[House Report 109-240]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-240

======================================================================



 
  PROVIDING FOR CONSIDERATION OF H.R. 3824, THREATENED AND ENDANGERED 
                      SPECIES RECOVERY ACT OF 2005

                                _______
                                

 September 28, 2005.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

Mr. Hastings of Washington, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 470]

    The Committee on Rules, having had under consideration 
House Resolution 470, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3824, the 
Threatened and Endangered Species Recovery Act of 2005, under a 
structured rule. The rule provides ninety minutes of general 
debate equally divided and controlled by the chairman and 
ranking minority member of the Committee on Resources.
    The rule waives all points of order against consideration 
of the bill. The rule provides that in lieu of the amendment 
recommended by the Committee on Resources now printed in the 
bill, the amendment in the nature of a substitute consisting of 
the text of the Resources Committee Print dated September 26, 
2005 shall be considered as an original bill for the purpose of 
amendment and shall be considered as read. The rule waives all 
points of order against that committee amendment in the nature 
of a substitute.
    The rule makes in order only those amendments printed in 
this report. The rule provides that the amendments printed in 
this report may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for a division 
of the question in the House or in the Committee of the Whole. 
The rule waives all points of order against the amendments 
printed in the report.
    Finally, the rule provides one motion to recommit with or 
without instructions.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill includes a waiver of clause 4(a) of rule XIII 
(requiring a three-day layover of the committee report) because 
the Committee on Resources filed its report (H. Rept. 109-237) 
with the House on Tuesday, September 27, 2005, and the bill may 
be considered by the House as early as Thursday, September 29, 
2005. The waiver of all points of order also includes a waiver 
of section 303 of the Congressional Budget Act of 1974 
(prohibiting consideration of legislation, as reported, 
providing new budget authority, change in revenues, change in 
public debt, new entitlement authority, or new credit authority 
for a fiscal year until the budget resolution for that year has 
been agreed to). It is important to note, however, that the 
delayed spending effects do not result from legislative design, 
but rather from the time required for the administrative agency 
to implement the program.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    1. Pombo: Manager's Amendment.--Makes a number of technical 
changes to clarify certain provisions and address issues 
concerning science, definition of ``jeopardy'', consolidation 
of ESA related programs, and review of protective regulations. 
Allows actions authorized under an approved Section 10 permit 
to be carried out without duplicative consultation. Prevents 
water stakeholders from being held accountable for impacts due 
to State actions. Requires the four Power Marketing 
Administrations to include ESA costs in their monthly billings. 
Directs the Secretary of Interior to survey certain federal 
lands to assess their value for report to Congress. Clarifies 
conflicting statutes to make ESA the governing statutory 
authority when receiving a dock building permit. (20 minutes)
    2. Miller, George (CA)/Boehlert/Dingell/Gilchrest/Dicks/
Saxton/Tauscher/Kirk: Amendment in the Nature of a 
Substitute.--Improves the use of science, providing certainty 
to landowners, providing flexibility on deadlines for listing 
species, creating a voluntary conservation program to promote 
species conservation on private lands, creating a technical 
assistance program to help small landowners, increasing the 
role of State and localities, ensuring accountability of the 
Department of Interior, ensuring that permit and license 
applicants fully participate in the consultations process, and 
requiring a balancing of risks in planning for species 
recovery. (60 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Pombo of California, or 
                 His Designee, Debatable for 20 Minutes

  Page 2, strike line 24, and all that follows through page 3, 
line 18, and insert the following:
  ``(C) In carrying out subparagraph (B), the Secretary shall 
undertake necessary measures to assure--
          ``(i) compliance with guidance issued under section 
        515 of the Treasury and General Government 
        Appropriations Act of 2001 (Public Law 106-554; 114 
        Stat. 2763A-171) by the Director of the Office of 
        Management and Budget and the Secretary;
          ``(ii) data consists of empirical data; or
          ``(iii) data is found in sources that have been 
        subject to peer review by qualified individuals 
        recommended by the National Academy of Sciences to 
        serve as independent reviewers for a covered action in 
        a generally acceptable manner.''.
  Page 4, strike lines 3 through 11, and redesignate the 
subsequent subsection accordingly.
  Page 4, after line 14, insert the following:
  (d) Conforming Amendment.--Section 3 (16 U.S.C. 1532) is 
further amended in paragraph (18), as redesignated by 
subsection (a) of this section, by striking ``Trust Territory 
of the Pacific Islands'' and inserting ``Commonwealth of the 
Northern Mariana Islands''.
  Page 6, after line 24, insert the following:
  (d) Analysis of Impacts and Benefits.--Section 4(a) (16 
U.S.C. 1533(a)), as amended by section 4(a) of this Act, is 
further amended by striking paragraph (3) and inserting the 
following:
  ``(4)(A) The Secretary shall, concurrently with making a 
determination under paragraph (1) that a species is an 
endangered species or a threatened species, prepare an analysis 
of--
          ``(i) the economic impact and benefit of that 
        determination;
          ``(ii) the impact and benefit on national security of 
        that determination; and
          ``(iii) any other relevant impact and benefit of that 
        determination.
  ``(B) Nothing in this paragraph shall delay the Secretary's 
decision or change the criteria used in making determinations 
under paragraph (1).''.
  Page 7, line 3, before the period insert ``, and redesignate 
paragraph (4) (as added by section 4(d) of this Act) as 
paragraph (3)''.
  Page 16, line 14, insert ``(A)'' after ``(2)''.
  Page 16, after line 19, insert the following:
  ``(B) Nothing in this paragraph shall be construed to affect 
the authority of the Secretary to issue any emergency 
regulation pursuant to section 4(b)(6).
  Page 19, line 4, after ``costs'' insert ``, including direct, 
indirect and cumulative costs,''.
  Page 20, line 5, strike ``by''.
  Page 24, beginning at line 3, strike ``to Ensure Consistency 
With Development Plan''.
  Page 27, line 24, after ``agreement'' insert ``from funds 
appropriated under section 18(a)(1)''.
  Page 33, after line 20, insert the following:
  ``(F) A species conservation contract agreement may list 
other Federal program payments that incidentally contribute to 
conservation of a listed species. The head of a Federal agency 
shall not use the payments for the purposes of implementing the 
species conservation contract agreement.
  Page 39, strike line 23 and all that follows through page 40, 
line 2, and insert the following:
                  ``(i) addresses or affects species that are 
                determined to be endangered species or 
                threatened species and the species were not 
                addressed or the effects were not considered 
                previously in the agreement; or
  Page 43, line 12, strike ``, under section 4'' and insert 
``determined''.
  Page 43, line 19, strike the close quotation mark and the 
following period, and after line 19, insert the following:
  ``(6) This subsection shall not apply to any agency action 
that may affect any species for which a permit is issued under 
section 10 for other than scientific purposes, if the action 
implements or is consistent with any conservation plan or 
agreement incorporated by reference in the permit.''.
  Page 49, beginning at line 15, strike ``offered by the 
Secretary pursuant to paragraph (2)(B)'' and insert 
``required''.
  Page 49, line 17, after ``taking'' insert ``or otherwise 
comply with the requirements of paragraph (2)(B)''.
  Page 49, line 18, after ``proportional'' insert ``in 
extent''.
  Page 53, line 22, strike ``requester'' and insert 
``requestor''.
  Page 56, line 14, strike ``10'' and insert ``5''.
  Page 56, beginning at line 15, strike ``date the Secretary 
provides notice of the withdrawal to the requestor'' and insert 
``date the requestor receives from the Secretary, by certified 
mail, notice of the withdrawal''.
  Page 56, line 19, insert ``or biological'' before 
``considerations''.
  Page 57, line 21, strike ``immediate'' and insert 
``imminent''.
  Page 57, after line 23, insert the following:
  (g) Exemption From Liability for Take of Listed Aquatic 
Species.--Section 10 (16 U.S.C. 1539) is amended by adding at 
the end the following:
  ``(n) Exemption From Liability for Take of Listed Aquatic 
Species.--The operator of a water storage reservoir, water 
diversion structure, canal, or other artificial water delivery 
facility shall not be in violation of section 9(a) by reason of 
any take of any aquatic species listed under section 4(c) that 
results from predation, competition, or other adverse effects 
attributable to recreational fishing programs managed by a 
State Agency in a river basin in which the water storage 
reservoir, water diversion structure, canal, or other 
artificial water delivery facility is located.''.
  Page 60, line 19, strike ``180'' and insert ``270''.
  Page 60, beginning at line 20, strike ``unresolved questions 
regarding the documentation of the foregone proposed use or''.
  Page 60, beginning at line 25, strike ``the documentation of 
the foregone use established under subsection (f) or''.
  Page 61, line 10, after ``mechanisms'' insert ``that would 
benefit the species''.
  Page 61, line 15, after ``documented'' insert ``to benefit 
the species''.
  Page 61, line 17, after ``use'' insert ``, which shall not 
include transfer of title''.
  Page 62, beginning at line 7, strike ``binding on the 
Secretary and the private property owner'' and insert ``the 
best and final offer by the Secretary''.
  Page 62, line 15, after ``for'' insert ``essentially''.
  Page 66, strike lines 21 through 26 and insert the following:
  ``(d) Authorization of Appropriations.--Payments under this 
section are subject to appropriations.''.
  At the end of the bill add the following:

SEC. 21. CONSOLIDATION OF PROGRAMS.

  (a) Transfer.--The President shall, by not later than one 
year after the date of enactment of this Act, transfer to the 
Secretary of the Interior all duties, resources, and 
responsibilities of the Secretary of Commerce under the 
Endangered Species Act of 1973 existing immediately before the 
enactment of this Act.
  (b) Conforming Amendment.--
          (1) Amendment.--Section 3 (16 U.S.C. 1532) is further 
        amended in paragraph (15) (relating to the definition 
        of ``Secretary'') by striking ``or the Secretary of 
        Commerce as program responsibilities are vested 
        pursuant to the provisions of Reorganization Plan 
        Numbered 4 of 1970''.
          (2) Effective date.--The amendment made by paragraph 
        (1) shall take effect one year after the date of the 
        enactment of this Act.
  (c) Report.--No later than 180 days after the date of 
enactment of this Act, the Secretary of the Interior and the 
Secretary of Commerce shall jointly submit to the Committee on 
Resources and the Committee on Appropriations of the House of 
Representatives, and the Committee on Environment and Public 
Works and the Committee on Appropriations of the Senate, a 
detailed description of the process by which the transfer of 
functions under the amendment made by subsection (a) shall be 
implemented.
  (d) Prior Determinations and Actions not Affected.--This 
section shall not affect any determination or action by the 
Secretary of Commerce made or taken, respectively, under the 
Endangered Species Act of 1973 before the date of the enactment 
of this Act, except that such determinations and actions shall 
be treated as determinations and actions, respectively, of the 
Secretary of the Interior.

SEC. 22. REVIEW OF PROTECTIVE REGULATIONS.

  The Secretary of the Interior shall--
          (1) review regulations issued before the date of the 
        enactment of this Act pursuant to section 4(d) of the 
        Endangered Species Act of 1973, in order to determine 
        whether revision of such regulations would be desirable 
        in order to facilitate and improve cooperation with the 
        States pursuant to section 6 of such Act; and
          (2) report to the Committee on Resources of the House 
        of Representatives and the Committee on Environment and 
        Public Works of the Senate regarding the findings of 
        such review.

SEC. 23. PROVISION OF INFORMATION REGARDING COMPLIANCE COSTS OF FEDERAL 
                    POWER ADMINISTRATIONS.

  (a) Customer Billings.--The Administrator of the Bonneville 
Power Administration, the Western Area Power Administration, 
the Southwestern Power Administration, and the Southeastern 
Power Administration shall each include in monthly firm power 
customer billings sent to each customer information identifying 
and reporting such customer's share of the Federal power 
marketing and generating agencies' direct and indirect costs 
incurred by such administration related to compliance with the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and 
activities related to such Act.
  (b) Direct Costs.--In identifying and reporting direct costs, 
each Administrator shall include Federal agency obligations 
related to study-related costs, capital, operation, 
maintenance, and replacement costs, and staffing costs.
  (c) Indirect Costs.--In identifying and reporting indirect 
costs, each Administrator shall include foregone generation and 
replacement power costs.
  (d) Coordination.--Each Administrator shall coordinate 
identification of costs under this subsection with the 
appropriate Federal power generating agencies.

SEC. 24. SURVEY OF BLM LANDS AND FOREST SERVICE LANDS FOR MANAGEMENT 
                    FOR RECOVERY OF LISTED SPECIES.

  (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary of the Interior shall--
          (1) survey all lands under the administrative 
        jurisdiction of the Bureau of Land Management and all 
        lands under the administrative jurisdiction Forest 
        Service immediately before the enactment of this Act, 
        for the purpose of assessing the value of such lands 
        for management for the recovery of any species included 
        in a list published under section 4(c) of the 
        Endangered Species Act of 1973 and for addition to the 
        National Wildlife Refuge System; and
          (2) make recommendations to the Congress for managing 
        any such lands as are appropriate as part of the 
        National Wildlife Refuge System.
  (b) Limitation on Transfers.--The Secretary of the Interior 
may not transfer administrative jurisdiction pursuant to any 
recommendation under subsection (a)(2) except as authorized by 
a statute enacted after the date of the enactment of this Act.

SEC. 25. RELATIONSHIP BETWEEN SECTION 7 CONSULTATION AND INCIDENT TAKE 
                    AUTHORIZATION UNDER MARINE MAMMAL PROTECTION ACT OF 
                    1972.

  Consultation under section 7 of the Endangered Species Act of 
1973 (16 U.S.C. 1536) is equivalent to a section 101 incidental 
take authorization required under the Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1631 et seq.) for receiving dock 
building permits.
                              ----------                              


   2. An Amendment To Be Offered by Representative George Miller of 
         California, or His Designee, Debatable for 60 Minutes

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment references.
Sec. 3. Definitions.
Sec. 4. Determinations of endangered species and threatened species.
Sec. 5. Repeal of critical habitat requirements.
Sec. 6. Petitions and procedures for determinations and revisions.
Sec. 7. Reviews of listings and determinations.
Sec. 8. Protective regulations.
Sec. 9. Secretarial guidelines; State comments.
Sec. 10. Recovery plans and land acquisitions.
Sec. 11. Cooperation with States and Indian tribes.
Sec. 12. Interagency cooperation and consultation.
Sec. 13. Exceptions to prohibitions.
Sec. 14. Private property conservation.
Sec. 15. Public accessibility and accountability.
Sec. 16. Annual cost analyses.
Sec. 17. Reimbursement for depredation of livestock by reintroduced 
          species.
Sec. 18. Authorization of appropriations.
Sec. 19. Miscellaneous technical corrections.
Sec. 20. Establishment of Science Advisory Board.
Sec. 21. Clerical amendment to table of contents.

  (b) Short Title.--This Act may be cited as the ``Threatened 
and Endangered Species Recovery Act of 2005''.

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) The term `best available scientific data' means data 
and analyses, regardless of source, produced by scientifically 
accepted methods and procedures 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 meet scientifically 
accepted standards of objectivity, accuracy, reliability, and 
relevance. For the purpose of this paragraph, the term 
`scientifically accepted' means those methods, procedures, and 
standards that are widely used within the relevant fields of 
science, including wildlife biology and management.''.
  (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 to 
engage in an action that, directly or indirectly, makes it less 
likely that a threatened species or an endangered species will 
be brought to the point at which measures provided pursuant to 
this Act are no longer necessary, is likely to significantly 
delay doing so, or is likely to significantly increase the cost 
of doing so.''.
  (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)(2) 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, 
        including 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.''.
  (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 be proposed for--
                          ``(I) removal from such list;
                          ``(II) change in status from an 
                        endangered species to a threatened 
                        species; or
                          ``(III) change 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 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.
          (2) Section 4(b) (16 U.S.C. 1533(b)) is further 
        amended in paragraph (2), as redesignated by paragraph 
        (1) of this subsection, by striking subparagraph (D).
          (3) Section 4(b) (16 U.S.C. 1533(b)) is further 
        amended in paragraph (4), as redesignated by paragraph 
        (1) 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)''.
          (4) Section 4(b) (16 U.S.C. 1533(b)) is further 
        amended in paragraph (7), as redesignated by paragraph 
        (1) of this subsection, by striking ``; and if such 
        regulation'' and all that follows through the end of 
        the sentence and inserting a period.
          (5) 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,''.
          (6) 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)''.
          (7) 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)''.
          (8) 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''.
          (9) 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.--
          (1) In general.--Section 4(b) (16 U.S.C. 1533(b)) is 
        amended in paragraph (2), as redesignated by section 
        5(b)(1) 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.''
          (2) Additional data.--Section 4(b) is further amended 
        in paragraph (2), as redesignated by section 5(b)(1) of 
        this Act, in subparagraph (A) by adding at the end the 
        following: ``If the Secretary finds with respect to a 
        petition under this subparagraph, that there is 
        substantial disagreement regarding the sufficiency or 
        accuracy of the available data relevant to the 
        petitioned action, the Secretary, in consultation with 
        the States, may for the purpose of seeking additional 
        data postpone making a finding under this subsection by 
        no more than 18 months.''.
          (3) Prioritization allowed.--Section 4(b) is further 
        amended in paragraph (2), as redesignated by section 
        5(b)(1) of this Act, in subparagraph (B)(iii) by 
        amending subclause (I) to read as follows:
                  ``(I) the immediate proposal and timely 
                promulgation of a final regulation implementing 
                the petitioned action in accordance with 
                paragraphs (5) and (6) is precluded within 
                current fiscal year funding by higher priority 
                pending proposals determined by the Secretary 
                to involve species at greater risk of 
                extinction, and''.
  (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,'';
                          (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 not protected by 
        copyright 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 not protected by copyright 
        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'' 
                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 the following as applicable:
          ``(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) 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. PROTECTIVE REGULATIONS.

  Section 4(d) (16 U.S.C. 1533(d)) is amended by--
          (1) inserting ``(1)'' before ``Whenever'';
          (2) inserting ``in consultation with the States'' 
        after ``the Secretary shall''; and
          (3) adding at the end the following new paragraphs:
  ``(2) Each regulation published under this subsection after 
the enactment of the Threatened and Endangered Species Recovery 
Act of 2005 shall be accompanied with a statement by the 
Secretary of the reason or reasons for applying any particular 
prohibition to the threatened species.
  ``(3) A regulation issued under this subsection after the 
enactment of the Threatened and Endangered Species Recovery Act 
of 2005 may apply to more than one threatened species only if 
the specific threats to, and specific biological conditions and 
needs of, the species are identical, or sufficiently similar, 
to warrant the application of identical prohibitions.
  ``(4) The Secretary may review regulations issued under this 
subsection prior to the enactment of the Threatened and 
Endangered Species Recovery Act of 2005. A species afforded 
protections by any such regulation shall continue to be 
afforded those protections until such time as the Secretary 
shall review the regulations issued prior to the enactment of 
the Threatened and Endangered Species Recovery Act of 2005 as 
they pertain to that species.''.

SEC. 9. SECRETARIAL GUIDELINES; STATE COMMENTS.

  Section 4 (16 U.S.C. 1533) is amended--
          (1) by striking subsections (f) and (g) and 
        redesignating subsections (h) and (i) as subsections 
        (f) and (g), respectively;
          (2) in subsection (f), as redesignated by paragraph 
        (1) of this subsection--
                  (A) in the heading by striking ``Agency'' and 
                inserting ``Secretarial'';
                  (B) in the matter preceding paragraph (1), by 
                striking ``the purposes of this section are 
                achieved'' and inserting ``this section is 
                implemented'';
                  (C) by redesignating paragraph (4) as 
                paragraph (5);
                  (D) 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. 10. RECOVERY PLANS AND LAND ACQUISITIONS.

  (a) In General.--Section 5 (16 U.S.C. 1534) is amended--
          (1) by redesignating subsections (a) and (b) as 
        subsections (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 
conservation of 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 3 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 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 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.
  ``(5) The Secretary, using the priority ranking system 
required under paragraph (3), shall revise such plans within 10 
years after the date of enactment of the Threatened and 
Endangered Species Recovery Act of 2005.
  ``(6) In development of recovery plans, the Secretary shall 
use comparative risk assessments, if appropriate, to consider 
and analyze the short-term and long-term consequences of 
alternative recovery strategies.
  ``(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 publicly owned 
        areas of land or water that are necessary to achieve 
        the purpose of the recovery plan under subsection (a), 
        and, if such species is unlikely to be conserved on 
        such areas, such other areas as are necessary to 
        achieve the purpose of the recovery plan.
  ``(B) The Secretary may at the time of listing or at any time 
prior to the approval of a recovery plan for a species issue 
such guidance as the Secretary considers appropriate to assist 
Federal agencies, State agencies, and other persons in 
complying with the requirements of this Act by identifying 
either particular types of activities or particular areas of 
land or water within which those or other activities may impede 
the conservation of the species.
  ``(C) In specifying measures in a recovery plan under 
subparagraph (A), the Secretary shall--
          ``(i) whenever possible include alternative measures; 
        and
          ``(ii) in developing such alternative measures, seek 
        to identify, among such alternative measures of 
        comparable expected efficacy and timeliness, the 
        alternative measures that are least costly.
  ``(2) In the case of any species for which critical habitat 
has been designated prior to the enactment of the Threatened 
and Endangered Species Recovery Act of 2005, and for which no 
recovery plan has been developed or revised after the enactment 
of such Act, the Secretary shall treat the critical habitat of 
the species 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)(4). In determining, pursuant to section 7(a)(2), whether an 
agency action is likely to jeopardize the continued existence 
of an endangered species or threatened species, the Secretary 
shall consider the effects of the action on any areas 
identified pursuant to subsection (b)(4).
  ``(d) Recovery Teams.--(1) The Secretary shall promulgate 
regulations that provide for the establishment of recovery 
teams that may advise the Secretary in the development of 
recovery plans under this section. The recovery teams may help 
the Secretary ensure that recovery plans are scientifically 
rigorous and that the evaluation of costs required by paragraph 
(1)(A)(iii) of subsection (c) are economically rigorous.
  ``(2) Such regulations shall--
          ``(A) establish criteria and the process for 
        selecting the members of recovery teams 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 scientists with relevant expertise and 
                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; and
          ``(B) include provisions regarding operating 
        procedures of and recordkeeping by recovery teams.
  ``(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 and any Indian 
tribe 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 and to any 
comments submitted by the Governor on behalf of a regional or 
local land use agency in the Governor's State.
  ``(h) Indian Tribe Defined.--For purposes of this Act, the 
term `Indian tribe' means--
  ``(1) with respect to the 48 contiguous States, any federally 
recognized Indian tribe, organized band, pueblo, or community; 
and
  ``(2) 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) 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.
  ``(B) Each such agreement shall be published in draft form 
with notice and an opportunity for public comment.
  ``(C) 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.
  ``(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) 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. 11. 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 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.
  ``(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.
  ``(3) The Secretary may suspend any cooperative agreement 
established pursuant to subsection (c), after consultation with 
the Governor of the affected State, if the Secretary finds 
during the periodic review required by paragraph (1) of this 
subsection that the agreement no longer constitutes an adequate 
and active program for the conservation of endangered species 
and threatened species.
  ``(4) The Secretary may terminate any cooperative agreement 
entered into by the Secretary under subsection (c), after 
consultation with the Governor of the affected State, if--
          ``(A) as result of the procedures of section 7(a)(2) 
        through (d) undertaken pursuant to paragraph (2) of 
        this subsection, the Secretary determines that 
        continued implementation of the cooperative agreement 
        is likely to jeopardize the continued existence of 
        endangered species or threatened species, and the 
        cooperative agreement is not amended or revised to 
        incorporate a reasonable and prudent alternative 
        offered by the Secretary pursuant to section 7(b)(3); 
        or
          ``(B) the cooperative agreement has been suspended 
        under paragraph (3) of this subsection and has not been 
        amended or revised and found by the Secretary to 
        constitute an adequate and active program for the 
        conservation of endangered species and threatened 
        species within 180 days after the date of the 
        suspension.''.

SEC. 12. INTERAGENCY COOPERATION AND CONSULTATION.

  (a) Consultation Requirement.--Section 7(a) (16 U.S.C. 
1536(a)) is amended--
          (1) in paragraph (1) in the second sentence, by 
        striking ``endangered species'' and all that follows 
        through the end of the sentence and inserting ``species 
        determined to be endangered species and threatened 
        species under section 4.'';
          (2) in paragraph (2)--
                  (A) in the first sentence by striking 
                ``action'' the first place it appears and all 
                that follows through ``is not'' and inserting 
                ``agency action authorized, funded, or carried 
                out by such agency is not'';
                  (B) in the second sentence, by striking 
                ``best scientific and commercial data 
                available'' and inserting ``best available 
                scientific data''; and
                  (C) by adding at the end the following: ``In 
                fulfilling the requirements of this paragraph, 
                the Secretary shall take into account whether 
                the adverse impacts to individuals of a species 
                are outweighed by any conservation benefits to 
                the species as a whole.''.
          (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''.
  (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 no more than necessary to offset 
the impact of the incidental taking identified pursuant to 
paragraph (4) in the written statement prepared under paragraph 
(3).
  ``(B) If various terms and conditions are available to comply 
with paragraph (4)(B)(iv), the terms and conditions set forth 
pursuant to that paragraph--
          ``(i) must be capable of successful implementation; 
        and
          ``(ii) must be consistent with the objectives of the 
        Federal agency and the permit or license applicant, if 
        any, to the greatest extent possible.''.
  (c) Biological Assessments.--Section 7(c) (16 U.S.C. 1536(c)) 
is amended--
          (1) 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
          (2) in the second sentence, by striking ``best 
        scientific and commercial data available'' and 
        inserting ``best available scientific data''.
  (d) Modification of an Endangered Species Committee 
Process.--Section 7 (16 U.S.C. 1536) is amended--
          (1) by repealing subsection (j);
          (2) by redesignating the remaining subsections 
        accordingly; and
          (3) in subsection (o), as redesignated by paragraph 
        (2) of this subsection--
                  (A) in the first sentence, by striking ``is 
                authorized'' and all that follows through ``of 
                this section'' and inserting ``may exempt an 
                agency action from compliance with the 
                requirements of subsections (a) through (d) of 
                this section before the initiation of such 
                agency action,''; and
                  (B) by striking the second sentence.

SEC. 13. EXCEPTIONS TO PROHIBITIONS.

  (a) Incidental Take Permits.--Section 10(a)(2) (16 U.S.C. 
1539(a)(2)) is amended--
          (1) in subparagraph (A) by striking ``and'' after the 
        semicolon at the end of clause (iii), by redesignating 
        clause (iv) as clause (vii), and by inserting after 
        clause (iii) the following:
          ``(iv) objective, measurable biological goals to be 
        achieved for species covered by the plan and specific 
        measures for achieving such goals 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 no more than necessary to offset the 
impact of the incidental taking specified in the conservation 
plan pursuant to in paragraph (2)(A)(i).
  ``(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.
  ``(F) If the Secretary determines that a conservation plan 
under this subsection reasonably can be expected to fail to 
achieve the goals specified under paragraph (2)(A)(iv), the 
Secretary shall, at the Secretary's expense, implement remedial 
conservation measures. Nothing in the preceding sentence shall 
be construed to allow the Secretary to require the holder of a 
permit issued under this subsection to undertake any additional 
measures without the consent of the holder.
  ``(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 as to 
whether a proposed use of the owner's property that is lawful 
under State and local law will require a permit under section 
10(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 require a 
permit under section 10(a), by not later than 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) At the end of each fiscal year, the Secretary shall 
transmit a report to the Congress listing the requests to which 
the Secretary did not provide a requestor a timely response 
under paragraph (5)(A) or (B), the status of those requests at 
the time of transmittal of the report, and an explanation for 
the circumstances that prevented the Secretary from providing 
any such requestor with a timely response.
  ``(7) This subsection shall not apply with respect to agency 
actions that are subject to consultation under section 7.''.
  (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 the President finds 
that such exemption is necessary for national security.''.

SEC. 14. PRIVATE PROPERTY CONSERVATION.

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

                ``PRIVATE PROPERTY CONSERVATION PROGRAM

  ``Sec. 13. (a) Establishment of Program.--
          ``(1) Requirement.--The Secretary shall establish a 
        Private Property Conservation Program to improve the 
        habitat and promote the conservation, on private lands, 
        of endangered species, threatened species, and species 
        that are candidates to be determined to be endangered 
        species or threatened species.
          ``(2) Agreements authorized.--The Secretary may enter 
        into an agreement with a private property owner under 
        which the Secretary shall, subject to appropriations, 
        make annual or other payments to the person to 
        implement the agreement.
          ``(3) Contents.--Any agreement the Secretary enters 
        into under this section shall--
                  ``(A) specify a management plan that the 
                private property owner shall commit to 
                implement on the property of the private 
                property owner, including--
                          ``(i) an identification of the 
                        species and habitat covered by the 
                        plan;
                          ``(ii) a finding by the Secretary 
                        that the land to which the agreement 
                        applies is appropriate for the species 
                        and habitat covered by the agreement;
                          ``(iii) a description of the 
                        activities the private property owner 
                        shall undertake to conserve the species 
                        and to create, restore, enhance, or 
                        protect habitat; and
                          ``(iv) a description of the existing 
                        or future economic activities on the 
                        land to which the agreement applies 
                        that are compatible with the goals of 
                        the program.
                  ``(B) specify the terms of the agreement, 
                including--
                          ``(i) the terms of payment to be 
                        provided by the Secretary to the 
                        private property owner;
                          ``(ii) a description of any technical 
                        assistance the Secretary will provide 
                        to the private property owner to 
                        implement the management plan;
                          ``(iii) the terms and conditions 
                        under which the Secretary and the 
                        private property owner mutually agree 
                        that the agreement may be modified or 
                        terminated;
                          ``(iv) acts or omissions by the 
                        Secretary or the private property owner 
                        that shall be considered violations of 
                        the agreement, and procedures under 
                        which notice and an opportunity to 
                        remedy any violation by the private 
                        property owner shall be given;
                          ``(v) a finding by the Secretary that 
                        the private property owner owns the 
                        land to which the agreement applies or 
                        has sufficient control over the use of 
                        such land to ensure implementation of 
                        agreement; and
                          ``(vi) such other duties of the 
                        Secretary and of the private property 
                        owner as are appropriate.
          ``(4) Cost share.--The Secretary may provide up to 70 
        percent of the cost to implement the management plan 
        under the terms of the agreement.
          ``(5) Priority.--In entering into agreements under 
        this section, the Secretary shall give priority to 
        those agreements--
                  ``(A) that apply to areas identified under 
                section 5(c)(1)(A)(iv); and
                  ``(B) reasonably can be expected to achieve 
                the greatest benefit for the conservation of 
                the species covered by the agreement relative 
                to the total amount of funds to be expended to 
                implement the agreement.
          ``(6) Technical assistance.--Any State agency, local 
        government, nonprofit organization, or federally 
        recognized Indian tribe may provide technical 
        assistance to a private property owner 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.
          ``(7) Transfer of property.--Upon any conveyance or 
        other transfer of interest in land that is subject to 
        an agreement under this section
                  ``(A) 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 
                not later than 30 days after the date of the 
                conveyance or other transfer;
                  ``(B) the agreement shall terminate if the 
                agreement does not continue in effect under 
                subparagraph (A); and
                  ``(C) the person to whom the land or interest 
                is conveyed or otherwise transferred may seek a 
                new agreement under this section.
          ``(8) Model form of agreement.--Not later than 1 year 
        after the date of the enactment of the Threatened and 
        Endangered Species Act of 2005, the Secretary shall 
        establish a model form of agreement that a person may 
        enter into with the Secretary under this section.
          ``(9) Voluntary program.--
                  ``(A) Agreements may not be required.--The 
                Secretary, or any other Federal official, may 
                not require a person to enter into an agreement 
                under this section as a term or condition of 
                any right, privilege, or benefit, or of any 
                action or refraining from any action, under 
                this or any other law.
                  ``(B) Requirements under laws and permits.--
                None of the activities otherwise required by 
                law or by the terms of any permit may be 
                included in any agreement under this section.
          ``(10) Relationship to habitat conservation plans.--
        The Secretary may consider an agreement under this 
        subsection that applies to an endangered species or 
        threatened species in determining the adequacy of a 
        conservation plan for the purpose of section 10(a)(2).
  ``(b) Technical Assistance Program for Small Landowners.--
          ``(1) In general.--The Secretary shall establish a 
        program to offer technical assistance to owners of 
        private property seeking guidance on the conservation 
        of endangered species or threatened species, or species 
        that are candidates for being determined to be 
        endangered species or threatened species.
          ``(2) Allowable activities.--Upon request, the 
        Secretary may provide technical assistance to an owner 
        of private property for the purpose of--
                  ``(A) helping to prepare and implement a 
                conservation agreement under subsection (a);
                  ``(B) training the managers of private 
                property in best practices to conserve species 
                and create, restore, enhance, and protect 
                habitat for species;
                  ``(C) helping to prepare an application for a 
                permit and a conservation plan under section 
                10(a); and
                  ``(D) any other purpose the Secretary 
                determines is appropriate to meet the goals of 
                the program under subsection (a).
          ``(3) Priority.--The Secretary shall give priority in 
        offers of technical assistance to owners of private 
        property that the Secretary determines cannot 
        reasonably be expected to afford adequate technical 
        assistance.
          ``(4) Funding for program.--For any year for which 
        funds are appropriated to carry out this Act, 10 
        percent shall be for carrying out this subsection, 
        unless the Secretary determines for any fiscal year 
        that a smaller percentage is sufficient and submits a 
        report to the Congress containing the percentage and an 
        explanation of the basis for the determination.''.

SEC. 15. PUBLIC ACCESSIBILITY AND ACCOUNTABILITY.

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

               ``PUBLIC ACCESSIBILITY AND ACCOUNTABILITY

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

SEC. 16. ANNUAL COST ANALYSES.

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

   ``ANNUAL COST ANALYSIS BY UNITED STATES FISH AND WILDLIFE SERVICE

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

SEC. 17. 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) Use of Donations.--The Secretary may accept and use 
donations of funds to pay reimbursement under this section.
  ``(c) Availability of Appropriations.--The requirement to pay 
reimbursement under this section is subject to the availability 
of funds for such payments.''.

SEC. 18. 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. 19. MISCELLANEOUS TECHNICAL CORRECTIONS.

  (a) International Cooperation.--Section 8 (16 U.S.C. 1537) is 
amended--
          (1) in subsection (a) in the first sentence by 
        striking ``any endangered species or threatened species 
        listed'' and inserting ``any species determined to be 
        an endangered species or a threatened species''; and
          (2) in subsection (b) in paragraph (1), by striking 
        ``endangered species and threatened species listed'' 
        and inserting ``species determined to be endangered 
        species and threatened species''.
  (b) Management Authority and Scientific Authority.--Section 
8A (16 U.S.C. 1537a)) is amended--
          (1) in subsection (a), by striking ``of the Interior 
        (hereinafter in this section referred to as the 
        `Secretary')'';
          (2) in subsection (d), by striking ``Merchant Marine 
        and Fisheries'' and inserting ``Resources''; and
          (3) in subsection (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
          (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. 20. ESTABLISHMENT OF SCIENCE ADVISORY BOARD.

  The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
is further amended by adding at the end the following:

                        ``SCIENCE ADVISORY BOARD

  ``Sec. 19.
  ``(a) In General.--Within 12 months after the date of the 
enactment of the Threatened and Endangered Species Recovery Act 
of 2005, the Secretary of Interior, through the Director of the 
United States Fish and Wildlife Service, shall establish a 
Science Advisory Board (in this section referred to as the 
`Board') to provide such scientific advice as may be requested 
by the Secretary to assist in the evaluation of the use of 
science in implementing this Act, including in the development 
of policies and procedures pertaining to the use of scientific 
information.
  ``(b) Composition.--The Board shall each consist of 9 members 
appointed by the Secretary of the Interior from a list of 
nominees recommended by the National Academy of Sciences, 
utilizing a system of staggered 3-year terms of appointment. 
One member shall be elected by the members of the Board as its 
Chairman. Members of the Board shall be selected on the basis 
of their professional qualifications in the areas of ecology, 
fish and wildlife management, plant ecology, or natural 
resource conservation. Members of the Board shall not hold 
another office or position in the Federal Government. If a 
vacancy occurs on the Board due to expiration of a term, 
resignation, or any other reason, each replacement shall be 
selected by the Secretary from a group of at least 4 nominees 
recommended by the National Academy of Sciences. The Secretary 
may extend the term of a Board member until the new member is 
appointed to fill the vacancy. If a vacancy occurs due to 
resignation, or reason other than expiration of a term, the 
Secretary shall appoint a member to serve during the unexpired 
term utilizing the nomination process set forth in this 
subsection. The Secretary shall publish in the Federal Register 
the name, business address, and professional affiliations of 
each appointee.
  ``(c) Compensation.--Each member of the Board shall receive 
per diem compensation at a rate not in excess of that fixed for 
GS-15 of the General Schedule as may be determined by the 
Secretary of the Interior.
  ``(d) Staff.--Upon the recommendation of the Board, the 
Secretary of the Interior shall make available employees as 
necessary to exercise and fulfill the Board's responsibilities. 
''.

SEC. 21. 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 program.
``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. 19. Science Advisory Board.''.

                                  
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