[Congressional Record (Bound Edition), Volume 151 (2005), Part 16]
[House]
[Pages 21180-21189]
[From the U.S. Government Publishing Office, www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

          Amendment in the Nature of a Substitute to H.R. 3824

                         Offered By: Mr. Pombo

       Amendment No. 1: Strike all after enacting clause and 
     insert the following new text:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Threatened 
     and Endangered Species Recovery Act of 2005''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment references.
Sec. 3. Definitions.
Sec. 4. Determinations of endangered species and threatened species.
Sec. 5. Repeal of critical habitat requirements.
Sec. 6. Petitions and procedures for determinations and revisions.
Sec. 7. Reviews of listings and determinations.
Sec. 8. Secretarial guidelines; State comments.
Sec. 9. Recovery plans and land acquisitions.
Sec. 10. Cooperation with States and Indian tribes.
Sec. 11. Interagency cooperation and consultation.

[[Page 21181]]

Sec. 12. Exceptions to prohibitions.
Sec. 13. Private property conservation.
Sec. 14. Public accessibility and accountability.
Sec. 15. Annual cost analyses.
Sec. 16. Reimbursement for depredation of livestock by reintroduced 
              species.
Sec. 17. Authorization of appropriations.
Sec. 18. Miscellaneous technical corrections.
Sec. 19. Clerical amendment to table of contents.
Sec. 20. Certain actions deemed in compliance.

     SEC. 2. AMENDMENT REFERENCES.

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

     SEC. 3. DEFINITIONS.

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

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

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


      ``Determination of endangered species and threatened species

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

     SEC. 5. REPEAL OF CRITICAL HABITAT REQUIREMENTS.

       (a) Repeal of Requirement.--Section 4(a) (16 U.S.C. 
     1533(a)) is amended by striking paragraph (3).
       (b) Conforming Amendments.--
       (1) Section 3 (16 U.S.C. 1532), as amended by section 3 of 
     this Act, is further amended by striking paragraph (6) and by 
     redesignating paragraphs (7) through (22) in order as 
     paragraphs (6) through (21).
       (2) Section 4(b) (16 U.S.C. 1533(b)), as otherwise amended 
     by this Act, is further amended by striking paragraph (2), 
     and by redesignating paragraphs (3) through (8) in order as 
     paragraphs (2) through (7), respectively.
       (3) Section 4(b) (16 U.S.C. 1533(b)) is further amended in 
     paragraph (2), as redesignated by paragraph (2) of this 
     subsection, by striking subparagraph (D).
       (4) Section 4(b) (16 U.S.C. 1533(b)) is further amended in 
     paragraph (4), as redesignated by paragraph (2) of this 
     subsection, by striking ``determination, designation, or 
     revision referred to in subsection (a)(1) or (3)'' and 
     inserting ``determination referred to in subsection (a)(1)''.
       (5) Section 4(b) (16 U.S.C. 1533(b)) is further amended in 
     paragraph (7), as redesignated by paragraph (2) of this 
     subsection, by striking ``; and if such regulation'' and all 
     that follows through the end of the sentence and inserting a 
     period.
       (6) Section 4(c)(1) (16 U.S.C. 1533(c)(1)) is amended--
       (A) in the second sentence--
       (i) by inserting ``and'' after ``if any''; and
       (ii) by striking ``, and specify any'' and all that follows 
     through the end of the sentence and inserting a period; and
       (B) in the third sentence by striking ``, designations,''.
       (7) Section 5 (16 U.S.C. 1534), as amended by section 
     9(a)(3) of this Act, is further amended in subsection (j)(2) 
     by striking ``section 4(b)(7)'' and inserting ``section 
     4(b)(6)''.
       (8) Section 6(c) (16 U.S.C. 1535(c)), as amended by section 
     10(1) of this Act, is further amended in paragraph (3) by 
     striking ``section 4(b)(3)(B)(iii)'' each place it appears 
     and inserting ``section 4(b)(2)(B)(iii)''.
       (9) Section 7 (16 U.S.C. 1536) is amended--
       (A) in subsection (a)(2) in the first sentence by striking 
     ``or result in the destruction or adverse modification of any 
     habitat of such species'' and all that follows through the 
     end of the sentence and inserting a period;
       (B) in subsection (a)(4) in the first sentence by striking 
     ``or result'' and all that follows through the end of the 
     sentence and inserting a period; and
       (C) in subsection (b)(3)(A) by striking ``or its critical 
     habitat''.
       (10) Section 10(j)(2)(C)) (16 U.S.C. 1539(j)(2)(C)), as 
     amended by section 12(c) of this Act, is further amended--
       (A) by striking ``that--'' and all that follows through 
     ``(i) solely'' and inserting ``that solely''; and
       (B) by striking ``; and'' and all that follows through the 
     end of the sentence and inserting a period.

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

       (a) Treatment of Petitions.--Section 4(b) (16 U.S.C. 
     1533(b)) is amended in paragraph (2), as redesignated by 
     section 5(b)(2) of this Act, by adding at the end of 
     subparagraph (A) the following: ``The Secretary shall not 
     make a finding that the petition presents substantial 
     scientific or commercial information indicating that the 
     petitioned action may be warranted unless the petitioner 
     provides to the Secretary a copy of all information cited in 
     the petition.''.
       (b) Implementing Regulations.--
       (1) Proposed regulations.--Section 4(b) (16 U.S.C. 1533(b)) 
     is amended--
       (A) in paragraph (4)(A), as redesignated by section 5(b)(2) 
     of this Act--
       (i) in clause (i) by striking ``, and'' and inserting a 
     semicolon;
       (ii) in clause (ii) by striking ``to the State agency in'' 
     and inserting ``to the Governor of, and the State agency 
     in,'';

[[Page 21182]]

       (iii) in clause (ii) by striking ``such agency'' and 
     inserting ``such Governor or agency'';
       (iv) in clause (ii) by inserting ``and'' after the 
     semicolon at the end; and
       (v) by adding at the end the following:
       ``(iii) maintain, and shall make available, a complete 
     record of all information concerning the determination or 
     revision in the possession of the Secretary, on a publicly 
     accessible website on the Internet, including an index to 
     such information.''; and
       (B) by adding at the end the following:
       ``(8)(A) Information maintained and made available under 
     paragraph (5)(A)(iii) shall include any status review, all 
     information cited in such a status review, all information 
     referred to in the proposed regulation and the preamble to 
     the proposed regulation, and all information submitted to the 
     Secretary by third parties.
       ``(B) The Secretary shall withhold from public review under 
     paragraph (5)(A)(iii) any information that may be withheld 
     under 552 of title 5, United States Code.''.
       (2) Final regulations.--Paragraph (5) of section 4(b) (16 
     U.S.C. 1533(b)), as amended by section 5(b)(2) of this Act, 
     is further amended--
       (A) in subparagraph (A) by striking clauses (i) and (ii) 
     and inserting the following:
       ``(i) a final regulation to implement such a determination 
     of whether a species is an endangered species or a threatened 
     species;
       ``(ii) notice that such one-year period is being extended 
     under subparagraph (B)(i); or
       ``(iii) notice that the proposed regulation is being 
     withdrawn under subparagraph (B)(ii), together with the 
     finding on which such withdrawal is based.'';
       (B) in subparagraph (B)(i) by striking ``subparagraph 
     (A)(i)'' and inserting ``subparagraph (A)'';
       (C) in subparagraph (B)(ii) by striking ``subparagraph 
     (A)(i)'' and inserting ``subparagraph (A)''; and
       (D) by striking subparagraph (C).
       (3) Emergency determinations.--Paragraph (6) of section 
     4(b) (16 U.S.C. 1533(b)), as redesignated by section 5(b)(2) 
     of this Act, is further amended--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``with respect to a determination of a species to be an 
     endangered species or a threatened species'' after ``any 
     regulation''; and
       (B) in subparagraph (B), by striking ``the State agency 
     in'' and inserting ``the Governor of, and State agency in,''.

     SEC. 7. REVIEWS OF LISTINGS AND DETERMINATIONS.

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

     SEC. 8. SECRETARIAL GUIDELINES; STATE COMMENTS.

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

     SEC. 9. RECOVERY PLANS AND LAND ACQUISITIONS.

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


                 ``Recovery plans and land acquisition

       ``Sec. 5. (a) Recovery Plans.--The Secretary shall, in 
     accordance with this section, develop and implement a plan 
     (in this subsection referred to as a `recovery plan') for the 
     species determined under section 4(a)(1) to be an endangered 
     species or a threatened species, unless the Secretary finds 
     that such a plan will not promote the conservation and 
     survival of the species.
       ``(b) Development of Recovery Plans.--(1) Subject to 
     paragraphs (2) and (3), the Secretary, in developing recovery 
     plans, shall, to the maximum extent practicable, give 
     priority to those endangered species or threatened species, 
     without regard to taxonomic classification, that are most 
     likely to benefit from such plans, particularly those species 
     that are, or may be, in conflict with construction or other 
     development projects or other forms of economic activity.
       ``(2) In the case of any species determined to be an 
     endangered species or threatened species after the date of 
     the enactment of the Threatened and Endangered Species 
     Recovery Act of 2005, the Secretary shall publish a final 
     recovery plan for a species within 2 years after the date the 
     species is listed under section 4(c).
       ``(3)(A) For those species that are listed under section 
     4(c) on the date of enactment of the Threatened and 
     Endangered Species Recovery Act of 2005 and are described in 
     subparagraph (B) of this paragraph, the Secretary, after 
     providing for public notice and comment, shall--
       ``(i) not later than 1 year after such date, publish in the 
     Federal Register a priority ranking system for preparing or 
     revising such recovery plans that is consistent with 
     paragraph (1) and takes into consideration the scientifically 
     based needs of the species; and
       ``(ii) not later than 18 months after such date, publish in 
     the Federal Register a list of such species ranked in 
     accordance with the priority ranking system published under 
     clause (i) for which such recovery plans will be developed or 
     revised, and a tentative schedule for such development or 
     revision.
       ``(B) A species is described in this subparagraph if--
       ``(i) a recovery plan for the species is not published 
     under this Act before the date of enactment of the Threatened 
     and Endangered Species Recovery Act of 2005 and the Secretary 
     finds such a plan would promote the conservation and survival 
     of the species; or
       ``(ii) a recovery plan for the species is published under 
     this Act before such date of enactment and the Secretary 
     finds revision of such plan is warranted.
       ``(C)(i) The Secretary shall, to the maximum extent 
     practicable, adhere to the list and tentative schedule 
     published under subparagraph (A)(ii) in developing or 
     revising recovery plans pursuant to this paragraph.
       ``(ii) The Secretary shall provide the reasons for any 
     deviation from the list and tentative schedule published 
     under subparagraph (A)(ii), in each report to the Congress 
     under subsection (e).
       ``(4) The Secretary, using the priority ranking system 
     required under paragraph (3), shall prepare or revise such 
     plans within 10 years after the date of the enactment of the 
     Threatened and Endangered Species Recovery Act of 2005.
       ``(c) Plan Contents.--(1)(A) Except as provided in 
     subparagraph (E), a recovery plan shall be based on the best 
     available scientific data and shall include the following:
       ``(i) Objective, measurable criteria that, when met, would 
     result in a determination, in accordance with this section, 
     that the species to which the recovery plan applies be 
     removed from the lists published under section 4(c) or be 
     reclassified from an endangered species to a threatened 
     species.
       ``(ii) A description of such site-specific or other 
     measures that would achieve the criteria established under 
     clause (i), including such intermediate measures as are 
     warranted to effect progress toward achievement of the 
     criteria.
       ``(iii) Estimates of the time required and the costs to 
     carry out those measures described under clause (ii), 
     including, to the extent practicable, estimated costs for any 
     recommendations, by the recovery team, or by the Secretary if 
     no recovery team is selected, that any of the areas 
     identified under clause (iv) be acquired on a willing seller 
     basis.
       ``(iv) An identification of those specific areas that are 
     of special value to the conservation of the species.
       ``(B) Those members of any recovery team appointed pursuant 
     to subsection (d) with relevant scientific expertise, or the 
     Secretary if no recovery team is appointed,

[[Page 21183]]

     shall, based solely on the best available scientific data, 
     establish the objective, measurable criteria required under 
     subparagraph (A)(i).
       ``(C)(i) If the recovery team, or the Secretary if no 
     recovery team is appointed, determines in the recovery plan 
     that insufficient best available scientific data exist to 
     determine criteria or measures under subparagraph (A) that 
     could achieve a determination to remove the species from the 
     lists published under section 4(c), the recovery plan shall 
     contain interim criteria and measures that are likely to 
     improve the status of the species.
       ``(ii) If a recovery plan does not contain the criteria and 
     measures provided for by clause (i) of subparagraph (A), the 
     recovery team for the plan, or by the Secretary if no 
     recovery team is appointed, shall review the plan at 
     intervals of no greater than 5 years and determine if the 
     plan can be revised to contain the criteria and measures 
     required under subparagraph (A).
       ``(iii) If the recovery team or the Secretary, 
     respectively, determines under clause (ii) that a recovery 
     plan can be revised to add the criteria and measures provided 
     for under subparagraph (A), the recovery team or the 
     Secretary, as applicable, shall revise the recovery plan to 
     add such criteria and measures within 2 years after the date 
     of the determination.
       ``(D) In specifying measures in a recovery plan under 
     subparagraph (A), a recovery team or the Secretary, as 
     applicable, shall--
       ``(i) whenever possible include alternative measures; and
       ``(ii) in developing such alternative measures, the 
     Secretary shall seek to identify, among such alternative 
     measures of comparable expected efficacy, the alternative 
     measures that are least costly.
       ``(E) Estimates of time and costs pursuant to subparagraph 
     (A)(iii), and identification of the least costly alternatives 
     pursuant to subparagraph (D)(ii), are not required to be 
     based on the best available scientific data.
       ``(2) Any area that, immediately before the enactment of 
     the Threatened and Endangered Species Recovery Act of 2005, 
     is designated as critical habitat of an endangered species or 
     threatened species shall be treated as an area described in 
     subparagraph (A)(iv) until a recovery plan for the species is 
     developed or the existing recovery plan for the species is 
     revised pursuant to subsection (b)(3).
       ``(d) Recovery Teams.--(1) The Secretary shall promulgate 
     regulations that provide for the establishment of recovery 
     teams for development of recovery plans under this section.
       ``(2) Such regulations shall--
       ``(A) establish criteria and the process for selecting the 
     members of recovery teams, and the process for preparing 
     recovery plans, that ensure that each team--
       ``(i) is of a size and composition to enable timely 
     completion of the recovery plan; and
       ``(ii) includes sufficient representation from 
     constituencies with a demonstrated direct interest in the 
     species and its conservation or in the economic and social 
     impacts of its conservation to ensure that the views of such 
     constituencies will be considered in the development of the 
     plan;
       ``(B) include provisions regarding operating procedures of 
     and recordkeeping by recovery teams;
       ``(C) ensure that recovery plans are scientifically 
     rigorous and that the evaluation of costs required by 
     paragraphs (1)(A)(iii) and (1)(D) of subsection (c) are 
     economically rigorous; and
       ``(D) provide guidelines for circumstances in which the 
     Secretary may determine that appointment of a recovery team 
     is not necessary or advisable to develop a recovery plan for 
     a specific species, including procedures to solicit public 
     comment on any such determination.
       ``(3) The Federal Advisory Committee Act (5 App. U.S.C.) 
     shall not apply to recovery teams appointed in accordance 
     with regulations issued by the Secretary under this 
     subsection.
       ``(e) Reports to Congress.--(1) The Secretary shall report 
     every two years to the Committee on Resources of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate on the status of all domestic endangered 
     species and threatened species and the status of efforts to 
     develop and implement recovery plans for all domestic 
     endangered species and threatened species.
       ``(2) In reporting on the status of such species since the 
     time of its listing, the Secretary shall include--
       ``(A) an assessment of any significant change in the well-
     being of each such species, including--
       ``(i) changes in population, range, or threats; and
       ``(ii) the basis for that assessment; and
       ``(B) for each species, a measurement of the degree of 
     confidence in the reported status of such species, based upon 
     a quantifiable parameter developed for such purposes.
       ``(f) Public Notice and Comment.--The Secretary shall, 
     prior to final approval of a new or revised recovery plan, 
     provide public notice and an opportunity for public review 
     and comment on such plan. The Secretary shall consider all 
     information presented during the public comment period prior 
     to approval of the plan.
       ``(g) State Comment.--The Secretary shall, prior to final 
     approval of a new or revised recovery plan, provide a draft 
     of such plan and an opportunity to comment on such draft to 
     the Governor of, and State agency in, any State to which such 
     draft would apply. The Secretary shall include in the final 
     recovery plan the Secretary's response to the comments of the 
     Governor and the State agency.
       ``(h) Consultation to Ensure Consistency With Development 
     Plan.--(1) The Secretary shall, prior to final approval of a 
     new or revised recovery plan, consult with any pertinent 
     State, Indian tribe, or regional or local land use agency or 
     its designee.
       ``(2) For purposes of this Act, the term `Indian tribe' 
     means--
       ``(A) with respect to the 48 contiguous States, any 
     federally recognized Indian tribe, organized band, pueblo, or 
     community; and
       ``(B) with respect to Alaska, the Metlakatla Indian 
     Community.
       ``(i) Use of Plans.--(1) Each Federal agency shall consider 
     any relevant best available scientific data contained in a 
     recovery plan in any analysis conducted under section 102 of 
     the National Environmental Policy Act of 1969 (42 U.S.C. 
     4332).
       ``(2)(A)(i) The head of any Federal agency may enter into 
     an agreement with the Secretary specifying the measures the 
     agency will carry out to implement a recovery plan.
       ``(ii) Each such agreement shall be published in draft form 
     with notice and an opportunity for public comment.
       ``(iii) Each such final agreement shall be published, with 
     responses by the head of the Federal agency to any public 
     comments submitted on the draft agreement.
       ``(B) Nothing in a recovery plan shall be construed to 
     establish regulatory requirements.
       ``(j) Monitoring.--(1) The Secretary shall implement a 
     system in cooperation with the States to monitor effectively 
     for not less than five years the status of all species that 
     have recovered to the point at which the measures provided 
     pursuant to this Act are no longer necessary and that, in 
     accordance with this section, have been removed from the 
     lists published under section 4(c).
       ``(2) The Secretary shall make prompt use of the authority 
     under section 4(b)(7) to prevent a significant risk to the 
     well-being of any such recovered species.''.
       (b) Recovery Plans for Species Occupying More Than One 
     State.--Section 6 (16 U.S.C. 1535) is amended by adding at 
     the end the following:
       ``(j) Recovery Plans for Species Occupying More Than One 
     State.--Any recovery plan under section 5 for an endangered 
     species or a threatened species that occupies more than one 
     State shall identify criteria and actions pursuant to 
     subsection (c)(1) of section 5 for each State that are 
     necessary so that the State may pursue a determination that 
     the portion of the species found in that State may be removed 
     from lists published under section 4(c).''.
       (c) Threatened and Endangered Species Incentives Program.--
       (1) Agreements authorized.--Section 5 (16 U.S.C. 1534) is 
     further amended by adding at the end the following:
       ``(m) Threatened and Endangered Species Incentives 
     Program.--(1) The Secretary may enter into species recovery 
     agreements pursuant to paragraph (2) and species conservation 
     contract agreements pursuant to paragraph (3) with persons, 
     other than agencies or departments of the Federal Government 
     or State governments, under which the Secretary is obligated, 
     subject to the availability of appropriations, to make annual 
     payments or provide other compensation to the persons to 
     implement the agreements.
       ``(2)(A) The Secretary and persons who own or control the 
     use of private land may enter into species recovery 
     agreements with a term of not less than 5 years that meet the 
     criteria set forth in subparagraph (B) and are in accordance 
     with the priority established in subparagraph (C).
       ``(B) A species recovery agreement entered into under this 
     paragraph by the Secretary with a person--
       ``(i) shall require that the person shall carry out, on the 
     land owned or controlled by the person, activities that--
       ``(I) protect and restore habitat for covered species that 
     are species determined to be endangered species or threatened 
     species pursuant to section 4(a)(1);
       ``(II) contribute to the conservation of one or more 
     covered species; and
       ``(III) specify and implement a management plan for the 
     covered species;
       ``(ii) shall specify such a management plan that includes--
       ``(I) identification of the covered species;
       ``(II) a description of the land to which the agreement 
     applies; and
       ``(III) a description of, and a schedule to carry out, the 
     activities under clause (i);
       ``(iii) shall provide sufficient documentation to establish 
     ownership or control by the person of the land to which the 
     agreement applies;
       ``(iv) shall include the amounts of the annual payments or 
     other compensation to be provided by the Secretary to the 
     person under the agreement, and the terms under which such 
     payments or compensation shall be provided; and

[[Page 21184]]

       ``(v) shall include--
       ``(I) the duties of the person;
       ``(II) the duties of the Secretary;
       ``(III) the terms and conditions under which the person and 
     the Secretary mutually agree the agreement may be modified or 
     terminated; and
       ``(IV) acts or omissions by the person or the Secretary 
     that shall be considered violations of the agreement, and 
     procedures under which notice of and an opportunity to remedy 
     any violation by the person or the Secretary shall be given.
       ``(C) In entering into species recovery agreements under 
     this paragraph, the Secretary shall accord priority to 
     agreements that apply to any areas that are identified in 
     recovery plans pursuant to subsection (c)(1)(A)(iv).
       ``(3)(A) The Secretary and persons who own private land may 
     enter into species conservation contract agreements with 
     terms of 30 years, 20 years, or 10 years that meet the 
     criteria set forth in subparagraph (B) and standards set 
     forth in subparagraph (D) and are in accordance with the 
     priorities established in subparagraph (C).
       ``(B) A species conservation contract agreement entered 
     into under this paragraph by the Secretary with a person--
       ``(i) shall provide that the person shall, on the land 
     owned by the person--
       ``(I) carry out conservation practices to meet one or more 
     of the goals set forth in clauses (i) through (iii) of 
     subparagraph (C) for one or more covered species, that are 
     species that are determined to be endangered species or 
     threatened species pursuant to section 4(a)(1), species 
     determined to be candidate species pursuant to section 
     4(b)(3)(B)(iii), or species subject to comparable 
     designations under State law; and
       ``(II) specify and implement a management plan for the 
     covered species;
       ``(ii) shall specify such a management plan that includes--
       ``(I) identification of the covered species;
       ``(II) a description in detail of the conservation 
     practices for the covered species that the person shall 
     undertake;
       ``(III) a description of the land to which the agreement 
     applies; and
       ``(IV) a schedule of approximate deadlines, whether one-
     time or periodic, for undertaking the conservation practices 
     described pursuant to subclause (II);
       ``(V) a description of existing or future economic 
     activities on the land to which the agreement applies that 
     are compatible with the conservation practices described 
     pursuant to subclause (II) and generally with conservation of 
     the covered species;
       ``(iii) shall specify the term of the agreement; and
       ``(iv) shall include--
       ``(I) the duties of the person;
       ``(II) the duties of the Secretary;
       ``(III) the terms and conditions under which the person and 
     the Secretary mutually agree the agreement may be modified or 
     terminated;
       ``(IV) acts or omissions by the person or the Secretary 
     that shall be considered violations of the agreement, and 
     procedures under which notice of and an opportunity to remedy 
     any violation by the person or the Secretary shall be given; 
     and
       ``(V) terms and conditions for early termination of the 
     agreement by the person before the management plan is fully 
     implemented or termination of the agreement by the Secretary 
     in the case of a violation by the person that is not remedied 
     under subclause (IV), including any requirement for the 
     person to refund all or part of any payments received under 
     subparagraph (E) and any interest thereon.
       ``(C) The Secretary shall establish priorities for the 
     selection of species conservation contract agreements, or 
     groups of such agreements for adjacent or proximate lands, to 
     be entered into under this paragraph that address the 
     following factors:
       ``(i) The potential of the land to which the agreement or 
     agreements apply to contribute significantly to the 
     conservation of an endangered species or threatened species 
     or a species with a comparable designation under State law.
       ``(ii) The potential of such land to contribute 
     significantly to the improvement of the status of a candidate 
     species or a species with a comparable designation under 
     State law.
       ``(iii) The amount of acreage of such land.
       ``(iv) The number of covered species in the agreement or 
     agreements.
       ``(v) The degree of urgency for the covered species to 
     implement the conservation practices in the management plan 
     or plans under the agreement or agreements.
       ``(vi) Land in close proximity to military test and 
     training ranges, installations, and associated airspace that 
     is affected by a covered species.
       ``(D) The Secretary shall enter into a species conservation 
     contract agreement submitted by a person, if the Secretary 
     finds that the person owns such land or has sufficient 
     control over the use of such land to ensure implementation of 
     the management plan under the agreement.
       ``(E)(i) Upon entering into a species conservation contract 
     agreement with the Secretary pursuant to this paragraph, a 
     person shall receive the financial assistance provided for in 
     this subparagraph.
       ``(ii) If the person is implementing fully the agreement, 
     the person shall receive from the Secretary--
       ``(I) in the case of a 30-year agreement, an annual 
     contract payment in an amount equal to 100 percent of the 
     person's actual costs to implement the conservation practices 
     described in the management plan under the terms of the 
     agreement;
       ``(II) in the case of a 20-year agreement, an annual 
     contract payment in an amount equal to 80 percent of the 
     person's actual costs to implement the conservation practices 
     described in the management plan under the terms of the 
     agreement; and
       ``(III) in the case of a 10-year agreement, an annual 
     contract payment in an amount equal to 60 percent of the 
     person's actual costs to implement the conservation practices 
     described in the management plan under the terms of the 
     agreement.
       ``(iii)(I) If the person receiving contract payments 
     pursuant to clause (ii) receives any other State or Federal 
     funds to defray the cost of any conservation practice, the 
     cost of such practice shall not be eligible for such contract 
     payments.
       ``(II) Contributions of agencies or organizations to any 
     conservation practice other than the funds described in 
     subclause (I) shall not be considered as costs of the person 
     for purposes of the contract payments pursuant to clause 
     (iii).
       ``(4)(A) Upon request of a person seeking to enter into an 
     agreement pursuant to this subsection, the Secretary may 
     provide to such person technical assistance in the 
     preparation, and management training for the implementation, 
     of the management plan for the agreement.
       ``(B) Any State agency, local government, nonprofit 
     organization, or federally recognized Indian tribe may 
     provide assistance to a person in the preparation of a 
     management plan, or participate in the implementation of a 
     management plan, including identifying and making available 
     certified fisheries or wildlife biologists with expertise in 
     the conservation of species for purposes of the preparation 
     or review and approval of management plans for species 
     conservation contract agreements under paragraph (3)(D)(iii).
       ``(5) Upon any conveyance or other transfer of interest in 
     land that is subject to an agreement under this subsection--
       ``(A) the agreement shall terminate if the agreement does 
     not continue in effect under subparagraph (B);
       ``(B) the agreement shall continue in effect with respect 
     to such land, with the same terms and conditions, if the 
     person to whom the land or interest is conveyed or otherwise 
     transferred notifies the Secretary of the person's election 
     to continue the agreement by no later than 30 days after the 
     date of the conveyance or other transfer and the person is 
     determined by the Secretary to qualify to enter into an 
     agreement under this subsection; or
       ``(C) the person to whom the land or interest is conveyed 
     or otherwise transferred may seek a new agreement under this 
     subsection.
       ``(6) An agreement under this subsection may be renewed 
     with the mutual consent of the Secretary and the person who 
     entered into the agreement or to whom the agreement has been 
     transferred under paragraph (5).
       ``(7) The Secretary shall make annual payments under this 
     subsection as soon as possible after December 31 of each 
     calendar year.
       ``(8) An agreement under this subsection that applies to an 
     endangered species or threatened species shall, for the 
     purpose of section 10(a)(4), be deemed to be a permit to 
     enhance the propagation or survival of such species under 
     section 10(a)(1), and a person in full compliance with the 
     agreement shall be afforded the protection of section 
     10(a)(4).
       ``(9) The Secretary, or any other Federal official, may not 
     require a person to enter into an agreement under this 
     subsection as a term or condition of any right, privilege, or 
     benefit, or of any action or refraining from any action, 
     under this Act.''.
       (2) Subsection (e)(2) of section 7 (16 U.S.C. 1536) (as 
     redesignated by section 11(d)(2) of this Act) is amended by 
     inserting ``or in an agreement under section 5(m)'' after 
     ``section''.
       (d) Conforming Amendments.--
       (1) Section 6(d)(1) (16 U.S.C. 1535(d)(1)) is amended by 
     striking ``section 4(g)'' and inserting ``section 5(j)''.
       (2) The Marine Mammal Protection Act of 1972 is amended--
       (A) in section 104(c)(4)(A)(ii) (16 U.S.C. 
     1374(c)(4)(A)(ii)) by striking ``section 4(f)'' and inserting 
     ``section 5''; and
       (B) in section 115(b)(2) (16 U.S.C. 1383b(b)(2)) by 
     striking ``section 4(f) of the Endangered Species Act of 1973 
     (16 U.S.C. 1533(f))'' and inserting ``section 5 of the 
     Endangered Species Act of 1973''.

     SEC. 10. COOPERATION WITH STATES AND INDIAN TRIBES.

       Section 6 (16 U.S.C. 1535) is further amended--
       (1) in subsection (c), by adding at the end the following:
       ``(3)(A) Any cooperative agreement entered into by the 
     Secretary under this subsection may also provide for 
     development of a program for conservation of species 
     determined to be candidate species pursuant to section

[[Page 21185]]

     4(b)(3)(B)(iii) or any other species that the State and the 
     Secretary agree is at risk of being determined to be an 
     endangered species or threatened species under section 
     4(a)(1) in that State. Upon completion of consultation on the 
     agreement pursuant to subsection (e)(2), any incidental take 
     statement issued on the agreement shall apply to any such 
     species, and to the State and any landowners enrolled in any 
     program under the agreement, without further consultation 
     (except any additional consultation pursuant to subsection 
     (e)(2)) if the species is subsequently determined to be an 
     endangered species or a threatened species and the agreement 
     remains an adequate and active program for the conservation 
     of endangered species and threatened species.
       ``(B) Any cooperative agreement entered into by the 
     Secretary under this subsection may also provide for 
     monitoring or assistance in monitoring the status of 
     candidate species pursuant to section 4(b)(3)(C)(iii) or 
     recovered species pursuant to section 5(j).
       ``(C) The Secretary shall periodically review each 
     cooperative agreement under this subsection and seek to make 
     changes the Secretary considers necessary for the 
     conservation of endangered species and threatened species to 
     which the agreement applies.
       ``(4) Any cooperative agreement entered into by the 
     Secretary under this subsection that provides for the 
     enrollment of private lands or water rights in any program 
     established by the agreement shall ensure that the decision 
     to enroll is voluntary for each owner of such lands or water 
     rights.
       ``(5)(A) The Secretary may enter into a cooperative 
     agreement under this subsection with an Indian tribe in 
     substantially the same manner in which the Secretary may 
     enter into a cooperative agreement with a State.
       ``(B) For the purposes of this paragraph, the term `Indian 
     tribe' means--
       ``(i) with respect to the 48 contiguous States, any 
     federally recognized Indian tribe, organized band, pueblo, or 
     community; and
       ``(ii) with respect to Alaska, the Metlakatla Indian 
     Community.'';
       (2) in subsection (d)(1)--
       (A) by striking ``pursuant to subsection (c) of this 
     section'';
       (B) by striking ``or to assist'' and all that follows 
     through ``section 5(j)'' and inserting ``pursuant to 
     subsection (c)(1) and (2) or to address candidate species or 
     other species at risk and recovered species pursuant to 
     subsection (c)(3)''; and
       (C) in subparagraph (F), by striking ``monitoring the 
     status of candidate species'' and inserting ``developing a 
     conservation program for, or monitoring the status of, 
     candidate species or other species determined to be at risk 
     pursuant to subsection (c)(3)''; and
       (3) in subsection (e)--
       (A) by inserting ``(1)'' before the first sentence;
       (B) in paragraph (1), as designated by subparagraph (A) of 
     this paragraph, by striking ``at no greater than annual 
     intervals'' and inserting ``every 3 years''; and
       (C) by adding at the end the following:
       ``(2) Any cooperative agreement entered into by the 
     Secretary under subsection (c) shall be subject to section 
     7(a)(2) through (d) and regulations implementing such 
     provisions only before--
       ``(A) the Secretary enters into the agreement; and
       ``(B) the Secretary approves any renewal of, or amendment 
     to, the agreement that--
       ``(i) addresses species that are determined to be 
     endangered species or threatened species, are not addressed 
     in the agreement, and may be affected by the agreement; or
       ``(ii) new information about any species addressed in the 
     agreement that the Secretary determines--
       ``(I) constitutes the best available scientific data; and
       ``(II) indicates that the agreement may have adverse 
     effects on the species that had not been considered 
     previously when the agreement was entered into or during any 
     revision thereof or amendment thereto.
       ``(3) The Secretary may suspend any cooperative agreement 
     established pursuant to subsection (c), after consultation 
     with the Governor of the affected State, if the Secretary 
     finds during the periodic review required by paragraph (1) of 
     this subsection that the agreement no longer constitutes an 
     adequate and active program for the conservation of 
     endangered species and threatened species.
       ``(4) The Secretary may terminate any cooperative agreement 
     entered into by the Secretary under subsection (c), after 
     consultation with the Governor of the affected State, if--
       ``(A) as result of the procedures of section 7(a)(2) 
     through (d) undertaken pursuant to paragraph (2) of this 
     subsection, the Secretary determines that continued 
     implementation of the cooperative agreement is likely to 
     jeopardize the continued existence of endangered species or 
     threatened species, and the cooperative agreement is not 
     amended or revised to incorporate a reasonable and prudent 
     alternative offered by the Secretary pursuant to section 
     7(b)(3); or
       ``(B) the cooperative agreement has been suspended under 
     paragraph (3) of this subsection and has not been amended or 
     revised and found by the Secretary to constitute an adequate 
     and active program for the conservation of endangered species 
     and threatened species within 180 days after the date of the 
     suspension.''.

     SEC. 11. INTERAGENCY COOPERATION AND CONSULTATION.

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

[[Page 21186]]

       ``(ii) must be consistent with the objectives of the 
     Federal agency and the permit or license applicant, if any, 
     to the greatest extent possible.''.
       (c) Biological Assessments.--Section 7(c) (16 U.S.C. 
     1536(c)) is amended--
       (1) by striking ``(1)'';
       (2) by striking paragraph (2);
       (3) in the first sentence, by striking ``which is listed'' 
     and all that follows through the end of the sentence and 
     inserting ``that is determined to be an endangered species or 
     a threatened species, or for which such a determination is 
     proposed pursuant to section 4, may be present in the area of 
     such proposed action.''; and
       (4) in the second sentence, by striking ``best scientific 
     and commercial data available'' and inserting ``best 
     available scientific data''.
       (d) Elimination of Endangered Species Committee Process.--
     Section 7 (16 U.S.C. 1536) is amended--
       (1) by repealing subsections (e), (f), (g), (h), (i), (j), 
     (k), (l), (m), and (n);
       (2) by redesignating subsections (o) and (p) as subsections 
     (e) and (f), respectively;
       (3) in subsection (e), as redesignated by paragraph (2) of 
     this subsection--
       (A) in the heading, by striking ``Exemption as Providing''; 
     and
       (B) by striking ``such section'' and all that follows 
     through ``(2)'' and inserting ``such section,''; and
       (4) in subsection (f), as redesignated by paragraph (2) of 
     this subsection--
       (A) in the first sentence, by striking ``is authorized'' 
     and all that follows through ``of this section'' and 
     inserting ``may exempt an agency action from compliance with 
     the requirements of subsections (a) through (d) of this 
     section before the initiation of such agency action,''; and
       (B) by striking the second sentence.

     SEC. 12. EXCEPTIONS TO PROHIBITIONS.

       (a) Incidental Take Permits.--Section 10(a)(2) (16 U.S.C. 
     1539(a)(2)) is amended--
       (1) in subparagraph (A) by striking ``and'' after the 
     semicolon at the end of clause (iii), by redesignating clause 
     (iv) as clause (vii), and by inserting after clause (iii) the 
     following:
       ``(iv) objective, measurable biological goals to be 
     achieved for species covered by the plan and specific 
     measures for achieving such goals consistent with the 
     requirements of subparagraph (B);
       ``(v) measures the applicant will take to monitor impacts 
     of the plan on covered species and the effectiveness of the 
     plan's measures in achieving the plan's biological goals;
       ``(vi) adaptive management provisions necessary to respond 
     to all reasonably foreseeable changes in circumstances that 
     could appreciably reduce the likelihood of the survival and 
     recovery of any species covered by the plan; and'';
       (2) in subparagraph (B) by striking ``and'' after the 
     semicolon at the end of clause (iv), by redesignating clause 
     (v) as clause (vi), and by inserting after clause (iv) the 
     following:
       ``(v) the term of the permit is reasonable, taking into 
     consideration--
       ``(I) the period in which the applicant can be expected to 
     diligently complete the principal actions covered by the 
     plan;
       ``(II) the extent to which the plan will enhance the 
     conservation of covered species;
       ``(III) the adequacy of information underlying the plan;
       ``(IV) the length of time necessary to implement and 
     achieve the benefits of the plan; and
       ``(V) the scope of the plan's adaptive management strategy; 
     and''; and
       (3) by striking subparagraph (C) and inserting the 
     following:
       ``(3) Any terms and conditions offered by the Secretary 
     pursuant to paragraph (2)(B) to reduce or offset the impacts 
     of incidental taking shall be roughly proportional to the 
     impact of the incidental taking specified in the conservation 
     plan pursuant to in paragraph (2)(A)(i). This paragraph shall 
     not be construed to limit the authority of the Secretary to 
     require greater than acre-for-acre mitigation where necessary 
     to address the extent of such impacts. In any case in which 
     various terms and conditions are available, the terms and 
     conditions shall be capable of successful implementation and 
     shall be consistent with the objective of the applicant to 
     the greatest extent possible.
       ``(4)(A) If the holder of a permit issued under this 
     subsection for other than scientific purposes is in 
     compliance with the terms and conditions of the permit, and 
     any conservation plan or agreement incorporated by reference 
     therein, the Secretary may not require the holder, without 
     the consent of the holder, to adopt any new minimization, 
     mitigation, or other measure with respect to any species 
     adequately covered by the permit during the term of the 
     permit, except as provided in subparagraphs (B) and (C) to 
     meet circumstances that have changed subsequent to the 
     issuance of the permit.
       ``(B) For any circumstance identified in the permit or 
     incorporated document that has changed, the Secretary may, in 
     the absence of consent of the permit holder, require only 
     such additional minimization, mitigation, or other measures 
     as are already provided in the permit or incorporated 
     document for such changed circumstance.
       ``(C) For any changed circumstance not identified in the 
     permit or incorporated document, the Secretary may, in the 
     absence of consent of the permit holder, require only such 
     additional minimization, mitigation, or other measures to 
     address such changed circumstance that do not involve the 
     commitment of any additional land, water, or financial 
     compensation not otherwise committed, or the imposition of 
     additional restrictions on the use of any land, water or 
     other natural resources otherwise available for development 
     or use, under the original terms and conditions of the permit 
     or incorporated document.
       ``(D) The Secretary shall have the burden of proof in 
     demonstrating and documenting, with the best available 
     scientific data, the occurrence of any changed circumstances 
     for purposes of this paragraph.
       ``(E) All permits issued under this subsection on or after 
     the date of the enactment of the Threatened and Endangered 
     Species Recovery Act of 2005, other than permits for 
     scientific purposes, shall contain the assurances contained 
     in subparagraphs (B) through (D) of this paragraph and 
     paragraph (5)(A) and (B). Permits issued under this 
     subsection on or after March 25, 1998, and before the date of 
     the enactment of the Threatened and Endangered Species 
     Recovery Act of 2005, other than permits for scientific 
     purposes, shall be governed by the applicable sections of 
     parts 17.22(b), (c), and (d), and 17.32(b), (c), and (d) of 
     title 50, Code of Federal Regulations, as the same exist on 
     the date of the enactment of the Threatened and Endangered 
     Species Act of 2005.
       ``(5)(A) The Secretary shall revoke a permit issued under 
     paragraph (2) if the Secretary finds that the permittee is 
     not complying with the terms and conditions of the permit.
       ``(B) Any permit subject to paragraph (4)(A) may be revoked 
     due to changed circumstances only if--
       ``(i) the Secretary determines that continuation of the 
     activities to which the permit applies would be inconsistent 
     with the criteria in paragraph (2)(B)(iv);
       ``(ii) the Secretary provides 60 days notice of revocation 
     to the permittee; and
       ``(iii) the Secretary is unable to, and the permittee 
     chooses not to, remedy the condition causing such 
     inconsistency.''.
       (b) Extension of Period for Public Review and Comment on 
     Applications.--Section 10(c) (16 U.S.C. 1539(c)) is amended 
     in the second sentence by striking ``thirty'' each place it 
     appears and inserting ``45''.
       (c) Experimental Populations.--Section 10(j) (16 U.S.C. 
     1539(j)) is amended--
       (1) in paragraph (1), by striking ``For purposes'' and all 
     that follows through the end of the paragraph and inserting 
     the following: ``For purposes of this subsection, the term 
     `experimental population' means any population (including any 
     offspring arising therefrom) authorized by the Secretary for 
     release under paragraph (2), but only when such population is 
     in the area designated for it by the Secretary, and such area 
     is, at the time of release, wholly separate geographically 
     from areas occupied by nonexperimental populations of the 
     same species. For purposes of this subsection, the term 
     `areas occupied by nonexperimental populations' means areas 
     characterized by the sustained and predictable presence of 
     more than negligible numbers of successfully reproducing 
     individuals over a period of many years.'';
       (2) in paragraph (2)(B), by striking ``information'' and 
     inserting ``scientific data''; and
       (3) in paragraph (2)(C)(i), by striking ``listed'' and 
     inserting ``determined to be an endangered species or a 
     threatened species''.
       (d) Written Determination of Compliance.--Section 10 (16 
     U.S.C. 1539) is amended by adding at the end the following:
       ``(k) Written Determination of Compliance.--(1) A property 
     owner (in this subsection referred to as a `requester') may 
     request the Secretary to make a written determination that a 
     proposed use of the owner's property that is lawful under 
     State and local law will comply with section 9(a), by 
     submitting a written description of the proposed action to 
     the Secretary by certified mail.
       ``(2) A written description of a proposed use is deemed to 
     be sufficient for consideration by the Secretary under 
     paragraph (1) if the description includes--
       ``(A) the nature, the specific location, the lawfulness 
     under State and local law, and the anticipated schedule and 
     duration of the proposed use, and a demonstration that the 
     property owner has the means to undertake the proposed use; 
     and
       ``(B) any anticipated adverse impact to a species that is 
     included on a list published under 4(c)(1) that the requestor 
     reasonably expects to occur as a result of the proposed use.
       ``(3) The Secretary may request and the requestor may 
     supply any other information that either believes will assist 
     the Secretary to make a determination under paragraph (1).
       ``(4) If the Secretary does not make a determination 
     pursuant to a request under this subsection because of the 
     omission from the request of any information described in 
     paragraph (2), the requestor may submit a subsequent request 
     under this subsection for the same proposed use.
       ``(5)(A) Subject to subparagraph (B), the Secretary shall 
     provide to the requestor a written determination of whether 
     the proposed use, as proposed by the requestor, will comply 
     with section 9(a), by not later than

[[Page 21187]]

     expiration of the 180-day period beginning on the date of the 
     submission of the request.
       ``(B) The Secretary may request, and the requestor may 
     grant, a written extension of the period under subparagraph 
     (A).
       ``(6) If the Secretary fails to provide a written 
     determination before the expiration of the period under 
     paragraph (5)(A) (or any extension thereof under paragraph 
     (5)(B)), the Secretary is deemed to have determined that the 
     proposed use complies with section 9(a).
       ``(7) This subsection shall not apply with respect to 
     agency actions that are subject to consultation under section 
     7.
       ``(8) Any use or action taken by the property owner in 
     reasonable reliance on a written determination of compliance 
     under paragraph (5) or on the application of paragraph (6) 
     shall not be treated as a violation of section 9(a).
       ``(9) Any determination of compliance under this subsection 
     shall remain effective--
       ``(A) in the case of a written determination provided under 
     paragraph (5)(A), for the 10-year period beginning on the 
     date the written determination is provided; or
       ``(B) in the case of a determination that under paragraph 
     (6) the Secretary is deemed to have made, the 5-year period 
     beginning on the first date the Secretary is deemed to have 
     made the determination.
       ``(10) The Secretary may withdraw a determination of 
     compliance under this section only if the Secretary 
     determines that, because of unforeseen changed circumstances, 
     the continuation of the use to which the determination 
     applies would preclude conservation measures essential to the 
     survival of any endangered species or threatened species. 
     Such a withdrawal shall take effect 10 days after the date 
     the Secretary provides notice of the withdrawal to the 
     requester.
       ``(11) The Secretary may extend the period that applies 
     under paragraph (5) by up to 180 days if seasonal 
     considerations make a determination impossible within the 
     period that would otherwise apply.''.
       (e) National Security Exemption.--Section 10 (16 U.S.C. 
     1539) is further amended by adding at the end the following:
       ``(l) National Security.--The President, after consultation 
     with the appropriate Federal agency, may exempt any act or 
     omission from the provisions of this Act if such exemption is 
     necessary for national security.''.
       (f) Disaster Declaration and Protection.--Section 10 (16 
     U.S.C. 1539) is further amended by adding at the end the 
     following:
       ``(m) Disaster Declaration and Protection.--(1) The 
     President may suspend the application of any provision of 
     this Act in any area for which a major disaster is declared 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.).
       ``(2) The Secretary shall, within one year after the date 
     of the enactment of the Threatened and Endangered Species 
     Recovery Act of 2005, promulgate regulations regarding 
     application of this Act in the event of an emergency 
     (including circumstances other than a major disaster referred 
     to in paragraph (1)) involving a threat to human health or 
     safety or to property, including regulations--
       ``(A) determining what constitutes an emergency for 
     purposes of this paragraph; and
       ``(B) to address immediate threats through expedited 
     consideration under or waiver of any provision of this 
     Act.''.

     SEC. 13. PRIVATE PROPERTY CONSERVATION.

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


                    ``Private property conservation

       ``Sec. 13. (a) In General.--The Secretary may provide 
     conservation grants (in this section referred to as `grants') 
     to promote the voluntary conservation of endangered species 
     and threatened species by owners of private property and 
     shall provide financial conservation aid (in this section 
     referred to as `aid') to alleviate the burden of conservation 
     measures imposed upon private property owners by this Act. 
     The Secretary may provide technical assistance when requested 
     to enhance the conservation effects of grants or aid.
       ``(b) Awarding of Grants and Aid.--Grants to promote 
     conservation of endangered species and threatened species on 
     private property--
       ``(1) may not be used to fund litigation, general 
     education, general outreach, lobbying, or solicitation;
       ``(2) may not be used to acquire leases or easements of 
     more than 50 years duration or fee title to private property;
       ``(3) must be designed to directly contribute to the 
     conservation of an endangered species or threatened species 
     by increasing the species' numbers or distribution; and
       ``(4) must be supported by any private property owners on 
     whose property any grant funded activities are carried out.
       ``(c) Priority.--Priority shall be accorded among grant 
     requests in the following order:
       ``(1) Grants that promote conservation of endangered 
     species or threatened species on private property while 
     making economically beneficial and productive use of the 
     private property on which the conservation activities are 
     conducted.
       ``(2) Grants that develop, promote, or use techniques to 
     increase the distribution or population of an endangered 
     species or threatened species on private property.
       ``(3) Other grants that promote voluntary conservation of 
     endangered species or threatened species on private property.
       ``(d) Eligibility for Aid.--(1) The Secretary shall award 
     aid to private property owners who--
       ``(A) received a written determination under section 10(k) 
     finding that the proposed use of private property would not 
     comply with section 9(a); or
       ``(B) receive notice under section 10(k)(10) that a written 
     determination has been withdrawn.
       ``(2) Aid shall be in an amount no less than the fair 
     market value of the use that was proposed by the property 
     owner if--
       ``(A) the owner has foregone the proposed use;
       ``(B) the owner has requested financial aid--
       ``(i) within 180 days of the Secretary's issuance of a 
     written determination that the proposed use would not comply 
     with section 9(a); or
       ``(ii) within 180 days after the property owner is notified 
     of a withdrawal under section 10(k)(10); and
       ``(C) the foregone use would be lawful under State and 
     local law and the property owner has demonstrated that the 
     property owner has the means to undertake the proposed use.
       ``(e) Distribution of Grants and Aid.--(1) The Secretary 
     shall pay eligible aid--
       ``(A) within 180 days after receipt of a request for aid 
     unless there are unresolved questions regarding the 
     documentation of the foregone proposed use or unresolved 
     questions regarding the fair market value; or
       ``(B) at the resolution of any questions concerning the 
     documentation of the foregone use established under 
     subsection (f) or the fair market value established under 
     subsection (g).
       ``(2) All grants provided under this section shall be paid 
     on the last day of the fiscal year. Aid shall be paid based 
     on the date of the initial request.
       ``(f) Documentation of the Foregone Use.--Within 30 days of 
     the request for aid, the Secretary shall enter into 
     negotiations with the property owner regarding the 
     documentation of the foregone proposed use through such 
     mechanisms such as contract terms, lease terms, deed 
     restrictions, easement terms, or transfer of title. If the 
     Secretary and the property owner are unable to reach an 
     agreement, then, within 60 days of the request for aid, the 
     Secretary shall determine how the property owner's foregone 
     use shall be documented with the least impact on the 
     ownership interests of the property owner necessary to 
     document the foregone use.
       ``(g) Fair Market Value.--For purposes of this section, the 
     fair market value of the foregone use of the affected portion 
     of the private property, including business losses, is what a 
     willing buyer would pay to a willing seller in an open 
     market. Fair market value shall take into account the 
     likelihood that the foregone use would be approved under 
     State and local law. The fair market value shall be 
     determined within 180 days of the documentation of the 
     foregone use. The fair market value shall be determined 
     jointly by 2 licensed independent appraisers, one selected by 
     the Secretary and one selected by the property owner. If the 
     2 appraisers fail to agree on fair market value, the 
     Secretary and the property owner shall jointly select a third 
     licensed appraiser whose appraisal within an additional 90 
     days shall be binding on the Secretary and the private 
     property owner. Within one year after the date of enactment 
     of the Threatened and Endangered Species Recovery Act of 
     2005, the Secretary shall promulgate regulations regarding 
     selection of the jointly selected appraisers under this 
     subsection.
       ``(h) Limitation on Aid Availability.--Any person receiving 
     aid under this section may not receive additional aid under 
     this section for the same foregone use of the same property 
     and for the same period of time.
       ``(i) Annual Reporting.--The Secretary shall by January 15 
     of each year provide a report of all aid and grants awarded 
     under this section to the Committee on Resources of the House 
     of Representatives and the Environment and Public Works 
     Committee of the Senate and make such report electronically 
     available to the general public on the website required under 
     section 14.''.

     SEC. 14. PUBLIC ACCESSIBILITY AND ACCOUNTABILITY.

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


               ``Public accessibility and accountability

       ``Sec. 14. The Secretary shall make available on a publicly 
     accessible website on the Internet--
       ``(1) each list published under section 4(c)(1);
       ``(2) all final and proposed regulations and determinations 
     under section 4;
       ``(3) the results of all 5-year reviews conducted under 
     section 4(c)(2)(A);
       ``(4) all draft and final recovery plans issued under 
     section 5(a), and all final recovery plans issued and in 
     effect under section 4(f)(1) of this Act as in effect 
     immediately before the enactment of the Threatened and 
     Endangered Species Recovery Act of 2005;

[[Page 21188]]

       ``(5) all reports required under sections 5(e) and 16, and 
     all reports required under sections 4(f)(3) and 18 of this 
     Act as in effect immediately before the enactment of the 
     Threatened and Endangered Species Recovery Act of 2005; and
       ``(6) data contained in the reports referred to in 
     paragraph (5) of this section, and that were produced after 
     the date of enactment of the Threatened and Endangered 
     Species Recovery Act of 2005, in the form of databases that 
     may be searched by the variables included in the reports.''.

     SEC. 15. ANNUAL COST ANALYSES.

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


   ``Annual cost analysis by United States Fish and Wildlife Service

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

     SEC. 16. REIMBURSEMENT FOR DEPREDATION OF LIVESTOCK BY 
                   REINTRODUCED SPECIES.

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


  ``Reimbursement for depredation of livestock by reintroduced species

       ``Sec. 17. (a) In General.--The Secretary of the Interior, 
     acting through the Director of the United States Fish and 
     Wildlife Service, may reimburse the owner of livestock for 
     any loss of livestock resulting from depredation by any 
     population of a species if the population is listed under 
     section 4(c) and includes or derives from members of the 
     species that were reintroduced into the wild.
       ``(b) Eligibility for and Amount.--Eligibility for, and the 
     amount of, reimbursement under this section shall not be 
     conditioned on the presentation of the body of any animal for 
     which reimbursement is sought.
       ``(c) Limitation on Requirement to Present Body.--The 
     Secretary may not require the owner of livestock to present 
     the body of individual livestock as a condition of payment of 
     reimbursement under this section.
       ``(d) Use of Donations.--The Secretary may accept and use 
     donations of funds to pay reimbursement under this section.
       ``(e) Availability of Appropriations.--The requirement to 
     pay reimbursement under this section is subject to the 
     availability of funds for such payments.''.

     SEC. 17. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization.--The Endangered Species Act of 1973 is 
     further amended by adding at the end the following:


                   ``Authorization of appropriations

       ``Sec. 18. (a) In General.--There are authorized to be 
     appropriated to carry out this Act, other than section 
     8A(e)--
       ``(1) to the Secretary of the Interior to carry out 
     functions and responsibilities of the Department of the 
     Interior under this Act, such sums as are necessary for 
     fiscal years 2006 through 2010; and
       ``(2) to the Secretary of Agriculture to carry out 
     functions and responsibilities of the Department of the 
     Interior with respect to the enforcement of this Act and the 
     convention which pertain the importation of plants, such sums 
     as are necessary for fiscal year 2006 through 2010.
       ``(b) Convention Implementation.--There is authorized to be 
     appropriated to the Secretary of the Interior to carry out 
     section 8A(e) such sums as are necessary for fiscal years 
     2006 through 2010.''.
       (b) Conforming Amendment.--Section 8(a) (16 U.S.C. 1537(a)) 
     is amended by striking ``section 15'' and inserting ``section 
     18''.

     SEC. 18. MISCELLANEOUS TECHNICAL CORRECTIONS.

       (a) International Cooperation.--Section 8 (16 U.S.C. 1537) 
     is amended--
       (1) in subsection (a) in the first sentence by striking 
     ``any endangered species or threatened species listed'' and 
     inserting ``any species determined to be an endangered 
     species or a threatened species''; and
       (2) in subsection (b) in paragraph (1), by striking 
     ``endangered species and threatened species listed'' and 
     inserting ``species determined to be endangered species and 
     threatened species''.
       (b) Management Authority and Scientific Authority.--Section 
     8A (16 U.S.C. 1537a)) is amended--
       (1) in subsection (a), by striking ``of the Interior 
     (hereinafter in this section referred to as the 
     `Secretary')'';
       (2) in subsection (d), by striking ``Merchant Marine and 
     Fisheries'' and inserting ``Resources''; and
       (3) in subsection (e)--
       (A) in paragraph (1), by striking ``of the Interior 
     (hereinafter in this subsection referred to as the 
     `Secretary')''; and
       (B) by striking paragraph (3) and redesignating paragraph 
     (4) as paragraph (3).
       (c) Prohibited Acts.--Section 9 (16 U.S.C. 1538) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``of this Act, with respect to any 
     endangered species of fish or wildlife listed pursuant to 
     section 4 of this Act'' and inserting ``, with respect to any 
     species of fish or wildlife determined to be an endangered 
     species under section 4'';
       (B) in paragraph (1)(G), by striking ``threatened species 
     of fish or wildlife listed pursuant to section 4 of this 
     Act'' and inserting ``species of fish or wildlife determined 
     to be a threatened species under section 4'';
       (C) in paragraph (2), in the matter preceding subparagraph 
     (A) by striking ``of this Act, with respect to any endangered 
     species of plants listed pursuant to section 4 of this Act'' 
     and inserting ``, with respect to any species of plants 
     determined to be an endangered species under section 4''; and
       (D) in paragraph (2)(E), by striking ``listed pursuant to 
     section 4 of this Act'' and inserting ``determined to be a 
     threatened species under section 4'';
       (2) in subsection (b)--
       (A) by striking ``(1)'' before ``Species'' and inserting 
     ``(1)'' before the first sentence;
       (B) in paragraph (1), in the first sentence, by striking 
     ``adding such'' and all that follows through ``: Provided, 
     That'' and inserting ``determining such fish or wildlife 
     species to be an endangered species or a threatened species 
     under section 4, if''; and
       (C) in paragraph (1), in the second sentence, by striking 
     ``adding such'' and all that follows through ``this Act'' and 
     inserting ``determining such fish or wildlife species to be 
     an endangered species or a threatened species under section 
     4'';
       (3) in subsection (c)(2)(A), by striking ``an endangered 
     species listed'' and inserting ``a species determined to be 
     an endangered species'';
       (4) in subsection (d)(1)(A), by striking clause (i) and 
     inserting the following: ``(i) are not determined to be 
     endangered species or threatened species under section 4, 
     and'';
       (5) in subsection (e), by striking clause (1) and inserting 
     the following: ``(1) are not determined to be endangered 
     species or threatened species under section 4, and''; and
       (6) in subsection (f)--
       (A) in paragraph (1), in the first sentence, by striking 
     clause (A) and inserting the following: ``(A) are not 
     determined to be endangered species or threatened species 
     under section 4, and''; and
       (B) by striking ``Secretary of the Interior'' each place it 
     appears and inserting ``Secretary''.
       (d) Hardship Exemptions.--Section 10(b) (16 U.S.C. 1539(b)) 
     is amended--
       (1) in paragraph (1)--
       (A) by striking ``an endangered species'' and all that 
     follows through ``section 4 of this Act'' and inserting ``an 
     endangered species or a threatened species and the subsequent 
     determination that the species is an endangered species or a 
     threatened species under section 4'';
       (B) by striking ``section 9(a) of this Act'' and inserting 
     ``section 9(a)''; and
       (C) by striking ``fish or wildlife listed by the Secretary 
     as endangered'' and inserting ``fish or wildlife determined 
     to be an endangered species or threatened species by the 
     Secretary''; and
       (2) in paragraph (2)--
       (A) by inserting ``or a threatened species'' after 
     ``endangered species'' each place it appears; and
       (B) in subparagraph (B), by striking ``listed species'' and 
     inserting ``endangered species or threatened species''.
       (e) Permit and Exemption Policy.--Section 10(d) (16 U.S.C. 
     1539(d)) is amended--
       (1) by inserting ``or threatened species'' after 
     ``endangered species''; and
       (2) by striking ``of this Act''.
       (f) Pre-Act Parts and Scrimshaw.--Section 10(f) (16 U.S.C. 
     1539(f)) is amended--
       (1) by inserting after ``(f)'' the following: ``Pre-Act 
     Parts and Scrimshaw.--''; and

[[Page 21189]]

       (2) in paragraph (2), by striking ``of this Act'' each 
     place it appears.
       (g) Burden of Proof in Seeking Exemption or Permit.--
     Section 10(g) (16 U.S.C. 1539(g)) is amended by inserting 
     after ``(g)'' the following: ``Burden of Proof in Seeking 
     Exemption or Permit.--''.
       (h) Antique Articles.--Section 10(h)(1)(B) (16 U.S.C. 
     1539(h)(1)(B)) is amended by striking ``endangered species or 
     threatened species listed'' and inserting ``species 
     determined to be an endangered species or a threatened 
     species''.
       (i) Penalties and Enforcement.--Section 11 (16 U.S.C. 1540) 
     is amended in subsection (e)(3), in the second sentence, by 
     striking ``Such persons'' and inserting ``Such a person''.
       (j) Substitution of Gender-Neutral References.--
       (1) ``secretary'' for ``he''.--The following provisions are 
     amended by striking ``he'' each place it appears and 
     inserting ``the Secretary'':
       (A) Paragraph (4)(C) of section 4(b), as redesignated by 
     section 5(b)(2) of this Act.
       (B) Paragraph (5)(B)(ii) of section 4(b), as redesignated 
     by section 5(b)(2) of this Act.
       (C) Section 4(b)(7) (16 U.S.C. 1533(b)(7)), in the matter 
     following subparagraph (B).
       (D) Section 6 (16 U.S.C. 1535).
       (E) Section 8(d) (16 U.S.C. 1537(d)).
       (F) Section 9(f) (16 U.S.C. 1538(f)).
       (G) Section 10(a) (16 U.S.C. 1539(a)).
       (H) Section 10(b)(3) (16 U.S.C. 1539(b)(3)).
       (I) Section 10(d) (16 U.S.C. 1539(d)).
       (J) Section 10(e)(4) (16 U.S.C. 1539(e)(4)).
       (K) Section 10(f)(4), (5), and (8)(B) (16 U.S.C. 
     1599(f)(4), (5), (8)(B)).
       (L) Section 11(e)(5) (16 U.S.C. 1540(e)(5)).
       (2) ``president'' for ``he''.--Section 8(a) (16 U.S.C. 
     1537(a)) is amended in the second sentence by striking ``he'' 
     and inserting ``the President''.
       (3) ``secretary of the interior'' for ``he''.--Section 
     8(b)(3) (16 U.S.C. 1537(b)(3)) is amended by striking ``he'' 
     and inserting ``the Secretary of the Interior''.
       (4) ``person'' for ``he''.--The following provisions are 
     amended by striking ``he'' each place it appears and 
     inserting ``the person'':
       (A) Section 10(f)(3) (16 U.S.C. 1539(f)(3)).
       (B) Section 11(e)(3) (16 U.S.C. 1540(e)(3)).
       (5) ``defendant'' for ``he''.--The following provisions are 
     amended by striking ``he'' each place it appears and 
     inserting ``the defendant''.
       (A) Section 11(a)(3) (16 U.S.C. 1540(a)(3)).
       (B) Section 11(b)(3) (16 U.S.C. 1540(b)(3)).
       (6) References to ``him''.--
       (A) Section 4(c)(1) (16 U.S.C. 1533(c)(1)) is amended by 
     striking ``him or the Secretary of Commerce'' each place it 
     appears and inserting ``the Secretary''.
       (B) Paragraph (6) of section 4(b) (16 U.S.C. 1533(b)), as 
     redesignated by section 5(b)(2) of this Act, is further 
     amended in the matter following subparagraph (B) by striking 
     ``him'' and inserting ``the Secretary''.
       (C) Section 5(k)(2), as redesignated by section 9(a)(1) of 
     this Act, is amended by striking ``him'' and inserting ``the 
     Secretary''.
       (D) Section 7(a)(1) (16 U.S.C. 1536(a)(1)) is amended in 
     the first sentence by striking ``him'' and inserting ``the 
     Secretary''.
       (E) Section 8A(c)(2) (16 U.S.C. 1537a(c)(2)) is amended by 
     striking ``him'' and inserting ``the Secretary''.
       (F) Section 9(d)(2)(A) (16 U.S.C. 1538(d)(2)(A)) is amended 
     by striking ``him'' each place it appears and inserting 
     ``such person''.
       (G) Section 10(b)(1) (16 U.S.C. 1539(b)(1)) is amended by 
     striking ``him'' and inserting ``the Secretary''.
       (7) References to ``himself or herself''.--Section 11 (16 
     U.S.C. 1540) is amended in subsections (a)(3) and (b)(3) by 
     striking ``himself or herself'' each place it appears and 
     inserting ``the defendant''.
       (8) References to ``his''.--
       (A) Section 4(g)(1), as redesignated by section 8(1) of 
     this Act, is amended by striking ``his'' and inserting 
     ``the''.
       (B) Section 6 (16 U.S.C. 1535) is amended--
       (i) in subsection (d)(2) in the matter following clause 
     (ii) by striking ``his'' and inserting ``the Secretary's''; 
     and
       (ii) in subsection (e)(1), as designated by section 
     10(3)(A) of this Act, by striking ``his periodic review'' and 
     inserting ``periodic review by the Secretary''.
       (C) Section 7(a)(3) (16 U.S.C. 1536(a)(3)) is amended by 
     striking ``his'' and inserting ``the applicant's''.
       (D) Section 8(c)(1) (16 U.S.C. 1537(c)(1)) is amended by 
     striking ``his'' and inserting ``the Secretary's''.
       (E) Section 9 (16 U.S.C. 1538) is amended in subsection 
     (d)(2)(B) and subsection (f) by striking ``his'' each place 
     it appears and inserting ``such person's''.
       (F) Section 10(b)(3) (16 U.S.C. 1539(b)(3)) is amended by 
     striking ``his'' and inserting ``the Secretary's''.
       (G) Section 10(d) (16 U.S.C. 1539(d)) is amended by 
     striking ``his'' and inserting ``the''.
       (H) Section 11 (16 U.S.C. 1540) is amended--
       (i) in subsection (a)(1) by striking ``his'' and inserting 
     ``the Secretary's'';
       (ii) in subsections (a)(3) and (b)(3) by striking ``his or 
     her'' each place it appears and inserting ``the 
     defendant's'';
       (iii) in subsection (d) by striking ``his'' and inserting 
     ``the officer's or employee's'';
       (iv) in subsection (e)(3) in the second sentence by 
     striking ``his'' and inserting ``the person's''; and
       (v) in subsection (g)(1) by striking ``his'' and inserting 
     ``the person's''.

     SEC. 19. CLERICAL AMENDMENT TO TABLE OF CONTENTS.

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

``Sec. 5. Recovery plans and land acquisition.''

     ; and
       (2) by striking the items relating to sections 13 through 
     17 and inserting the following:

``Sec. 13. Private property conservation.
``Sec. 14. Public accessibility and accountability.
``Sec. 15. Marine Mammal Protection Act of 1972.
``Sec. 16. Annual cost analysis by United States Fish and Wildlife 
              Service.
``Sec. 17. Reimbursement for depredation of livestock by reintroduced 
              species.
``Sec. 18. Authorization of appropriations.''.

     SEC. 20. CERTAIN ACTIONS DEEMED IN COMPLIANCE.

       (a) Actions Deemed in Compliance.--During the period 
     beginning on the date of the enactment of this Act and ending 
     on the date described in subsection (b), any action that is 
     taken by a Federal agency, State agency, or other person and 
     that complies with the Federal Insecticide, Fungicide, and 
     Rodenticide Act (7 U.S.C. 136 et seq.) is deemed to comply 
     with sections 7(a)(2) and 9(a)(1)(B) of the Endangered 
     Species Act of 1973 (16 U.S.C. 1536(a)(2), 1538(a)(1)(B)) (as 
     amended by this Act) and regulations issued under section 
     4(d) of such Act (16 U.S.C. 1533(d)).
       (b) Termination Date.--The date referred to in subsection 
     (a) is the earlier of--
       (1) the date that is 5 years after the date of the 
     enactment of this Act; and
       (2) the date of the completion of any procedure required 
     under subpart D of part 402 of title 50, Code of Federal 
     Regulations, with respect to the action referred to in 
     subsection (a).
       (c) Limitation on Application.--This section shall not 
     affect any procedure pursuant to part 402 of title 50, Code 
     of Federal Regulations, that is required by any court order 
     issued before the date of the enactment of this Act.