 
                date of the determination or designation, and shall be 
                completed not later than 1 year after the date on which 
                the consultation is commenced.
                    ``(C) Site-specific actions during consultation.--
                Notwithstanding subsection (d), the Federal agency 
                implementing the land use plan or land and resource 
                management plan under subparagraph (B) may authorize, 
                fund, or carry out a site-specific ongoing or 
                previously scheduled action within the scope of the 
                plan on the land before completing consultation on the 
                plan under subparagraph (B) pursuant to the 
                consultation procedures of this section and related 
                regulations, if--
                            ``(i) no consultation on the action is 
                        required; or
                            ``(ii) consultation on the action is 
                        required, the Secretary issues a biological 
                        opinion and the action satisfies the 
                        requirements of this section.''.
    (f) Improved Federal Agency Coordination.--Section 7(a) of the 
Endangered Species Act of 1973 (16 U.S.C. 1536(a)) (as amended by 
subsection (e)) is amended by adding at the end the following:
            ``(6) Consolidation of consultation and conferencing.--
                    ``(A) Consultation with a single agency.--
                Consultation and conferencing under this subsection 
                between the Secretary and a Federal agency may, with 
                the approval of the Secretary, encompass a number of 
                related or similar actions by the agency to be carried 
                out within a particular geographic area.
                    ``(B) Consultation with several agencies.--The 
                Secretary may consolidate requests for consultation or 
                conferencing from various Federal agencies the proposed 
                actions of which may affect the same endangered 
                species, threatened species, or species that have been 
                proposed for listing under section 4, within a 
                particular geographic area.''.
    (g) Use of Information Provided by States.--Section 7(b)(1) of the 
Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by 
adding at the end the following:
                    ``(C) Use of state information.--In conducting a 
                consultation under subsection (a)(2), the Secretary 
shall actively solicit and consider information from the State agency 
in each affected State.''.
    (h) Opportunity To Participate in Consultations.--Section 7(b)(1) 
of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as 
amended by subsection (g)) is amended by adding at the end the 
following:
                    ``(D) Opportunity to participate in 
                consultations.--
                            ``(i) In general.--In conducting a 
                        consultation under subsection (a)(2), the 
                        Secretary shall provide any person who has 
                        sought authorization or funding from a Federal 
                        agency for an action that is the subject of the 
                        consultation, the opportunity to--
                                    ``(I) before the development of a 
                                draft biological opinion, submit and 
                                discuss with the Secretary and the 
                                Federal agency information relevant to 
                                the effect of the proposed action on 
                                the species and the availability of 
                                reasonable and prudent alternatives (if 
                                a jeopardy opinion is to be issued) 
                                that the Federal agency and the person 
                                can take to avoid violation of 
                                subsection (a)(2);
                                    ``(II) receive information, on 
                                request, subject to the exemptions 
                                specified in section 552(b) of title 5, 
                                United States Code, on the status of 
                                the species, threats to the species, 
                                and conservation measures, used by the 
                                Secretary to develop the draft 
                                biological opinion and the final 
                                biological opinion, including the 
                                associated incidental taking 
                                statements; and
                                    ``(III) receive a copy of the draft 
                                biological opinion from the Federal 
                                agency and, before issuance of the 
                                final biological opinion, submit 
                                comments on the draft biological 
                                opinion and discuss with the Secretary 
                                and the Federal agency the basis for 
                                any finding in the draft biological 
                                opinion.
                            ``(ii) Explanation.--If reasonable and 
                        prudent alternatives are proposed by a person 
                        under clause (i) and the Secretary does not 
                        include the alternatives in the final 
                        biological opinion, the Secretary shall explain 
                        to the person why those alternatives were not 
                        included in the opinion.
                            ``(iii) Public access to information.--
                        Comments and other information submitted to, or 
                        received from, any person (pursuant to clause 
                        (i)) who seeks authorization or funding for an 
                        action shall be maintained in a file for that 
                        action by the Secretary and shall be made 
                        available to the public (subject to the 
                        exemptions specified in section 552(b) of title 
                        5, United States Code).''.
    (i) Incidental Taking Standards for Federal Agencies.--Section 
7(b)(4) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(4)) is 
amended--
            (1) in clause (ii), by inserting ``and mitigate'' after 
        ``to minimize''; and
            (2) by adding at the end the following: ``For the purposes 
        of this subsection, reasonable and prudent measures shall be 
        related both in nature and extent to the effect of the proposed 
        activity that is the subject of the consultation.''.
    (j) Emergency Consultations.--Section 7 of the Endangered Species 
Act of 1973 (16 U.S.C. 1536) is amended by adding the following:
    ``(q) Emergency Consultations.--In response to a natural disaster 
or other emergency, consultation under subsection (a)(2) may be 
deferred by a Federal agency for the emergency repair of a natural gas 
pipeline, hazardous liquid pipeline, or electrical transmission 
facility, if the repair is necessary to address an imminent threat to 
human lives or an imminent and significant threat to the environment. 
Consultation shall be initiated as soon as practicable after the threat 
to human lives or the environment has abated.''.
    (k) Revision of Regulations.--Not later than 1 year after the date 
of enactment of this Act, the Secretary of the Interior and the 
Secretary of Commerce shall promulgate modifications to part 402 of 
title 50, Code of Federal Regulations, to implement this section and 
the amendments made by this section.

SEC. 5. CONSERVATION PLANS.

    (a) Permit for Taking on the High Seas.--Section 10(a)(1)(B) of the 
Endangered Species Act of 1973 (16 U.S.C. 1539(a)(1)(B)) is amended by 
striking ``section 9(a)(1)(B)'' and inserting ``subparagraph (B) or (C) 
of section 9(a)(1)''.
    (b) Monitoring.--Section 10(a)(2)(B) of the Endangered Species Act 
of 1973 (16 U.S.C. 1539(a)(2)(B)) is amended in the last sentence by 
striking ``reporting'' and inserting ``monitoring and reporting''.
    (c) Other Plans.--Section 10(a) of the Endangered Species Act of 
1973 (16 U.S.C. 1539(a)) is amended by striking paragraph (2)(C) and 
inserting the following:
            ``(3) Multiple species conservation plans.--
                    ``(A) In general.--In addition to 1 or more listed 
                species, a conservation plan developed under paragraph 
                (2) may, at the request of the applicant, include 
                species proposed for listing under section 4(c), 
                candidate species, or other species found on land or 
                waters owned or within the jurisdiction of the 
                applicant covered by the plan.
                    ``(B) Approval criteria.--The Secretary shall 
                approve an application for a permit under paragraph 
                (1)(B) that includes species other than species listed 
                as endangered species or threatened species if, after 
                notice and opportunity for public comment, the 
                Secretary finds that the permit application and the 
                related conservation plan satisfy the criteria of 
                subparagraphs (A) and (B) of paragraph (2) with respect 
                to listed species, and that the permit application and 
                the related conservation plan with respect to other 
                species satisfy the following requirements--
                            ``(i) the impact on non-listed species 
                        included in the plan will be incidental;
                            ``(ii) the applicant will, to the maximum 
                        extent practicable, minimize and mitigate such 
                        impacts;
                            ``(iii) the actions taken by the applicant 
                        with respect to species proposed for listing or 
                        candidates for listing included in the plan, if 
                        undertaken by all similarly situated persons 
                        within the range of the species, are likely to 
                        eliminate the need to list the species as an 
                        endangered species or a threatened species for 
                        the duration of the agreement as a result of 
                        the activities conducted by those persons;
                            ``(iv) the actions taken by the applicant 
                        with respect to other non-listed species 
                        included in the plan, if undertaken by all 
                        similarly situated persons within the range of 
                        the species, would not be likely to contribute 
                        to a determination to list the species as an 
                        endangered species or a threatened species for 
                        the duration of the agreement; and
                            ``(v) the criteria of subparagraphs 
                        (A)(iv), (B)(iii), and (B)(v) of paragraph (2);
                and the Secretary has received such other assurances as 
                the Secretary may require that the plan will be 
                implemented. The permit shall contain such terms and 
                conditions as the Secretary determines to be necessary 
                or appropriate to carry out the purposes of this 
                paragraph, including such monitoring and reporting 
                requirements as the Secretary determines to be 
                necessary for determining whether the terms and 
                conditions are being complied with.
                    ``(C) Technical assistance and guidance.--To the 
                maximum extent practicable, the Secretary and the heads 
                of other Federal agencies, in cooperation with the 
                States, are authorized and encouraged to provide 
                technical assistance or guidance to any State or person 
                that is developing a multiple species conservation plan 
                under this paragraph. In providing technical assistance 
                or guidance, priority shall be given to landowners that 
                might otherwise encounter difficulty in developing such 
                a plan.
                    ``(D) Deadlines.--A conservation plan developed 
                under this paragraph shall be reviewed and approved or 
                disapproved by the Secretary not later than 1 year 
                after the date of submission, or within such other 
                period of time as is mutually agreeable to the 
                Secretary and the applicant.
                    ``(E) State and local law.--
                            ``(i) Other species.--Nothing in this 
                        paragraph shall limit the authority of a State 
                        or local government with respect to fish, 
                        wildlife, or plants that have not been listed 
                        as an endangered species or a threatened 
                        species under section 4.
                            ``(ii) Compliance.--An action by the 
                        Secretary, the Attorney General, or a person 
                        under section 11(g) to ensure compliance with a 
                        multiple species conservation plan and permit 
                        under this paragraph may be brought only 
                        against a permittee or the Secretary.
                    ``(F) Effective date of permit for non-listed 
                species.--In the case of any species not listed as an 
                endangered species or a threatened species, but covered 
                by an approved multiple species conservation plan, the 
                permit issued under paragraph (1)(B) shall take effect 
                without further action by the Secretary at the time the 
                species is listed pursuant to section 4(c), and to the 
                extent that the taking is otherwise prohibited by 
                subparagraph (B) or (C) of section 9(a)(1).
            ``(4) Low effect activities.--
                    ``(A) In general.--Notwithstanding paragraph 
                (2)(A), the Secretary may issue a permit for a low 
                effect activity authorizing any taking referred to in 
                paragraph (1)(B), if the Secretary determines that the 
                activity will have no more than a negligible effect, 
                both individually and cumulatively, on the species, any 
                taking associated with the activity will be incidental, 
                and the taking will not appreciably reduce the 
                likelihood of the survival and recovery of the species 
                in the wild. The permit shall require, to the extent 
                appropriate, actions to be taken by the permittee to 
                offset the effects of the activity on the species.
                    ``(B) Applications.--The Secretary shall minimize 
                the costs of permitting to the applicant by developing, 
                in cooperation with the States, model permit 
                applications that will constitute conservation plans 
                for low effect activities.
                    ``(C) Public comment; effective date.--On receipt 
                of a permit application for an activity that meets the 
                requirements of subparagraph (A), the Secretary shall 
                provide notice in a newspaper of general circulation in 
                the area of the activity not later than 30 days after 
                receipt and provide an opportunity for comment on the 
                permit. If the Secretary does not receive significant 
                adverse comment by the date that is 30 days after the 
                notice is published, the permit shall take effect 
                without further action by the Secretary 60 days after 
                the notice is published.
            ``(5) No surprises.--
                    ``(A) In general.--Each conservation plan developed 
                under this subsection shall include a no surprises 
                provision, as described in this paragraph.
                    ``(B) No surprises.--A person who has entered into, 
                and is in compliance with, a conservation plan under 
                this subsection may not be required to undertake any 
                additional mitigation measures for species covered by 
                the plan if such measures would require the payment of 
additional money, or the adoption of additional use, development, or 
management restrictions on any land, waters, or water-related rights 
that would otherwise be available under the terms of the plan without 
the consent of the permittee. The Secretary and the applicant, by the 
terms of the conservation plan, shall identify--
                            ``(i) other modifications to the plan; or
                            ``(ii) other additional measures;
                if any, that the Secretary may require under 
                extraordinary circumstances.
            ``(6) Permit revocation.--After notice and an opportunity 
        for correction, as appropriate, the Secretary shall revoke a 
        permit issued under this subsection if the Secretary finds that 
        the permittee is not complying with the terms and conditions of 
        the permit or the conservation plan.''.
    (d) Candidate Conservation Agreements.--
            (1) Permits.--Section 10(a)(1) of the Endangered Species 
        Act of 1973 (16 U.S.C. 1539(a)(1)) is amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (A);
                    (B) by striking the period at the end of 
                subparagraph (B) and inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(C) any taking incidental to, and not the purpose 
                of, the carrying out of an otherwise lawful activity 
                pursuant to a candidate conservation agreement entered 
                into under subsection (k).''.
            (2) Agreements.--Section 10 (16 U.S.C. 1539) is amended by 
        adding at the end the following:
    ``(k) Candidate Conservation Agreements.--
            ``(1) In general.--At the request of any non-Federal 
        person, the Secretary may enter into a candidate conservation 
        agreement with the person for a species that has been proposed 
        for listing under section 4(c)(1), is a candidate species, or 
        is likely to become a candidate species in the near future on 
        property owned or under the jurisdiction of the person 
        requesting such an agreement.
            ``(2) Review by the secretary.--
                    ``(A) Submission to the secretary.--A non-Federal 
                person may submit a candidate conservation agreement 
                developed under paragraph (1) to the Secretary for 
                review at any time before the listing described in 
                section 4(c)(1) of a species that is the subject of the 
                agreement.
                    ``(B) Criteria for approval.--The Secretary may 
                approve an agreement and issue a permit under 
                subsection (a)(1)(C) for the agreement if, after notice 
                and opportunity for public comment, the Secretary finds 
                that--
                            ``(i) for species proposed for listing, 
                        candidates for listing, or species that are 
                        likely to become a candidate species in the 
                        near future, that are included in the 
                        agreement, the actions taken under the 
                        agreement, if undertaken by all similarly 
                        situated persons, would produce a conservation 
                        benefit that would be likely to eliminate the 
                        need to list the species under section 4(c) as 
                        a result of the activities of those persons 
                        during the duration of the agreement;
                            ``(ii) the actions taken under the 
                        agreement will not adversely affect an 
                        endangered species or a threatened species;
                            ``(iii) the agreement contains such other 
                        measures that the Secretary may require as 
                        being necessary or appropriate for the purposes 
                        of the agreement;
                            ``(iv) the person will ensure adequate 
                        funding to implement the agreement; and
                            ``(v) the agreement includes such 
                        monitoring and reporting requirements as the 
                        Secretary determines to be necessary for 
                        determining whether the terms and conditions of 
                        the agreement are being complied with.
            ``(3) Effective date of permit.--A permit issued under 
        subsection (a)(1)(C) shall take effect at the time the species 
        is listed pursuant to section 4(c), if the permittee is in full 
        compliance with the terms and conditions of the agreement.
            ``(4) Assurances.--A person who has entered into a 
        candidate conservation agreement under this subsection, and is 
        in compliance with the agreement, may not be required to 
        undertake any additional measures for species covered by the 
        agreement if the measures would require the payment of 
        additional money, or the adoption of additional use, 
        development, or management restrictions on any land, waters, or 
        water-related rights that would otherwise be available under 
        the terms of the agreement without the consent of the person 
        entering into the agreement. The Secretary and the person 
        entering into a candidate conservation agreement, by the terms 
        of the agreement, shall identify--
                    ``(A) other modifications to the agreement; or
                    ``(B) other additional measures;
        if any, that the Secretary may require under extraordinary 
        circumstances.''.
    (e) Public Notice.--Section 10(c) of the Endangered Species Act of 
1973 (16 U.S.C. 1539(c)) is amended--
            (1) by striking ``thirty'' each place that it appears and 
        inserting ``60''; and
            (2) by inserting before the final sentence the following: 
        ``The Secretary may, with approval of the applicant, provide an 
        opportunity, as early as practicable, for public participation 
        in the development of a multiple species conservation plan and 
        permit application. If a multiple species conservation plan and 
        permit application have been developed without an opportunity 
        for public participation, the Secretary shall extend the public 
        comment period for an additional 30 days for interested parties 
        to submit written data, views, or arguments on the plan and 
        application.''.
    (f) Safe Harbor Agreements.--Section 10 of the Endangered Species 
Act of 1973 (16 U.S.C. 1539) (as amended by subsection (d)(2)) is 
amended by adding at the end the following:
    ``(l) Safe Harbor Agreements.--
            ``(1) Agreements.--
                    ``(A) In general.--The Secretary may enter into 
                agreements with non-Federal persons to benefit the 
                conservation of endangered species or threatened 
                species by creating, restoring, or improving habitat or 
                by maintaining currently unoccupied habitat for 
                endangered species or threatened species. Under an 
                agreement, the Secretary shall permit the person to 
                take endangered species or threatened species included 
                under the agreement on land or waters that are subject 
                to the agreement if the taking is incidental to, and 
                not the purpose of, carrying out of an otherwise lawful 
                activity, except that the Secretary may not permit 
                through an agreement any incidental taking below the 
                baseline requirement specified pursuant to subparagraph 
                (B).
                    ``(B) Baseline.--For each agreement under this 
                subsection, the Secretary shall establish a baseline 
                requirement that is mutually agreed on by the applicant 
                and the Secretary at the time of the agreement that 
                will, at a minimum, maintain existing conditions for 
                the species covered by the agreement on land and waters 
                that are subject to the agreement. The baseline may be 
                expressed in terms of the abundance or distribution of 
                endangered or threatened species, quantity or quality 
                of habitat, or such other indicators as appropriate.
            ``(2) Standards and guidelines.--The Secretary shall issue 
        standards and guidelines for the development and approval of 
        safe harbor agreements in accordance with this subsection.
            ``(3) Financial assistance.--
                    ``(A) In general.--In cooperation with the States 
                and subject to the availability of appropriations under 
                section 15(d), the Secretary may provide a grant of up 
                to $10,000 to any individual private landowner to 
                assist the landowner in carrying out a safe harbor 
                agreement under this subsection.
                    ``(B) Prohibition on assistance for required 
                activities.--The Secretary may not provide assistance 
                under this paragraph for any action that is required by 
                a permit issued under this Act or that is otherwise 
                required under this Act or other Federal law.
                    ``(C) Other payments.--A grant provided to an 
                individual private landowner under this paragraph shall 
                be in addition to, and not affect, the total amount of 
                payments that the landowner is otherwise eligible to 
                receive under the conservation reserve program 
                established under subchapter B of chapter 1 of subtitle 
                D of title XII of the Food Security Act of 1985 (16 
                U.S.C. 3831 et seq.), the wetlands reserve program 
                established under subchapter C of that chapter (16 
                U.S.C. 3837 et seq.), or the Wildlife Habitat 
                Incentives Program established under section 387 of the 
                Federal Agriculture Improvement and Reform Act of 1996 
                (16 U.S.C. 3836a).''.
    (g) Habitat Reserve Agreements.--Section 10 of the Endangered 
Species Act of 1973 (16 U.S.C. 1539) (as amended by subsection (f)) is 
amended by adding at the end the following:
    ``(m) Habitat Reserve Agreements.--
            ``(1) Program.--The Secretary shall establish a habitat 
        reserve program to be implemented through contracts or 
        easements of a mutually agreed on duration to assist non-
        Federal property owners to preserve and manage suitable habitat 
        for endangered species and threatened species.
            ``(2) Agreements.--The Secretary may enter into a habitat 
        reserve agreement with a non-Federal property owner to protect, 
        manage, or enhance suitable habitat on private property for the 
        benefit of endangered species or threatened species. Under an 
        agreement, the Secretary shall make payments in an agreed-on 
        amount to the property owner for carrying out the terms of the 
        habitat reserve agreement, if the activities undertaken 
        pursuant to the agreement are not otherwise required by this 
        Act.
            ``(3) Standards and guidelines.--The Secretary shall issue 
        standards and guidelines for the development and approval of 
        habitat reserve agreements in accordance with this subsection. 
        Agreements shall, at a minimum, specify the management 
        measures, if any, that the property owner will implement for 
        the benefit of endangered species or threatened species, the 
        conditions under which the property may be used, the nature and 
        schedule for any payments agreed on by the parties to the 
        agreement, and the duration of the agreement.
            ``(4) Payments.--Any payment received by a property owner 
        under a habitat reserve agreement shall be in addition to and 
        shall not affect the total amount of payments that the property 
        owner is otherwise entitled to receive under the Agricultural 
        Market Transition Act (7 U.S.C. 7201 et seq.) or the 
        Agricultural Act of 1949 (7 U.S.C. 1421 et seq.).
            ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary of the Interior 
        $27,500,000 and the Secretary of Commerce $13,333,333 for each 
        of fiscal years 2003 through 2008 to assist non-Federal 
        property owners in carrying out the terms of habitat reserve 
        programs under this subsection.''.
    (h) Habitat Conservation Planning Loan Program.--Section 10(a) of 
the Endangered Species Act of 1973 (16 U.S.C. 1539(a)) (as amended by 
subsection (c)) is amended by adding at the end the following:
            ``(7) Habitat conservation planning loan program.--
                    ``(A) Establishment.--There is established a 
                `Habitat Conservation Planning Loan Program' (referred 
                to in this paragraph as the `Program') under which the 
                Secretary may make no-interest loans to assist in the 
                development of a conservation plan under this section.
                    ``(B) Eligibility.--Any State, county, 
                municipality, or other political subdivision of a State 
                shall be eligible to receive a loan under the Program.
                    ``(C) Loan limits.--The amount of any loan may not 
                exceed the total financial contribution of the other 
                parties participating in the development of the plan.
                    ``(D) Criteria.--In determining whether to make a 
                loan, the Secretary shall consider--
                            ``(i) the number of species covered by the 
                        plan;
                            ``(ii) the extent to which there is a 
                        commitment to participate in the planning 
                        process from a diversity of interests 
                        (including local governmental, business, 
                        environmental, and landowner interests);
                            ``(iii) the likely benefits of the plan; 
                        and
                            ``(iv) such other factors as the Secretary 
                        considers appropriate.
                    ``(E) Term of the loan.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), a loan made under this paragraph 
                        shall be for a term of 10 years.
                            ``(ii) Advanced repayments.--If no 
                        conservation plan is developed within 3 years 
                        after the date of the loan, the loan shall be 
                        for a term of 4 years. If no permit is issued 
                        under paragraph (1)(B) with respect to the 
                        conservation plan within 4 years after the date 
                        of the loan, the loan shall be for a term of 5 
                        years.''.
    (i) Effect on Permits and Proposed Plans.--No amendment made by 
this section requires the modification of--
            (1) a permit issued under section 10 of the Endangered 
        Species Act of 1973 (16 U.S.C. 1539); or
            (2) a conservation plan submitted for approval pursuant to 
        that section;
before the date of enactment of this Act.
    (j) Rulemaking.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of the Interior and the Secretary of 
Commerce shall, after consultation with the States and notice and 
opportunity for public comment, publish final regulations implementing 
the provisions of section 10(a) of the Endangered Species Act of 1973 
(16 U.S.C. 1539(a)), as amended by this section.
    (k) NAS Report.--Not later than 2 years after the date of enactment 
of this Act, the Secretary of the Interior and the Secretary of 
Commerce shall enter into appropriate arrangements with the National 
Academy of Sciences to conduct a review of and prepare a report on the 
development and implementation of conservation plans under section 
10(a) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)). The 
report shall assess the extent to which those plans comply with the 
requirements of that Act, the role of multiple species conservation 
plans in preventing the need to list species covered by those plans, 
and the relationship of conservation plans for listed species to 
implementation of recovery plans. The report shall be transmitted to 
the Congress not later than 5 years after the date of enactment of this 
Act.
    (l) Scientific Permits.--Section 10(d) of the Endangered Species 
Act of 1973 (16 U.S.C. 1539(d)) is amended--
            (1) by striking ``Policy.--The'' and inserting ``Policy.--
            ``(1) In general.--The''; and
            (2) by adding at the end the following:
            ``(2) Scientific permits.--In granting permits for 
        scientific purposes or to enhance the propagation or survival 
        of an endangered species or a threatened species listed under 
        section 4(c), the Secretary may authorize a single transaction, 
        a series of transactions, or a number of activities over a 
        specific period of time. In issuing or modifying such a permit, 
        the Secretary shall take into consideration the expertise and 
        facilities of the permit applicant and, consistent with the 
        conservation of the affected species, maximize the efficiency 
        of the permitting process.''.
    (m) Habitat Conservation Insurance Program.--Section 10 of the 
Endangered Species Act of 1973 (16 U.S.C. 1539) (as amended by 
subsection (g)) is amended by adding at the end the following:
    ``(n) Habitat Conservation Insurance Program.--
            ``(1) Establishment.--There is established a Habitat 
        Conservation Insurance Program.
            ``(2) Use.--The Program shall be used to pay the cost of 
        additional mitigation measures not otherwise required under an 
        existing conservation plan under subsection (a) or a candidate 
        conservation agreement under subsection (k) to minimize or 
        mitigate adverse effects to a species covered by the plan or 
        agreement, to the extent that the adverse effects were not 
        anticipated and addressed at the time the plan or agreement was 
        approved by the Secretary.
            ``(3) Grants.--In carrying out the Program, the Secretary 
        may make grants to any person who is a party to a conservation 
        plan under subsection (a) or a candidate conservation agreement 
        under subsection (k).''.

SEC. 6. ENFORCEMENT.

    (a) Enforcement for Incidental Taking.--Section 11 of the 
Endangered Species Act of 1973 (16 U.S.C. 1540) is amended by adding 
after subsection (g) the following new subsection and redesignating the 
subsequent subsection accordingly:
    ``(h) Incidental Taking.--In any action under subsection (a), (b), 
or (e)(6) against any person for an alleged taking incidental to the 
carrying out of an otherwise lawful activity, the Secretary or the 
Attorney General must establish, using pertinent evidence based on 
scientifically valid principles, that the acts of the person have 
caused, or will cause, the taking, of--
            ``(1) an endangered species; or
            ``(2) a threatened species the taking of which is 
        prohibited pursuant to a regulation issued under section 
        4(d).''.
    (b) Citizen Suit for Incidental Taking.--Section 11(g) of the 
Endangered Species Act of 1973 (16 U.S.C. 1540(g)) is amended by adding 
the following new paragraph after paragraph (2) and redesignating the 
subsequent paragraphs accordingly:
            ``(3) Incidental taking.--In any action under this 
        subsection against any person for an alleged taking incidental 
        to the carrying out of an otherwise lawful activity, the person 
        commencing the action must establish, using pertinent evidence 
        based on scientifically valid principles, that the acts of the 
        person alleged to be in violation of section 9(a)(1) have 
        caused, or will cause, the taking, of--
                    ``(A) an endangered species; or
                    ``(B) a threatened species the taking of which is 
                prohibited pursuant to a regulation issued under 
                section 4(d).''.

SEC. 7. EDUCATION AND TECHNICAL ASSISTANCE.

    (a) In General.--Section 13 of the Endangered Species Act of 1973 
is amended to read as follows:

  ``private property owners education and technical assistance program

    ``Sec. 13. (a) In General.--In cooperation with the States and 
other Federal agencies, the Secretary shall develop and implement a 
private property owners education and technical assistance program to--
            ``(1) inform the public about this Act;
            ``(2) respond to requests for technical assistance from the 
        private property owners interested in conserving species listed 
        or proposed for listing under section 4(c)(1) and candidate 
        species on the property of the property owners; and
            ``(3) recognize exemplary efforts to conserve species on 
        private land.
    ``(b) Elements of the Program.--Under the program, the Secretary 
shall--
            ``(1) publish educational materials and conduct workshops 
        for private property owners and other members of the public on 
        the role of this Act in conserving endangered species and 
        threatened species, the principal mechanisms of this Act for 
        achieving species recovery, and potential sources of technical 
        and financial assistance;
            ``(2) assist field offices in providing timely advice to 
        property owners on how to comply with this Act;
            ``(3) provide technical assistance to State and local 
        governments and private property owners interested in 
        developing and implementing recovery plan implementation 
        agreements, conservation plans, and safe harbor agreements;
            ``(4) serve as a focal point for questions, requests, and 
        suggestions from property owners and local governments 
        concerning policies and actions of the Secretary in the 
        implementation of this Act;
            ``(5) provide training for Federal personnel responsible 
        for implementing this Act on concerns of private property 
        owners, to avoid unnecessary conflicts, and improving 
        implementation of this Act on private property; and
            ``(6) nominate for national recognition by the Secretary 
        property owners that are exemplary managers of land for the 
        benefit of species listed or proposed for listing under section 
        4(c)(1) or candidate species.''.
    (b) Conforming Amendment.--The table of contents in the first 
section of the Endangered Species Act of 1973 (16 U.S.C. prec. 1531) is 
amended by striking the item relating to section 13 and inserting the 
following:

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

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 15(a) of the Endangered Species Act of 
1973 (16 U.S.C. 1542(a)) is amended--
            (1) in paragraph (1), by striking ``and $41,500,000 for 
        fiscal year 1992'' and inserting ``$41,500,000 for fiscal year 
        1992, $90,000,000 for fiscal year 2003, $120,000,000 for fiscal 
        year 2004, $140,000,000 for fiscal year 2005, $160,000,000 for 
        fiscal year 2006, $165,000,000 for fiscal year 2007, and 
        $165,000,000 for fiscal year 2008'';
            (2) in paragraph (2)--
                    (A) by striking ``and $6,750,000'' and inserting 
                ``$6,750,000''; and
                    (B) by inserting after ``and 1992'' the following: 
                ``, $35,000,000 for fiscal year 2003, $50,000,000 for 
                fiscal year 2004, $60,000,000 for fiscal year 2005, 
                $65,000,000 for fiscal year 2006, $65,000,000 for 
                fiscal year 2007, and $70,000,000 for fiscal year 
                2008''; and
            (3) in paragraph (3)--
                    (A) by striking ``and $2,600,000'' and inserting 
                ``$2,600,000''; and
                    (B) by inserting ``, and $4,000,000 for each of 
                fiscal years 2003 through 2008'' after ``and 1992''.
    (b) Exemptions From Act.--Section 15(b) of the Endangered Species 
Act of 1973 (16 U.S.C. 1542(b)) is amended by inserting ``and $625,000 
for each of fiscal years 2003 through 2008'' after ``and 1992''.
    (c) Convention Implementation.--Section 15(c) of the Endangered 
Species Act of 1973 (16 U.S.C. 1542(c)) is amended--
            (1) by striking ``and $500,000'' and inserting 
        ``$500,000,''; and
            (2) by inserting ``and $1,000,000 for each fiscal year 2003 
        through 2008'' after ``and 1992,''.
    (d) Additional Authorizations.--Section 15 of the Endangered 
Species Act of 1973 (16 U.S.C. 1542) is amended by adding at the end 
the following:
    ``(d) Financial Assistance for Safe Harbor Agreements.--There are 
authorized to be appropriated to the Secretary of the Interior 
$10,000,000 and the Secretary of Commerce $5,000,000 for each of fiscal 
years 2003 through 2008 to carry out section 10(l).
    ``(e) Habitat Conservation Planning Loan Program.--There are 
authorized to be appropriated to the Habitat Conservation Planning Loan 
Program established by section 10(a)(7) $10,000,000 for each of fiscal 
years 2003 through 2005 and $5,000,000 for each of fiscal years 2006 
and 2007 to assist in the development of conservation plans.
    ``(f) Financial Assistance for Recovery Plan Implementation.--There 
are authorized to be appropriated to the Secretary of the Interior 
$30,000,000 and the Secretary of Commerce $15,000,000 for each of 
fiscal years 2003 through 2008 to carry out section 5(l)(4).
    ``(g) Habitat Conservation Insurance Program.--
            ``(1) In general.--Of the amounts appropriated for a fiscal 
        year under subsections (d), (e), and (f), 5 percent shall be 
        available for the Habitat Conservation Insurance Program 
        established under section 10(n).
            ``(2) Limitation.--If, at the end of any fiscal year, the 
        balance allocated for the Habitat Conservation Insurance 
        Program exceeds $10,000,000, paragraph (1) shall not apply 
        during the subsequent fiscal year.
    ``(h) Availability.--Amounts made available under this section 
shall remain available until expended.
    ``(i) Limitation on Use of Funds.--Of the funds made available to 
carry out section 5 for any fiscal year, not less than $32,000,000 
shall be available to the Secretary of the Interior and not less than 
$13,500,000 to the Secretary of Commerce to implement actions to 
recover listed species. Of the funds made available to the Secretary of 
the Interior and the Secretary of Commerce in each fiscal year to list 
species, the Secretary of the Interior and the Secretary of Commerce 
shall use not less than 10 percent of those funds in each fiscal year 
for delisting species. If any of the funds made available by the 
previous sentence are not needed in that fiscal year for delisting 
eligible species, those funds shall be available for listing.
    ``(j) Accounting and Strategic Management Plan.--Not later than 
November 30, 2003, the Secretary of the Interior and the Secretary of 
Commerce shall each submit to the Committee on Environment and Public 
Works of the Senate and the Committee on Resources of the House of 
Representatives--
            ``(1) an accounting for fiscal year 2003 of funds expended 
        by the Department of the Interior and the Department of 
        Commerce, respectively, to carry out the Department's functions 
        and responsibilities under this Act; and
            ``(2) a management plan describing the projected future 
        uses by the respective Department of authorized funds for 
        fiscal years 2004 through 2008.''.
    (e) Assistance to States for Conservation Activities.--Section 6(i) 
of the Endangered Species Act of 1973 (16 U.S.C. 1535(i)) is amended by 
adding at the end the following:
            ``(3) Assistance to states for conservation activities.--
        There are authorized to be appropriated to the Secretary such 
        sums as are necessary for each of fiscal years 2003 through 
        2008 to provide financial assistance to State agencies to carry 
        out conservation activities under other sections of this Act, 
        including the provision of technical assistance for the 
        development and implementation of recovery plans.''.

SEC. 9. OTHER AMENDMENTS.

    (a) Definitions.--
            (1) Candidate species.--Subsection (a) of section 3 of the 
        Endangered Species Act of 1973 (16 U.S.C. 1532) (as amended by 
        section 2(a)(2)) is amended by redesignating paragraphs (2) 
through (10) as paragraphs (3) through (11), respectively, and 
inserting the following after paragraph (1):
            ``(2) Candidate species.--The term `candidate species' 
        means a species for which the Secretary has on file sufficient 
        information on biological vulnerability and threats to support 
        a proposal to list the species as an endangered species or a 
        threatened species, but for which listing is precluded because 
        of pending proposals to list species that are of a higher 
        priority. This paragraph shall not apply to any species defined 
        as a candidate species by the Secretary of Commerce before the 
        date of enactment of this sentence.''.
            (2) In cooperation with the states.--Subsection (a) of 
        section 3 of the Endangered Species Act of 1973 (16 U.S.C. 
        1532) (as amended by sections 2(a)(2) and 4(a)(1) and this 
        subsection) is amended by inserting the following after the 
        paragraph defining the term ``import'' and redesignating the 
        subsequent paragraphs accordingly:
            ``(12) In cooperation with the states.--The term `in 
        cooperation with the States' means a process under which--
                    ``(A) the State agency in each of the affected 
                States, or the representative of the State agency, is 
                given an opportunity to participate in a meaningful and 
                timely manner in the development of the standards, 
                guidelines, and regulations to implement the applicable 
                provisions of this Act; and
                    ``(B) the Secretary carefully considers all 
                substantive concerns raised by the State agency, or the 
                representative of the State agency, and, to the maximum 
                extent practicable consistent with this Act, 
                incorporates their suggestions and recommendations, 
                while retaining final decision making authority.''.
            (3) Rural area.--Subsection (a) of section 3 of the 
        Endangered Species Act of 1973 (16 U.S.C. 1532) (as amended by 
        sections 2(a)(2) and 4(a)(1) and this subsection) is amended by 
        inserting the following after the paragraph defining the term 
        ``reasonable and prudent alternatives'' and redesignating the 
        subsequent paragraphs accordingly:
            ``(17) Rural area.--The term `rural area' means a county or 
        unincorporated area that has no city or town that has a 
        population of more than 10,000 inhabitants.''.
            (4) Commonwealth of the northern mariana islands.--
        Subsection (a)(20) of section 3 of the Endangered Species Act 
        of 1973 (16 U.S.C. 1532) (as amended by sections 2(a)(2) and 
        4(a)(1) and this subsection) is amended by striking ``Trust 
        Territories of the Pacific Islands'' and inserting 
        ``Commonwealth of the Northern Mariana Islands''.
            (5) Territorial sea.--Subsection (a) of section 3 of the 
        Endangered Species Act of 1973 (16 U.S.C. 1532) (as amended by 
        sections 2(a)(2) and 4(a)(1) and this subsection) is amended by 
        inserting the following after the paragraph defining the term 
        ``take'' and redesignating the subsequent paragraphs 
        accordingly:
            ``(23) Territorial sea.--The term `territorial sea' means 
        the 12-nautical-mile maritime zone set forth in Presidential 
        Proclamation 5928, dated December 27, 1988.''.
    (b) Findings, Purposes, and Policy.--
            (1) Commercial value.--Section 2(a)(3) of the Endangered 
        Species Act of 1973 (16 U.S.C. 1531(a)(3)) is amended by 
        inserting ``commercial,'' after ``recreational,''.
            (2) Agency coordination.--Section 2(c) of the Endangered 
        Species Act of 1973 (16 U.S.C. 1531(c)) is amended by adding at 
        the end the following:
            ``(3) Agency coordination.--Federal agencies are encouraged 
        to coordinate and collaborate to further the conservation of 
        endangered species and threatened species.''.
    (c) No Taking Agreements.--Section 9 of the Endangered Species Act 
of 1973 (16 U.S.C. 1538) is amended by adding at the end the following:
    ``(h) No Taking Agreements.--The Secretary and a non-Federal 
property owner may, at the request of the property owner, enter into an 
agreement identifying activities of the property owner that, based on a 
determination of the Secretary, will not result in a violation of the 
prohibitions of paragraphs (1)(B), (1)(C), and (2)(B) of subsection 
(a). The Secretary shall respond to a request for an agreement 
submitted by a property owner within 90 days after receipt of the 
request. Nothing in this subsection prevents the Secretary, the 
Attorney General, or any other person from commencing an enforcement 
action under section 11.''.
    (d) Conforming Amendments.--
            (1) Section heading.--The section heading of section 10 of 
        the Endangered Species Act of 1973 (16 U.S.C. 1539) is amended 
        to read as follows:

               ``conservation measures and exceptions''.

            (2) Table of contents.--The table of contents in the first 
        section of the Endangered Species Act of 1973 (16 U.S.C. prec. 
        1531) is amended by striking the item relating to section 10 
        and inserting the following:

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