[Congressional Record Volume 144, Number 130 (Friday, September 25, 1998)]
[Senate]
[Pages S10986-S10999]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

                  FEDERAL VACANCIES REFORM ACT OF 1998

                                 73____
                                 

                        LEVIN AMENDMENT NO. 3648

  (Ordered to lie on the table.)
  Mr. LEVIN submitted an amendment intended to be proposed by him to 
the bill (S. 2176) to amend sections 3345

[[Page S10987]]

through 3349 of title 5, United States Code (commonly referred to as 
the ``Vacancies Act'') to clarify statutory requirements relating to 
vacancies in and appointments to certain Federal offices, and for other 
purposes; as follows:

       On page 13, insert between lines 17 and 18 the following:
Sec. 3349d. Notification of intent to nominate during certain recesses 
                            or adjournments
       ``The submission to the Senate, during a recess or 
     adjournment of the Senate in excess of 15 days, of a written 
     notification by the President of the President's intention to 
     submit a nomination after the recess or adjournment shall be 
     considered a nomination for purposes of sections 3345 through 
     3349c if--
       ``(1) such notification contains the name of the proposed 
     nominee and the position for which the person is nominated; 
     and
       ``(2) the President submits the nomination of such nominee 
     within 3 days after the end of such recess or adjournment.''.
                                 ______
                                 

                     KEMPTHORNE AMENDMENT NO. 3649

  (Ordered to lie on the table.)
  Mr. KEMPTHORNE submitted an amendment intended to be proposed by him 
to the bill, S. 2176, supra; as follows:

       At the appropriate place in the bill, insert the following:
                 TITLE __--ENDANGERED SPECIES RECOVERY

     SEC. __01. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the 
     ``Endangered Species Recovery Act of 1997''.
       (b) Table of Contents.--The table of contents of this title 
     is as follows:

Sec. __01. Short title; table of contents.
Sec. __02. Listing and delisting species.
Sec. __03. Enhanced recovery planning.
Sec. __04. Interagency consultation and cooperation.
Sec. __05. Conservation plans.
Sec. __06. Enforcement.
Sec. __07. Education and technical assistance.
Sec. __08. Authorization of appropriations.
Sec. __09. Other amendments.

       (c) References to Endangered Species Act of 1973.--Except 
     as otherwise expressly provided, whenever in this title 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 that section or provision 
     of the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.).

     SEC. __02. LISTING AND DELISTING SPECIES.

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


                ``DEFINITIONS AND GENERAL PROVISIONS'';

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

``Sec. 3. Definitions and general provisions.''.

       (c) Listing and Delisting.--
       (1) Factors considered for listing.--Section 4(a)(1) (16 
     U.S.C. 1533(a)(1)) is amended--
       (A) in subparagraph (C), by inserting ``introduced species, 
     competition,'' before ``disease or predation''; and
       (B) in subparagraph (D), by inserting ``Federal, State, and 
     local government and international'' before ``regulatory 
     mechanisms''.
       (2) Critical habitat.--Section 4(a) (16 U.S.C. 1533(a)) is 
     amended by striking paragraph (3).
       (3) Delisting.--Section 4(b)(2) (16 U.S.C. 1533(b)(2)) is 
     amended to read as follows:
       ``(2) Delisting.--The Secretary shall, in accordance with 
     section 5 and on a determination that the goals of the 
     recovery plan for a species have been met, initiate the 
     procedures for determining, in accordance with subsection 
     (a)(1), whether to remove the species from a list published 
     under subsection (c).''
       (4) Response to petitions.--
       (A) In general.--Section 4(b)(3) (16 U.S.C. 1533(b)(3)) is 
     amended to read as follows:
       ``(3) Response to petitions.--
       ``(A) Action may be warranted.--
       ``(i) In general.--To the maximum extent practicable, not 
     later than 90 days after receiving the petition of an 
     interested person under section 553(e) of title 5, United 
     States Code, to--

       ``(I) add a species to;
       ``(II) remove a species from; or
       ``(III) change the status of a species from a previous 
     determination with respect to;

     either of the lists published under subsection (c), the 
     Secretary shall make a finding as to whether the petition 
     presents substantial scientific or commercial information 
     indicating that the petitioned action may be warranted. If a 
     petition is found to present such information, the Secretary 
     shall promptly commence a review of the status of the species 
     concerned. The Secretary shall promptly publish each finding 
     made under this subparagraph in the Federal Register.
       ``(ii) Minimum documentation.--A finding that the petition 
     presents the information described in clause (i) shall not be 
     made unless the petition provides--

       ``(I) documentation that the fish, wildlife, or plant that 
     is the subject of the petition is a species;
       ``(II) a description of the available data on the 
     historical and current range and distribution of the species;

       ``(III) an appraisal of the available data on the status 
     and trends of populations of the species;
       ``(IV) an appraisal of the available data on the threats to 
     the species; and
       ``(V) an identification of the information contained or 
     referred to in the petition that has been peer-reviewed or 
     field-tested.

       ``(iii) Notification to the states.--

       ``(I) Petitioned actions.--If the petition is found to 
     present the information described in clause (i), the 
     Secretary shall notify and provide a copy of the petition to 
     the State agency in each State in which the species is 
     believed to occur and solicit the assessment of the agency, 
     to be submitted to the Secretary not later than 90 days after 
     the notification, as to whether the petitioned action is 
     warranted.
       ``(II) Other actions.--If the Secretary has not received a 
     petition for a species and the Secretary is considering 
     proposing to list such species as either threatened or 
     endangered under subsection (a), the Secretary shall notify 
     the State agency in each State in which the species is 
     believed to occur and solicit the assessment of the agency, 
     to be submitted to the Secretary not later than 90 days after 
     the notification, as to whether the listing would be in 
     accordance with subsection (a).
       ``(III) Consideration of state assessments.--Prior to 
     publication of a determination that a petitioned action is 
     warranted or the issuance of a proposed regulation, the 
     Secretary shall consider any State assessments submitted 
     within the comment period established by subclause (I) or 
     (II).

       ``(B) Petition to change status or delist.--A petition may 
     be submitted to the Secretary under subparagraph (A) to 
     change the status of a species or to remove a species from 
     either of the lists published under subsection (c) in 
     accordance with subsection (a)(1), if--
       ``(i) the current listing is no longer appropriate because 
     of a change in the factors identified under subsection 
     (a)(1); or
       ``(ii) with respect to a petition to remove a species from 
     either of the lists--

       ``(I) new data or a reinterpretation of prior data indicate 
     that removal is appropriate;
       ``(II) the species is extinct; or
       ``(III) the recovery goals established for the species in a 
     recovery plan approved under section 5(h) have been achieved.

       ``(C) Determination.--Not later than one year after 
     receiving a petition that is found under subparagraph (A)(i) 
     to present substantial information indicating that the 
     petitioned action may be warranted, the Secretary shall make 
     one of the following findings:
       ``(i) Not warranted.--The petitioned action is not 
     warranted, in which case the Secretary shall promptly publish 
     the finding in the Federal Register.
       ``(ii) Warranted.--The petitioned action is warranted, in 
     which case the Secretary shall promptly publish in the 
     Federal Register a general notice and the complete text of a 
     proposed regulation to implement the action in accordance 
     with paragraph (5).
       ``(iii) Warranted but precluded.--The petitioned action is 
     warranted, but--

       ``(I) the immediate proposal and timely promulgation of a 
     final regulation implementing the petitioned action in 
     accordance with paragraphs (5) and (6) is precluded by 
     pending proposals to determine whether any species is an 
     endangered species or a threatened species; and
       ``(II) expeditious progress is being made to add qualified 
     species to either of the lists published under subsection (c) 
     and to remove from the lists species for which the 
     protections of this Act are no longer necessary;

     in which case the Secretary shall promptly publish the 
     finding in the Federal Register, together with a description 
     and evaluation of the reasons and data on which the 
     finding is based.
       ``(D) Subsequent determination.--A petition with respect to 
     which a finding is made under subparagraph (C)(iii) shall be 
     treated as a petition that is resubmitted to the Secretary 
     under subparagraph (A) on the date of the finding and that 
     presents substantial scientific or commercial information 
     that the petitioned action may be warranted.
       ``(E) Judicial review.--Any negative finding described in 
     subparagraph (A)(i) and any finding described in clause (i) 
     or (iii) of subparagraph (C) shall be subject to judicial 
     review.
       ``(F) Monitoring and emergency listing.--The Secretary 
     shall implement a system to monitor effectively the status of 
     each species with respect to which a finding is made under 
     subparagraph (C)(iii) and shall make prompt use of the 
     authority under paragraph (7) to prevent a significant risk 
     to the well-being of the species.''.

[[Page S10988]]

       (B) Conforming amendment.--Section 6(d)(1) (16 U.S.C. 
     1535(d)(1)) is amended in the first sentence by striking 
     ``subparagraph (C)'' and inserting ``subparagraph (F)''.
       (5) Proposed regulations.--Section 4(b)(5) (16 U.S.C. 
     1533(b)(5)) is amended--
       (A) by striking ``(5) With respect to any regulation'' and 
     inserting the following:
       ``(5) Proposed regulations and review.--With respect to any 
     regulation'';
       (B) by striking ``a determination, designation, or 
     revision'' and inserting ``a determination or change in 
     status'';
       (C) by striking ``(a)(1) or (3),'' and inserting 
     ``(a)(1),'';
       (D) by striking ``in the Federal Register,'' and inserting 
     ``in the Federal Register as provided by paragraph (8),''; 
     and
       (E) by striking subparagraph (E) and inserting the 
     following:
       ``(E) at the request of any person not later than 45 days 
     after the date of publication of general notice, promptly 
     hold at least one public hearing in each State that would be 
     affected by the proposed regulation (including at least one 
     hearing in an affected rural area, if any) except that the 
     Secretary shall not be required to hold more than five 
     hearings under this subparagraph.''.
       (6) Final regulations.--
       (A) Schedule.--Section 4(b)(6) (16 U.S.C. 1533(b)(6)) is 
     amended by striking ``(6)(A)'' and all that follows through 
     the end of subparagraph (A) and inserting the following:
       ``(6) Final regulations.--
       ``(A) In general.--Within the one-year period beginning on 
     the date on which general notice is published in accordance 
     with paragraph (5)(A)(i) regarding a proposed regulation, the 
     Secretary shall publish in the Federal Register--
       ``(i) a final regulation to implement the determination;
       ``(ii) notice that the one-year period is being extended 
     under subparagraph (B)(i); or
       ``(iii) notice that the proposed regulation is being 
     withdrawn under subparagraph (B)(ii), together with the 
     finding on which the withdrawal is based.''.
       (B) Conforming amendments.--Section 4(b)(6) (16 U.S.C. 
     1533(b)(6)) is amended--
       (i) in subparagraph (B)(i), by striking ``or revision'';
       (ii) in subparagraph (B)(iii), by striking ``or revision 
     concerned, a finding that the revision should not be made,''; 
     and
       (iii) by striking subparagraph (C).
       (7) Publication of data and information.--Section 4(b)(8) 
     (16 U.S.C. 1533(b)(8)) is amended--
       (A) by striking ``a summary by the Secretary of the data'' 
     and inserting ``a summary by the Secretary of the best 
     scientific and commercial data available'';
       (B) by striking ``is based and shall'' and inserting ``is 
     based, shall''; and
       (C) by striking ``regulation; and if such regulation 
     designates or revises critical habitat, such summary shall, 
     to the maximum extent practicable, also include a brief 
     description and evaluation of those activities (whether 
     public or private) which, in the opinion of the Secretary, if 
     undertaken may adversely modify such habitat, or may be 
     affected by such designation.'' and inserting ``regulation, 
     and shall provide, to the degree that it is relevant and 
     available, information regarding the status of the affected 
     species, including current population, population trends, 
     current habitat, food sources, predators, breeding habits, 
     captive breeding efforts, governmental and nongovernmental 
     conservation efforts, or other pertinent information.''.
       (8) Sound science.--Section 4(b) (16 U.S.C. 1533(b)) is 
     amended by adding at the end the following:
       ``(9) Additional data.--
       ``(A) In general.--The Secretary shall identify and publish 
     in the Federal Register with the notice of a proposed 
     regulation pursuant to paragraph (5)(A)(i) a description of 
     additional scientific and commercial data that would assist 
     in the preparation of a recovery plan and--
       ``(i) invite any person to submit the data to the 
     Secretary; and
       ``(ii) describe the steps that the Secretary plans to take 
     for acquiring additional data.
       ``(B) Recovery planning.--Data identified and obtained 
     under subparagraph (A) shall be considered by the recovery 
     team and the Secretary in the preparation of the recovery 
     plan in accordance with section 5.
       ``(C) No delay authorized.--Nothing in this paragraph 
     waives or extends any deadline for publishing a final rule to 
     implement a determination (except for the extension provided 
     in paragraph (6)(B)(i)) or any deadline under section 5.
       ``(10) Independent scientific review.--
       ``(A) In general.--In the case of a regulation proposed by 
     the Secretary to implement a determination under subsection 
     (a)(1) that any species is an endangered species or a 
     threatened species or that any species currently listed as an 
     endangered species or a threatened species should be removed 
     from any list published pursuant to subsection (c), the 
     Secretary shall provide for independent scientific peer 
     review by--
       ``(i) selecting independent referees pursuant to 
     subparagraph (B);
       ``(ii) providing the referees with all studies, reports, 
     comments, and other documents submitted for the record on the 
     proposed regulation within the public comment period on the 
     proposed regulation, except that, if the comment period is 
     longer than 60 days, the studies, reports, comments, or other 
     documents submitted for the record on the proposed regulation 
     during the comment period after the 60th day shall be 
     provided to the referees on request; and
       ``(iii) requesting the referees to conduct the review, 
     considering the studies, reports, comments, and other 
     documents provided under clause (ii), and any other relevant 
     information, and make recommendations to the Secretary in 
     accordance with this paragraph not later than 150 days after 
     the general notice is published pursuant to paragraph 
     (5)(A)(i).
       ``(B) Selection of referees.--For each independent 
     scientific review to be conducted pursuant to subparagraph 
     (A), the Secretary shall select three independent referees 
     from a list provided by the National Academy of Sciences, 
     who--
       ``(i) through publication of peer-reviewed scientific 
     literature or other means, have demonstrated scientific 
     expertise on the species or a similar species or other 
     scientific expertise relevant to the decision of the 
     Secretary under subsection (a);
       ``(ii) do not have, or represent any person with, a 
     conflict of interest with respect to the determination that 
     is the subject of the review; and
       ``(iii) are not participants in a petition to list, change 
     the status of, or remove the species under paragraph 
     (3)(A)(i), the assessment of a State for the species under 
     paragraph (3)(A)(iii), or the proposed or final determination 
     of the Secretary.
       ``(C) Final determination.--The Secretary shall take one of 
     the actions under paragraph (6)(A) not later than one year 
     after the date of publication of the general notice of the 
     proposed determination. If the referees have made 
     recommendations in accordance with subparagraph (A)(iii), the 
     Secretary shall evaluate and consider the information that 
     results from the independent scientific review and include in 
     the final determination--
       ``(i) a summary of the results of the independent 
     scientific review; and
       ``(ii) in a case in which the recommendation of a majority 
     of the referees who conducted the independent scientific 
     review under subparagraph (A) is not followed, an explanation 
     as to why the recommendation was not followed.
       ``(D) Federal advisory committee act.--The selection and 
     activities of referees selected pursuant to this Act shall 
     not be subject to the Federal Advisory Committee Act (5 
     U.S.C. App.). The Secretary shall make available to the 
     public, on request, the studies, reports, comments, and other 
     documents provided to the independent referees under 
     subparagraph (A)(ii).''.
       (9) Lists.--Section 4(c)(1) (16 U.S.C. 1533(c)(1)) is 
     amended--
       (A) in the second sentence, by inserting ``designated'' 
     before ``critical habitat''; and
       (B) in the third sentence, by striking ``determinations, 
     designations, and revisions'' and inserting 
     ``determinations''.
       (10) Protective regulation.--Section 4(d) (16 U.S.C. 
     1533(d)) is amended--
       (A) by striking ``Whenever any species is listed'' and 
     inserting the following:
       ``(1) In general.--Whenever any species is listed''; and
       (B) by adding at the end the following:
       ``(2) New listings.--With respect to each species listed as 
     a threatened species after the date of enactment of this 
     paragraph, regulations applicable under paragraph (1) to the 
     species shall be specific to that species by the date on 
     which the Secretary is required to approve a recovery plan 
     for the species pursuant to section 5(c) and may be 
     subsequently revised.''.
       (11) Recovery plans.--Section 4 (16 U.S.C. 1533) is amended 
     by striking subsection (f) and redesignating subsections (g) 
     through (i) as subsections (f) through (h), respectively.
       (12) State conservation agreements.--Section 4 (16 U.S.C. 
     1533) (as amended by paragraph (11)) is amended by adding at 
     the end the following:
       ``(i) State Conservation Agreements.--The Secretary may 
     enter into a conservation agreement with one or more States 
     for a species that has been proposed for listing, is a 
     candidate species, or is likely to become a candidate species 
     in the near future within the State. The Secretary may 
     approve an agreement if, after notice and opportunity for 
     public comment, the Secretary finds that--
       ``(1) for species covered by the agreement, the actions 
     taken under the agreement, if undertaken by all States within 
     the range of the species, would produce a conservation 
     benefit that would be likely to eliminate the need to list 
     the species as threatened or endangered under this section 
     for the duration of the agreement;
       ``(2) the actions taken under the agreement will not 
     adversely affect an endangered species or a threatened 
     species;
       ``(3) the agreement contains such other measures as the 
     Secretary may require as being necessary or appropriate for 
     the purposes of the agreement;
       ``(4) the State will ensure adequate funding and 
     enforcement to implement the agreement; and
       ``(5) the agreement includes such monitoring and reporting 
     requirements as the Secretary considers necessary for 
     determining whether the terms and conditions of the agreement 
     are being complied with.''.
       (13) Conforming amendment.--Section 4(g) (as redesignated 
     by paragraph (11)) is amended in paragraph (4) by striking 
     ``subsection (f) of this section'' and inserting ``section 
     5''.
       (d) Public Availability of Data.--Section 3(b) (as amended 
     by subsection (a)) is amended by adding at the end the 
     following:

[[Page S10989]]

       ``(2) Freedom of information act exemption.--The Secretary, 
     and the head of any other Federal agency on the 
     recommendation of the Secretary, may withhold or limit the 
     availability of data requested to be released pursuant to 
     section 552 of title 5, United States Code, if the data 
     describe or identify the location of an endangered species, a 
     threatened species, or a species that has been proposed to be 
     listed as threatened or endangered, and release of the data 
     would be likely to result in an increased taking of the 
     species, except that data shall not be withheld pursuant to 
     this paragraph in response to a request regarding the 
     presence of those species on private land by the owner of 
     that land.''.

     SEC. __03. ENHANCED RECOVERY PLANNING.

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


                            ``RECOVERY PLANS

       ``Sec. 5. (a) In General.--The Secretary, in cooperation 
     with the States, and on the basis of the best scientific and 
     commercial data available, shall develop and implement plans 
     (referred to in this Act as `recovery plans') for the 
     conservation and recovery of endangered species and 
     threatened species that are indigenous to the United States 
     or in waters with respect to which the United States 
     exercises sovereign rights or jurisdiction, in accordance 
     with the requirements and schedules described in this 
     section, unless the Secretary finds, after notice and 
     opportunity for public comment, that a plan will not promote 
     the conservation of the species or because an existing plan 
     or strategy to conserve the species already serves as the 
     functional equivalent to a recovery plan. The Secretary may 
     authorize a State agency to develop recovery plans pursuant 
     to subsection (m).
       ``(b) Priorities.--
       ``(1) Criteria.--To the maximum extent practicable, the 
     Secretary, in developing recovery plans, shall give priority, 
     without regard to taxonomic classification, to recovery 
     plans that--
       ``(A) address significant and immediate threats to the 
     survival of an endangered species or a threatened species, 
     have the greatest likelihood of achieving recovery of the 
     endangered species or the threatened species, and will 
     benefit species that are more taxonomically distinct;
       ``(B) address multiple species including (i) endangered 
     species, (ii) threatened species, or (iii) species that the 
     Secretary has identified as candidates or proposed for 
     listing under section 4 and that are dependent on the same 
     habitat as the endangered species or threatened species 
     covered by the plan;
       ``(C) reduce conflicts with construction, development 
     projects, jobs, private property, or other economic 
     activities; and
       ``(D) reduce conflicts with military training and 
     operations.
       ``(2) Priority system.--To carry out subsection (c) of this 
     section and section 3(e) of the Endangered Species Recovery 
     Act of 1997 in the most efficient and effective manner 
     practicable, the Secretary shall develop and implement a 
     priority ranking system for the preparation of recovery plans 
     based on all of the factors described in subparagraphs (A) 
     through (D) of paragraph (1).
       ``(c) Schedule.--For each species determined to be an 
     endangered species or a threatened species after the date of 
     enactment of this subsection for which the Secretary is 
     required to develop a recovery plan under subsection (a), the 
     Secretary shall publish--
       ``(1) not later than 18 months after the date of the 
     publication under section 4 of the final regulation 
     containing the listing determination, a draft recovery plan; 
     and
       ``(2) not later than 30 months after the date of 
     publication under section 4 of the final regulation 
     containing the listing determination, a final recovery plan.
       ``(d) Appointment and Role of Recovery Team.--
       ``(1) In general.--Not later than 60 days after the date of 
     the publication under section 4 of the final regulation 
     containing the listing determination for a species, the 
     Secretary, in cooperation with the affected States, shall 
     either appoint a recovery team to develop a recovery plan for 
     the species or publish a notice pursuant to paragraph (3) 
     that a recovery team shall not be appointed. Recovery teams 
     shall include the Secretary and at least one representative 
     from the State agency of each of the affected States choosing 
     to participate and be broadly representative of the 
     constituencies with an interest in the species and its 
     recovery and in the economic or social impacts of recovery 
     including representatives of Federal agencies, tribal 
     governments, local governments, academic institutions, 
     private individuals and organizations, and commercial 
     enterprises. The recovery team members shall be selected for 
     their knowledge of the species or for their expertise in the 
     elements of the recovery plan or its implementation.
       ``(2) Duties of the recovery team.--Each recovery team 
     shall prepare and submit to the Secretary the draft recovery 
     plan that shall include recovery measures recommended by the 
     team and alternatives, if any, to meet the recovery goal 
     under subsection (e)(1). The recovery team may also be called 
     on by the Secretary to assist in the implementation, review, 
     and revision of recovery plans. The recovery team shall also 
     advise the Secretary concerning the designation of critical 
     habitat, if any.
       ``(3) Exception.--
       ``(A) In general.--Notwithstanding paragraph (1), the 
     Secretary may, after notice and opportunity for public 
     comment, establish criteria to identify species for which the 
     appointment of a recovery team would not be required under 
     this subsection, taking into account the availability of 
     resources for recovery planning, the extent and complexity of 
     the expected recovery activities, and the degree of 
     scientific uncertainty associated with the threats to the 
     species.
       ``(B) State option.--If the Secretary elects not to appoint 
     a recovery team, the Secretary shall provide notice to each 
     affected State and shall provide the affected States the 
     opportunity to appoint a recovery team and develop a recovery 
     plan, in accordance with subsection (m).
       ``(C) Secretarial duty.--If a recovery team is not 
     appointed, the Secretary shall perform all duties of the 
     recovery team required by this section.
       ``(4) Travel expenses.--The Secretary is authorized to 
     provide travel expenses (including per diem in lieu of 
     subsistence at the same level as authorized by section 5703 
     of title 5, United States Code) to recovery team members.
       ``(5) Federal advisory committee act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the 
     selection or activities of a recovery team appointed 
     pursuant to this subsection or subsection (m).
       ``(e) Contents of Recovery Plans.--Each recovery plan shall 
     contain:
       ``(1) Biological recovery goal.--
       ``(A) In general.--Not later than 180 days after the 
     appointment of a recovery team under this section, those 
     members of the recovery team with relevant scientific 
     expertise shall establish and submit to the Secretary a 
     recommended biological recovery goal to conserve and recover 
     the species that, when met, would result in the 
     determination, in accordance with section 4, that the species 
     be removed from the list. The goal shall be based solely on 
     the best scientific and commercial data available. The 
     recovery goal shall be expressed as objective and measurable 
     biological criteria. When the goal is met, the Secretary 
     shall initiate the procedures for determining whether, in 
     accordance with section 4(a)(1), to remove the species from 
     the list.
       ``(B) Peer review.--The recovery team shall promptly obtain 
     independent scientific review of the recommended biological 
     recovery goal.
       ``(2) Recovery measures.--The recovery plan shall 
     incorporate recovery measures that will meet the recovery 
     goal.
       ``(A) Measures.--The recovery measures may incorporate 
     general and site-specific measures for the conservation and 
     recovery of the species such as--
       ``(i) actions to protect and restore habitat;
       ``(ii) research;
       ``(iii) establishment of refugia, captive breeding, and 
     releases of experimental populations;
       ``(iv) actions that may be taken by Federal agencies, 
     including actions that use, to the maximum extent 
     practicable, Federal lands; and
       ``(v) opportunities to cooperate with State and local 
     governments and other persons to recover species, including 
     through the development and implementation of conservation 
     plans under section 10.
       ``(B) Draft recovery plans.--
       ``(i) In general.--In developing a draft recovery plan, the 
     recovery team or, if there is no recovery team, the 
     Secretary, shall consider alternative measures and recommend 
     measures to meet the recovery goal and the benchmarks. The 
     recovery measures shall achieve an appropriate balance among 
     the following factors--

       ``(I) the effectiveness of the measures in meeting the 
     recovery goal;
       ``(II) the period of time in which the recovery goal is 
     likely to be achieved, provided that the time period within 
     which the recovery goal is to be achieved will not pose a 
     significant risk to recovery of the species; and
       ``(III) the social and economic impacts (both quantitative 
     and qualitative) of the measures and the distribution of the 
     impacts across regions and industries.

       ``(ii) Description of alternatives.--The draft plan shall 
     include a description of any alternative recovery measures 
     considered, but not included in the recommended measures, and 
     an explanation of how any such measures considered were 
     assessed and the reasons for their selection or rejection.
       ``(iii) Description of economic effects.--If the 
     recommended recovery measures identified in clause (i) would 
     impose significant costs on a municipality, county, region, 
     or industry, the recovery team shall prepare a description of 
     the overall economic effects on the public and private 
     sectors including, as appropriate, effects on employment, 
     public revenues, and value of property as a result of the 
     implementation of the recovery plan.
       ``(3) Benchmarks.--The recovery plan shall include 
     objective, measurable benchmarks expected to be achieved over 
     the course of the recovery plan to determine whether progress 
     is being made toward the recovery goal. To the extent 
     possible, current and historical population estimates, along 
     with other relevant factors, should be considered in 
     determining whether progress is being made toward meeting the 
     recovery goal.
       ``(4) Federal agencies.--Each recovery plan for an 
     endangered species or a threatened species shall identify 
     Federal agencies

[[Page S10990]]

     that authorize, fund, or carry out actions that are likely to 
     have a significant impact on recovery of the species.
       ``(f) Public Notice and Comment.--
       ``(1) In general.--If the Secretary makes a preliminary 
     determination that the draft recovery plan meets the 
     requirements of this section, the Secretary shall publish in 
     the Federal Register and a newspaper of general circulation 
     in each affected State a notice of availability and a summary 
     of, and a request for public comment on, the draft recovery 
     plan including a description of the economic effects prepared 
     under subsection (e)(2)(B)(iii) and the recommendations of 
     the independent referees on the recovery goal.
       ``(2) Hearings.--At the request of any person, the 
     Secretary shall hold at least one public hearing on each 
     draft recovery plan in each State to which the plan would 
     apply (including at least one hearing in an affected rural 
     area, if any), except that the Secretary may not be required 
     to hold more than five hearings under this paragraph.
       ``(g) Procurement Authority.--In developing and 
     implementing recovery plans, the Secretary may procure the 
     services of appropriate public and private agencies and 
     institutions and other qualified persons.
       ``(h) Review and Selection by the Secretary.--
       ``(1) Review and approval.--The Secretary shall review each 
     plan submitted by a recovery team, including a recovery team 
     appointed by a State pursuant to the authority of subsection 
     (m), to determine whether the plan was developed in 
     accordance with the requirements of this section. If the 
     Secretary determines that the plan does not satisfy such 
     requirements, the Secretary shall notify the recovery team 
     and give the team an opportunity to address the concerns of 
     the Secretary and resubmit a plan that satisfies the 
     requirements of this section. After notice and opportunity 
     for public comment on the recommendations of the recovery 
     team, the Secretary shall adopt a final recovery plan that is 
     consistent with the requirements of this section.
       ``(2) Selection of recovery measures.--In each final plan 
     the Secretary shall select recovery measures that meet the 
     recovery goal and the benchmarks. The recovery measures shall 
     achieve an appropriate balance among the factors described in 
     subclauses (I) through (III) of subsection (e)(2)(B)(i).
       ``(3) Measures recommended by recovery team.--If the 
     Secretary selects measures other than the measures 
     recommended by the recovery team, the Secretary shall publish 
     with the final plan an explanation of why the measures 
     recommended by the recovery team were not selected for the 
     final recovery plan.
       ``(4) Publication of notice on final plans.--The Secretary 
     shall publish in the Federal Register a notice of 
     availability, and a summary, of the final recovery plan, and 
     include in the final recovery plan a response to significant 
     comments that the Secretary received on the draft recovery 
     plan.
       ``(i) Review.--
       ``(1) Existing plans.--Not later than five years after date 
     of enactment of this subsection, the Secretary shall review 
     recovery plans published prior to such date.
       ``(2) Subsequent plans.--The Secretary shall review each 
     recovery plan first approved or revised under this section 
     after the date of enactment of this subsection, not later 
     than ten years after the date of approval or revision of the 
     plan and every ten years thereafter.
       ``(j) Revision of Recovery Plans.--Notwithstanding any 
     other provision of this section, the Secretary shall revise a 
     recovery plan if the Secretary finds that substantial new 
     information, which may include failure to meet the benchmarks 
     included in the plan, based on the best scientific and 
     commercial data available, indicates that the recovery goal 
     contained in the recovery plan will not achieve the 
     conservation and recovery of the endangered species or 
     threatened species covered by the plan. The Secretary shall 
     convene a recovery team to develop the revisions required by 
     this subsection, unless the Secretary has established an 
     exception for the species pursuant to subsection (d)(3).
       ``(k) Existing Plans.--Nothing in this section shall 
     require the modification of--
       ``(1) a recovery plan approved;
       ``(2) a recovery plan on which public notice and comment 
     has been initiated; or
       ``(3) a draft recovery plan on which significant progress 
     has been made;
     prior to the date of enactment of this subsection until the 
     recovery plan is revised by the Secretary in accordance with 
     this section.
       ``(l) Implementation of Recovery Plans.--
       ``(1) Implementation agreements.--The Secretary is 
     authorized to enter into agreements with Federal agencies, 
     affected States, Indian tribes, local governments, private 
     landowners, and organizations to implement specified 
     conservation measures identified by an approved recovery plan 
     that promote the recovery of the species with respect to land 
     or water owned by, or within the jurisdiction of, each 
     such party. The Secretary may enter into such agreements, 
     if the Secretary, after notice and opportunity for public 
     comment, determines that--
       ``(A) each non-Federal party to the agreement has the legal 
     authority and capability to carry out the agreement;
       ``(B) the agreement will be reviewed and revised as 
     necessary on a regular basis (which shall be not less often 
     than every five years) by the parties to the agreement to 
     ensure that it meets the requirements of this section; and
       ``(C) the agreement establishes a mechanism for the 
     Secretary to monitor and evaluate implementation of the 
     agreement.
       ``(2) Duty of federal agencies.--Each Federal agency 
     identified under subsection (e)(4) shall enter into an 
     implementation agreement with the Secretary not later than 
     two years after the date on which the Secretary approves the 
     recovery plan for the species. For purposes of satisfying 
     this section, the substantive provisions of the agreement 
     shall be within the sole discretion of the Secretary and the 
     head of the Federal agency entering into the agreement.
       ``(3) Other requirements.--
       ``(A) Agency actions.--Any action authorized, funded, or 
     carried out by a Federal agency that is specified in a 
     recovery plan implementation agreement between the Federal 
     agency and the Secretary to promote the recovery of the 
     species and for which the agreement provides sufficient 
     information on the nature, scope, and duration of the action 
     to determine the effect of the action on any endangered 
     species, threatened species, or critical habitat shall not be 
     subject to the requirements of section 7(a)(2) for that 
     species, if the action is to be carried out during the term 
     of the agreement and the Federal agency is in compliance with 
     the agreement.
       ``(B) Comprehensive agreements.--If a non-Federal person 
     proposes to include in an implementation agreement a site-
     specific action that the Secretary determines meets the 
     requirements of subparagraph (A) and that action would 
     require authorization or funding by one or more Federal 
     agencies, the agencies authorizing or funding the action 
     shall participate in the development of the agreement and 
     shall identify, at that time, all measures for the species 
     that would be required under this Act as a condition of the 
     authorization or funding.
       ``(4) Financial assistance.--
       ``(A) In general.--In cooperation with the States and 
     subject to the availability of appropriations under section 
     15(f), the Secretary may provide a grant of up to $25,000 to 
     a private landowner to assist the landowner in carrying out a 
     recovery plan implementation agreement under this subsection.
       ``(B) Prohibition on assistance for required activities.--
     Financial assistance provided under this paragraph may be 
     used to fund only those activities in an implementation 
     agreement to implement specified conservation measures 
     identified in a recovery plan that are not required by this 
     Act, a permit issued under this Act, or any other Federal 
     law.
       ``(C) Other payments.--A grant provided to an individual 
     private landowner under this paragraph shall be in addition 
     to, and not affect, the total amount of payments the 
     landowner is otherwise eligible to receive under the 
     conservation reserve program established under subchapter B 
     of chapter 1 of subtitle D of title XII of the Food Security 
     Act of 1985 (16 U.S.C. 3831 et seq.), the wetlands reserve 
     program established under subchapter C of that chapter (16 
     U.S.C. 3837 et seq.), or the Wildlife Habitat Incentives 
     Program established under section 387 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 
     3836a).
       ``(m) State Authority for Recovery Planning.--
       ``(1) In general.--At the request of the Governor of a 
     State, or the Governors of several States in cooperation, the 
     Secretary may authorize the respective State agency to 
     develop the recovery plan for an endangered species or a 
     threatened species in accordance with the requirements and 
     schedules of subsections (c), (d)(1), (d)(2), and (e) and 
     this subsection if the Secretary finds that--
       ``(A) the State or States have entered into a cooperative 
     agreement with the Secretary pursuant to section 6(c); and
       ``(B) the State agency has submitted a statement to the 
     Secretary demonstrating adequate authority and capability to 
     carry out the requirements and schedules of subsections (c), 
     (d)(1), (d)(2), and (e) and this subsection.
       ``(2) Standards and guidelines.--The Secretary, in 
     cooperation with the States, shall publish standards and 
     guidelines for the development of recovery plans by a State 
     agency under this subsection, including standards and 
     guidelines for interstate cooperation and for the grant and 
     withdrawal of authorization by the Secretary under this 
     subsection.
       ``(3) Duties of recovery team.--The recovery team shall 
     prepare a draft recovery plan in accordance with this section 
     and shall transmit the draft plan to the Secretary through 
     the State agency authorized to develop the recovery plan.
       ``(4) Review of draft plans.--Prior to publication of a 
     notice of availability of a draft recovery plan, the 
     Secretary shall review each draft recovery plan developed 
     pursuant to this subsection to determine whether the plan 
     meets the requirements of this section. If the Secretary 
     determines that the plan does not meet such requirements, the 
     Secretary shall notify the State agency and, in cooperation 
     with the State agency, develop a recovery plan in accordance 
     with this section.
       ``(5) Review and approval of final plans.--On receipt of a 
     draft recovery plan transmitted by a State agency, the 
     Secretary shall review and approve the plan in accordance 
     with subsection (h).
       ``(6) Withdrawal of authority.--

[[Page S10991]]

       ``(A) In general.--The Secretary may withdraw the authority 
     from a State that has been authorized to develop a recovery 
     plan pursuant to this subsection if the actions of the State 
     agency are not in accordance with the substantive and 
     procedural requirements of subsections (c), (d)(1), (d)(2), 
     and (e) and this subsection. The Secretary shall give the 
     State agency an opportunity to correct any deficiencies 
     identified by the Secretary and shall withdraw the authority 
     from the State unless the State agency within 60 days has 
     corrected the deficiencies identified by the Secretary. On 
     withdrawal of State authority pursuant to this subsection, 
     the Secretary shall have an additional 18 months to publish a 
     draft recovery plan and an additional 12 months to publish a 
     final recovery plan under subsection 5(c).
       ``(B) Petitions to withdraw.--Any person may submit a 
     petition requesting the Secretary to withdraw the authority 
     from a State on the basis that the actions of the State 
     agency are not in accordance with the substantive and 
     procedural requirements described in subparagraph (A). If the 
     Secretary has not acted on the petition pursuant to 
     subparagraph (A) within 90 days, the petition shall be deemed 
     to be denied and the denial shall be a final agency action 
     for the purposes of judicial review.
       ``(7) Definition of state agency.--For purposes of this 
     subsection, the term `State agency' means--
       ``(A) a State agency (as defined in section 3) of each 
     State entering into a cooperative request under paragraph 
     (1); and
       ``(B) for fish and wildlife, including related spawning 
     grounds and habitat, on the Columbia River and its 
     tributaries, the Pacific Northwest Electric Power and 
     Conservation Planning Council established under the Pacific 
     Northwest Electric Power Planning and Conservation Act (16 
     U.S.C. 839 et seq.).
       ``(n) Critical Habitat Designation.--
       ``(1) Recommendation of the recovery team.--Not later than 
     nine months after the date of publication under section 4 of 
     a final regulation containing a listing determination for a 
     species, the recovery team appointed for the species shall 
     provide the Secretary with a description of any habitat of 
     the species that is recommended for designation as critical 
     habitat pursuant to this subsection and any recommendations 
     for special management considerations or protection that are 
     specific to the habitat.
       ``(2) Designation by the secretary.--The Secretary, to the 
     maximum extent prudent and determinable, shall by regulation 
     designate any habitat that is considered to be critical 
     habitat of an endangered species or a threatened species that 
     is indigenous to the United States or waters with respect to 
     which the United States exercises sovereign rights or 
     jurisdiction.
       ``(A) Designation.--
       ``(i) Proposal.--Not later than 18 months after the date on 
     which a final listing determination is made under section 4 
     for a species, the Secretary, after consultation and in 
     cooperation with the recovery team, shall publish in the 
     Federal Register a proposed regulation designating critical 
     habitat for the species.
       ``(ii) Promulgation.--The Secretary shall, after 
     consultation and in cooperation with the recovery team, 
     publish a final regulation designating critical habitat for a 
     species not later than 30 months after the date on which a 
     final listing determination is made under section 4 for the 
     species.
       ``(B) Other designations.--If a recovery plan is not 
     developed under this section for an endangered species or a 
     threatened species, the Secretary shall publish a final 
     critical habitat determination for the endangered species or 
     threatened species not later than three years after making a 
     determination that the species is an endangered species or a 
     threatened species.
       ``(C) Additional authority.--The Secretary may publish a 
     regulation designating critical habitat for an endangered 
     species or a threatened species concurrently with the final 
     regulation implementing the determination that the species is 
     endangered or threatened if the Secretary determines that 
     designation of such habitat at the time of listing is 
     essential to avoid the imminent extinction of the species.
       ``(3) Factors to be considered.--The designation of 
     critical habitat shall be made on the basis of the best 
     scientific and commercial data available and after taking 
     into consideration the economic impact, impacts to military 
     training and operations, and any other relevant impact, of 
     specifying any particular area as critical habitat. The 
     Secretary shall describe the economic impacts and other 
     relevant impacts that are to be considered under this 
     subsection in the publication of any proposed regulation 
     designating critical habitat.
       ``(4) Exclusions.--The Secretary may exclude any area from 
     critical habitat for a species if the Secretary determines 
     that the benefits of the exclusion outweigh the benefits of 
     designating the area as part of the critical habitat, unless 
     the Secretary determines that the failure to designate the 
     area as critical habitat will result in the extinction of the 
     species.
       ``(5) Revisions.--The Secretary may, from time-to-time and 
     as appropriate, revise a designation. Each area designated as 
     critical habitat before the date of enactment of this 
     subsection shall continue to be considered so designated, 
     until the designation is revised in accordance with this 
     subsection.
       ``(6) Petitions.--
       ``(A) Determination that revision may be warranted.--To the 
     maximum extent practicable, not later than 90 days after 
     receiving the petition of an interested person under section 
     553(e) of title 5, United States Code, to revise a critical 
     habitat designation, the Secretary shall make a finding as to 
     whether the petition presents substantial scientific or 
     commercial information indicating that the revision may be 
     warranted. The Secretary shall promptly publish the 
     finding in the Federal Register.
       ``(B) Notice of proposed action.--Not later than one year 
     after receiving a petition that is found under subparagraph 
     (A) to present substantial information indicating that the 
     requested revision may be warranted, the Secretary shall 
     determine how to proceed with the requested revision, and 
     shall promptly publish notice of the intention in the Federal 
     Register.
       ``(7) Proposed and final regulations.--Any regulation to 
     designate critical habitat or implement a requested revision 
     shall be proposed and promulgated in accordance with 
     paragraphs (4), (5), and (6) of section 4(b) in the same 
     manner as a regulation to implement a determination with 
     respect to listing a species.
       ``(o) Reports.--The Secretary shall report every two years 
     to the Committee on Environment and Public Works of the 
     Senate and the Committee on Resources of the House of 
     Representatives on the status of efforts to develop and 
     implement recovery plans for all species listed pursuant to 
     section 4 and on the status of all species for which the 
     plans have been developed.''.
       (c) Citizen Suits.--Section 11(g)(1)(C) (16 U.S.C. 
     1540(g)(1)(C)) is amended by inserting ``or section 5'' after 
     ``section 4''.
       (d) Conforming Amendments for Recovery Planning.--
       (1) Section 6(d)(1) (16 U.S.C. 1535(d)(1)) is amended in 
     the first sentence by striking ``section 4(g)'' and inserting 
     ``section 4(f)''.
       (2) Section 10(f)(5) (16 U.S.C. 1539(f)(5)) is amended by 
     striking the last sentence.
       (3) Section 7(a)(1) of the Land and Water Conservation Fund 
     Act of 1965 (16 U.S.C. 460l-9) is amended in the undesignated 
     paragraph relating to the National Wildlife Refuge System by 
     striking ``section 5(a)'' and inserting ``section 5A(a)''.
       (4) Section 5(b) of Public Law 103-64 (16 U.S.C. 460iii-
     4(b)) is amended by striking ``section 5(b) of the Endangered 
     Species Act of 1973 (16 U.S.C. 1534(b))'' and inserting 
     ``section 5A(b) of the Endangered Species Act of 1973''.
       (5) Section 104(c)(4)(A)(ii)(I) of the Marine Mammal 
     Protection Act of 1972 (16 U.S.C. 1347(c)(4)(A)(ii)(I)) is 
     amended by striking ``section 4(f)'' and inserting ``section 
     5''.
       (6) Section 115(b)(2) of the Marine Mammal Protection Act 
     of 1972 (16 U.S.C. 1383(b)(2)) is amended by striking 
     ``section 4(f) of the Endangered Species Act of 1973 (16 
     U.S.C. 1533(f))'' and inserting ``section 5 of the Endangered 
     Species Act of 1973''.
       (7) Section 118(f)(11) of the Marine Mammal Protection Act 
     of 1972 (16 U.S.C. 1387(f)(11)) is amended by striking 
     ``section 4'' and inserting ``section 5''.
       (8) The table of contents in the first section (16 U.S.C. 
     prec. 1531) is amended--
       (A) by striking the item relating to section 5 and 
     inserting the following:

``Sec. 5. Recovery plans.
``Sec. 5A. Land acquisition.'';

     and
       (B) by adding at the end the following:

``Sec. 18. Annual cost analysis by the Fish and Wildlife Service.''.

       (e) Plans for Previously Listed Species.--In the case of 
     species included in the list published under section 4(c) 
     before the date of enactment of this Act, and for which no 
     recovery plan was developed before that date, the Secretary 
     of the Interior or the Secretary of Commerce, as appropriate, 
     shall develop a final recovery plan in accordance with the 
     requirements of section 5 (including the priorities of 
     section 5(b)) of the Endangered Species Act of 1973 (16 
     U.S.C. 1531 et seq.) (as amended by this section) for not 
     less than one-half of the species not later than 36 months 
     after the date of enactment of this Act and for all 
     species not later than 60 months after such date.

     SEC. __04. INTERAGENCY CONSULTATION AND COOPERATION.

       (a) Reasonable and Prudent Alternatives.--
       (1) Definition.--Subsection (a) of section 3 (16 U.S.C. 
     1532) (as amended by section __02(a)(2)) is amended by 
     inserting the following after the paragraph defining the term 
     ``plant'' and redesignating the subsequent paragraphs 
     accordingly:
       ``(15) Reasonable and prudent alternatives.--The term 
     `reasonable and prudent alternatives' means alternative 
     actions identified during consultation that can be 
     implemented in a manner consistent with the intended purpose 
     of the action, that can be implemented consistent with the 
     scope of the legal authority and jurisdiction of the Federal 
     agency, that are economically and technologically feasible, 
     and that the Secretary believes would avoid the likelihood of 
     jeopardizing the continued existence of listed species or 
     resulting in the destruction or adverse modification of 
     critical habitat.''.
       (2) Conforming amendment.--Section 7(n) (16 U.S.C. 1536(n)) 
     is amended in the first sentence by striking ``, as defined 
     by section 3(13) of this Act,''.

[[Page S10992]]

       (b) Inventory of Species on Federal Lands.--Section 7(a)(1) 
     (16 U.S.C. 1536(a)(1)) is amended--
       (1) by striking ``Consultations.--(1) The'' and 
     inserting:``Consultations.--
       ``(1) In general.--
       ``(A) Other programs.--The''; and
       (2) by adding at the end the following:
       ``(B) Inventory of species on federal lands.--The head of 
     each Federal agency that is responsible for the management of 
     land and water--
       ``(i) shall, to the maximum extent practicable, by not 
     later than December 31, 2003, prepare and provide to the 
     Secretary an inventory of the presence or occurrence of 
     endangered species, threatened species, species that have 
     been proposed for listing, and species that the Secretary has 
     identified as candidates for listing under section 4, that 
     are located on land or water owned or under the control of 
     the agency; and
       ``(ii) shall, at least once every ten years thereafter, 
     update the inventory required by clause (i) including newly 
     listed species, species proposed for listing, and candidate 
     species.''.
       (c) Consultation.--Section 7(a)(3) (16 U.S.C. 1536(a)(3)) 
     is amended to read as follows:
       ``(3) Consultation.--
       ``(A) Notification of actions.--Prior to commencing any 
     action, each Federal agency shall notify the Secretary if the 
     agency determines that the action may affect an endangered 
     species or a threatened species, or critical habitat.
       ``(B) Agency determination.--
       ``(i) In general.--Each Federal agency shall consult with 
     the Secretary as required by paragraph (2) on each action for 
     which notification is required under subparagraph (A) 
     unless--

       ``(I) the Federal agency makes a determination based on the 
     opinion of a qualified biologist that the action is not 
     likely to adversely affect an endangered species, a 
     threatened species, or critical habitat;
       ``(II) the Federal agency notifies the Secretary that it 
     has determined that the action is not likely to adversely 
     affect any listed species or critical habitat and provides 
     the Secretary, along with the notice, a copy of the 
     information on which the agency based the determination; and
       ``(III) the Secretary does not object in writing to the 
     agency's determination within 60 days after the date such 
     notice is received.

       ``(ii) Public access to information.--The Secretary shall 
     maintain a list of notices received from Federal agencies 
     under clause (i)(II) and shall make available to the public 
     the list and, on request (subject to the exemptions specified 
     in section 552(b) of title 5, United States Code), the 
     information received by the Secretary on which the agency 
     based its determination.
       ``(iii) Actions excluded.--The Secretary may by regulation 
     identify categories of actions with respect to specific 
     endangered species or threatened species that the Secretary 
     determines are likely to have an adverse effect on the 
     species or its critical habitat and, for which, the 
     procedures of clause (i) shall not apply.
       ``(iv) Basis for objection.--The Secretary shall object to 
     a determination made by a Federal agency pursuant to clause 
     (i), if--

       ``(I) the Secretary determines that the action may have an 
     adverse effect on an endangered species, a threatened species 
     or critical habitat;
       ``(II) the Secretary finds that there is insufficient 
     information in the documentation accompanying the 
     determination to evaluate the impact of the proposed action 
     on endangered species, threatened species, or critical 
     habitat; or
       ``(III) the Secretary finds that, because of the nature of 
     the action and its potential impact on an endangered species, 
     a threatened species, or critical habitat, review cannot 
     be completed in 60 days.
       ``(v) Reports.--The Secretary shall report to the Congress 
     not less often than biennially with respect to the 
     implementation of this subparagraph including in the report 
     information on the circumstances that resulted in the 
     Secretary making any objection to a determination made by a 
     Federal agency under clause (i) and the availability of 
     resources to carry out this section.
       ``(C) Consultation at request of applicant.--Subject to 
     such guidelines as the Secretary may establish, a Federal 
     agency shall consult with the Secretary on any prospective 
     agency action at the request of, and in cooperation with, the 
     prospective permit or license applicant if the applicant has 
     reason to believe that an endangered species or a threatened 
     species may be present in the area affected by the 
     applicant's project and that implementation of the action 
     will likely affect the species.''.
       (d) GAO Report.--The Comptroller General of the United 
     States shall report to the Committee on Environment and 
     Public Works of the Senate and to the Committee on Resources 
     of the House of Representatives not later than three years 
     after the date of enactment of this Act, and two years 
     thereafter, on the cost of formal consultation to Federal 
     agencies and other persons carrying out actions subject to 
     the requirements of section 7 of the Endangered Species Act 
     of 1973 (16 U.S.C. 1536), including the costs of reasonable 
     and prudent measures imposed.
       (e) New Listings.--Section 7(a) (16 U.S.C. 1536(a)) is 
     amended by adding at the end the following:
       ``(5) Effect of listing on existing plans.--
       ``(A) Definition of action.--For the purposes of paragraph 
     (2) and this paragraph, the term `action' includes land use 
     plans under the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1701 et seq.) and land and resource 
     management plans under the Forest and Rangeland Renewable 
     Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), as 
     amended by the National Forest Management Act of 1976 (16 
     U.S.C. 1600 (note)).
       ``(B) Reinitiation of consultation.--Whenever a 
     determination to list a species as an endangered species or a 
     threatened species or designation of critical habitat 
     requires reinitiation of consultation under paragraph (2) on 
     an already approved action as defined under subparagraph (A), 
     the consultation shall commence promptly, but not later than 
     90 days after the date of the determination or designation, 
     and shall be completed not later than one year after the date 
     on which the consultation is commenced.
       ``(C) Site-specific actions during consultation.--
     Notwithstanding subsection (d), the Federal agency 
     implementing the land use plan or land and resource 
     management plan under subparagraph (B) may authorize, fund, 
     or carry out a site-specific ongoing or previously scheduled 
     action within the scope of the plan on the lands prior to 
     completing consultation on the plan under subparagraph (B) 
     pursuant to the consultation procedures of this section and 
     related regulations, if--
       ``(i) no consultation on the action is required; or
       ``(ii) consultation on the action is required, the 
     Secretary issues a biological opinion and the action 
     satisfies the requirements of this section.''.
       (f) Improved Federal Agency Coordination.--Section 7(a) (16 
     U.S.C. 1536(a)) (as amended by subsection (e)) is amended by 
     adding at the end the following:
       ``(6) Consolidation of consultation and conferencing.--
       ``(A) Consultation with a single agency.--Consultation and 
     conferencing under this subsection between the Secretary and 
     a Federal agency may, with the approval of the Secretary, 
     encompass a number of related or similar actions by the 
     agency to be carried out within a particular geographic area.
       ``(B) Consultation with several agencies.--The Secretary 
     may consolidate requests for consultation or conferencing 
     from various Federal agencies the proposed actions of which 
     may affect the same endangered species, threatened species, 
     or species that have been proposed for listing under section 
     4, within a particular geographic area.''.
       (g) Use of Information Provided by States.--Section 7(b)(1) 
     (16 U.S.C. 1536(b)(1)) is amended by adding at the end the 
     following:
       ``(C) Use of state information.--In conducting a 
     consultation under subsection (a)(2), the Secretary shall 
     actively solicit and consider information from the State 
     agency in each affected State.''.
       (h) Opportunity To Participate in Consultations.--Section 
     7(b)(1) (16 U.S.C. 1536(b)(1)) (as amended by subsection (g)) 
     is amended by adding at the end the following:
       ``(D) Opportunity to participate in consultations.--
       ``(i) In general.--In conducting a consultation under 
     subsection (a)(2), the Secretary shall provide any person who 
     has sought authorization or funding from a Federal agency for 
     an action that is the subject of the consultation, the 
     opportunity to--

       ``(I) prior to the development of a draft biological 
     opinion, submit and discuss with the Secretary and the 
     Federal agency information relevant to the effect of the 
     proposed action on the species and the availability of 
     reasonable and prudent alternatives (if a jeopardy opinion is 
     to be issued) that the Federal agency and the person can take 
     to avoid violation of subsection (a)(2);
       ``(II) receive information, on request, subject to the 
     exemptions specified in section 552(b) of title 5, United 
     States Code, on the status of the species, threats to the 
     species, and conservation measures, used by the Secretary to 
     develop the draft biological opinion and the final biological 
     opinion, including the associated incidental taking 
     statements; and
       ``(III) receive a copy of the draft biological opinion from 
     the Federal agency and, prior to issuance of the final 
     biological opinion, submit comments on the draft biological 
     opinion and discuss with the Secretary and the Federal agency 
     the basis for any finding in the draft biological opinion.

       ``(ii) Explanation.--If reasonable and prudent alternatives 
     are proposed by a person under clause (i) and the Secretary 
     does not include the alternatives in the final biological 
     opinion, the Secretary shall explain to the person why those 
     alternatives were not included in the opinion.
       ``(iii) Public access to information.--Comments and other 
     information submitted to, or received from, any person 
     (pursuant to clause (i)) who seeks authorization or funding 
     for an action shall be maintained in a file for that action 
     by the Secretary and shall be made available to the public 
     (subject to the exemptions specified in section 552(b) of 
     title 5, United States Code).''.
       (i) Incidental Taking Standards for Federal Agencies.--
     Section 7(b)(4) (16 U.S.C. 1536(b)(4)) is amended--
       (1) in clause (ii), by inserting ``and mitigate'' after 
     ``to minimize''; and
       (2) by adding at the end the following: ``For purposes of 
     this subsection, reasonable and

[[Page S10993]]

     prudent measures shall be related both in nature and extent 
     to the effect of the proposed activity that is the subject of 
     the consultation.''.
       (j) Emergency Consultations.--Section 7 (16 U.S.C. 1536) is 
     amended by adding the following:
       ``(q) Emergency Consultations.--In response to a natural 
     disaster or other emergency, consultation under subsection 
     (a)(2) may be deferred by a Federal agency for the emergency 
     repair of a natural gas pipeline, hazardous liquid pipeline, 
     or electrical transmission facility, if the repair is 
     necessary to address an imminent threat to human lives or an 
     imminent and significant threat to the environment. 
     Consultation shall be initiated as soon as practicable after 
     the threat to human lives or the environment has abated.''.
       (k) Revision of Regulations.--Not later than one year after 
     the date of enactment of this Act, the Secretary of the 
     Interior and the Secretary of Commerce shall promulgate 
     modifications to part 402 of title 50, Code of Federal 
     Regulations, to implement this section and the amendments 
     made by this section.

     SEC. __05. CONSERVATION PLANS.

       (a) Permit for Taking on the High Seas.--Section 
     10(a)(1)(B) (16 U.S.C. 1539(a)(1)(B)) is amended by striking 
     ``section 9(a)(1)(B)'' and inserting ``subparagraph (B) or 
     (C) of section 9(a)(1)''.
       (b) Monitoring.--Section 10(a)(2)(B) (16 U.S.C. 
     1539(a)(2)(B)) is amended in the last sentence by striking 
     ``reporting'' and inserting ``monitoring and reporting''.
       (c) Other Plans.--Section 10(a) (16 U.S.C. 1539(a)) is 
     amended by striking paragraph (2)(C) and inserting the 
     following:
       ``(3) Multiple species conservation plans.--
       ``(A) In general.--In addition to one or more listed 
     species, a conservation plan developed under paragraph (2) 
     may, at the request of the applicant, include species 
     proposed for listing under section 4(c), candidate species, 
     or other species found on lands or waters owned or within the 
     jurisdiction of the applicant covered by the plan.
       ``(B) Approval criteria.--The Secretary shall approve an 
     application for a permit under paragraph (1)(B) that includes 
     species other than species listed as endangered species or 
     threatened species if, after notice and opportunity for 
     public comment, the Secretary finds that the permit 
     application and the related conservation plan satisfy the 
     criteria of subparagraphs (A) and (B) of paragraph (2) with 
     respect to listed species, and that the permit application 
     and the related conservation plan with respect to other 
     species satisfy the following requirements--
       ``(i) the impact on non-listed species included in the plan 
     will be incidental;
       ``(ii) the applicant will, to the maximum extent 
     practicable, minimize and mitigate such impacts;
       ``(iii) the actions taken by the applicant with respect to 
     species proposed for listing or candidates for listing 
     included in the plan, if undertaken by all similarly situated 
     persons within the range of such species, are likely to 
     eliminate the need to list the species as an endangered 
     species or a threatened species for the duration of the 
     agreement as a result of the activities conducted by those 
     persons;
       ``(iv) the actions taken by the applicant with respect to 
     other non-listed species included in the plan, if undertaken 
     by all similarly situated persons within the range of such 
     species, would not be likely to contribute to a determination 
     to list the species as an endangered species or a threatened 
     species for the duration of the agreement; and
       ``(v) the criteria of subparagraphs (A)(iv), (B)(iii), and 
     (B)(v) of paragraph (2);

     and the Secretary has received such other assurances as the 
     Secretary may require that the plan will be implemented. The 
     permit shall contain such terms and conditions as the 
     Secretary deems necessary or appropriate to carry out the 
     purposes of this paragraph, including such monitoring and 
     reporting requirements as the Secretary deems necessary for 
     determining whether the terms and conditions are being 
     complied with. The Secretary shall not include as a term or 
     condition of a plan or a permit under this paragraph any 
     provisions for a species proposed for listing under section 
     4(c), candidate species, or other species not listed under 
     section 4(c) unless the applicant voluntarily includes that 
     species in the plan or application for a permit.
       ``(C) Technical assistance and guidance.--To the maximum 
     extent practicable, the Secretary and the heads of other 
     Federal agencies, in cooperation with the States, are 
     authorized and encouraged to provide technical assistance or 
     guidance to States and property owners to develop 
     conservation plans. Technical assistance and guidance 
     provided under this subparagraph may include providing 
     scientific and other information regarding the species 
     included in a conservation plan, assistance in preparing the 
     conservation plan, and information regarding alternative 
     means to comply with this Act, including the availability of 
     conservation plans for low effect activities.
       ``(D) Deadlines.--A conservation plan developed under this 
     paragraph shall be reviewed and approved or disapproved by 
     the Secretary not later than one year after the date of 
     submission, or within such other period of time as is 
     mutually agreeable to the Secretary and the applicant.
       ``(E) State and local law.--
       ``(i) Other species.--Nothing in this paragraph shall limit 
     the authority of a State or local government with respect to 
     fish, wildlife, or plants that have not been listed as an 
     endangered species or a threatened species under section 4.
       ``(ii) Compliance.--An action by the Secretary, the 
     Attorney General, or a person under section 11(g) to ensure 
     compliance with a multiple species conservation plan and 
     permit under this paragraph may be brought only against a 
     permittee or the Secretary.
       ``(F) Effective date of permit for non-listed species.--In 
     the case of any species not listed as an endangered species 
     or a threatened species, but covered by an approved 
     multiple species conservation plan, the permit issued 
     under paragraph (1)(B) shall take effect without further 
     action by the Secretary at the time the species is listed 
     pursuant to section 4(c), and to the extent that the 
     taking is otherwise prohibited by subparagraph (B) or (C) 
     of section 9(a)(1).
       ``(4) Low effect activities.--
       ``(A) In general.--Notwithstanding paragraph (2)(A), the 
     Secretary may issue a permit for a low effect activity 
     authorizing any taking referred to in paragraph (1)(B), if 
     the Secretary determines that the activity will have no more 
     than a negligible effect, both individually and cumulatively, 
     on the species, any taking associated with the activity will 
     be incidental, and the taking will not appreciably reduce the 
     likelihood of the survival and recovery of the species in the 
     wild. The permit shall require, to the extent appropriate, 
     actions to be taken by the permittee to offset the effects of 
     the activity on the species.
       ``(B) Applications.--The Secretary shall minimize the costs 
     of permitting to the applicant by developing, in cooperation 
     with the States, model permit applications that will 
     constitute conservation plans for low effect activities.
       ``(C) Public comment; effective date.--On receipt of a 
     permit application for an activity that meets the 
     requirements of subparagraph (A), the Secretary shall provide 
     notice in a newspaper of general circulation in the area of 
     the activity not later than 30 days after receipt and provide 
     an opportunity for comment on the permit. If the Secretary 
     does not receive significant adverse comment by the date that 
     is 30 days after the notice is published, the permit shall 
     take effect without further action by the Secretary 60 days 
     after the notice is published.
       ``(5) No surprises.--
       ``(A) In general.--Each conservation plan developed under 
     this subsection shall include a no surprises provision, as 
     described in this paragraph.
       ``(B) No surprises.--A person who has entered into, and is 
     in compliance with, a conservation plan under this subsection 
     may not be required to undertake any additional mitigation 
     measures for species covered by such plan if such measures 
     would require the payment of additional money, or the 
     adoption of additional use, development, or management 
     restrictions on any land, waters, or water-related rights 
     that would otherwise be available under the terms of the plan 
     without the consent of the permittee. The Secretary and the 
     applicant, by the terms of the conservation plan, shall 
     identify--
       ``(i) other modifications to the plan; or
       ``(ii) other additional measures;

     if any, that the Secretary may require under extraordinary 
     circumstances.
       ``(6) Permit revocation.--After notice and an opportunity 
     for correction, as appropriate, the Secretary shall revoke a 
     permit issued under this subsection if the Secretary finds 
     that the permittee is not complying with the terms and 
     conditions of the permit or the conservation plan.''.
       (d) Candidate Conservation Agreements.--
       (1) Permits.--Section 10(a)(1) (16 U.S.C. 1539(a)(1)) is 
     amended--
       (A) by striking ``or'' at the end of subparagraph (A);
       (B) by striking the period at the end of subparagraph (B) 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(C) any taking incidental to, and not the purpose of, the 
     carrying out of an otherwise lawful activity pursuant to a 
     candidate conservation agreement entered into under 
     subsection (k).''.
       (2) Agreements.--Section 10 (16 U.S.C. 1539) is amended by 
     adding at the end the following:
       ``(k) Candidate Conservation Agreements.--
       ``(1) In general.--At the request of any non-Federal 
     person, the Secretary may enter into a candidate conservation 
     agreement with the person for a species that has been 
     proposed for listing under section 4(c)(1), is a candidate 
     species, or is likely to become a candidate species in the 
     near future on property owned or under the jurisdiction of 
     the person requesting such an agreement.
       ``(2) Review by the secretary.--
       ``(A) Submission to the secretary.--A non-Federal person 
     may submit a candidate conservation agreement developed under 
     paragraph (1) to the Secretary for review at any time prior 
     to the listing described in section 4(c)(1) of a species that 
     is the subject of the agreement.
       ``(B) Criteria for approval.--The Secretary may approve an 
     agreement and issue a permit under subsection (a)(1)(C) for 
     the agreement if, after notice and opportunity for public 
     comment, the Secretary finds that--

[[Page S10994]]

       ``(i) for species proposed for listing, candidates for 
     listing, or species that are likely to become a candidate 
     species in the near future, that are included in the 
     agreement, the actions taken under the agreement, if 
     undertaken by all similarly situated persons, would produce a 
     conservation benefit that would be likely to eliminate the 
     need to list the species under section 4(c) as a result of 
     the activities of those persons during the duration of the 
     agreement;
       ``(ii) the actions taken under the agreement will not 
     adversely affect an endangered species or a threatened 
     species;
       ``(iii) the agreement contains such other measures that the 
     Secretary may require as being necessary or appropriate for 
     the purposes of the agreement;
       ``(iv) the person will ensure adequate funding to implement 
     the agreement; and
       ``(v) the agreement includes such monitoring and reporting 
     requirements as the Secretary deems necessary for 
     determining whether the terms and conditions of the 
     agreement are being complied with.
       ``(3) Effective date of permit.--A permit issued under 
     subsection (a)(1)(C) shall take effect at the time the 
     species is listed pursuant to section 4(c), if the permittee 
     is in full compliance with the terms and conditions of the 
     agreement.
       ``(4) Assurances.--A person who has entered into a 
     candidate conservation agreement under this subsection, and 
     is in compliance with the agreement, may not be required to 
     undertake any additional measures for species covered by such 
     agreement if the measures would require the payment of 
     additional money, or the adoption of additional use, 
     development, or management restrictions on any land, waters, 
     or water-related rights that would otherwise be available 
     under the terms of the agreement without the consent of the 
     person entering into the agreement. The Secretary and the 
     person entering into a candidate conservation agreement, by 
     the terms of the agreement, shall identify--
       ``(A) other modifications to the agreement; or
       ``(B) other additional measures;
     if any, that the Secretary may require under extraordinary 
     circumstances.''.
       (e) Public Notice.--Section 10(c) (16 U.S.C. 1539(c)) is 
     amended--
       (1) by striking ``thirty'' each place that it appears and 
     inserting ``60''; and
       (2) by inserting before the final sentence the following: 
     ``The Secretary may, with approval of the applicant, provide 
     an opportunity, as early as practicable, for public 
     participation in the development of a multiple species 
     conservation plan and permit application. If a multiple 
     species conservation plan and permit application have been 
     developed without an opportunity for public participation, 
     the Secretary shall extend the public comment period for an 
     additional 30 days for interested parties to submit written 
     data, views, or arguments on the plan and application.''.
       (f) Safe Harbor Agreements.--Section 10 (16 U.S.C. 1539) 
     (as amended by subsection (d)(2)) is amended by adding at the 
     end the following:
       ``(l) Safe Harbor Agreements.--
       ``(1) Agreements.--
       ``(A) In general.--The Secretary may enter into agreements 
     with non-Federal persons to benefit the conservation of 
     endangered species or threatened species by creating, 
     restoring, or improving habitat or by maintaining currently 
     unoccupied habitat for endangered species or threatened 
     species. Under an agreement, the Secretary shall permit the 
     person to take endangered species or threatened species 
     included under the agreement on lands or waters that are 
     subject to the agreement if the taking is incidental to, and 
     not the purpose of, carrying out of an otherwise lawful 
     activity, except that the Secretary may not permit through an 
     agreement any incidental taking below the baseline 
     requirement specified pursuant to subparagraph (B).
       ``(B) Baseline.--For each agreement under this subsection, 
     the Secretary shall establish a baseline requirement that is 
     mutually agreed on by the applicant and the Secretary at the 
     time of the agreement that will, at a minimum, maintain 
     existing conditions for the species covered by the agreement 
     on lands and waters that are subject to the agreement. The 
     baseline may be expressed in terms of the abundance or 
     distribution of endangered or threatened species, quantity or 
     quality of habitat, or such other indicators as appropriate.
       ``(2) Standards and guidelines.--The Secretary shall issue 
     standards and guidelines for the development and approval of 
     safe harbor agreements in accordance with this subsection.
       ``(3) Financial assistance.--
       ``(A) In general.--In cooperation with the States and 
     subject to the availability of appropriations under section 
     15(d), the Secretary may provide a grant of up to $10,000 to 
     any individual private landowner to assist the landowner in 
     carrying out a safe harbor agreement under this subsection.
       ``(B) Prohibition on assistance for required activities.--
     Financial assistance provided under this paragraph may be 
     used to fund only those activities identified in a safe 
     harbor agreement to benefit the conservation of threatened 
     species or endangered species that are not required by this 
     Act, a permit issued under this Act, or any other Federal 
     law.
       ``(C) Other payments.--A grant provided to an individual 
     private landowner under this paragraph shall be in addition 
     to, and not affect, the total amount of payments that the 
     landowner is otherwise eligible to receive under the 
     conservation reserve program established under subchapter B 
     of chapter 1 of subtitle D of title XII of the Food Security 
     Act of 1985 (16 U.S.C. 3831 et seq.), the wetlands reserve 
     program established under subchapter C of that chapter (16 
     U.S.C. 3837 et seq.), or the Wildlife Habitat Incentives 
     Program established under section 387 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 
     3836a).''.
       (g) Habitat Reserve Agreements.--Section 10 (16 U.S.C. 
     1539) (as amended by subsection (f)) is amended by adding at 
     the end the following:
       ``(m) Habitat Reserve Agreements.--
       ``(1) Program.--The Secretary shall establish a habitat 
     reserve program to be implemented through contracts or 
     easements of a mutually agreed on duration to assist non-
     Federal property owners to preserve and manage suitable 
     habitat for endangered species and threatened species.
       ``(2) Agreements.--The Secretary may enter into a habitat 
     reserve agreement with a non-Federal property owner to 
     protect, manage, or enhance suitable habitat on private 
     property for the benefit of endangered species or threatened 
     species. Under an agreement, the Secretary shall make 
     payments in an agreed on amount to the property owner for 
     carrying out the terms of the habitat reserve agreement, 
     if the activities undertaken pursuant to the agreement are 
     not otherwise required by this Act.
       ``(3) Standards and guidelines.--The Secretary shall issue 
     standards and guidelines for the development and approval of 
     habitat reserve agreements in accordance with this 
     subsection. Agreements shall, at a minimum, specify the 
     management measures, if any, that the property owner will 
     implement for the benefit of endangered species or threatened 
     species, the conditions under which the property may be used, 
     the nature and schedule for any payments agreed on by the 
     parties to the agreement, and the duration of the agreement.
       ``(4) Payments.--Any payment received by a property owner 
     under a habitat reserve agreement shall be in addition to and 
     shall not affect the total amount of payments that the 
     property owner is otherwise entitled to receive under the 
     Agricultural Market Transition Act (7 U.S.C. 7201 et seq.) or 
     the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.).
       ``(5) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary of the 
     Interior $27,500,000 and the Secretary of Commerce 
     $13,333,333 for each of fiscal years 1998 through 2003 to 
     assist non-Federal property owners to carry out the terms of 
     habitat reserve programs under this subsection.''.
       (h) Habitat Conservation Planning Loan Program.--Section 
     10(a) (16 U.S.C. 1539(a)) (as amended by subsection (c)) is 
     amended by adding at the end the following:
       ``(7) Habitat conservation planning loan program.--
       ``(A) Establishment.--There is established a `Habitat 
     Conservation Planning Loan Program' (referred to in this 
     paragraph as the `Program') under which the Secretary may 
     make no-interest loans to assist in the development of a 
     conservation plan under this section.
       ``(B) Eligibility.--Any State, county, municipality, or 
     other political subdivision of a State shall be eligible to 
     receive a loan under the Program.
       ``(C) Loan limits.--The amount of any loan may not exceed 
     the total financial contribution of the other parties 
     participating in the development of the plan.
       ``(D) Criteria.--In determining whether to make a loan, the 
     Secretary shall consider--
       ``(i) the number of species covered by the plan;
       ``(ii) the extent to which there is a commitment to 
     participate in the planning process from a diversity of 
     interests (including local governmental, business, 
     environmental, and landowner interests);
       ``(iii) the likely benefits of the plan; and
       ``(iv) such other factors as the Secretary considers 
     appropriate.
       ``(E) Term of the loan.--
       ``(i) In general.--Except as provided in clause (ii), a 
     loan made under this paragraph shall be for a term of ten 
     years.
       ``(ii) Advanced repayments.--If no conservation plan is 
     developed within three years after the date of the loan, the 
     loan shall be for a term of four years. If no permit is 
     issued under paragraph (1)(B) with respect to the 
     conservation plan within four years after the date of the 
     loan, the loan shall be for a term of five years.''.
       (i) Effect on Permits and Proposed Plans.--No amendment 
     made by this section requires the modification of--
       (1) a permit issued under section 10 of the Endangered 
     Species Act of 1973 (16 U.S.C. 1539); or
       (2) a conservation plan submitted for approval pursuant to 
     such section;
     prior to the date of enactment of this Act.
       (j) Rulemaking.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of the Interior and the 
     Secretary of Commerce shall, after consultation with the 
     States and notice and opportunity for public comment, publish 
     final regulations implementing the provisions of section 
     10(a) of the Endangered Species Act of 1973 (16 U.S.C. 
     1539(a)), as amended by this section.
       (k) NAS Report.--Not later than two years after the date of 
     enactment of this Act, the

[[Page S10995]]

     Secretary of the Interior and the Secretary of Commerce shall 
     enter into appropriate arrangements with the National Academy 
     of Sciences to conduct a review of and prepare a report on 
     the development and implementation of conservation plans 
     under section 10(a) of the Endangered Species Act of 1973 (16 
     U.S.C. 1539(a)). The report shall assess the extent to which 
     those plans comply with the requirements of that Act, the 
     role of multiple species conservation plans in preventing 
     the need to list species covered by those plans, and the 
     relationship of conservation plans for listed species to 
     implementation of recovery plans. The report shall be 
     transmitted to the Congress not later than five years 
     after the date of enactment of this Act.
       (l) Scientific Permits.--Section 10(d) (16 U.S.C. 1539(d)) 
     is amended--
       (1) by striking ``Policy.--The'' and inserting ``Policy.--
       ``(1) In general.--The''; and
       (2) by adding at the end the following:
       ``(2) Scientific permits.--In granting permits for 
     scientific purposes or to enhance the propagation or survival 
     of an endangered species or a threatened species listed under 
     section 4(c), the Secretary may authorize a single 
     transaction, a series of transactions, or a number of 
     activities over a specific period of time. In issuing or 
     modifying such a permit, the Secretary shall take into 
     consideration the expertise and facilities of the permit 
     applicant and, consistent with the conservation of the 
     affected species, maximize the efficiency of the permitting 
     process.''.
       (m) Habitat Conservation Insurance Program.--Section 10 (16 
     U.S.C. 1539) (as amended by subsection (g)) is amended by 
     adding at the end the following:
       ``(n) Habitat Conservation Insurance Program.--
       ``(1) Establishment.--There is established a Habitat 
     Conservation Insurance Program.
       ``(2) Use.--The Program shall be used to pay the cost of 
     additional mitigation measures not otherwise required under 
     an existing conservation plan under subsection (a) or a 
     candidate conservation agreement under subsection (k) to 
     minimize or mitigate adverse effects to a species covered by 
     the plan or agreement, to the extent that the adverse effects 
     were not anticipated and addressed at the time the plan or 
     agreement was approved by the Secretary.
       ``(3) Grants.--In carrying out the Program, the Secretary 
     may make grants to any person who is a party to a 
     conservation plan under subsection (a) or a candidate 
     conservation agreement under subsection (k).''.

     SEC. __06. ENFORCEMENT.

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

     SEC. __07. EDUCATION AND TECHNICAL ASSISTANCE.

       (a) In General.--Section 13 is amended to read as follows:


  ``private property owners education and technical assistance program

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

``Sec. 13. Private property owners education and technical assistance 
              program.''.

       (c) Effect on Prior Amendments.--Nothing in this section or 
     the amendments made by this section affects the amendments 
     made by section 13 of the Endangered Species Act of 1973 (87 
     Stat. 902), as in effect on the day before the date of 
     enactment of this Act.

     SEC. __08. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Section 15(a) (16 U.S.C. 1542(a)) is 
     amended--
       (1) in paragraph (1), by striking ``and $41,500,000 for 
     fiscal year 1992'' and inserting ``$41,500,000 for fiscal 
     year 1992, $90,000,000 for fiscal year 1998, $120,000,000 for 
     fiscal year 1999, $140,000,000 for fiscal year 2000, 
     $160,000,000 for fiscal year 2001, $165,000,000 for fiscal 
     year 2002, and $165,000,000 for fiscal year 2003'';
       (2) in paragraph (2)--
       (A) by striking ``and $6,750,000'' and inserting 
     ``$6,750,000''; and
       (B) by inserting after ``and 1992'' the following: ``, 
     $35,000,000 for fiscal year 1998, $50,000,000 for fiscal year 
     1999, $60,000,000 for fiscal year 2000, $65,000,000 for 
     fiscal year 2001, $65,000,000 for fiscal year 2002, and 
     $70,000,000 for fiscal year 2003''; and
       (3) in paragraph (3)--
       (A) by striking ``and $2,600,000'' and inserting 
     $2,600,000''; and
       (B) by inserting ``, and $4,000,000 for each of fiscal 
     years 1998 through 2003'' after ``and 1992''.
       (b) Exemptions From Act.--Section 15(b) (16 U.S.C. 1542(b)) 
     is amended by inserting ``and $625,000 for each of fiscal 
     years 1998 through 2003'' after ``and 1992''.
       (c) Convention Implementation.--Section 15(c) (16 U.S.C. 
     1542(c)) is amended--
       (1) by striking ``and $500,000'' and inserting 
     ``$500,000,''; and
       (2) by inserting ``and $1,000,000 for each fiscal year 1998 
     through 2003'' after ``and 1992,''.
       (d) Additional Authorizations.--Section 15 (16 U.S.C. 1542) 
     is amended by adding at the end the following:
       ``(d) Financial Assistance for Safe Harbor Agreements.--
     There are authorized to be appropriated to the Secretary of 
     the Interior $10,000,000 and the Secretary of Commerce 
     $5,000,000 for each of fiscal years 1998 through 2003 to 
     carry out section 10(l).
       ``(e) Habitat Conservation Planning Loan Program.--There is 
     authorized to be appropriated $3,000,000 for each fiscal year 
     for the cost of loans under the Habitat Conservation Planning 
     Loan Program established by section 10(a)(7) to assist in the 
     development of conservation plans.
       ``(f) Financial Assistance for Recovery Plan 
     Implementation.--There are authorized to be appropriated to 
     the Secretary of the Interior $30,000,000 and the Secretary 
     of Commerce $15,000,000 for each of the fiscal years 1998 
     through 2003 to carry out section 5(l)(4).
       ``(g) Habitat Conservation Insurance Program.--
       ``(1) In general.--Of the amounts appropriated for a fiscal 
     year under subsections (d) and (f) and section 10(m)(5), five 
     percent shall be available for the Habitat Conservation 
     Insurance Program established under section 10(n).
       ``(2) Limitation.--If, at the end of any fiscal year, the 
     balance allocated for the Habitat Conservation Insurance 
     Program exceeds $15,000,000, paragraph (1) shall not apply 
     during the subsequent fiscal year.
       ``(h) Availability.--Amounts made available under this 
     section shall remain available until expended.
       ``(i) Limitation on Use of Funds.--Of the funds made 
     available to carry out section 5 for any fiscal year, not 
     less than $32,000,000 shall be available to the Secretary of 
     the Interior and not less than $13,500,000 to the Secretary 
     of Commerce to implement actions to recover listed species. 
     Of the funds made available to the Secretary of the Interior 
     and the Secretary of Commerce in each fiscal year to list 
     species, the Secretary of the Interior and the Secretary of 
     Commerce shall use not less than ten percent of those funds 
     in each fiscal year for delisting species. If any of the 
     funds made available by the previous sentence are not needed 
     in that fiscal year for delisting eligible species, those 
     funds shall be available for listing.
       ``(j) Accounting and Strategic Management Plan.--Not later 
     than November 30,

[[Page S10996]]

     1998, the Secretary of the Interior and the Secretary of 
     Commerce shall each submit to the Committee on Environment 
     and Public Works of the Senate and the Committee on Resources 
     of the House of Representatives--
       ``(1) an accounting for fiscal year 1998 of funds expended 
     by the Department of the Interior and the Department of 
     Commerce, respectively, to carry out the Department's 
     functions and responsibilities under this Act; and
       ``(2) a management plan describing the projected future 
     uses by the respective Department of authorized funds for 
     fiscal years 1999 through 2003.''.
       (e) Assistance to States for Conservation Activities.--
     Section 6(i) (16 U.S.C. 1535(i)) is amended by adding at the 
     end the following:
       ``(3) Assistance to states for conservation activities.--
     There are authorized to be appropriated to the Secretary such 
     sums as are necessary for each of fiscal years 1998 through 
     2003 to provide financial assistance to State agencies to 
     carry out conservation activities under other sections of 
     this Act, including the provision of technical assistance for 
     the development and implementation of recovery plans.''.

     SEC. __09. OTHER AMENDMENTS.

       (a) Definitions.--
       (1) Candidate species.--Subsection (a) of section 3 (16 
     U.S.C. 1532) (as amended by section __02(a)(2)) is amended by 
     redesignating paragraphs (2) through (10) as paragraphs (3) 
     through (11), respectively, and inserting the following after 
     paragraph (1):
       ``(2) Candidate species.--The term `candidate species' 
     means a species for which the Secretary has on file 
     sufficient information on biological vulnerability and 
     threats to support a proposal to list the species as an 
     endangered species or a threatened species, but for which 
     listing is precluded because of pending proposals to list 
     species that are of a higher priority. This paragraph shall 
     not apply to any species defined as a candidate species by 
     the Secretary of Commerce prior to the date of enactment of 
     this sentence.''.
       (2) In cooperation with the states.--Subsection (a) of 
     section 3 (16 U.S.C. 1532) (as amended by sections __02(a)(2) 
     and __04(a)(1) and this subsection) is amended by inserting 
     the following after the paragraph defining the term 
     ``import'' and redesignating the subsequent paragraphs 
     accordingly:
       ``(12) In cooperation with the states.--The term `in 
     cooperation with the States' means a process under which--
       ``(A) the State agency in each of the affected States, or 
     the representative of the State agency, is given an 
     opportunity to participate in a meaningful and timely manner 
     in the development of the standards, guidelines, and 
     regulations to implement the applicable provisions of this 
     Act; and
       ``(B) the Secretary carefully considers all substantive 
     concerns raised by the State agency, or the representative of 
     the State agency, and, to the maximum extent practicable 
     consistent with this Act, incorporates their suggestions and 
     recommendations, while retaining final decision making 
     authority.''.
       (3) Rural area.--Subsection (a) of section 3 (16 U.S.C. 
     1532) (as amended by sections __02(a)(2) and __04(a)(1) and 
     this subsection) is amended by inserting the following after 
     the paragraph defining the term ``reasonable and prudent 
     alternatives'' and redesignating the subsequent paragraphs 
     accordingly:
       ``(17) Rural area.--The term `rural area' means a county or 
     unincorporated area that has no city or town that has a 
     population of more than 10,000 inhabitants.''.
       (4) Commonwealth of the northern mariana islands.--
     Subsection (a)(20) of section 3 (16 U.S.C. 1532) (as amended 
     by sections __02(a)(2) and __04(a)(1) and this subsection) is 
     amended by striking ``Trust Territories of the Pacific 
     Islands'' and inserting ``Commonwealth of the Northern 
     Mariana Islands''.
       (5) Territorial sea.--Subsection (a) of section 3 (16 
     U.S.C. 1532) (as amended by sections __02(a)(2) and 
     __04(a)(1) and this subsection) is amended by inserting the 
     following after the paragraph defining the term ``take'' and 
     redesignating the subsequent paragraphs accordingly:
       ``(23) Territorial sea.--The term `territorial sea' means 
     the 12-nautical-mile maritime zone set forth in Presidential 
     Proclamation 5928, dated December 27, 1988.''.
       (b) Findings, Purposes, and Policy.--
       (1) Commercial value.--Section 2(a)(3) (16 U.S.C. 
     1531(a)(3)) is amended by inserting ``commercial,'' after 
     ``recreational,''.
       (2) Agency coordination.--Section 2(c) (16 U.S.C. 1531(c)) 
     is amended by adding at the end the following:
       ``(3) Agency coordination.--Federal agencies are encouraged 
     to coordinate and collaborate to further the conservation of 
     endangered species and threatened species.''.
       (c) No Taking Agreements.--Section 9 (16 U.S.C. 1538) is 
     amended by adding at the end the following:
       ``(h) No Taking Agreements.--The Secretary and a non-
     Federal property owner may, at the request of the property 
     owner, enter into an agreement identifying activities of the 
     property owner that, based on a determination of the 
     Secretary, will not result in a violation of the prohibitions 
     of paragraphs (1)(B), (1)(C), and (2)(B) of subsection (a). 
     The Secretary shall respond to a request for an agreement 
     submitted by a property owner within 90 days after receipt. 
     Nothing in this subsection prevents the Secretary, the 
     Attorney General, or any other person from commencing an 
     enforcement action under section 11.''.
       (d) Conforming Amendments.--
       (1) Section heading.--The section heading of section 10 (16 
     U.S.C. 1539) is amended to read as follows:


               ``conservation measures and exceptions''.

       (2) Table of contents.--The table of contents in the first 
     section (16 U.S.C. prec. 1531) is amended with respect to the 
     item relating to section 10 to read as follows:

``Sec. 10. Conservation measures and exceptions.''.
                                 ______
                                 

                 ROCKEFELLER AMENDMENTS NOS. 3650-3651

  (Ordered to lie on the table.)
  Mr. ROCKEFELLER submitted two amendments intended to be proposed by 
him to the bill, S. 2176, supra; as follows:

                           Amendment No. 3650

       On page 2, line 15, after ``resigns,'' add the following: 
     ``whose term expires,'' and
       On page 3, after line 4, add:
       ``(3) notwithstanding paragraph (1), an officer who is 
     nominated by the President for reappointment for an 
     additional term to the same office without a break in 
     service, may continue to serve in that office subject to the 
     time limitations in Section 3346, until such time as the 
     Senate has acted to confirm or reject the nomination, 
     notwithstanding adjournment sine die.''
                                  ____


                           Amendment No. 3651

       On page 2, line 15, after ``resigns,'' add the following 
     ``whose term expires,'' and
       On page 3, after line 4, add:
       ``(3) notwithstanding paragraph (1), an officer who is 
     nominated by the President for reappointment for an 
     additional term to the same office without a break in 
     service, may continue to serve in that office subject to the 
     time limitations in Section 3346, until such time as the 
     Senate has acted to confirm or reject the nomination, 
     notwithstanding adjournment sine die.''
                                 ______
                                 

                       DASCHLE AMENDMENT NO. 3652

  (Ordered to lie on the table.)
  Mr. DASCHLE submitted an amendment intended to be proposed by him to 
the bill, S. 2176, supra; as follows:

       On page 4, add after line 24 the following:
       ``(d)(1) If the President certifies that the vacant 
     position involves critical duties pertaining to national 
     security, criminal law enforcement, public health and safety, 
     or stability of financial markets, the acting officer may 
     serve an additional 150 days after the date of the 
     certification, or until such later time as provided under 
     this section.
       ``(2) The President shall submit the certification under 
     paragraph (1) to each House of Congress.
                                 ______
                                 

                      THOMPSON AMENDMENT NO. 3653

  (Ordered to lie on the table.)
  Mr. THOMPSON submitted an amendment intended to be proposed by him to 
the bill, S. 2176, supra; as follows:

       On page 2, line 18, insert ``to the office'' after ``first 
     assistant''.
       On page 2, line 20, insert ``until the inability stops'' 
     after ``capacity''.
       On page 3, line 3, insert ``until the inability stops'' 
     after ``capacity''.
       On page 3, line 5, strike ``3346(a)(2)'' and insert 
     ``3345(a)(1)''.
       On page 3, line 5, insert ``(1)'' after ``(b)''.
       On page 3, strike lines 8 through 14 and insert the 
     following:
       ``(A) during the 365-day period preceding the date of the 
     death, resignation, or beginning of inability to serve, such 
     person did not serve in the position of first assistant to 
     the office of such officer or served in the position of first 
     assistant to the office of such officer for less than 90 
     days; and
       On page 3, line 15, strike ``(3)'' and insert ``(B)''.
       On page 3, strike lines 18 through 20 and insert the 
     following:
       ``(2) Paragraph (1) shall not apply to any person if--
       ``(A) such person is serving as the first assistant to the 
     office of an officer described under subsection (a);
       ``(B) the office of such first assistant is an office for 
     which appointment is required to be made by the President, by 
     and with the advice and consent of the Senate; and
       ``(C) the Senate has approved the appointment of such 
     person to such office.
       On page 4, line 12, strike ``in the case of a rejection or 
     withdrawal''.
       On page 5, line 1, strike ``Application'' and insert 
     ``Exclusivity''.
       On page 5, line 2, strike ``applicable to'' and insert 
     ``the exclusive means for temporarily authorizing an acting 
     official to perform the functions and duties of ''.
       On page 5, strike lines 8 through 10.
       On page 5, line 17, strike ``(2)'' and insert ``(1)''.
       On page 5, lines 17, 18, and 19, strike ``in effect on the 
     date of enactment of the Federal Vacancies Reform Act of 
     1998''.
       On page 6, line 4, strike ``(3)'' and insert ``(2)''.
       On page 6, line 11, insert ``statutorily vested in that 
     agency head'' after ``duties''.

[[Page S10997]]

       On page 7, line 8, strike all beginning with the comma 
     through line 15 and insert a period.
       On page 7, strike lines 16 through 23 and insert the 
     following:
       ``(b) Unless an officer or employee is performing the 
     functions and duties in accordance with sections 3345, 3346, 
     and 3347, if an officer of an Executive agency (including the 
     Executive Office of the President, and other than the General 
     Accounting Office) whose appointment to office is required to 
     be made by the President, by and with the consent of the 
     Senate, dies, resigns, or is otherwise unable to perform the 
     functions and duties of the office--
       ``(1) the office shall remain vacant; and
       On page 7, line 24, strike ``(B)'' and insert ``(2)''.
       On page 8, line 4, strike the comma and insert a period.
       On page 8, strike line 5 through line 11 on page 9.
       On page 9, line 14, strike ``first'' and insert ``second''.
       On page 9, strike line 17 through line 2 on page 10 and 
     insert the following:
       ``(d)(1) An action taken by any person who is not acting 
     under section 3345, 3346, or 3347, or as provided by 
     subsection (b), of any function or duty of a vacant office to 
     which this section and sections 3346, 3347, 3349, 3349a, 
     3349b, and 3349c apply shall have no force or effect.
       On page 10, line 5, strike ``(d)'' and insert ``(e)''.
       On page 10, line 9, strike ``or''.
       On page 10, line 12, strike the period and insert a 
     semicolon.
       On page 10, insert between lines 12 and 13 the following:
       ``(4) any Chief Financial Officer appointed by the 
     President, by and with the advice and consent of the Senate; 
     or
       ``(5) an office of an Executive agency (including the 
     Executive Office of the President, and other than the General 
     Accounting Office) if a statutory provision expressly 
     prohibits the head of the Executive agency from performing 
     the functions and duties of such office.
       On page 10, line 19, insert ``in an office to which this 
     section and sections 3346, 3347, 3348, 3349a, 3349b, and 
     3349c apply'' after ``vacancy''.
       On page 11, line 11, insert ``or section 3349a'' after 
     ``3346''.
       On page 12, line 21, beginning with ``relating'' strike all 
     through line 24.
       On page 12, line 25, strike ``sections'' and insert `` 
     `Sections''.
       On page 13, line 15, strike ``or'' after the semicolon.
       On page 13, line 17, strike all after ``Commission'' and 
     insert a semicolon and ``or''.
       On page 13, insert between lines 17 and 18 the following:
       ``(3) any judge appointed by the President, by and with the 
     advice and consent of the Senate, to a court constituted 
     under article I of the United States Constitution.''.
       On page 14, before line 1, strike the item relating to 
     section 3347 and insert the following:

``3347. Exclusivity.
                                 ______
                                 

                    GLENN AMENDMENTS NOS. 3654-3656

  (Ordered to lie on the table.)
  Mr. DASCHLE (for Mr. Glenn) submitted three amendments intended to be 
proposed by him to the bill, S. 2176, supra; as follows:

                           Amendment No. 3654

       On page 4, insert after line 24 the following:
       ``(d)(1) Notwithstanding any provision of this section, the 
     President may extend any time limitation under this section 
     by no more than 90 days if the President submits a written 
     certification to Congress, on or before the last day of the 
     period subject to such time limitation, that such extension 
     is necessary and in the national interest based on national 
     security, public health and safety, natural disaster, or 
     economic emergency.
       ``(2) The President may exercise no more than 1 extension 
     under paragraph (1) with respect to any vacancy.
                                  ____


                           Amendment No. 3655

       On page 3, line 14, strike ``180'' and insert ``45''.
                                  ____


                           Amendment No. 3656

       On page 3, strike line 4 and insert the following:
     section 3346; or
       ``(3) notwithstanding paragraph (1), the President (and 
     only the President) may direct an officer or employee of such 
     Executive agency to perform the functions and duties of the 
     office temporarily in an acting capacity, subject to the time 
     limitations of section 3346, if--
       ``(A) during the 365-day period preceding the date of 
     death, resignation, or beginning of inability to serve of the 
     applicable officer, the officer or employee served in a 
     position in such agency for not less than 180 days; and
       ``(B) the rate of pay for the position described under 
     subparagraph (A) is equal to or greater than the minimum rate 
     of pay payable for a position at GS-15 of the General 
     Schedule.
                                 ______
                                 

                    DURBIN AMENDMENTS NOS. 3657-3659

  (Ordered to lie on the table.)
  Mr. DURBIN submitted three amendments intended to be proposed by him 
to the bill, S. 2176, supra; as follows:

                           Amendment No. 3657

       On page 3, line 24, strike ``150'' and insert ``210''.
                                  ____


                           Amendment No. 3658

       On page 13, insert between lines 17 and 18 the following:

     ``Sec. 3349d. Nominations reported to Senate

       ``Any nomination submitted to the Senate that is pending 
     before a committee of the Senate for more than 150 calendar 
     days, shall on the day following such 150th calendar day be 
     discharged from such committee, placed on the Senate 
     executive calendar, and be deemed as reported favorably by 
     such committee.''.
                                  ____


                           Amendment No. 3659

       On page 13, insert between lines 17 and 18 the following:

     ``Sec. 3349d. Consideration of nomination in Senate

       ``(a) Any nomination remaining on the Senate executive 
     calendar for 150 calendar days shall be considered for a vote 
     by the Senate in executive session within the next 5 calendar 
     days following such 150th day in which the Senate is in 
     session.
       ``(b) The Senate may waive subsection (a) by unanimous 
     consent.''.
                                 ______
                                 

                CHAFEE (AND MOYNIHAN) AMENDMENT NO. 3660

  (Ordered to lie on the table.)
  Mr. CHAFEE (for himself and Mr. Moynihan) submitted an amendment 
intended to be proposed by them to the bill, S. 2176, supra; as 
follows:

       At the appropriate place in the bill insert the following 
     new section:

     SEC.__. CASH REIMBURSEMENT TO FEDERAL EMPLOYEES FOR PARKING 
                   SPACES.

       Section 7905(b)(2) of title 5, United States Code, is 
     amended--
       (1) in subparagraph (B) by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (C) by striking the period and 
     inserting a semicolon and ``and''; and
       (3) by adding at the end the following:
       ``(D) taxable cash reimbursement to an employee for the 
     value of an employee parking space.''.
                                 ______
                                 

                    LEAHY AMENDMENTS NOS. 3661-3664

  (Ordered to lie on the table.)
  Mr. LEAHY submitted four amendments intended to be proposed by him to 
the bill, S. 2176, supra; as follows:

                           Amendment No. 3661

       At the appropriate place, insert the following:

     SEC. __. RESPONSIBILITY OF THE SENATE DURING A JUDICIAL 
                   EMERGENCY.

       Section 46 of title 28, United States Code, is amended by 
     adding at the end the following:
       ``(e) Action by Senate Required.--The Senate shall not 
     recess during a session for more than 9 days without first 
     voting on a judicial nomination in any case in which--
       ``(1) the nomination to fill the judiciary vacancy in the 
     affected circuit or district court has been pending before 
     the Senate for a period of 60 days or longer; and
       ``(2) a judicial emergency is declared by the 
     Administrative Office of the United States Courts.''.
                                  ____


                           Amendment No. 3662

       At the appropriate place, insert the following:

     SEC. __. BILL LAN LEE NOMINATION.

       (a) Discharge.--The Bill Lan Lee nomination as Assistant 
     Attorney General for the Civil Rights Division is discharged 
     from the Committee on the Judiciary.
       (b) Point of Order.-- It shall not be in order in the 
     Senate to vote on the adjournment of the 105th Congress 
     unless the Senate has voted on Bill Lan Lee nomination as 
     Assistant Attorney General for the Civil Rights Division.
                                  ____


                           Amendment No. 3663

       At the appropriate place, insert the following:

     SEC. __. RESPONSIBILITY OF THE SENATE DURING A JUDICIAL 
                   EMERGENCY.

       Section 46 of title 28, United States Code, is amended by 
     adding at the end the following:
       ``(e) Action by Senate Required.--The Senate shall not 
     recess during a session for more than 9 days without first 
     voting on a judicial nomination in any case in which--
       ``(1) the nomination to fill the judiciary vacancy in the 
     affected circuit court has been pending before the Senate for 
     a period of 60 days or longer; and
       ``(2) a judicial emergency is declared pursuant to 
     subsection (b) due to vacancies on the affected circuit 
     court.''.
                                  ____


                           Amendment No. 3664

       At the appropriate place, insert the following:

     SEC. __. CIRCUIT JUDGES FOR THE CIRCUIT COURT OF APPEALS.

       (a) In General.--The President shall appoint, by and with 
     the advice and consent of the Senate--

[[Page S10998]]

       (1) 1 additional circuit judge for the first circuit court 
     of appeals;
       (2) 2 additional circuit judges for the second circuit 
     court of appeals;
       (3) 1 additional circuit judge for the fifth circuit court 
     of appeals;
       (4) 2 additional circuit judges for the sixth circuit court 
     of appeals; and
       (5) 6 additional circuit judges for the ninth circuit court 
     of appeals.
       (b) Temporary Judgeships.--The President shall appoint, by 
     and with the advice and consent of the Senate--
       (1) 2 additional circuit judges for the sixth circuit court 
     of appeals; and
       (2) 3 additional circuit judges for the ninth circuit court 
     of appeals.

     The first vacancy in the office of circuit judge in each of 
     the circuits named in this section, occurring 7 years or more 
     after the confirmation date of the judge named to fill a 
     temporary judgeship created by this subsection, shall not be 
     filled.
       (c) Tables.--In order that the table contained in section 
     44 of title 28, United States Code, will, with respect to 
     each judicial circuit, reflect the changes in the total 
     number of permanent circuit judgeships authorized as a result 
     of subsection (a) of this section, such table is amended to 
     read as follows:

``Circuits                                             Number of Judges
  District of Columbia..........................................12 ....

  First..........................................................7 ....

  Second........................................................15 ....

  Third.........................................................14 ....

  Fourth........................................................15 ....

  Fifth.........................................................18 ....

  Sixth.........................................................18 ....

  Seventh.......................................................11 ....

  Eighth........................................................11 ....

  Ninth.........................................................34 ....

  Tenth.........................................................12 ....

  Eleventh......................................................12 ....

  Federal....................................................12.''.....

     SEC. __. DISTRICT JUDGES FOR THE DISTRICT COURTS.

       (a) In General.--The President shall appoint, by and with 
     the advice and consent of the Senate--
       (1) 1 additional district judge for the middle district of 
     Alabama;
       (2) 2 additional district judges for the district of 
     Arizona;
       (3) 1 additional district judge for the eastern district of 
     California;
       (4) 2 additional district judges for the southern district 
     of California;
       (5) 1 additional district judge for the district of 
     Colorado;
       (6) 3 additional district judges for the middle district of 
     Florida;
       (7) 2 additional district judges for the southern district 
     of Florida;
       (8) 2 additional district judges for the district of 
     Nevada;
       (9) 1 additional district judge for the district of New 
     Mexico;
       (10) 3 additional district judges for the eastern district 
     of New York;
       (11) 2 additional district judges for the western district 
     of North Carolina;
       (12) 1 additional district judge for the district of 
     Oregon;
       (13) 1 additional district judge for the northern district 
     of Texas;
       (14) 1 additional district judge for the southern district 
     of Texas; and
       (15) 1 additional district judge for the eastern district 
     of Virginia.
       (b) Temporary Judgeships.--The President shall appoint, by 
     and with the advice and consent of the Senate--
       (1) 1 additional district judge for the eastern district of 
     California;
       (2) 1 additional district judge for the district of 
     Colorado;
       (3) 1 additional district judge for the middle district of 
     Florida;
       (4) 1 additional district judge for the southern district 
     of Indiana;
       (5) 1 additional district judge for the eastern district of 
     Kentucky;
       (6) 1 additional district judge for the middle district of 
     Louisiana;
       (7) 1 additional district judge for the district of New 
     Mexico;
       (8) 1 additional district judge for the northern district 
     of New York;
       (9) 1 additional district judge for the western district of 
     New York;
       (10) 1 additional district judge for the district of South 
     Carolina;
       (11) 1 additional district judge for the eastern district 
     of Tennessee; and
       (12) 1 additional district judge for the western district 
     of Washington.

     The first vacancy in the office of district judge in each of 
     the judicial districts named in this subsection, occurring 7 
     years or more after the confirmation date of the judge named 
     to fill a temporary judgeship created by this subsection, 
     shall not be filled.
       (c) Tables.--In order that the table contained in section 
     133 of title 28, United States Code, will, with respect to 
     each judicial district, reflect the changes in the total 
     number of permanent district judgeships authorized as a 
     result of subsection (a) of this section, such table is 
     amended to read as follows:

``Districts                                                      Judges
Alabama:
    Northern.....................................................7 ....

    Middle.......................................................4 ....

    Southern.....................................................3 ....

Alaska...........................................................3 ....

Arizona.........................................................10 ....

Arkansas:
    Eastern......................................................5 ....

    Western......................................................3 ....

California:
    Northern....................................................14 ....

    Eastern......................................................7 ....

    Central.....................................................27 ....

    Southern....................................................10 ....

Colorado.........................................................8 ....

Connecticut......................................................8 ....

Delaware.........................................................4 ....

District of Columbia............................................15 ....

Florida:

    Northern.....................................................4 ....

    Middle......................................................14 ....

    Southern....................................................18 ....

Georgia:

    Northern....................................................11 ....

    Middle.......................................................4 ....

    Southern.....................................................3 ....

Hawaii...........................................................3 ....

Idaho............................................................2 ....

Illinois:

    Northern....................................................22 ....

    Central......................................................3 ....

    Southern.....................................................3 ....

Indiana:

    Northern.....................................................5 ....

    Southern.....................................................5 ....

Iowa:

    Northern.....................................................2 ....

    Southern.....................................................3 ....

Kansas...........................................................5 ....

Kentucky:

    Eastern......................................................4 ....

    Western......................................................4 ....

    Eastern and Western..........................................1 ....

Louisiana:

    Eastern.....................................................13 ....

    Middle.......................................................2 ....

    Western......................................................7 ....

Maine............................................................3 ....

Maryland........................................................10 ....

Massachusetts...................................................13 ....

Michigan:

    Eastern.....................................................15 ....

    Western......................................................4 ....

Minnesota........................................................7 ....

Mississippi:

    Northern.....................................................3 ....

    Southern.....................................................6 ....

Missouri:

    Eastern......................................................6 ....

    Western......................................................5 ....

    Eastern and Western..........................................2 ....

Montana..........................................................3 ....

Nebraska.........................................................3 ....

Nevada...........................................................6 ....

New Hampshire....................................................3 ....

New Jersey......................................................17 ....

New Mexico.......................................................6 ....

New York:

    Northern.....................................................4 ....

    Southern....................................................28 ....

    Eastern.....................................................18 ....

    Western......................................................4 ....

North Carolina:

    Eastern......................................................4 ....

    Middle.......................................................4 ....

    Western......................................................5 ....

North Dakota.....................................................2 ....

Ohio:

    Northern....................................................11 ....

    Southern.....................................................8 ....

Oklahoma:

    Northern.....................................................3 ....

    Eastern......................................................1 ....

    Western......................................................6 ....

    Northern, Eastern, and Western...............................1 ....

Oregon...........................................................7 ....

Pennsylvania:

    Eastern.....................................................22 ....

    Middle.......................................................6 ....

    Western.....................................................10 ....

Puerto Rico......................................................7 ....

Rhode Island.....................................................3 ....

South Carolina...................................................9 ....

South Dakota.....................................................3 ....

Tennessee:

    Eastern......................................................5 ....

    Middle.......................................................4 ....

    Western......................................................5 ....

Texas:

    Northern....................................................13 ....

    Southern....................................................19 ....

    Eastern......................................................7 ....

    Western.....................................................10 ....

Utah.............................................................5 ....

Vermont..........................................................2 ....

Virginia:

    Eastern.....................................................10 ....

    Western......................................................4 ....

Washington:

    Eastern......................................................4 ....

    Western......................................................7 ....

West Virginia:

    Northern.....................................................3 ....

    Southern.....................................................5 ....

Wisconsin:

    Eastern......................................................4 ....

    Western......................................................2 ....

Wyoming.......................................................3.''.....

     SEC. __. ARTICLE III STATUS FOR THE JUDGESHIP AUTHORIZED FOR 
                   THE COMMONWEALTH OF THE NORTHERN MARIANA 
                   ISLANDS.

       (a) Composition of Ninth Circuit.--Section 41 of title 28, 
     United States Code, is amended in the matter relating to the 
     ninth circuit by inserting ``, Northern Mariana Islands'' 
     after ``Hawaii''.
       (b) Establishment of Judicial District.--
       (1) In general.--Chapter 5 of title 28, United States Code, 
     is amended by inserting after section 114 the following 
     new section:

     ``Sec. 114A. Northern Mariana Islands

       ``The Northern Mariana Islands constitute 1 judicial 
     district. Court shall be held at Saipan.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 5 of title 28, United States Code, is 
     amended by inserting after the item relating to section 114 
     the following:

``114A. Northern Mariana Islands.''.

[[Page S10999]]

       (c) District Judge.--Section 133(a) of title 28, United 
     States Code, is amended by inserting after the item relating 
     to North Dakota the following:

``Northern Mariana Islands.....................................1''.....

       (d) Bankruptcy Judge.--Section 152(a) of title 28, United 
     States Code, is amended--
       (1) in paragraph (2) by inserting after the item relating 
     to North Dakota the following:

``Northern Mariana Islands.....................................0'';....

     and

       (2) in paragraph (4) in the first sentence by inserting 
     ``and the Commonwealth of the Northern Mariana Islands'' 
     after ``territories''.
       (e) Assignment of Judges.--
       (1) In general.--Chapter 13 of title 28, United States 
     Code, is amended by adding after section 297 the following:

     ``Sec. 298. Assignment to the United States District Court 
       for the Northern Mariana Islands

       ``In addition to the judges authorized to be designated by 
     sections 291 and 292, the Chief Judge of the United States 
     Court of Appeals for the Ninth Circuit may assign judges of 
     courts of record of the Northern Mariana Islands or Guam, 
     including a judge of the District Court of Guam who is 
     appointed by the President or a recalled senior judge of the 
     District Court of Guam, to serve temporarily as a judge in 
     the United States District Court for the Northern Mariana 
     Islands whenever such an assignment is necessary for the 
     proper dispatch of the business of the court. Such designated 
     judges shall have the powers of a magistrate judge under 
     section 636.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 13 of title 28, United States Code, is 
     amended by adding after the item relating to section 297 the 
     following:

``298. Assignment to the United States District Court for the Northern 
              Mariana Islands.''.
       (f) Judicial Conferences of Circuits.--Section 333 of title 
     28, United States Code, is amended in the third sentence of 
     the first undesignated paragraph by striking ``the District 
     Court of the Virgin Islands, and the District Court of the 
     Northern Mariana Islands'' and inserting ``and the District 
     Court of the Virgin Islands''.
       (g) Judge in Territories and Possessions.--Section 373 of 
     title 28, United States Code, is amended--
       (1) in subsection (a) by striking ``the District Court of 
     the Northern Mariana Islands,''; and
       (2) in subsection (e) by striking ``the District Court of 
     the Northern Mariana Islands,''.
       (h) Annuities for Survivors of Certain Judicial Officials 
     of the United States.--Section 376(a) of title 28, United 
     States Code, is amended--
       (1) in paragraph (1)(B) by striking ``, the District Court 
     of the Northern Mariana Islands,''; and
       (2) in paragraph (2)(B) by striking ``, the District Court 
     of the Northern Mariana Islands,''.
       (i) Savings Provisions.--The amendments made by subsections 
     (a) through (h) of this section shall not affect the rights 
     of any judge who may have retired before the effective date 
     of this section. Service as a judge of the District Court of 
     the Northern Mariana Islands shall be included in computing 
     under sections 371, 372, 373, and 376 of title 28, United 
     States Code, the aggregate years of judicial service of any 
     person who is in office as a district judge for the District 
     of the Northern Mariana Islands on the effective date of this 
     section. The term of office of any such judge shall terminate 
     upon a vacancy in the office by expiration of the term or 
     otherwise. Upon such termination, the President shall 
     appoint, by and with the advice and consent of the Senate, a 
     judge for the district who shall hold office during good 
     behavior.
       (j) United States Attorney.--Section 541 of title 28, 
     United States Code, is amended--
       (1) in subsection (a) by inserting before the period the 
     following: ``, except that any United States attorney 
     appointed for the Northern Mariana Islands may at the same 
     time serve as United States attorney in another judicial 
     district''; and
       (2) by redesignating subsection (c) as subsection (d) and 
     inserting after subsection (b) the following:
       ``(c) If the President appoints a United States attorney 
     for the Northern Mariana Islands who at that time is serving 
     in the same capacity in another district, the appointment 
     shall, without prejudice to a subsequent appointment, be for 
     the unexpired term of such United States attorney.''.
       (k) United States Marshals Service.--Section 561(d) of 
     title 28, United States Code, is amended by adding after the 
     second sentence the following: ``If the President appoints a 
     marshal for the Northern Mariana Islands who at that time is 
     serving in the same capacity in another district, the 
     appointment shall, without prejudice to a subsequent 
     appointment, be for the unexpired term of such marshal.''.
       (l) United States Magistrates.--Section 631(b)(1) of title 
     28, United States Code, is amended by inserting ``the 
     Commonwealth of the Northern Mariana Islands,'' after 
     ``Puerto Rico,''.
       (m) Interlocutory Decisions.--Section 1292(d)(4)(A) of 
     title 28, United States Code, is amended by striking ``, the 
     District Court of the Virgin Islands, or the District Court 
     for the Northern Mariana Islands,'' and inserting ``, or the 
     District Court of the Virgin Islands,''.
       (n) Jurisdiction of the United States Court of Appeals for 
     the Federal Circuit.--Section 1295(a) of title 28, United 
     States Code, is amended--
       (1) in paragraph (1) by striking ``, the District Court of 
     the Virgin Islands, or the District Court for the Northern 
     Mariana Islands,'' and inserting ``, or the District Court of 
     the Virgin Islands,''; and
       (2) in paragraph (2) by striking ``, the District Court of 
     the Virgin Islands, or the District Court for the Northern 
     Mariana Islands,'' and inserting ``, or the District Court of 
     the Virgin Islands,''.
       (o) Diversity Jurisdiction.--Section 1332(d) of title 28, 
     United States Code, is amended by striking ``, and the 
     Commonwealth of Puerto Rico'' and inserting ``, the 
     Commonwealth of Puerto Rico, and the Commonwealth of the 
     Northern Mariana Islands''.
       (p) Civil Commitment and Rehabilitation of Narcotics 
     Addicts.--Section 2901(e) of title 28, United States Code, is 
     amended by striking ``or the Commonwealth of Puerto Rico,'' 
     and inserting ``the Commonwealth of Puerto Rico, or the 
     Commonwealth of the Northern Mariana Islands,''.
       (q) Northern Mariana Islands Judicial Provisions.--The Act 
     of November 8, 1977 (Public Law 95-157; 91 Stat. 1265) is 
     amended--
       (1) in section 4(a) (48 U.S.C. 1824(a))--
       (A) by striking ``(a)'';
       (B) by striking all beginning with ``, unless those cases 
     are reviewable in the District Court for the Northern Mariana 
     Islands'' through the period and inserting a period; and
       (C) by striking subsection (b); and
       (2) by striking--
       (A) the first section (48 U.S.C. 1821);
       (B) section 2 (48 U.S.C. 1822);
       (C) section 3 (48 U.S.C. 1823);
       (D) section 5 (48 U.S.C. 1825); and
       (E) section 6 (48 U.S.C. 1826).
       (r) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     the provisions of this section, including such sums as may be 
     necessary to provide appropriate space and facilities for the 
     judicial positions created by this section.

                          ____________________