[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3824 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3824

To amend and reauthorize the Endangered Species Act of 1973 to provide 
greater results conserving and recovering listed species, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 19, 2005

 Mr. Pombo (for himself, Mr. Cardoza, Mr. Walden of Oregon, Mr. Berry, 
 Mr. Radanovich, Mr. Ross, Mrs. Cubin, Miss McMorris, Mr. Thompson of 
  Mississippi, Mr. Brown of South Carolina, Mr. Baca, Mr. Graves, Mr. 
   Costa, and Mr. Gibbons) introduced the following bill; which was 
                 referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To amend and reauthorize the Endangered Species Act of 1973 to provide 
greater results conserving and recovering listed species, and for other 
                               purposes.

    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 ``Threatened and 
Endangered Species Recovery Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment references.
Sec. 3. Definitions.
Sec. 4. Determinations of endangered species and threatened species.
Sec. 5. Repeal of critical habitat requirements.
Sec. 6. Petitions and procedures for determinations and revisions.
Sec. 7. Reviews of listings and determinations.
Sec. 8. Protective regulations.
Sec. 9. Secretarial guidelines; State comments.
Sec. 10. Recovery plans and land acquisitions.
Sec. 11. Cooperation with States.
Sec. 12. Interagency cooperation and consultation.
Sec. 13. Exceptions to prohibitions.
Sec. 14. Private property conservation.
Sec. 15. Public accessibility and accountability.
Sec. 16. Annual cost analyses.
Sec. 17. Authorization of appropriations.
Sec. 18. Clerical amendment to table of contents.
Sec. 19. Miscellaneous technical corrections.

SEC. 2. AMENDMENT REFERENCES.

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

SEC. 3. DEFINITIONS.

    (a) Best Available Scientific Data.--Section 3 (16 U.S.C. 1532) is 
amended by redesignating paragraphs (2) through (21) in order as 
paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (11), (13), (14), 
(15), (16), (17), (18), (19), (20), (21), and (22), respectively, and 
by inserting before paragraph (3), as so redesignated, the following:
            ``(2)(A) The term `best available scientific data' means 
        scientific data, regardless of source, that are available to 
        the Secretary at the time of a decision or action for which 
        such data are required by this Act and that the Secretary 
        determines are the most accurate, reliable, and relevant for 
        use in that decision or action.
            ``(B) Not later than one year after the date of the 
        enactment of the Threatened and Endangered Species Recovery Act 
        of 2005, the Secretary shall issue regulations that establish 
        criteria that must be met to determine which data constitute 
        the best available scientific data for purposes of subparagraph 
        (A).
            ``(C) If the Secretary determines that data for a decision 
        or action do not comply with the criteria established by the 
        regulations issued under subparagraph (B), do not comply with 
        guidance issued under section 515 of the Treasury and General 
        Government Appropriations Act, 2001 (Public Law 106-554; 114 
        Stat. 2763A-171) by the Director of the Office of Management 
        and Budget and the Secretary, do not consist of any empirical 
        data, or are found in sources that have not been subject to 
        peer review in a generally acceptable manner--
                    ``(i) the Secretary shall undertake the necessary 
                measures to assure compliance with such criteria or 
                guidance; and
                    ``(ii) the Secretary may--
                            ``(I) secure such empirical data;
                            ``(II) seek appropriate peer review; and
                            ``(III) reconsider the decision or action 
                        based on any supplemental or different data 
                        provided or any peer review conducted pursuant 
                        to this subparagraph.''.
    (b) Permit or License Applicant.--Section 3 (16 U.S.C. 1532) is 
further amended by amending paragraph (13), as so redesignated, to read 
as follows:
            ``(13) The term `permit or license applicant' means, when 
        used with respect to an action of a Federal agency that is 
        subject to section 7(a) or (b), any person that has applied to 
        such agency for a permit or license or for formal legal 
        approval to perform an act.''.
    (c) Jeopardize the Continued Existence.--Section 3 (16 U.S.C. 1532) 
is further amended by inserting after paragraph (11) the following:
            ``(12) Jeopardize the continued existence.--The term 
        `jeopardize the continued existence' means, with respect to an 
        agency action (as that term is defined in section 7(a)(2)), 
        that the action reasonably would be expected to significantly 
        impede, directly or indirectly, the conservation in the long-
        term of the species in the wild.''.
    (d) Conforming Amendment.--Section 7(n) (16 U.S.C. 1536(n)) is 
amended by striking ``section 3(13)'' and inserting ``section 3(14)''.

SEC. 4. DETERMINATIONS OF ENDANGERED SPECIES AND THREATENED SPECIES.

    (a) Requirement to Make Determinations.--Section 4 (16 U.S.C. 1533) 
is amended by striking so much as precedes subsection (a)(3) and 
inserting the following:

      ``determination of endangered species and threatened species

    ``Sec. 4. (a) In General.--(1)(A) The Secretary shall by regulation 
promulgated in accordance with subsection (b) determine whether any 
species is an endangered species or a threatened species because of any 
of the following factors:
            ``(i) The present or threatened destruction, modification, 
        or curtailment of its habitat or range by human activities, 
        competition from other species, drought, fire, or other 
        catastrophic natural causes.
            ``(ii) Overutilization for commercial, recreational, 
        scientific, or educational purposes.
            ``(iii) Disease or predation.
            ``(iv) The inadequacy of existing regulatory mechanisms, 
        including any efforts identified pursuant to subsection (b)(1).
            ``(v) Other natural or manmade factors affecting its 
        continued existence.
    ``(B) The Secretary shall use the authority provided by 
subparagraph (A) to determine any distinct population of any species of 
vertebrate fish or wildlife to be an endangered species or a threatened 
species only sparingly.''.
    (b) Basis for Determination.--Section 4(b)(1)(A) (16 U.S.C. 
1533(b)(1)(A)) is amended--
            (1) by striking ``best scientific and commercial data 
        available to him'' and inserting ``best available scientific 
        data''; and
            (2) by inserting ``Federal agency, any'' after ``being made 
        by any''.
    (c) Lists.--Section 4(c)(2) (16 U.S.C. 1533(c)(2)) is amended to 
read as follows:
    ``(2)(A) The Secretary shall--
                    ``(i) conduct, at least once every 5 years, based 
                on the information collected for the biennial reports 
                to the Congress required by paragraph (3) of subsection 
                (f), a review of all species included in a list that is 
                published pursuant to paragraph (1) and that is in 
                effect at the time of such review; and
                    ``(ii) determine on the basis of such review and 
                any other information the Secretary considers relevant 
                whether any such species should--
                            ``(I) be removed from such list;
                            ``(II) be changed in status from an 
                        endangered species to a threatened species; or
                            ``(III) be changed in status from a 
                        threatened species to an endangered species.
            ``(B) Each determination under subparagraph (A)(ii) shall 
        be made in accordance with subsections (a) and (b).''.

SEC. 5. REPEAL OF CRITICAL HABITAT REQUIREMENTS.

    (a) Repeal of Requirement.--Section 4(a) (16 U.S.C. 1533(a)) is 
amended by striking paragraph (3).
    (b) Conforming Amendments.--
            (1) Section 3 (16 U.S.C. 1532), as amended by section 3 of 
        this Act, is further amended by striking paragraph (5) and by 
        redesignating paragraphs (6) through (22) in order as 
        paragraphs (5) through (21).
            (2) Section 4(b) (16 U.S.C. 1533(b)), as otherwise amended 
        by this Act, is further amended by striking paragraph (2), and 
        by redesignating paragraphs (3) through (9) in order as 
        paragraphs (2) through (8), respectively.
            (3) Section 4(b) (16 U.S.C. 1533(b)) is further amended in 
        paragraph (2), as redesignated by paragraph (2) of this 
        subsection, by striking subparagraph (D).
            (4) Section 4(b) (16 U.S.C. 1533(b)) is further amended in 
        paragraph (4), as redesignated by paragraph (2) of this 
        subsection, by striking ``determination, designation, or 
        revision referred to in subsection (a)(1) or (3)'' and 
        inserting ``determination referred to in subsection (a)(1)''.
            (5) Section 4(b) (16 U.S.C. 1533(b)) is further amended in 
        paragraph (6), as redesignated by paragraph (2) of this 
        subsection, by striking ``, designation,''.
            (6) Section 4(b) (16 U.S.C. 1533(b)) is further amended in 
        paragraph (7), as redesignated by paragraph (2) of this 
        subsection, by striking ``; and if such regulation'' and all 
        that follows through the end of the sentence and inserting a 
        period.
            (7) Section 4(c)(1) (16 U.S.C. 1533(c)(1)) is amended--
                    (A) in the second sentence--
                            (i) by inserting ``and'' after ``if any''; 
                        and
                            (ii) by striking ``and specify any'' and 
                        all that follows through the end of the 
                        sentence and inserting a period; and
                    (B) in the third sentence by striking ``, 
                designations,''.
            (8) Section 5 (16 U.S.C. 1534), as amended by section 
        10(a)(3) of this Act, is further amended in subsection (i)(2) 
        by striking ``section 4(b)(7)'' and inserting ``section 
        4(b)(6)''.
            (9) Section 6(c) (16 U.S.C. 1535(c)), as amended by section 
        11(1) of this Act, is further amended in paragraph (3) by 
        striking ``section 4(b)(3)(B)(iii)'' each place it appears and 
        inserting ``section 4(b)(2)(B)(iii)''.
            (10) Section 7 (16 U.S.C. 1536) is amended--
                    (A) in subsection (a)(2) in the second sentence by 
                striking ``or result in the destruction or modification 
                of any habitat of such species'' and all that follows 
                through the end of the sentence and inserting a period;
                    (B) in subsection (a)(4) in the first sentence by 
                striking ``or result'' and all that follows through the 
                end of the sentence and inserting a period; and
                    (C) in subsection (b)(3)(A) by striking ``or its 
                critical habitat''.
            (11) Section 10(j)(2)(C)) (16 U.S.C. 1539(j)(2)(C)), as 
        amended by section 13(c) of this Act, is further amended--
                    (A) by striking ``that--'' and all that follows 
                through ``(i) solely'' and inserting ``that solely''; 
                and
                    (B) by striking ``; and'' and all that follows 
                through the end of the sentence and inserting a period.

SEC. 6. PETITIONS AND PROCEDURES FOR DETERMINATIONS AND REVISIONS.

    (a) Treatment of Petitions.--Section 4(b)(3) (16 U.S.C. 1533(b)(3)) 
is amended by adding at the end of subparagraph (A) the following: 
``The Secretary shall not make a finding that the petition presents 
substantial scientific or commercial information indicating that the 
petitioned action may be warranted unless the petitioner provides to 
the Secretary a copy of all information cited in the petition.''.
    (b) Implementing Regulations.--
            (1) Proposed regulations.--Section 4(b) (16 U.S.C. 1533(b)) 
        is amended--
                    (A) in paragraph (5)(A)--
                            (i) in clause (i) by striking ``, and'' and 
                        inserting a semicolon;
                            (ii) in clause (ii) by striking ``to the 
                        State agency in'' and inserting ``to the 
                        Governor of, and the State agency in,'';
                            (iii) in clause (ii) by striking ``such 
                        agency'' and inserting ``such Governor or 
                        agency'';
                            (iv) in clause (ii) by inserting ``and'' 
                        after the semicolon at the end; and
                            (v) by adding at the end the following:
            ``(iii) maintain, and shall make available, a complete 
        record of all information concerning the determination or 
        revision in the possession of the Secretary, on a publicly 
        accessible website on the Internet, including an index to such 
        information.''; and
                    (B) by adding at the end the following:
            ``(9)(A) Information maintained and made available under 
        paragraph (5)(A)(iii) shall include any status review, all 
        information cited in such a status review, all information 
        referred to in the proposed regulation and the preamble to the 
        proposed regulation, and all information submitted to the 
        Secretary by third parties.
            ``(B) The Secretary shall withhold from public review under 
        paragraph (5)(A)(iii) any information that may be withheld 
        under 552 of title 5, United States Code''.
            (2) Final regulations.--Section 4(b)(6) (16 U.S.C. 
        1533(b)(6)) is amended--
                    (A) in subparagraph (A) by striking clauses (i) and 
                (ii) and inserting the following:
            ``(i) a final regulation to implement such a determination 
        of whether a species is an endangered species or a threatened 
        species;
            ``(ii) notice that such one-year period is being extended 
        under subparagraph (B)(i); or
            ``(iii) notice that the proposed regulation is being 
        withdrawn under subparagraph (B)(ii), together with the finding 
        on which such withdrawal is based.'';
                    (B) in subparagraph (B)(i) by striking 
                ``subparagraph (A)(i)'' and inserting ``subparagraph 
                (A)'';
                    (C) in subparagraph (B)(ii) by striking 
                ``subparagraph (A)(i)'' and inserting ``subparagraph 
                (A)''; and
                    (D) by striking subparagraph (C).
            (3) Emergency determinations.--Section 4(b)(7) (16 U.S.C. 
        1533(b)(7)) is amended--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``with respect to a determination of a 
                species to be an endangered species or a threatened 
                species'' after ``any regulation''; and
                    (B) in subparagraph (B), by striking ``the State 
                agency in'' and inserting ``the Governor of, and State 
                agency in,''.

SEC. 7. REVIEWS OF LISTINGS AND DETERMINATIONS.

    Section 4(c) (16 U.S.C. 1533(c)) is amended in paragraph (2)--
            (1) in subparagraph (B)--
                    (A) in the matter preceding clause (i), by striking 
                ``any such species should''; and
                    (B) in each of clause (i), (ii), and (iii), by 
                inserting ``any such species should'' before ``be''; 
                and
            (2) by striking the last sentence and inserting the 
        following:
    ``(3) Each determination under paragraph (2)(B) shall consider one 
of the following:
            ``(A) Except as provided in subparagraph (B) of this 
        paragraph, the criteria in the recovery plan for the species 
        required by section 5(c)(1)(A) or (B).
            ``(B) If the recovery plan is issued before the criteria 
        required under section 5(c)(1)(A) and (B) are established or if 
        no recovery plan exists for the species, the factors for 
        determination that a species is an endangered species or a 
        threatened species set forth in subsections (a)(1)(A) and 
        (b)(1).
            ``(C) A finding of fundamental error in the determination 
        that the species is an endangered species, a threatened 
        species, or extinct.
            ``(D) A determination that the species is no longer an 
        endangered species or threatened species or in danger of 
        extinction, based on an analysis of the factors that are the 
        basis for listing under section 4(a)(1).''.

SEC. 8. PROTECTIVE REGULATIONS.

    Section 4(d) (16 U.S.C. 1533(d)) is amended by striking so much as 
precedes ``respect'' and inserting the following:
    ``(d) Protective Regulations.--(1) Whenever any species is 
determined to be a threatened species pursuant to subsection (a)(1), 
the Secretary may, by regulation published on or after the date of 
publication of the rule implementing the determination, prohibit with 
respect to the threatened species any act prohibited under section 
9(a)(1) in the case of fish or wildlife, or section 9(a)(2) in the case 
of plants, with respect to endangered species.
    ``(2) Each regulation published under this subsection shall be 
accompanied with a statement by the Secretary of the reason or reasons 
for applying any particular prohibition to the threatened species.
    ``(3) A regulation issued under this subsection may apply to more 
than one threatened species only if the specific threats to, and 
specific biological conditions and needs of, the species are identical, 
or sufficiently similar, to warrant the application of identical 
prohibitions.
    ``(4) With''.

SEC. 9. SECRETARIAL GUIDELINES; STATE COMMENTS.

    Section 4 (16 U.S.C. 1533) is amended--
            (1) by striking subsections (f) and (g) and redesignating 
        subsections (h) and (i) as subsections (f) and (g), 
        respectively;
            (2) in subsection (f), as redesignated by paragraph (1) of 
        this subsection--
                    (A) in the heading by striking ``Agency'' and 
                inserting ``Secretarial'';
                    (B) in the matter preceding paragraph (1), by 
                striking ``the purposes of this section are achieved'' 
                and inserting ``this section is implemented'';
                    (C) by redesignating paragraph (4) as paragraph 
                (5);
                    (D) by inserting after paragraph (3) the following:
            ``(4) the criteria for determining best available 
        scientific data pursuant to section 3(2); and''; and
                    (E) in paragraph (5), as redesignated by 
                subparagraph (C) of this paragraph, by striking 
                ``subsection (f) of this section'' and inserting 
                ``section 5'';
            (3) in subsection (g), as redesignated by paragraph (1) of 
        this section--
                    (A) by inserting ``State Comments.--'' before the 
                first sentence;
                    (B) by striking ``a State agency'' the first place 
                it appears and inserting ``a Governor or a State 
                agency'';
                    (C) by striking ``a State agency'' the second place 
                it appears and inserting ``a Governor or a State 
                agency'';
                    (D) by striking ``the State agency'' and inserting 
                ``the Governor or the State agency''; and
                    (E) by striking ``the agency's'' and inserting 
                ``the Governor's or the State agency's''.

SEC. 10. RECOVERY PLANS AND LAND ACQUISITIONS.

    (a) In General.--Section 5 (16 U.S.C. 1534) is amended--
            (1) by redesignating subsections (a) and (b) as subsections 
        (j) and (k), respectively;
            (2) in subsection (k), as redesignated by paragraph (1) of 
        this section, by striking ``subsection (a) of this section'' 
        and inserting ``subsection (j)''; and
            (3) by striking so much as precedes subsection (j), as 
        redesignated by paragraph (1) of this section, and inserting 
        the following:

                 ``recovery plans and land acquisition

    ``Sec. 5. (a) Recovery Plans.--The Secretary shall, in accordance 
with this section, develop and implement a plan (in this subsection 
referred to as a `recovery plan') for the species determined under 
section 4(a)(1) to be an endangered species or a threatened species, 
unless the Secretary finds that such a plan will not promote the 
conservation and survival of the species.
    ``(b) Development of Recovery Plans.--(1) Subject to paragraphs (2) 
and (3), the Secretary, in developing recovery plans, shall, to the 
maximum extent practicable, give priority to those endangered species 
or threatened species, without regard to taxonomic classification, that 
are most likely to benefit from such plans, particularly those species 
that are, or may be, in conflict with construction or other development 
projects or other forms of economic activity.
    ``(2) In the case of any species determined to be an endangered 
species or threatened species after the date of the enactment of the 
Threatened and Endangered Species Recovery Act of 2005, the Secretary 
shall publish a final recovery plan for a species within 2 years after 
the date the species is listed under section 4(c).
    ``(3)(A) For those species that are listed under section 4(c) on 
the date of enactment of the Threatened and Endangered Species Recovery 
Act of 2005 and are described in subparagraph (B) of this paragraph, 
the Secretary, after providing for public notice and comment, shall--
            ``(i) not later than 1 year after such date, publish in the 
        Federal Register a priority ranking system for preparing or 
        revising such recovery plans that is consistent with paragraph 
        (1) and takes into consideration the scientifically based needs 
        of the species; and
            ``(ii) not later than 18 months after such date, publish in 
        the Federal Register a list of such species ranked in 
        accordance with the priority ranking system published under 
        clause (i) for which such recovery plans will be developed or 
        revised, and a tentative schedule for such development or 
        revision.
    ``(B) A species is described in this subparagraph if--
            ``(i) a recovery plan for the species is not published 
        under this Act before the date of enactment of the Threatened 
        and Endangered Species Recovery Act of 2005 and the Secretary 
        finds such a plan would promote the conservation and survival 
        of the species; or
            ``(ii) a recovery plan for the species is published under 
        this Act before such date of enactment and the Secretary finds 
        revision of such plan is warranted.
    ``(C)(i) The Secretary shall, to the maximum extent practicable, 
adhere to the list and tentative schedule published under subparagraph 
(A)(ii) in developing or revising recovery plans pursuant to this 
paragraph.
    ``(ii) The Secretary shall provide the reasons for any deviation 
from the list and tentative schedule published under subparagraph 
(A)(ii), in each report to the Congress under subsection (e).
    ``(c) Plan Contents.--(1)(A) Except as provided in subparagraph 
(E), a recovery plan shall be based on the best available scientific 
data and shall include the following:
            ``(i) Objective, measurable criteria that, when met, would 
        result in a determination, in accordance with this section, 
        that the species to which the recovery plan applies be removed 
        from the lists published under section 4(c) or be reclassified 
        from an endangered species to a threatened species.
            ``(ii) A description of such site-specific or other 
        measures that would achieve the criteria established under 
        clause (i), including such intermediate measures as are 
        warranted to effect progress toward achievement of the 
        criteria.
            ``(iii) Estimates of the time required and the costs to 
        carry out those measures described under clause (ii), 
        including, to the extent practicable, estimated costs for any 
        recommendations, by the recovery team, or by the Secretary if 
        no recovery team is selected, that any of the areas identified 
        under clause (iv) be acquired on a willing seller basis.
            ``(iv) An identification of those specific areas that are 
        of special value to the conservation of the species.
    ``(B) Those members of any recovery team appointed pursuant to 
subsection (d) with relevant scientific expertise, or the Secretary if 
no recovery team is appointed, shall, based solely on the best 
available scientific data, establish the objective, measurable criteria 
required under subparagraph (A)(i).
    ``(C)(i) If the recovery team, or the Secretary if no recovery team 
is appointed, determines in the recovery plan that insufficient best 
available scientific data exist to determine criteria or measures under 
subparagraph (A) that could achieve a determination to remove the 
species from the lists published under section 4(c), the recovery plan 
shall contain interim criteria and measures that are likely to improve 
the status of the species.
    ``(ii) If a recovery plan does not contain the criteria and 
measures provided for by clause (i) of subparagraph (A), the recovery 
team for the plan, or by the Secretary if no recovery team is 
appointed, shall review the plan at intervals of no greater than 5 
years and determine if the plan can be revised to contain the criteria 
and measures required under subparagraph (A).
    ``(iii) If the recovery team or the Secretary, respectively, 
determines under clause (ii) that a recovery plan can be revised to add 
the criteria and measures provided for under subparagraph (A), the 
recovery team or the Secretary, as applicable, shall revise the 
recovery plan to add such criteria and measures within 2 years after 
the date of the determination.
    ``(D) In specifying measures in a recovery plan under subparagraph 
(A), a recovery team or the Secretary, as applicable, shall--
            ``(i) whenever possible include alternative measures; and
            ``(ii) in developing such alternative measures, the 
        Secretary shall seek to identify, among such alternative 
        measures of comparable expected efficacy, the alternative 
        measures that are least costly.
    ``(E) Estimates of time and costs pursuant to subparagraph 
(A)(iii), and identification of the least costly alternatives pursuant 
to subparagraph (D)(ii), are not required to be based on the best 
available scientific data.
    ``(2) Any area that, immediately before the enactment of the 
Threatened and Endangered Species Recovery Act of 2005, is designated 
as critical habitat of an endangered species or threatened species 
shall be treated as an area described in subparagraph (A)(iv) until a 
recovery plan for the species is developed or the existing recovery 
plan for the species is revised pursuant to subsection (b)(3).
    ``(d) Recovery Teams.--(1) The Secretary shall promulgate 
regulations that provide for the establishment of recovery teams for 
development of recovery plans under this section.
    ``(2) Such regulations shall--
            ``(A) establish criteria and the process for selecting the 
        members of recovery teams, and the process for preparing 
        recovery plans, that ensure that each team--
                    ``(i) is of a size and composition to enable timely 
                completion of the recovery plan; and
                    ``(ii) includes sufficient representation from 
                constituencies with a demonstrated direct interest in 
                the species and its conservation or in the economic and 
                social impacts of its conservation to ensure that the 
                views of such constituencies will be considered in the 
                development of the plan;
            ``(B) include provisions regarding operating procedures of 
        and recordkeeping by recovery teams;
            ``(C) ensure that recovery plans are scientifically 
        rigorous and that the evaluation of costs required by 
        paragraphs (1)(A)(iii) and (1)(D) of subsection (c) are 
        economically rigorous; and
            ``(D) provide guidelines for circumstances in which the 
        Secretary may determine that appointment of a recovery team is 
        not necessary or advisable to develop a recovery plan for a 
        specific species, including procedures to solicit public 
        comment on any such determination.
    ``(3) The Federal Advisory Committee Act (5 App. U.S.C.) shall not 
apply to recovery teams appointed in accordance with regulations issued 
by the Secretary under this subsection.
    ``(e) Reports to Congress.--(1) The Secretary shall report every 
two years to the Committee on Resources of the House of Representatives 
and the Committee on Environment and Public Works of the Senate on the 
status of all domestic endangered species and threatened species and 
the status of efforts to develop and implement recovery plans for all 
domestic endangered species and threatened species.
    ``(2) In reporting on the status of such species since the time of 
its listing, the Secretary shall include--
            ``(A) an assessment of any significant change in the well-
        being of each such species, including--
                    ``(i) changes in population, range, or threats; and
                    ``(ii) the basis for that assessment; and
            ``(B) for each species, a measurement of the degree of 
        confidence in the reported status of such species, based upon a 
        quantifiable parameter developed for such purposes.
    ``(f) Public Notice and Comment.--The Secretary shall, prior to 
final approval of a new or revised recovery plan, provide public notice 
and an opportunity for public review and comment on such plan. The 
Secretary shall consider all information presented during the public 
comment period prior to approval of the plan.
    ``(g) State Comment.--The Secretary shall, prior to final approval 
of a new or revised recovery plan, provide a draft of such plan and an 
opportunity to comment on such draft to the Governor of, and State 
agency in, any State to which such draft would apply. The Secretary 
shall include in the final recovery plan the Secretary's response to 
the comments of the Governor and the State agency.
    ``(h) Use of Plans.--(1) Each Federal agency shall consider any 
relevant best available scientific data contained in a recovery plan in 
any analysis conducted under section 102 of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332).
    ``(2)(A)(i) The head of any Federal agency may enter into an 
agreement with the Secretary specifying the measures the agency will 
carry out to implement a recovery plan.
    ``(ii) Each such agreement shall be published in draft form with 
notice and an opportunity for public comment.
    ``(iii) Each such final agreement shall be published, with 
responses by the head of the Federal agency to any public comments 
submitted on the draft agreement.
    ``(B) Nothing in a recovery plan shall be construed to establish 
regulatory requirements or otherwise to have an effect other than as 
nonbinding guidance, except with respect to any program or project 
covered by an implementation agreement under this paragraph.
    ``(i) Monitoring.--(1) The Secretary shall implement a system in 
cooperation with the States to monitor effectively for not less than 
five years the status of all species that have recovered to the point 
at which the measures provided pursuant to this Act are no longer 
necessary and that, in accordance with this section, have been removed 
from the lists published under section 4(c).
    ``(2) The Secretary shall make prompt use of the authority under 
section 4(b)(7) to prevent a significant risk to the well-being of any 
such recovered species.''.
    (b) Recovery Plans for Species Occupying More Than One State.--
Section 6 (16 U.S.C. 1535) is amended by adding at the end the 
following:
    ``(j) Recovery Plans for Species Occupying More Than One State.--
Any recovery plan under section 5 for an endangered species or a 
threatened species that occupies more than one State shall identify 
criteria and actions pursuant to subsection (c)(1) of section 5 for 
each State that are necessary so that the State may pursue a 
determination that the portion of the species found in that State may 
be removed from lists published under section 4(c).''.
    (c) Species Recovery Agreements and Species Conservation Contract 
Agreements.--
            (1) Agreements authorized.--Section 5 (16 U.S.C. 1534) is 
        further amended by adding at the end the following:
    ``(l) Species Recovery Agreements and Species Conservation Contract 
Agreements.--(1) The Secretary may enter into species recovery 
agreements pursuant to paragraph (2) and species conservation contract 
agreements pursuant to paragraph (3) with persons, other than agencies 
or departments of the Federal Government or State governments, under 
which the Secretary is obligated, subject to the availability of 
appropriations, to make annual payments or provide other compensation 
to the persons to implement the agreements.
    ``(2)(A) The Secretary and persons who own or control the use of 
private land may enter into species recovery agreements with a term of 
not less than 5 years that meet the criteria set forth in subparagraph 
(B) and are in accordance with the priority established in subparagraph 
(C).
    ``(B) A species recovery agreement entered into under this 
paragraph by the Secretary with a person--
            ``(i) shall require that the person shall carry out, on the 
        land owned or controlled by the person, activities that--
                    ``(I) protect and restore habitat for covered 
                species that are species determined to be endangered 
                species or threatened species pursuant to section 
                4(a)(1);
                    ``(II) contribute to the conservation of one or 
                more covered species; and
                    ``(III) specify and implement a management plan for 
                the covered species;
            ``(ii) shall specify such a management plan that includes--
                    ``(I) identification of the covered species;
                    ``(II) a description of the land to which the 
                agreement applies; and
                    ``(III) a description of, and a schedule to carry 
                out, the activities under clause (i);
            ``(iii) shall provide sufficient documentation to establish 
        ownership or control by the person of the land to which the 
        agreement applies;
            ``(iv) shall include the amounts of the annual payments or 
        other compensation to be provided by the Secretary to the 
        person under the agreement, and the terms under which such 
        payments or compensation shall be provided; and
            ``(v) shall include--
                    ``(I) the duties of the person;
                    ``(II) the duties of the Secretary;
                    ``(III) the terms and conditions under which the 
                person and the Secretary mutually agree the agreement 
                may be modified or terminated; and
                    ``(IV) acts or omissions by the person or the 
                Secretary that shall be considered violations of the 
                agreement, and procedures under which notice of and an 
                opportunity to remedy any violation by the person or 
                the Secretary shall be given.
    ``(C) In entering into species recovery agreements under this 
paragraph, the Secretary shall accord priority to agreements that apply 
to any areas that are identified in recovery plans pursuant to 
subsection (c)(1)(A)(iv).
    ``(3)(A) The Secretary and persons who own private land may enter 
into species conservation contract agreements with terms of 30 years, 
20 years, or 10 years that meet the criteria set forth in subparagraph 
(B) and standards set forth in subparagraph (D) and are in accordance 
with the priorities established in subparagraph (C).
    ``(B) A species conservation contract agreement entered into under 
this paragraph by the Secretary with a person--
            ``(i) shall provide that the person shall, on the land 
        owned by the person--
                    ``(I) carry out conservation practices to meet one 
                or more of the goals set forth in clauses (i) through 
                (iii) of subparagraph (C) for one or more covered 
                species, that are species that are determined to be 
                endangered species or threatened species pursuant to 
                section 4(a)(1), species determined to be candidate 
                species pursuant to section 4(b)(3)(B)(iii), or species 
                subject to comparable designations under State law; and
                    ``(II) specify and implement a management plan for 
                the covered species;
            ``(ii) shall specify such a management plan that includes--
                    ``(I) identification of the covered species;
                    ``(II) a description in detail of the conservation 
                practices for the covered species that the person shall 
                undertake;
                    ``(III) a description of the land to which the 
                agreement applies; and
                    ``(IV) a schedule of approximate deadlines, whether 
                one-time or periodic, for undertaking the conservation 
                practices described pursuant to subclause (II);
                    ``(V) a description of existing or future economic 
                activities on the land to which the agreement applies 
                that are compatible with the conservation practices 
                described pursuant to subclause (II) and generally with 
                conservation of the covered species;
            ``(iii) shall specify the term of the agreement; and
            ``(iv) shall include--
                    ``(I) the duties of the person;
                    ``(II) the duties of the Secretary;
                    ``(III) the terms and conditions under which the 
                person and the Secretary mutually agree the agreement 
                may be modified or terminated;
                    ``(IV) acts or omissions by the person or the 
                Secretary that shall be considered violations of the 
                agreement, and procedures under which notice of and an 
                opportunity to remedy any violation by the person or 
                the Secretary shall be given; and
                    ``(V) terms and conditions for early termination of 
                the agreement by the person before the management plan 
                is fully implemented or termination of the agreement by 
                the Secretary in the case of a violation by the person 
                that is not remedied under subclause (IV), including 
                any requirement for the person to refund all or part of 
                any payments received under subparagraph (E) and any 
                interest thereon.
    ``(C) The Secretary shall establish priorities for the selection of 
species conservation contract agreements, or groups of such agreements 
for adjacent or proximate lands, to be entered into under this 
paragraph that address the following factors:
            ``(i) The potential of the land to which the agreement or 
        agreements apply to contribute significantly to the 
        conservation of an endangered species or threatened species or 
        a species with a comparable designation under State law.
            ``(ii) The potential of such land to contribute 
        significantly to the improvement of the status of a candidate 
        species or a species with a comparable designation under State 
        law.
            ``(iii) The amount of acreage of such land.
            ``(iv) The number of covered species in the agreement or 
        agreements.
            ``(v) The degree of urgency for the covered species to 
        implement the conservation practices in the management plan or 
        plans under the agreement or agreements.
            ``(vi) Land in close proximity to military test and 
        training ranges, installations, and associated airspace that is 
        affected by a covered species.
    ``(D) The Secretary shall enter into a species conservation 
contract agreement submitted by a person, if the Secretary finds that 
the person owns such land or has sufficient control over the use of 
such land to ensure implementation of the management plan under the 
agreement.
    ``(E)(i) Upon entering into a species conservation contract 
agreement with the Secretary pursuant to this paragraph, a person shall 
receive the financial assistance provided for in this subparagraph.
    ``(ii) If the person is implementing fully the agreement, the 
person shall receive from the Secretary--
            ``(I) in the case of a 30-year agreement, an annual 
        contract payment in an amount equal to 100 percent of the 
        person's actual costs to implement the conservation practices 
        described in the management plan under the terms of the 
        agreement;
            ``(II) in the case of a 20-year agreement, an annual 
        contract payment in an amount equal to 80 percent of the 
        person's actual costs to implement the conservation practices 
        described in the management plan under the terms of the 
        agreement; and
            ``(III) in the case of a 10-year agreement, an annual 
        contract payment in an amount equal to 60 percent of the 
        person's actual costs to implement the conservation practices 
        described in the management plan under the terms of the 
        agreement.
    ``(iii)(I) If the person receiving contract payments pursuant to 
clause (ii) receives any other State or Federal funds to defray the 
cost of any conservation practice, the cost of such practice shall not 
be eligible for such contract payments.
    ``(II) Contributions of agencies or organizations to any 
conservation practice other than the funds described in subclause (I) 
shall not be considered as costs of the person for purposes of the 
contract payments pursuant to clause (iii).
    ``(4)(A) Upon request of a person seeking to enter into an 
agreement pursuant to this subsection, the Secretary may provide to 
such person technical assistance in the preparation, and management 
training for the implementation, of the management plan for the 
agreement.
    ``(B) Any State agency, local government, nonprofit organization, 
or federally recognized Indian tribe may provide assistance to a person 
in the preparation of a management plan, or participate in the 
implementation of a management plan, including identifying and making 
available certified fisheries or wildlife biologists with expertise in 
the conservation of species for purposes of the preparation or review 
and approval of management plans for species conservation contract 
agreements under paragraph (3)(D)(iii).
    ``(5) Upon any conveyance or other transfer of interest in land 
that is subject to an agreement under this subsection--
            ``(A) the agreement shall terminate if the agreement does 
        not continue in effect under subparagraph (B);
            ``(B) the agreement shall continue in effect with respect 
        to such land, with the same terms and conditions, if the person 
        to whom the land or interest is conveyed or otherwise 
        transferred notifies the Secretary of the person's election to 
        continue the agreement by no later than 30 days after the date 
        of the conveyance or other transfer and the person is 
        determined by the Secretary to qualify to enter into an 
        agreement under this subsection; or
            ``(C) the person to whom the land or interest is conveyed 
        or otherwise transferred may seek a new agreement under this 
        subsection.
    ``(6) An agreement under this subsection may be renewed with the 
mutual consent of the Secretary and the person who entered into the 
agreement or to whom the agreement has been transferred under paragraph 
(5).
    ``(7) The Secretary shall make annual payments under this 
subsection as soon as possible after December 31 of each calendar year.
    ``(8) An agreement under this subsection that applies to an 
endangered species or threatened species shall, for the purpose of 
section 10(a)(4), be deemed to be a permit to enhance the propagation 
or survival of such species under section 10(a)(1), and a person in 
full compliance with the agreement shall be afforded the protection of 
section 10(a)(4).
    ``(9) The Secretary, or any other Federal official, may not require 
a person to enter into an agreement under this subsection as a term or 
condition of any right, privilege, or benefit, or of any action or 
refraining from any action, under this Act.''.
            (2) Subsection (e)(2) of section 7 (16 U.S.C. 1536) (as 
        redesignated by section 12(d)(2) of this Act) is amended by 
        inserting ``or in an agreement under section 5(l)'' after 
        ``section''.
    (d) Conforming Amendments.--
            (1) Section 6(d)(1) (16 U.S.C. 1535(d)(1)) is amended by 
        striking ``section 4(g)'' and inserting ``section 5(i)''.
            (2) The Marine Mammal Protection Act of 1972 is amended--
                    (A) in section 104(c)(4)(ii) (16 U.S.C. 
                1374(c)(4)(A)(ii)) by striking ``section 4(f)'' and 
                inserting ``section 5''; and
                    (B) in section 115(b)(2) (16 U.S.C. 1383b(b)(2)) 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''.

SEC. 11. COOPERATION WITH STATES.

    Section 6 (16 U.S.C. 1535) is amended--
            (1) in subsection (c), by adding at the end the following:
    ``(3)(A) Any cooperative agreement entered into by the Secretary 
under this subsection may also provide for development of a program for 
conservation of species determined to be candidate species pursuant to 
section 4(b)(3)(B)(iii) or any other species that the State and the 
Secretary agree is at risk of being determined to be an endangered 
species or threatened species under section 4(a)(1) in that State. Upon 
completion of consultation on the agreement pursuant to subsection 
(e)(2), any incidental take statement issued on the agreement shall 
apply to any such species, and to the State and any landowners enrolled 
in any program under the agreement, without further consultation 
(except any additional consultation pursuant to subsection (e)(2)) if 
the species is subsequently determined to be an endangered species or a 
threatened species and the agreement remains an adequate and active 
program for the conservation of endangered species and threatened 
species.
    ``(B) Any cooperative agreement entered into by the Secretary under 
this subsection may also provide for monitoring or assistance in 
monitoring the status of candidate species pursuant to section 
4(b)(3)(C)(iii) or recovered species pursuant to section 5(i).
    ``(C) The Secretary shall periodically review each cooperative 
agreement under this subsection and seek to make changes the Secretary 
considers necessary for the conservation of endangered species and 
threatened species to which the agreement applies.
    ``(4) Any cooperative agreement entered into by the Secretary under 
this subsection that provides for the enrollment of private lands or 
water rights in any program established by the agreement shall ensure 
that the decision to enroll is voluntary for each owner of such lands 
or water rights.'';
            (2) in subsection (d)(1)--
                    (A) by striking ``pursuant to subsection (c) of 
                this section'';
                    (B) by striking ``or to assist'' and all that 
                follows through ``section 4(g)'' and inserting 
                ``pursuant to subsection (c)(1) and (2) or to address 
                candidate species or other species at risk and 
                recovered species pursuant to subsection (c)(3)''; and
                    (C) in subparagraph (F), by striking ``monitoring 
                the status of candidate species'' and inserting 
                ``developing a conservation program for, or monitoring 
                the status of, candidate species or other species 
                determined to be at risk pursuant to subsection 
                (c)(3)''; and
            (3) in subsection (e)--
                    (A) by inserting ``(1)'' before the first sentence;
                    (B) in paragraph (1), as designated by subparagraph 
                (A) of this paragraph, by striking ``at no greater than 
                annual intervals'' and inserting ``every 3 years''; and
                    (C) by adding at the end the following:
    ``(2) Any cooperative agreement entered into by the Secretary under 
subsection (c) shall be subject to section 7(a)(2) through (d) and 
regulations implementing such provisions only before--
            ``(A) the Secretary enters into the agreement; and
            ``(B) the Secretary approves any renewal of, or amendment 
        to, the agreement that--
                    ``(i) addresses species that are determined to be 
                endangered species or threatened species, are not 
                addressed in the agreement, and may be affected by the 
                agreement; or
                    ``(ii) new information about any species addressed 
                in the agreement that the Secretary determines--
                            ``(I) constitutes the best available 
                        scientific data; and
                            ``(II) indicates that the agreement may 
                        have adverse effects on the species that had 
                        not been considered previously when the 
                        agreement was entered into or during any 
                        revision thereof or amendment thereto.
    ``(3) The Secretary may suspend any cooperative agreement 
established pursuant to subsection (c), after consultation with the 
Governor of the affected State, if the Secretary finds during the 
periodic review required by paragraph (1) of this subsection that the 
agreement no longer constitutes an adequate and active program for the 
conservation of endangered species and threatened species.
    ``(4) The Secretary may terminate any cooperative agreement entered 
into by the Secretary under subsection (c), after consultation with the 
Governor of the affected State, if--
            ``(A) as result of the procedures of section 7(a)(2) 
        through (d) undertaken pursuant to paragraph (2) of this 
        subsection, the Secretary determines that continued 
        implementation of the cooperative agreement is likely to 
        jeopardize the continued existence of endangered species or 
        threatened species, and the cooperative agreement is not 
        amended or revised to incorporate a reasonable and prudent 
        alternative offered by the Secretary pursuant to section 
        7(b)(3); or
            ``(B) the cooperative agreement has been suspended under 
        paragraph (3) of this subsection and has not been amended or 
        revised and found by the Secretary to constitute an adequate 
        and active program for the conservation of endangered species 
        and threatened species within 180 days after the date of the 
        suspension.''.

SEC. 12. INTERAGENCY COOPERATION AND CONSULTATION.

    (a) Consultation Requirement.--Section 7(a) (16 U.S.C. 1536(a)) is 
amended--
            (1) in paragraph (1) in the second sentence, by striking 
        ``endangered species'' and all that follows through the end of 
        the sentence and inserting ``species determined to be 
        endangered species and threatened species under section 4.'';
            (2) in paragraph (2)--
                    (A) in the first sentence by striking ``action'' 
                the first place it appears and all that follows through 
                ``is not'' and inserting ``agency action authorized, 
                funded, or carried out by such agency is not'';
                    (B) in the first sentence by striking ``, unless'' 
                and all that follows through the end of the sentence 
                and inserting a period;
                    (C) in the second sentence, by striking ``best 
                scientific and commercial data available'' and 
                inserting ``best available scientific data''; and
                    (D) by inserting ``(A)'' before the first sentence, 
                and by adding at the end the following:
    ``(B) The Secretary may identify specific agency actions or 
categories of agency actions that may be determined to meet the 
standards of this paragraph by alternative procedures to the procedures 
set forth in this subsection and subsections (b) through (d), except 
that subsections (b)(4) and (e) may apply only to an action that the 
Secretary finds, or concurs, does meet such standards, and the 
Secretary shall suggest, or concur in any suggested, reasonable and 
prudent alternatives described in subsection (b)(3) for any action 
determined not to meet such standards. Any such agency action or 
category of agency actions shall be identified, and any such 
alternative procedures shall be established, by regulation promulgated 
prior or subsequent to the date of the enactment of this Act.'';
            (3) in paragraph (4)--
                    (A) by striking ``listed under section 4'' and 
                inserting ``an endangered species or a threatened 
                species,''; and
                    (B) by inserting ``, under section 4'' after ``such 
                species''; and
            (4) by adding at the end the following:
    ``(5) Any Federal agency or the Secretary, in conducting any 
analysis pursuant to paragraph (2), shall consider only the effects of 
any agency action that are distinct from a baseline of all effects upon 
the relevant species that have occurred or are occurring prior to the 
action.''.
    (b) Opinion of Secretary.--Section 7(b) (16 U.S.C. 1536(b)) is 
amended--
            (1) in paragraph (1)(B)(i) by inserting ``permit or 
        license'' before ``applicant'';
            (2) in paragraph (2) by inserting ``permit or license'' 
        before ``applicant'';
            (3) in paragraph (3)(A)--
                    (A) in the first sentence--
                            (i) by striking ``Promptly after'' and 
                        inserting ``Before'';
                            (ii) by inserting ``permit or license'' 
                        before ``applicant''; and
                            (iii) by inserting ``proposed'' before 
                        ``written statement''; and
                    (B) by striking all after the first sentence and 
                inserting the following: ``The Secretary shall consider 
                any comment from the Federal agency and the permit or 
                license applicant, if any, prior to issuance of the 
                final written statement of the Secretary's opinion. The 
                Secretary shall issue the final written statement of 
                the Secretary's opinion by providing the written 
                statement to the Federal agency and the permit or 
                license applicant, if any, and publishing notice of the 
                written statement in the Federal Register. If jeopardy 
                is found, the Secretary shall suggest in the final 
                written statement those reasonable and prudent 
                alternatives, if any, that the Secretary believes would 
                not violate subsection (a)(2) and can be taken by the 
                Federal agency or applicant in implementing the agency 
                action. The Secretary shall cooperate with the Federal 
                agency and any permit or license applicant in the 
                preparation of any suggested reasonable and prudent 
                alternatives.'';
            (4) in paragraph (4)--
                    (A) by redesignating subparagraphs (A), (B), and 
                (C) as clauses (i), (ii), and (iii), respectively;
                    (B) by inserting ``(A)'' after ``(4)'';
                    (C) by striking ``the Secretary shall provide'' and 
                all that follows through ``with a written statement 
                that--'' and inserting the following: ``the Secretary 
                shall include in the written statement under paragraph 
                (3), a statement described in subparagraph (B) of this 
                paragraph.
    ``(B) A statement described in this subparagraph--''; and
            (5) by adding at the end the following:
    ``(5)(A) Any terms and conditions set forth pursuant to paragraph 
(4)(B)(iv) shall be roughly proportional to the impact of the 
incidental taking identified pursuant to paragraph (4) in the written 
statement prepared under paragraph (3).
    ``(B) If various terms and conditions are available to comply with 
paragraph (4)(B)(iv), the terms and conditions set forth pursuant to 
that paragraph--
            ``(i) must be capable of successful implementation; and
            ``(ii) must be consistent with the objectives of the 
        Federal agency and the permit or license applicant, if any, to 
        the greatest extent possible.''.
    (c) Biological Assessments.--Section 7(c) (16 U.S.C. 1536(c)) is 
amended--
            (1) by striking ``(1)'';
            (2) by striking paragraph (2);
            (3) in the first sentence, by striking ``which is listed'' 
        and all that follows through the end of the sentence and 
        inserting ``that is determined to be an endangered species or a 
        threatened species, or for which such a determination is 
        proposed pursuant to section 4, may be present in the area of 
        such proposed action.''; and
            (4) in the second sentence, by striking ``best scientific 
        and commercial data available'' and inserting ``best available 
        scientific data''.
    (d) Elimination of Endangered Species Committee Process.--Section 7 
(16 U.S.C. 1536) is amended--
            (1) by repealing subsections (e), (f), (g), (h), (i), (j), 
        (k), (l), (m), and (n);
            (2) by redesignating subsections (o) and (p) as subsections 
        (e) and (f), respectively;
            (3) in subsection (e), as redesignated by paragraph (2) of 
        this subsection--
                    (A) in the heading, by striking ``Exemption as 
                Providing''; and
                    (B) by striking ``such section'' and all that 
                follows through ``(2)'' and inserting ``such 
                section,''; and
            (4) in subsection (f), as redesignated by paragraph (2) of 
        this subsection--
                    (A) in the first sentence, by striking ``is 
                authorized'' and all that follows through ``of this 
                section'' and inserting ``may exempt an agency action 
                from compliance with the requirements of subsections 
                (a) through (d) of this section before the initiation 
                of such agency action,''; and
                    (B) by striking the second sentence.

SEC. 13. EXCEPTIONS TO PROHIBITIONS.

    (a) Incidental Take Permits.--Section 10(a)(2) (16 U.S.C. 
1539(a)(2)) is amended--
            (1) in subparagraph (A) by striking ``and'' after the 
        semicolon at the end of clause (iii), by redesignating clause 
        (iv) as clause (vii), and by inserting after clause (iii) the 
        following:
                    ``(iv) objective, measurable biological goals to be 
                achieved for species covered by the plan and specific 
                measures for achieving such goals;
                    ``(v) measures the applicant will take to monitor 
                impacts of the plan on covered species and the 
                effectiveness of the plan's measures in achieving the 
                plan's biological goals; and
                    ``(vi) adaptive management provisions necessary to 
                respond to all reasonably foreseeable changes in 
                circumstances that could appreciably reduce the 
                likelihood of the survival and recovery of any species 
                covered by the plan'';
            (2) in subparagraph (B) by striking ``and'' after the 
        semicolon at the end of clause (iv), by redesignating clause 
        (v) as clause (vi), and by inserting after clause (iv) the 
        following:
                    ``(v) the term of the permit is reasonable, taking 
                into consideration--
                            ``(I) the period in which the applicant can 
                        be expected to diligently complete the 
                        principal actions covered by the plan;
                            ``(II) the extent to which the plan will 
                        enhance the conservation of covered species;
                            ``(III) the adequacy of information 
                        underlying the plan;
                            ``(IV) the length of time necessary to 
                        implement and achieve the benefits of the plan; 
                        and
                            ``(V) the scope of the plan's adaptive 
                        management strategy; and''; and
            (3) by striking subparagraph (C) and inserting the 
        following:
    ``(3) Any terms and conditions offered by the Secretary pursuant to 
paragraph (2)(B) to reduce or offset the impacts of incidental taking 
shall be roughly proportional to the impact of the incidental taking 
specified in the conservation plan pursuant to in paragraph (2)(A)(i). 
In any case in which various terms and conditions are available, the 
terms and conditions shall be capable of successful implementation and 
shall be consistent with the objective of the applicant to the greatest 
extent possible.
    ``(4)(A) If the holder of a permit issued under this subsection for 
other than scientific purposes is in compliance with the terms and 
conditions of the permit, and any conservation plan or agreement 
incorporated by reference therein, the Secretary may not require the 
holder, without the consent of the holder, to adopt any new 
minimization, mitigation, or other measure with respect to any species 
adequately covered by the permit during the term of the permit, except 
as provided in subparagraphs (B) and (C) to meet circumstances that 
have changed subsequent to the issuance of the permit.
    ``(B) For any circumstance identified in the permit or incorporated 
document that has changed, the Secretary may, in the absence of consent 
of the permit holder, require only such additional minimization, 
mitigation, or other measures as are already provided in the permit or 
incorporated document for such changed circumstance.
    ``(C) For any changed circumstance not identified in the permit or 
incorporated document, the Secretary may, in the absence of consent of 
the permit holder, require only such additional minimization, 
mitigation, or other measures to address such changed circumstance that 
do not involve the commitment of any additional land, water, or 
financial compensation not otherwise committed, or the imposition of 
additional restrictions on the use of any land, water or other natural 
resources otherwise available for development or use, under the 
original terms and conditions of the permit or incorporated document.
    ``(D) The Secretary shall have the burden of proof in demonstrating 
and documenting, with the best available scientific data, the 
occurrence of any changed circumstances for purposes of this paragraph.
    ``(E) Any permit described in subparagraph (A) issued before the 
date of the enactment of the Threatened and Endangered Species Recovery 
Act of 2005 that (or of which the incorporated agreement) contains 
provisions that do not materially differ in effect from the terms of 
this paragraph shall be governed by this paragraph. Any regulations 
promulgated prior to such date that do not materially differ in effect 
from the terms of this paragraph shall remain in effect unless and 
until they are amended.
    ``(5)(A) The Secretary shall revoke a permit issued under paragraph 
(2) if the Secretary finds that the permittee is not complying with the 
terms and conditions of the permit.
    ``(B) Any permit subject to paragraph (4)(A) may be revoked due to 
changed circumstances only if--
            ``(i) the Secretary determines that continuation of the 
        activities to which the permit applies would be inconsistent 
        with the criteria in paragraph (2)(B)(iv);
            ``(ii) the Secretary provides 60 days notice of revocation 
        to the permittee; and
            ``(iii) the Secretary is unable to, and the permittee 
        chooses not to, remedy the condition causing such 
        inconsistency.''.
    (b) Extension of Period for Public Review and Comment on 
Applications.--Section 10(c) (16 U.S.C. 1539(c)) is amended in the 
second sentence by striking ``thirty'' each place it appears and 
inserting ``45''.
    (c) Experimental Populations.--Section 10(j) (16 U.S.C. 1539(j)) is 
amended--
            (1) in paragraph (2)(B), by striking ``information'' and 
        inserting ``scientific data''; and
            (2) in paragraph (2)(C)(i), by striking ``listed'' and 
        inserting ``determined to be an endangered species or a 
        threatened species''.
    (d) Written Determination of Compliance.--Section 10 (16 U.S.C. 
1539) is amended by adding at the end the following:
    ``(k) Written Determination of Compliance.--(1) A property owner 
(in this subsection referred to as a `requester') may request the 
Secretary to make a written determination that a proposed use of the 
owner's property will comply with section 9(a), by submitting a written 
description of the proposed action to the Secretary.
    ``(2) A written description of a proposed use is deemed to be 
sufficient for consideration by the Secretary under paragraph (1) if 
the description includes--
            ``(A) the nature, the specific location, and the 
        anticipated schedule and duration of the proposed use; and
            ``(B) any incidental take of a species that is included on 
        a list published under 4(c)(1) that the requestor reasonably 
        expects to occur as a result of the proposed use.
    ``(3) The requestor may supply any other information the requestor 
believes will assist the Secretary to make a determination under 
paragraph (1).
    ``(4) If the Secretary does not make a determination pursuant to a 
request under this subsection because of the omission from the request 
of any information described in paragraph (2), the requestor may submit 
a subsequent request under this subsection for the same proposed use.
    ``(5)(A) Subject to subparagraph (B), the Secretary shall provide 
to the requestor a written determination of whether the proposed use, 
as proposed by the requestor, will comply with section 9(a), by not 
later than expiration of the 90-day period beginning on the date of the 
submission of the request.
    ``(B) The Secretary may request, and the requestor may grant, a 
written extension of the period under subparagraph (A).
    ``(6) If the Secretary fails to provide a written determination 
before the expiration of the period under paragraph (5)(A) (or any 
extension thereof under paragraph (5)(B)), the Secretary is deemed to 
have determined that the proposed use complies with section 9(a).
    ``(7) This subsection shall not apply with respect to agency 
actions that are subject to consultation under section 7.
    ``(8) Any use or action taken by the property owner in reasonable 
reliance on a written determination of compliance under paragraph (5) 
or on the application of paragraph (6) shall not be treated as a 
violation of section 9(a).''.

SEC. 14. PRIVATE PROPERTY CONSERVATION.

    Section 13 (consisting of amendments to other laws, which have 
executed) is amended to read as follows:

                    ``private property conservation

    ``Sec. 13. (a) In General.--The Secretary may provide conservation 
grants (in this section referred to as `grants') to promote the 
voluntary conservation of endangered species and threatened species by 
owners of private property and shall provide financial conservation 
assistance (in this section referred to as `aid') to alleviate the 
burden of conservation measures imposed upon private property owners. 
The Secretary may provide technical assistance when requested to 
enhance the conservation effects of grants or aid.
    ``(b) Awarding of Grants and Aid.--Grants to promote conservation 
of endangered species and threatened species on private property--
            ``(1) may not be used to fund litigation, general 
        education, general outreach, lobbying, or solicitation;
            ``(2) may not be used to acquire leases or easements of 
        more than 50 years duration or fee title to private property;
            ``(3) must be designed to directly contribute to the 
        conservation of an endangered species or threatened species by 
        increasing the species' numbers or distribution; and
            ``(4) must be supported by any private property owners on 
        whose property any grant funded activities are carried out.
    ``(c) Priority.--Priority shall be accorded among grant requests in 
the following order:
            ``(1) Grants that promote conservation of endangered 
        species or threatened species on private property while making 
        economically beneficial and productive use of the private 
        property on which the conservation activities are conducted.
            ``(2) Grants that develop, promote, or use techniques to 
        increase the distribution or population of an endangered 
        species or threatened species on private property.
            ``(3) Other grants that promote voluntary conservation of 
        endangered species or threatened species on private property.
    ``(d) Eligibility for Aid.--The Secretary shall award aid to 
private property owners who received a written determination under 
section 10(k) finding the proposed use of the private property would 
not comply with section 9(a), in an amount no less than the fair market 
value of the use that was proposed by the property owner if--
            ``(1) the owner has foregone the proposed use;
            ``(2) the owner has requested financial aid within 180 days 
        of receiving a written determination that the proposed use 
        would not comply with section (9)(a); and
            ``(3) the foregone proposed use was not, as demonstrated by 
        the Secretary, considered a nuisance based upon long-standing 
        background principles of nuisance and property law as 
        understood within the State in which the property is situated.
    ``(e) Distribution of Grants and Aid.--(1) The Secretary shall pay 
eligible aid--
                    ``(A) within 180 days after receipt of a request 
                for aid unless there are unresolved questions regarding 
                fair market value; or
                    ``(B) at the resolution of any questions concerning 
                fair market value of the forgone proposed use of the 
                private property.
    ``(2) If the Secretary and the property owner are unable to reach 
agreement as to fair market value within 270 days from the initial date 
of the request, the Secretary shall make a best and final offer.
    ``(3) All grants shall be paid on the last day of the fiscal year. 
Aid shall be paid based on the date of the initial request. If 
sufficient funds are unavailable to pay all aid and grants, aid shall 
be awarded first. If sufficient funds are not available to pay all aid, 
aid requests shall remain an obligation and be paid in the future 
without further action on the part of the property owner. If sufficient 
funds are not available to pay an aid award in full, the Secretary 
shall pay any remaining balance when funds next become available.
    ``(f) Fair Market Value.--For purposes of this section the term 
`fair market value' means an amount equal to the fair market value of 
the forgone use of the affected portion of the private property 
including business losses when use is forgone following a written 
determination by the Secretary under section 10(k) that the proposed 
use would violate section 9(a). The property owner shall establish the 
fair market value and such a fair market value shall be considered a 
rebuttable presumption. Ambiguities regarding fair market value shall 
be resolved in favor of the property owner.
    ``(g) Insufficient Funds.--The Secretary shall pay the aid required 
by this section from any funds available to the Secretary that are not 
mandated by law to be spent for other activities or obligations. If 
sufficient funds are not available the Secretary shall promptly seek 
additional funds for such purpose.
    ``(h) Annual Reporting.--The Secretary shall by January 15 of each 
year provide a report of all aid and grants awarded under this section 
to the Committee on Resources of the House of Representatives and the 
Environment and Public Works Committee of the Senate and make such 
report electronically available to the general public on the website 
required under section 14.''.

SEC. 15. PUBLIC ACCESSIBILITY AND ACCOUNTABILITY.

    Section 14 (relating to repeals of other laws, which have executed) 
is amended to read as follows:

               ``public accessibility and accountability

    ``Sec. 14. The Secretary shall make available on a publicly 
accessible website on the Internet--
            ``(1) each list published under section 4(c)(1);
            ``(2) all final and proposed regulations and determinations 
        under section 4;
            ``(3) the results of all 5-year reviews conducted under 
        section 4(c)(2)(A);
            ``(4) all draft and final recovery plans issued under 
        section 5(a), and all final recovery plans issued and in effect 
        under section 4(f)(1) of this Act as in effect immediately 
        before the enactment of the Threatened and Endangered Species 
        Recovery Act of 2005;
            ``(5) all reports required under sections 5(e) and 16, and 
        all reports required under sections 4(f)(3) and 18 of this Act 
        as in effect immediately before the enactment of the Threatened 
        and Endangered Species Recovery Act of 2005; and
            ``(6) data contained in the reports referred to in 
        paragraph (5) of this section, and that were produced after the 
        date of enactment of the Threatened and Endangered Species 
        Recovery Act of 2005, in the form of databases that may be 
        searched by the variables included in the reports.''.

SEC. 16. ANNUAL COST ANALYSES.

    (a) Annual Cost Analyses.--Section 18 (16 U.S.C. 1544) is amended 
to read as follows:

   ``annual cost analysis by united states fish and wildlife service

    ``Sec. 18. (a) In General.--On or before January 15 of each year, 
the Secretary shall submit to the Congress an annual report covering 
the preceding fiscal year that contains an accounting of all reasonably 
identifiable expenditures made primarily for the conservation of 
species included on lists published and in effect under section 4(c).
    ``(b) Specification of Expenditures.--Each report under this 
section shall specify--
            ``(1) expenditures of Federal funds on a species-by-species 
        basis, and expenditures of Federal funds that are not 
        attributable to a specific species;
            ``(2) expenditures by States for the fiscal year covered by 
        the report on a species-by-species basis, and expenditures by 
        States that are not attributable to a specific species; and
            ``(3) based on data submitted pursuant to subsection (c), 
        expenditures voluntarily reported by local governmental 
        entities on a species-by-species basis, and such expenditures 
        that are not attributable to a specific species.
    ``(c) Encouragement of Voluntary Submission of Data by Local 
Governments.--The Secretary shall provide a means by which local 
governmental entities may--
            ``(1) voluntarily submit electronic data regarding their 
        expenditures for conservation of species listed under section 
        4(c); and
            ``(2) attest to the accuracy of such data.''.
    (b) Eligibility of States for Financial Assistance.--Section 6(d) 
(16 U.S.C. 1535(d)) is amended by adding at the end the following:
    ``(3) A State shall not be eligible for financial assistance under 
this section for a fiscal year unless the State has provided to the 
Secretary for the preceding fiscal year information regarding the 
expenditures referred to in section 16(b)(2).''.

SEC. 17. AUTHORIZATION OF APPROPRIATIONS.

    The Endangered Species Act of 1973 is further amended--
            (1) by striking sections 15 and 16;
            (2) by redesignating sections 17 and 18 as sections 15 and 
        16, respectively; and
            (3) by adding after section 16, as so redesignated, the 
        following:

                   ``authorization of appropriations

    ``Sec. 17. (a) In General.--There are authorized to be appropriated 
to carry out this Act, other than section 8A(e)--
            ``(1) to the Secretary of the Interior to carry out 
        functions and responsibilities of the Department of the 
        Interior under this Act, such sums as are necessary for fiscal 
        years 2006 through 2010; and
            ``(2) to the Secretary of Agriculture to carry out 
        functions and responsibilities of the Department of the 
        Interior with respect to the enforcement of this Act and the 
        convention which pertain the importation of plants, such sums 
        as are necessary for fiscal year 2006 through 2010.
    ``(b) Convention Implementation.--There is authorized to be 
appropriated to the Secretary of the Interior to carry out section 
8A(e) such sums as are necessary for fiscal years 2006 through 2010.''.

SEC. 18. CLERICAL AMENDMENT TO TABLE OF CONTENTS.

    The table of contents in the first section is amended--
            (1) by striking the item relating to section 5 and 
        inserting the following:

``Sec. 5. Recovery plans and land acquisition.''
; and
            (2) by striking the items relating to sections 13 through 
        17 and inserting the following:

``Sec. 13. Private property conservation.
``Sec. 14. Public accessibility and accountability.
``Sec. 15. Marine Mammal Protection Act of 1972.
``Sec. 16. Annual cost analysis by United States Fish and Wildlife 
                            Service.
``Sec. 17. Authorization of appropriations.''.

SEC. 19. MISCELLANEOUS TECHNICAL CORRECTIONS.

    (a) International Cooperation.--Section 8 (16 U.S.C. 1537) is 
amended--
            (1) in subsection (a) in the first sentence by striking 
        ``any endangered species or threatened species listed'' and 
        inserting ``any species determined to be an endangered species 
        or a threatened species''; and
            (2) in subsection (b) in paragraph (1), by striking 
        ``endangered species and threatened species listed'' and 
        inserting ``species determined to be endangered species and 
        threatened species''.
    (b) Management Authority and Scientific Authority.--Section 8A (16 
U.S.C. 1537a)) is amended--
            (1) in subsection (a), by striking ``of the Interior 
        (hereinafter in this section referred to as the `Secretary')'';
            (2) in subsection (d), by striking ``Merchant Marine and 
        Fisheries'' and inserting ``Resources''; and
            (3) in subsection (d)--
                    (A) in paragraph (1), by striking ``of the Interior 
                (hereinafter in this subsection referred to as the 
                `Secretary')''; and
                    (B) by striking paragraph (3) and redesignating 
                paragraph (4) as paragraph (3).
    (c) Prohibited Acts.--Section 9 (16 U.S.C. 1538) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by striking ``of this Act, with 
                respect to any endangered species of fish or wildlife 
                listed pursuant to section 4 of this Act'' and 
                inserting ``, with respect to any species of fish or 
                wildlife determined to be an endangered species under 
                section 4'';
                    (B) in paragraph (1)(G), by striking ``threatened 
                species of fish or wildlife listed pursuant to section 
                4 of this Act'' and inserting ``species of fish or 
                wildlife determined to be a threatened species under 
                section 4'';
                    (C) in paragraph (2), in the matter preceding 
                subparagraph (A) by striking ``of this Act, with 
                respect to any endangered species of plants listed 
                pursuant to section 4 of this Act'' and inserting ``, 
                with respect to any species of plants determined to be 
                an endangered species under section 4''; and
                    (D) in paragraph (2)(E), by striking ``listed 
                pursuant to section 4 of this Act'' and inserting 
                ``determined to be a threatened species under section 
                4'';
            (2) in subsection (b)--
                    (A) by striking ``(1)'' before ``Species'' and 
                inserting ``(1)'' before the first sentence;
                    (B) in paragraph (1), in the first sentence, by 
                striking ``adding such'' and all that follows through 
                ``: Provided, That'' and inserting ``determining such 
                fish or wildlife species to be an endangered species or 
                a threatened species under section 4, if''; and
                    (C) in paragraph (1), in the second sentence, by 
                striking ``adding such'' and all that follows through 
                ``this Act'' and inserting ``determining such fish or 
                wildlife species to be an endangered species or a 
                threatened species under section 4'';
            (3) in subsection (c)(2)(A), by striking ``an endangered 
        species listed'' and inserting ``a species determined to be an 
        endangered species'';
            (4) in subsection (d)(1)(A), by striking clause (i) and 
        inserting the following: ``(i) are not determined to be 
        endangered species or threatened species under section 4, 
        and'';
            (5) in subsection (e), by striking clause (1) and inserting 
        the following: ``(1) are not determined to be endangered 
        species or threatened species under section 4, and''; and
            (6) in subsection (f)--
                    (A) in paragraph (1), in the first sentence, by 
                striking clause (A) and inserting the following: ``(A) 
                are not determined to be endangered species or 
                threatened species under section 4, and''; and
                    (B) by striking ``Secretary of the Interior'' each 
                place it appears and inserting ``Secretary''.
    (d) Hardship Exemptions.--Section 10(b) (16 U.S.C. 1539(b)) is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``an endangered species'' and all 
                that follows through ``section 4 of this Act'' and 
                inserting ``an endangered species or a threatened 
                species and the subsequent determination that the 
                species is an endangered species or a threatened 
                species under section 4'';
                    (B) by striking ``section 9(a) of this Act'' and 
                inserting ``section 9(a)''; and
                    (C) by striking ``fish or wildlife listed by the 
                Secretary as endangered'' and inserting ``fish or 
                wildlife determined to be an endangered species or 
                threatened species by the Secretary''; and
            (2) in paragraph (2)--
                    (A) by inserting ``or a threatened species'' after 
                ``endangered species'' each place it appears; and
                    (B) in subparagraph (B), by striking ``listed 
                species'' and inserting ``endangered species or 
                threatened species''.
    (e) Permit and Exemption Policy.--Section 10(d) (16 U.S.C. 1539(d)) 
is amended--
            (1) by inserting ``or threatened species'' after 
        ``endangered species''; and
            (2) by striking ``of this Act''.
    (f) Pre-Act Parts and Scrimshaw.--Section 10(f) (16 U.S.C. 1539(f)) 
is amended--
            (1) by inserting after ``(f)'' the following: ``Pre-Act 
        Parts and Scrimshaw.--''; and
            (2) in paragraph (2), by striking ``of this Act'' each 
        place it appears.
    (g) Burden of Proof in Seeking Exemption or Permit.--Section 10(g) 
(16 U.S.C. 1539(g)) is amended by inserting after ``(g)'' the 
following: ``Burden of Proof in Seeking Exemption or Permit.--''.
    (h) Antique Articles.--Section 10(h)(1)(B) (16 U.S.C. 
1539(h)(1)(B)) is amended by striking ``endangered species or 
threatened species listed'' and inserting ``species determined to be an 
endangered species or a threatened species''.
    (i) Penalties and Enforcement.--Section 11 (16 U.S.C. 1540) is 
amended--
            (1) in subsection (d), by striking ``his'' and inserting 
        ``the officer's or employee's''; and
            (2) in subsection (e)(3), in the second sentence by 
        striking ``Such persons'' and inserting ``Such a person''.
    (j) Substitution of Gender-Neutral References.--
            (1) ``secretary'' for ``he''.--The following provisions are 
        amended by striking ``he'' each place it appears and inserting 
        ``the Secretary'':
                    (A) Section 4(b)(5)(C) (16 U.S.C. 1533(b)(5)(C)).
                    (B) Section 4(b)(6)(B)(ii) (16 U.S.C. 
                1533(b)(6)(B)(ii)).
                    (C) Section 4(b)(7)(B) (16 U.S.C. 1533(b)(7)(B)).
                    (D) Section 6 (16 U.S.C. 1535).
                    (E) Section 8(d) (16 U.S.C. 1537(d)).
                    (F) Section 9(f) (16 U.S.C. 1538(f)).
                    (G) Section 10(a) (16 U.S.C. 1539(a)).
                    (H) Section 10(b)(3) (16 U.S.C. 1539(b)(3)).
                    (I) Section 10(d) (16 U.S.C. 1539(d)).
                    (J) Section 10(e)(4) (16 U.S.C. 1539(e)(4)).
                    (K) Section 10(f)(4), (5), and (8)(B) (16 U.S.C. 
                1599(f)(4), (5), (8)(B)).
                    (L) Section 11(e)(5) (16 U.S.C. 1540(e)(5)).
            (2) ``president'' for ``he''.--Section 8(a) (16 U.S.C. 
        1537(a)) is amended in the second sentence by striking ``he'' 
        and inserting ``the President''.
            (3) ``secretary of the interior'' for ``he''.--Section 
        8(b)(3) (16 U.S.C. 1537(b)(3)) is amended by striking ``he'' 
        and inserting ``the Secretary of the Interior''.
            (4) ``person'' for ``he''.--The following provisions are 
        amended by striking ``he'' each place it appears and inserting 
        ``the person'':
                    (A) Section 10(f)(3) (16 U.S.C. 1539(f)(3)).
                    (B) Section 11(e)(3) (16 U.S.C. 1540(e)(3)).
            (5) ``defendant'' for ``he''.--The following provisions are 
        amended by striking ``he'' each place it appears and inserting 
        ``the defendant''.
                    (A) Section 11(a)(3) (16 U.S.C. 1540(a)(3)).
                    (B) Section 11(b)(3) (16 U.S.C. 1540(b)(3)).
            (6) References to ``him''.--
                    (A) Section 4(c)(1) (16 U.S.C. 1533(c)(1)) is 
                amended by striking ``him or the Secretary of 
                Commerce'' each place it appears and inserting ``the 
                Secretary''.
                    (B) Section 4(b)(7) (16 U.S.C. 1533(b)(7)) is 
                amended in the matter following subparagraph (B) by 
                striking ``him'' and inserting ``the Secretary''.
                    (C) Section 5(j)(2), as redesignated by section 
                10(a)(1) of this Act, is amended by striking ``him'' 
                and inserting ``the Secretary''.
                    (D) Section 7(a)(1) (16 U.S.C. 1536(a)(1)) is 
                amended in the first sentence by striking ``him'' and 
                inserting ``the Secretary''.
                    (E) Section 8A(c)(2) (16 U.S.C. 1537a(c)(2)) is 
                amended by striking ``him'' and inserting ``the 
                Secretary''.
                    (F) Section 9(d)(2)(A) (16 U.S.C. 1538(d)(2)(A)) is 
                amended by striking ``him'' each place it appears and 
                inserting ``such person''.
                    (G) Section 10(b)(1) (16 U.S.C. 1539(b)(1)) is 
                amended by striking ``him'' and inserting ``the 
                Secretary''.
            (7) References to ``himself or herself''.--Section 11 (16 
        U.S.C. 1540) is amended in subsections (a)(3) and (b)(3) by 
        striking ``himself or herself'' each place it appears and 
        inserting ``the defendant''.
            (8) References to ``his''.--
                    (A) Section 4(g)(1), as redesignated by section 
                9(1) of this Act, is amended by striking ``his'' and 
                inserting ``the''.
                    (B) Section 6 (16 U.S.C. 1535) is amended--
                            (i) in subsection (d)(2) in the matter 
                        following clause (ii) by striking ``his'' and 
                        inserting ``the Secretary's''; and
                            (ii) in subsection (e)(1), as designated by 
                        section 11(3)(A) of this Act, by striking ``his 
                        periodic review'' and inserting ``periodic 
                        review by the Secretary''.
                    (C) Section 7(a)(3) (16 U.S.C. 1536(a)(3)) is 
                amended by striking ``his'' and inserting ``the 
                applicant's''.
                    (D) Section 8(c)(1) (16 U.S.C. 1537(c)(1)) is 
                amended by striking ``his'' and inserting ``the 
                Secretary's''.
                    (E) Section 9 (16 U.S.C. 1538) is amended in 
                subsection (d)(2)(B) and subsection (f) by striking 
                ``his'' each place it appears and inserting ``such 
                person's''.
                    (F) Section 10(b)(3) (16 U.S.C. 1539(b)(3)) is 
                amended by striking ``his'' and inserting ``the 
                Secretary's''.
                    (G) Section 10(d) (16 U.S.C. 1539(d)) is amended by 
                striking ``his'' and inserting ``the''.
                    (H) Section 11 (16 U.S.C. 1540) is amended--
                            (i) in subsection (a)(1) by striking 
                        ``his'' and inserting ``the Secretary's'';
                            (ii) in subsection (a)(3) and (b)(3) by 
                        striking ``his or her'' each place it appears 
                        and inserting ``the defendant's'';
                            (iii) in subsection (d) by striking ``his'' 
                        and inserting ``the officer's or employee's'';
                            (iv) in subsection (e)(3) in the second 
                        sentence by striking ``his'' and inserting 
                        ``the person's''; and
                            (v) in subsection (g)(1) by striking 
                        ``his'' and inserting ``the person's''.
                                 <all>