I

106TH CONGRESS

1ST SESSION H. R. 960

To amend the Endangered Species Act of 1973 to ensure the recovery of

our Nation’s declining biological diversity; to reaffirm and strengthen

this Nation’s commitment to protect wildlife; to safeguard our children’s

economic and ecological future; and to provide assurances to local governments, communities, and individuals in their planning and economic

development efforts.

IN THE HOUSE OF REPRESENTATIVES

MARCH 3, 1999

Mr. GEORGE MILLER of California (for himself, Mr. LEWIS of Georgia, Mr.

HOLT, Mr. SHERMAN, Mr. DELAHUNT, Mr. ACKERMAN, Mr. TIERNEY,

Mr. GUTIERREZ, Mr. HINCHEY, Mr. BLAGOJEVICH, Mr. PASCRELL, Mr.

FARR of California, Ms. DEGETTE, Mr. FRANK of Massachusetts, Mr.

MCDERMOTT, Mr. MCNULTY, Ms. KILPATRICK, Mr. GEJDENSON, Ms.

ESHOO, Mr. BORSKI, Mr. OLVER, Mr. CARDIN, Ms. DELAURO, Mr. ANDREWS, Mr. ABERCROMBIE, Mr. BROWN of Ohio, Ms. PELOSI, Ms. RIVERS, Mr. CLAY, Mr. DEFAZIO, Mr. RAHALL, Mr. NADLER, Mr.

PALLONE, Mr. SHAYS, Mr. BERMAN, Mr. LEVIN, Mr. WEXLER, Ms.

MILLENDER-MCDONALD, Mr. CROWLEY, Mr. HASTINGS of Florida, Mr.

MARKEY, Mr. WAXMAN, Mr. DAVIS of Illinois, Mr. MORAN of Virginia,

Mr. BLUMENAUER, Mr. BARRETT of Wisconsin, Ms. WOOLSEY, Mr.

FORBES, Mr. ALLEN, Mr. SANDERS, Mr. MEEHAN, Mr. WYNN, Mrs.

JOHNSON of Connecticut, Mr. SABO, Mr. MCGOVERN, Mr. STARK, Mr.

PAYNE, Mr. DICKS, Mr. BONIOR, Mr. HOEFFEL, Mr. CAPUANO, Ms.

MCCARTHY of Missouri, Mrs. LOWEY, Ms. WATERS, Mr. MALONEY of

Connecticut, Ms. BALDWIN, Mr. MOORE, and Mr. FALEOMAVAEGA) introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
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A BILL

To amend the Endangered Species Act of 1973 to ensure

the recovery of our Nation’s declining biological diversity;

to reaffirm and strengthen this Nation’s commitment

to protect wildlife; to safeguard our children’s economic

and ecological future; and to provide assurances to local

governments, communities, and individuals in their planning and economic development efforts.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; AMEND4 MENT REFERENCES.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Endangered Species Recovery Act of 1999’’.

7 (b) TABLE OF CONTENTS.—The table of contents of

8 this Act is as follows:

Sec. 1. Short title; table of contents; amendment references.

Sec. 2. Findings.

TITLE I—AMENDMENTS TO ENDANGERED SPECIES ACT OF 1973

Sec. 101. Definitions.

Sec. 102. Designation of critical habitat and survival habitat.

Sec. 103. Schedule for listing determinations.

Sec. 104. Contents of listing petitions.

Sec. 105. Recovery planning.

Sec. 106. Cooperative agreements.

Sec. 107. Interagency cooperation.

Sec. 108. Permits and conservation plans.

Sec. 109. Citizen suits.

Sec. 110. Natural resource damage liability.

TITLE II—TAX INCENTIVES

Sec. 201. Endangered species conservation agreements.

Sec. 202. Deferral of estate taxes for real property subject to endangered species conservation agreement.
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Sec. 203. Additional deduction for certain State and local real property taxes

imposed with respect to property subject to an endangered species conservation agreement.

Sec. 204. Credit for costs of compliance with endangered species conservation

agreement.

TITLE III—AUTHORIZATION OF APPROPRIATIONS

Sec. 301. Authorization of appropriations.

1 (c) AMENDMENT OF ENDANGERED SPECIES ACT OF

2 1973.—Except as otherwise expressly provided, whenever

3 in this Act an amendment or repeal is expressed in terms

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a

6 section or other provision of the Endangered Species Act

7 of 1973 (16 U.S.C. 1531 et seq.).

8 SEC. 2. FINDINGS.

9 The Congress finds and declares the following:

10 (1) The American public recognizes the impor11 tance of protecting the natural environmental legacy

12 of this Nation.

13 (2) It is only through the protection of all spe14 cies of plants and animals and the ecosystems upon

15 which they depend that we will conserve a world for

16 our children with the spiritual, medicinal, agricul17 tural, and economic benefits that plants and animals

18 offer. Moreover, we have a moral responsibility not

19 to drive other species to extinction.
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1 (3) We are rapidly proceeding in a manner that

2 will deny a world of abundant, varied species to fu3 ture generations.

4 (4) Although the Endangered Species Act of

5 1973 has prevented the extinction of many animal,

6 plant, and fish species, many of these species have

7 not fully recovered and the Act must ensure their

8 long-term survival and recovery.

9 (5) Federal agencies and others should act to

10 protect declining species before they need the full

11 application of the Endangered Species Act of 1973.

12 (6) All members of the public have a right to

13 be involved in the decisions made to protect biodiver14 sity.

15 (7) To avoid extinction in the wild, habitats

16 must be conserved by using the best available

17 science.

18 (8) Only by taking actions that implement the

19 existing recovery goal of the Endangered Species Act

20 of 1973 can we ensure that species will eventually be

21 removed from the lists of endangered species and

22 threatened species.

23 (9) We can provide assurances for communities,

24 local governments, and private landowners that will

25 enable them to move forward with planning and eco-
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1 nomic development efforts while still protecting spe2 cies.

3 TITLE I—AMENDMENTS TO EN4 DANGERED SPECIES ACT OF

5 1973

6 SEC. 101. DEFINITIONS.

7 Section 3 (16 U.S.C. 1532) is amended—

8 (1) by amending paragraph (5) to read as fol9 lows:

10 ‘‘(5) The term ‘critical habitat’ for a threatened or

11 endangered species includes—

12 ‘‘(A) the specific areas within the geographic

13 area occupied by the species, at the time it is listed

14 in accordance with the provisions of section 4 of this

15 Act, on which are found those physical or biological

16 features (i) essential to the conservation of the spe17 cies, and (ii) which may require special management

18 considerations or protections; and

19 ‘‘(B) specific areas outside the geographical

20 area occupied by the species at the time it is listed

21 in accordance with the provisions of section 4 of the

22 Act, upon a determination by the Secretary that

23 such areas are essential for the conservation of the

24 species.’’;
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1 (2) by amending paragraph (16) to read as fol2 lows:

3 ‘‘(16) The term ‘species’ includes any subspecies of

4 fish or wildlife or plants, any distinct population segment

5 of any species of vertebrate fish or wildlife which inter6 breeds when mature, and the last remaining distinct popu7 lation segment in the United States of any plant or inver8 tebrate species.’’; and

9 (3) by adding at the end the following new

10 paragraphs:

11 ‘‘(22) The term ‘candidate species’ means any

12 species—

13 ‘‘(A) that is not the subject of a proposed rule

14 under section 4(a)(1);

15 ‘‘(B) that the Secretary is considering for list16 ing as an endangered species or threatened species;

17 and

18 ‘‘(C) for which—

19 ‘‘(i) the Secretary has sufficient informa20 tion to support a proposed rule for that listing;

21 or

22 ‘‘(ii) the Secretary has information indicat23 ing that proposing that listing may be appro24 priate, but for which further information is re25 quired to support such a proposed rule.
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1 ‘‘(23)(A) The term ‘cumulative impacts’ means those

2 direct impacts and indirect impacts on a species or its

3 habitat that result from the incremental impact of the pro4 posed action when added to other past, present, and rea5 sonably foreseeable future actions, regardless of what per6 son undertakes such other actions.

7 ‘‘(B) For purposes of subparagraph (A)—

8 ‘‘(i) the term ‘impacts’ includes—

9 ‘‘(I) the loss of individual members of the

10 species;

11 ‘‘(II) diminishment of the species’ habitat,

12 both qualitatively and quantitatively;

13 ‘‘(III) disruption of normal behavioral pat14 terns, including but not limited to breeding,

15 feeding, or sheltering; and

16 ‘‘(IV) impairment of the species’ ability to

17 withstand random fluctuations in environmental

18 conditions;

19 ‘‘(ii) the term ‘direct impacts’ means impacts

20 that are caused by the proposed action and that

21 occur at the same time and place as the proposed

22 action; and

23 ‘‘(iii) the term ‘indirect impacts’ means impacts

24 that are caused by the proposed action and that

25 occur later in time than, or farther removed in dis-
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1 tance from, the proposed action, but that are still

2 reasonably foreseeable.

3 ‘‘(24) The term ‘jeopardize the continued existence

4 of’ means to engage in an action that reasonably would

5 be expected, directly, indirectly or cumulatively, to reduce

6 appreciably the likelihood of recovery in the wild of any

7 foreign or domestic species included in a list published

8 under section 4(c).

9 ‘‘(25) The term ‘minimize’—

10 ‘‘(A) subject to subparagraph (B), means to

11 avoid to the extent possible, in designing and engag12 ing in an activity, adverse impacts to a threatened

13 species or endangered species in the course of the

14 activity; and

15 ‘‘(B) for an activity for which it is determined,

16 after consideration of a reasonable range of alter17 natives, that avoidance of adverse impacts to the

18 species is impossible, to design and implement the

19 activity in a manner that results in the lowest pos20 sible individual and cumulative adverse impacts on

21 the species.

22 ‘‘(26) The term ‘mitigate’ means to redress adverse

23 impacts to a threatened species or endangered species in

24 connection with an action, by replacing the number of

25 plants and animals in the wild, and the value to the species
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1 of the habitat, that were lost as a result of the adverse

2 impacts.

3 ‘‘(27) The term ‘recovery’ means that the threats to

4 a species, as analyzed under section 4(a), have been elimi5 nated, the species has achieved long-term viability, and the

6 protective measures under this Act are no longer needed.

7 ‘‘(28) The term ‘survival habitat’ includes the habitat

8 necessary to support either current populations of a spe9 cies or populations which are necessary to ensure survival,

10 whichever is larger.’’.

11 SEC. 102. DESIGNATION OF CRITICAL HABITAT AND SUR12 VIVAL HABITAT.

13 Section 4 (16 U.S.C. 1531) is amended—

14 (1) in subsection (a), by amending paragraph

15 (3) to read as follows:

16 ‘‘(3) The Secretary, by regulation promulgated in ac17 cordance with subsection (b)—

18 ‘‘(A) subject to subparagraph (C), shall, concur19 rently with making a determination under paragraph

20 (1) that a species is an endangered species or threat21 ened species, designate survival habitat of the spe22 cies;

23 ‘‘(B) subject to subparagraph (C), shall concur24 rently with adoption of the final recovery plan for a
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1 species under subsection (f), designate critical habi2 tat of the species;

3 ‘‘(C) in the case of a highly migratory marine

4 species, shall designate survival habitat and critical

5 habitat for the species to the maximum extent bio6 logically determinable; and

7 ‘‘(D) shall, from time to time thereafter as ap8 propriate, revise such designations, if the Secretary

9 determines that such revision would expedite or as10 sist the recovery of the species.’’; and

11 (2) in subsection (b), by amending paragraph

12 (2) to read as follows:

13 ‘‘(2)(A) The Secretary shall designate critical habitat,

14 and make revisions thereto, under subsection (a)(3) on the

15 basis of the best scientific data available and after taking

16 into consideration the economic impact, and any other rel17 evant impact, of specifying any particular area as critical

18 habitat. Survival habitat designated at the time of listing

19 shall be revised and finalized as critical habitat concur20 rently with the adoption of the final recovery plan. The

21 Secretary may exclude any area from critical habitat on

22 the basis that the benefits of such exclusion outweigh the

23 benefits of specifying such area as part of the critical habi24 tat, only if the Secretary determines, based on the best

25 scientific and commercial data available, that the failure
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1 to designate such area as critical habitat will not impair

2 the species’ recovery.

3 ‘‘(B) The Secretary shall designate survival habitat

4 of a species based only on biological factors, giving special

5 consideration to habitat that is currently occupied by the

6 species.’’.

7 SEC. 103. SCHEDULE FOR LISTING DETERMINATIONS.

8 Section 4(b)(3)(C) (16 U.S.C. 1533(b)(3)(C)) is

9 amended by adding at the end the following:

10 ‘‘(iv) The Secretary shall, by not later than 1 year

11 after the date of enactment of the Endangered Species Re12 covery Act of 1999, cause to be published in the Federal

13 Register either a proposal to list or a not warranted find14 ing under subparagraph (B)(i) for each species for which

15 a finding under subparagraph (B)(iii) was made before

16 that date of enactment.

17 ‘‘(v) The Secretary shall, not later than 4 years after

18 the date on which a finding under subparagraph (B)(iii)

19 is published for a species for which a finding under sub20 paragraph (B)(iii) was made after the date of enactment

21 of the Endangered Species Recovery Act of 1999, or a

22 date on which such a species is otherwise designated by

23 the Secretary as a candidate species, cause to be published

24 in the Federal Register—
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1 ‘‘(I) a proposal to list the species under sub2 paragraph (B)(ii); or

3 ‘‘(II) a not warranted finding under subpara4 graph (B)(i).’’.

5 SEC. 104. CONTENTS OF LISTING PETITIONS.

6 Section 4(b)(3) (16 U.S.C. 1533(b)(3)) is amended

7 by adding at the end the following:

8 ‘‘(E) A petition referred to in subparagraph (A) shall,

9 to the maximum extent practicable, contain the following

10 information:

11 ‘‘(i) The current known and historic ranges of

12 the species.

13 ‘‘(ii) The most recent population estimates and

14 trends, if available.

15 ‘‘(iii) The reason that the petitioned action is

16 warranted, including known or perceived threats to

17 the species.

18 ‘‘(iv) A bibliography of scientific literature on

19 the species, if any, in support of the petition.

20 ‘‘(v) Any other information that the petitioner

21 feels is appropriate.’’.

22 SEC. 105. RECOVERY PLANNING.

23 Section 4(f) (16 U.S.C. 1533(f)) is amended—

24 (1) in paragraph (1)—

25 (A) in the first sentence—
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1 (i) by striking ‘‘develop and imple2 ment plans’’ and inserting ‘‘within 18

3 months after the date of the adding of a

4 species to a list under subsection (c), de5 velop a draft plan, and within 30 months

6 after that date, develop and begin imple7 mentation of a final plan’’; and

8 (ii) by inserting ‘‘each’’ before ‘‘en9 dangered’’;

10 (iii) by striking ‘‘, unless he finds that

11 such plan will not promote the conserva12 tion of the species’’; and

13 (B) by striking subparagraph (B) and in14 serting the following:

15 ‘‘(B) include in each plan specific provisions, in16 cluding provisions required under subparagraph (C),

17 that provide for the conservation in the recovery

18 plan area of all species listed as endangered species

19 or threatened species, candidate species, and species

20 proposed for listing;

21 ‘‘(C) incorporate in each recovery plan for a

22 species—

23 ‘‘(i) a description of such site-specific man24 agement actions, noting those of the highest

25 priority and greatest recovery potential, as may
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1 be necessary to achieve the plan’s goal for the

2 recovery of the species;

3 ‘‘(ii) objective, measurable criteria, includ4 ing habitat needs and population levels, that,

5 when met, would result in a determination, in

6 accordance with the provisions of this section,

7 that the species be removed from the list;

8 ‘‘(iii) estimates of the time required and

9 the cost to carry out those measures needed to

10 achieve the plan’s goal and to achieve inter11 mediate steps toward that goal;

12 ‘‘(iv) a general description of types of ac13 tions likely to violate the taking prohibition of

14 section 9 or the jeopardy prohibition of section

15 7; and

16 ‘‘(v) a list of Federal agencies, States,

17 tribes, and local government entities signifi18 cantly affected by the goals or management ac19 tions set forth in the recovery plan, that should

20 complete a recovery implementation plan pursu21 ant to paragraph (5)(A); and

22 ‘‘(D) for the purposes of determining the cri23 teria under subparagraph (C)(ii), select, in consulta24 tion with the National Academy of Sciences, inde25 pendent scientists who—
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1 ‘‘(i) through publication of peer-reviewed

2 scientific literature, have demonstrated relevant

3 scientific expertise in that species or similar

4 species; and

5 ‘‘(ii) do not have, nor represent anyone

6 with, a significant economic interest in the re7 covery plan.’’; and

8 (2) by amending paragraph (5) to read as fol9 lows:

10 ‘‘(5)(A) Each Federal agency significantly affected by

11 the goals or management actions set forth in a final recov12 ery plan shall develop and implement a plan (in this para13 graph referred to as a ‘recovery implementation plan’),

14 after providing public notice and an opportunity for public

15 review and comment on the recovery implementation plan.

16 ‘‘(B) Each recovery implementation plan shall—

17 ‘‘(i) identify the agency’s affirmative conserva18 tion duties and management responsibilities which

19 will contribute to the achievement of recovery goals

20 identified in the final recovery plan;

21 ‘‘(ii) set forth specific agency actions, time22 tables, and funding required to achieve and monitor

23 progress of these recovery goals or management re24 sponsibilities; and
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1 ‘‘(iii) identify any lands or waters under the

2 agency’s jurisdiction or ownership that currently

3 provide or may provide suitable habitat for the spe4 cies, identify any actions needed to acquire addi5 tional suitable habitat under section 5(a), and de6 scribe management actions the agency will take on

7 lands or waters within its jurisdiction or ownership

8 to contribute toward recovery of the species.

9 ‘‘(C) Consistent with section 6, the Secretary shall

10 cooperate to the maximum extent practicable with States,

11 tribes, and local government entities that are significantly

12 affected by a final recovery plan, to develop State coopera13 tive plans to achieve the goals and implement the manage14 ment actions identified in the recovery plan.’’.

15 SEC. 106. COOPERATIVE AGREEMENTS.

16 Section 6 (16 U.S.C. 1535) is amended by adding

17 at the end of each of subsections (c) and (d) the following:

18 ‘‘(3) In this subsection, the term ‘State’ includes, in

19 addition to the entities described in section 3(17), any In20 dian tribe.’’.

21 SEC. 107. INTERAGENCY COOPERATION.

22 (a) FEDERAL AGENCY ACTIONS AND CONSULTA23 TIONS.—Section 7(a) (16 U.S.C. 1536(a)) is amended—

24 (1) in paragraph (1) in the second sentence—
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1 (A) by striking ‘‘All other Federal agen2 cies’’ and inserting ‘‘Each other Federal agen3 cy’’; and

4 (B) by inserting before the period the fol5 lowing: ‘‘, including recovery actions identified

6 in recovery implementation plans of the agen7 cy’’;

8 (2) in paragraph (2) in the first sentence by in9 serting after ‘‘to be critical,’’ the following: ‘‘in such

10 a way as to diminish the value of that habitat for

11 the recovery of the species,’’; and

12 (3) by adding at the end the following:

13 ‘‘(5)(A) Any Federal agency may consult with the

14 Secretary regarding any action that may affect any can15 didate species or species proposed for listing under section

16 4(c).

17 ‘‘(B) If consultation under this paragraph is com18 pleted before the listing of the species—

19 ‘‘(i) no additional consultation is required solely

20 as a consequence of the subsequent listing of that

21 species, if the Secretary determines that there have

22 been no significant changes in the agency proposal

23 and there is no significant new information that was

24 not considered in the original consultation; and
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1 ‘‘(ii) the Secretary shall reinitiate consultation

2 under paragraph (2) if the Secretary determines

3 that there has been a significant change in the agen4 cy proposal or that there is significant new informa5 tion that was not considered in the original consulta6 tion.

7 ‘‘(C) A Federal agency shall notify the Secretary of

8 any significant change in, or significant new information

9 regarding, any action regarding which the agency con10 sulted with the Secretary under this paragraph.

11 ‘‘(6) The head of each Federal agency shall monitor

12 the status and trends of endangered species, threatened

13 species, and candidate species that occur on lands or in

14 waters under the administration of the agency.’’.

15 (b) OPINION OF SECRETARY.—Section 7(b) (16

16 U.S.C. 1536(b)) is amended—

17 (1) by amending paragraph (3) to read as fol18 lows:

19 ‘‘(3)(A) Promptly after conclusion of consultation

20 under paragraph (2), (3), or (5) of subsection (a), the Sec21 retary shall provide to the Federal agency and the appli22 cant, if any, a written statement setting forth the Sec23 retary’s opinion, and a summary of the information on

24 which the opinion is based, detailing how the agency action

25 affects the species or its critical habitat, including the
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1 amount of habitat and the number of members of the spe2 cies that will be taken, and conservation actions to mini3 mize and mitigate the impacts of any incidental taking

4 that may result from the action. If jeopardy or adverse

5 modification is found, the Secretary shall suggest those

6 reasonable and prudent alternatives that the Secretary be7 lieves would not violate subsection (a)(2), and can be

8 taken by the Federal agency or applicant in implementing

9 the agency action.’’;

10 (2) by adding at the end the following:

11 ‘‘(5) The Secretary shall, upon receipt of a request

12 to initiate consultation under paragraph (2), (3), or (5)

13 of subsection (a), promptly publish a notice in the Federal

14 Register announcing that the consultation has been initi15 ated and briefly describing the proposed agency action.

16 The Secretary shall make available upon request any in17 formation in the Secretary’s possession or control concern18 ing the consultation or the opinion prepared pursuant to

19 this subsection with respect to the consultation.

20 ‘‘(6)(A) The Secretary shall, in preparing an opinion

21 pursuant to this subsection, invite independent scientists

22 with expertise on species that may be affected by the pro23 posed agency action to provide input into the consultation

24 or opinion.
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1 ‘‘(B) For purposes of this paragraph, an independent

2 scientist is an individual described in section 4(f)(1)(D).

3 ‘‘(7) Not later than 30 days after the date the Sec4 retary provides a written statement under paragraph (3)

5 to the Federal agency and the applicant for a permit, if

6 any, the Secretary shall publish in the Federal Register

7 the Secretary’s findings and reasons for making any deter8 mination under this subsection.’’; and

9 (3) in paragraph (4)—

10 (A) in subparagraph (B), by striking ‘‘will

11 not violate such subsection’’ and inserting ‘‘will

12 not interfere with the timely achievement of re13 covery goals’’ each time it occurs;

14 (B) in clause (ii), by inserting ‘‘and miti15 gate’’ after ‘‘minimize’’;

16 (C) in clause (iii), by striking ‘‘and’’ after

17 the comma at the end;

18 (D) in clause (iv), by striking the period at

19 the end and inserting ‘‘, and’’; and

20 (E) by adding at the end the following:

21 ‘‘(v) directs the Federal agency to assess and

22 report to the Secretary two years after the date of

23 issuance of the written statement and every two

24 years thereafter for as long as any incidental take

25 continues, the amount of incidental take that has oc-
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1 curred as a direct impact, indirect impact, or cumu2 lative impact.

3 If an assessment under clause (v) indicates that the

4 amount of incidental take authorized under the written

5 statement has been exceeded, the Federal agency shall im6 mediately reinitiate consultation with the Secretary pursu7 ant to section 7(a)(2).’’.

8 (c) BIOLOGICAL ASSESSMENT.—Section 7(c)(1) (16

9 U.S.C. 1536(c)(1)) is amended by striking ‘‘Such assess10 ment may be undertaken’’ and inserting ‘‘Such assessment

11 shall be made available to the public, and may be under12 taken’’.

13 (d) FOREIGN SPECIES.—Section 7 (16 U.S.C. 1536)

14 is amended by adding at the end the following:

15 ‘‘(q) FOREIGN SPECIES.—This section shall apply to

16 any agency action with respect to any endangered species,

17 threatened species, species proposed to be added to a list

18 under section 4(c), or candidate species carried out in

19 whole or in part, in the United States, in a foreign coun20 try, or on the high seas.’’.

21 (e) STREAMLINING AND CONSOLIDATING INTER22 AGENCY COOPERATION.—Section 7 (16 U.S.C. 1536) is

23 further amended by adding at the end the following:

24 ‘‘(r) REGULATIONS TO ENSURE TIMELY CONCLU25 SION OF CONSULTATIONS.—
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1 ‘‘(1) IN GENERAL.—Within 1 year after the

2 date of the enactment of the Endangered Species

3 Recovery Act of 1999, the Secretary shall, in co4 operation with the States, promulgate regulations

5 that will ensure timely conclusion of consultations

6 under this section.

7 ‘‘(2) CONTENT.—Regulations under this sub8 section shall provide, among other matters, that—

9 ‘‘(A) consultations and conferences under

10 this section between the Secretary and a Fed11 eral agency shall, to the extent practicable and

12 if approved by the Secretary, encompass a num13 ber of similar or related agency actions to be

14 undertaken within a particular geographical

15 range or ecosystem; and

16 ‘‘(B) the Secretary shall, to the extent

17 practicable, consolidate requests for consulta18 tions or conferences from various Federal agen19 cies whose proposed actions may affect endan20 gered species, threatened species, or candidate

21 species that are dependent on the same eco22 system.

23 ‘‘(3) ECOSYSTEM DEFINED.—For purposes of

24 this subsection, the term ‘ecosystem’ means a dy25 namic complex of organisms and biological commu-
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1 nities, and their associated nonliving environment,

2 interacting together as an ecological unit.’’.

3 SEC. 108. PERMITS AND CONSERVATION PLANS.

4 Section 10(a) (16 U.S.C. 1539(a)) is amended to

5 read as follows:

6 ‘‘(a) PERMITS.—

7 ‘‘(1) IN GENERAL.—The Secretary may permit

8 under the terms and conditions provided for in this

9 section—

10 ‘‘(A) any act otherwise prohibited by sec11 tion 9 for scientific purposes or to enhance the

12 propagation or survival of the affected species,

13 or its conservation in the wild, including, but

14 not limited to, acts necessary for the conserva15 tion, establishment, and maintenance of experi16 mental populations pursuant to subsection (j);

17 or

18 ‘‘(B) any taking otherwise prohibited by

19 section 9(a)(1) if such taking is incidental to,

20 and not the purpose of the carrying out of an

21 otherwise lawful activity.

22 The Secretary shall limit the duration of a permit

23 under this paragraph as necessary to ensure that

24 changes in circumstances that could occur in the pe-
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1 riod and that would jeopardize the continued exist2 ence of the species are reasonably foreseeable.

3 ‘‘(2) CONSERVATION PLAN.—(A) No permit

4 may be issued by the Secretary authorizing any tak5 ing referred to in paragraph (1)(B) unless the appli6 cant therefor submits to the Secretary a conserva7 tion plan in accordance with this paragraph that is

8 based on the best scientific and commercial informa9 tion available.

10 ‘‘(B) A conservation plan under this paragraph

11 shall specify the following:

12 ‘‘(i) A description of the specific activities

13 sought to be authorized by the permit.

14 ‘‘(ii) A description and analysis of a rea15 sonable range of alternative actions to the tak16 ing of each species covered by the plan.

17 ‘‘(iii) The individual and cumulative im18 pacts that may reasonably be anticipated to re19 sult from the permitted activities covered by the

20 plan, including the impacts of modification or

21 destruction of habitat of species authorized to

22 be taken under the permit.

23 ‘‘(iv) Objective, measurable biological goals

24 to be achieved for each species covered by the

25 plan.
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1 ‘‘(v) The conservation measures the appli2 cant will implement to minimize and mitigate

3 the impacts specified under clause (iii),

4 including—

5 ‘‘(I) the specific conservation meas6 ures for achieving the biological goals of

7 the plan; and

8 ‘‘(II) any additional requirements or

9 restrictions or other adaptive management

10 provisions that are necessary to respond to

11 all reasonably foreseeable changes in cir12 cumstances that would jeopardize the con13 tinued existence of any species covered by

14 the plan, including but not limited to new

15 scientific information and changing envi16 ronmental conditions, including natural

17 disasters.

18 ‘‘(vi) The reasonably anticipated costs of

19 the measures specified under clause (v).

20 ‘‘(vii) Measures the applicant will take to

21 monitor the effectiveness of the plan’s conserva22 tion measures in achieving the plan’s biological

23 goals and impacts on recovery of each species.

24 ‘‘(viii) Funding that will be available to the

25 applicant, throughout the term of the plan, to
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1 implement the plan, including but not limited to

2 the conservation measures specified in the plan.

3 ‘‘(ix) Such other matters as the Secretary

4 determines to be necessary or appropriate for

5 purposes of the plan.

6 ‘‘(C) The Secretary shall not issue a permit

7 under paragraph (1)(B) for the taking of any spe8 cies unless the Secretary finds that the conservation

9 plan submitted for the permit meets all of the re10 quirements of this paragraph and finds, after oppor11 tunity for public comment with respect to a permit

12 application and the related conservation plan, that—

13 ‘‘(i) the taking will be incidental;

14 ‘‘(ii) the applicant will minimize and miti15 gate the individual impacts and cumulative im16 pacts of such taking;

17 ‘‘(iii) the activities authorized by the per18 mit and conservation plan are consistent with

19 the recovery of the species and will result in no

20 net loss of the value to the species of the habi21 tat occupied by the species;

22 ‘‘(iv) the applicant has, in accordance with

23 paragraph (8), filed a performance bond or

24 other evidence of financial security to ensure
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1 adequate funding for each element of the con2 servation plan; and

3 ‘‘(v) the permit contains such terms and

4 conditions as are necessary or appropriate to

5 carry out the purposes of this paragraph and

6 ensure implementation of the conservation plan

7 by the applicant, including but not limited to,

8 such reporting and monitoring requirements as

9 are necessary for determining whether such

10 terms and conditions are being complied with.

11 ‘‘(D)(i) Each permit shall require the permittee

12 to provide to the Secretary, one year after the date

13 of issuance of the permit, and at least every year

14 thereafter during the term of the permit, a complete

15 report on the biological status of the species in the

16 affected area, the impacts of the habitat conserva17 tion plan and the permitted action upon the species,

18 and whether the biological goals of the plan are

19 being met.

20 ‘‘(ii) The Secretary shall make reports required

21 under this subparagraph available to the public.

22 ‘‘(E)(i) If necessary to ensure that the per23 mitted action does not jeopardize the continued ex24 istence of any species affected by the permitted ac25 tion, the Secretary shall require a permittee to im-
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1 plement conservation measures in addition to those

2 specified in the plan.

3 ‘‘(ii) The Secretary shall pay the costs of any

4 additional conservation measures required under this

5 subparagraph that are in excess of the reasonably

6 anticipated costs specified in the plan.

7 ‘‘(3) REVIEW BY SECRETARY.—

8 ‘‘(A) The Secretary shall, every three years

9 after the date of approval of a permit applica10 tion and conservation plan under this section,

11 review and report on the progress of implemen12 tation of the terms and conditions of the permit

13 and plan and make recommendations on actions

14 necessary to ensure that they do not jeopardize

15 the continued existence of any species, that

16 progress is being made toward achieving the bi17 ological goals of the plan, and that the require18 ments of this section and the goals and policies

19 of the Act are carried out.

20 ‘‘(B) The Secretary shall annually—

21 ‘‘(i) prepare and make publicly avail22 able a report on the status of all permits

23 reviewed pursuant to this paragraph; and

24 ‘‘(ii) publish in the Federal Register a

25 notice of the availability of that report.
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1 ‘‘(4) PERMIT REVOCATION.—The Secretary

2 shall revoke a permit issued under this section and

3 issue an order suspending activities allowed under

4 the permit that may be reasonably expected to cause

5 a take of any species covered by the permit, if—

6 ‘‘(A) the permittee is not in compliance

7 with the terms and conditions of the permit, the

8 requirements of this Act, and the regulations

9 implementing this Act, including any failure by

10 a permittee to substantially comply with the

11 conservation plan required for a permit issued

12 under paragraph (1)(B); or

13 ‘‘(B) the level of take authorized by the

14 permit has been exceeded.

15 ‘‘(5) ACTIONS BY SECRETARY UPON FAILURE

16 BY PERMITTEE.—(A) If a permittee defaults on any

17 obligation of the permittee under a conservation plan

18 or a permit issued under paragraph (1)(B) or a con19 servation plan required for that permit, the Sec20 retary shall undertake actions to conserve each spe21 cies covered by the plan and permit.

22 ‘‘(B) For actions required under subparagraph

23 (A) with respect to a default by a permittee, the

24 Secretary may use—
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•HR 960 IH

1 ‘‘(i) the proceeds of the performance bond

2 or other financial security under paragraph (8)

3 provided by the permittee; and

4 ‘‘(ii) amounts in the Habitat Conservation

5 Fund under paragraph (9).

6 ‘‘(6) LOW EFFECT, SMALL SCALE PLANS.—(A)

7 The Secretary shall develop and implement a

8 streamlined application and approval procedure for a

9 permit under paragraph (1)(B) and related con10 servation plan that the Secretary determines to be a

11 low effect, small scale plan.

12 ‘‘(B) A permit and related conservation plan

13 may be treated as a low effect, small scale permit

14 and plan if they meet all of the following criteria:

15 ‘‘(i) The permitted action is expected to be

16 of less than 5 years’ duration.

17 ‘‘(ii) The conservation plan is applicable to

18 fewer than 5 acres.

19 ‘‘(iii) The affected acreage is not adjacent

20 to other lands that have been the subject of a

21 permit issued under this section within the pre22 ceding five years to the same person, or as part

23 of the same project.

24 ‘‘(iv) The permitted action is not part of a

25 single larger project that will have additional
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1 impacts on the endangered species or threat2 ened species.

3 ‘‘(v) The Secretary determines the plan

4 will have a negligible cumulative impact and in5 dividual impact on the recovery of the endan6 gered species or threatened species.

7 ‘‘(vi) The permitted action is not related to

8 other actions that will have additional impacts

9 on the endangered or threatened species. For

10 purposes of this clause, actions shall be consid11 ered related if they—

12 ‘‘(I) automatically trigger other ac13 tions which may affect endangered species

14 or threatened species;

15 ‘‘(II) cannot or will not proceed unless

16 other actions are taken previously or si17 multaneously; or

18 ‘‘(III) are interdependent on parts of

19 a larger action and depend on the larger

20 action for their justification.

21 ‘‘(C)(i) The Secretary shall monitor the imple22 mentation and results of low effect, small scale per23 mits and conservation plans to ensure that they do

24 not jeopardize the continued existence of any endan25 gered species or threatened species.
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•HR 960 IH

1 ‘‘(ii) If the Secretary determines that additional

2 requirements or restrictions are required to ensure

3 that actions authorized by a low effect, small scale

4 conservation plan do not jeopardize the continued

5 existence of any species determined to be an endan6 gered species or threatened species after the plan

7 was approved, the Secretary shall require appro8 priate modifications to the plan to establish those re9 quirements or restrictions.

10 ‘‘(iii) The Secretary shall pay all costs of imple11 menting additional requirements or restrictions re12 quired under clause (ii).

13 ‘‘(D) The permittee for which a low effect,

14 small scale permit and conservation plan is approved

15 under this paragraph shall not be required to pro16 vide a performance bond or other financial security

17 under paragraph (8).

18 ‘‘(7) MONITORING.—The Secretary shall mon19 itor the implementation and results of all conserva20 tion plans approved under this subsection to ensure

21 they do not jeopardize the continued existence of any

22 endangered species or threatened species.

23 ‘‘(8) PERFORMANCE BONDS.—(A) After the ap24 proval of an incidental take permit under paragraph

25 (1)(B) and associated conservation plan in accord-
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•HR 960 IH

1 ance with this subsection, but before such permit is

2 issued, the applicant shall—

3 ‘‘(i) file with the Secretary a performance

4 bond payable to the United States, and condi5 tional upon faithful performance of all the re6 quirements of the permit; or

7 ‘‘(ii) deposit other forms of financial secu8 rity, payable to the United States, in a form

9 and manner approved by the Secretary, and

10 conditional upon such faithful performance,

11 having a cash or market value, as applicable,

12 equal to or greater than the amount of a per13 formance bond otherwise required under clause

14 (i).

15 ‘‘(B) The amount of the bond or deposit of

16 other financial security required for each permit—

17 ‘‘(i) shall be determined by the Secretary;

18 ‘‘(ii) shall be based upon the mitigation re19 quirements needed to meet the biological goals

20 of the conservation plan; and

21 ‘‘(iii) shall be sufficient to ensure the com22 pletion of all conservation measures to be imple23 mented by the permittee under the conservation

24 plan, as such costs and measures are specified

25 in the plan.
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•HR 960 IH

1 ‘‘(C) In the case of a bond or deposit of other

2 financial security required for a large-scale conserva3 tion plan (as that term is defined in paragraph

4 (11)), or a conservation plan for which the reason5 ably foreseeable costs may be prohibitive, the Sec6 retary may authorize the use of—

7 ‘‘(i) phased bonds or deposits, by which the

8 permittee may divide the area or actions cov9 ered by the conservation plan into discrete sec10 tions and execute a separate bond or deposit for

11 each section before undertaking any action on

12 that section; or

13 ‘‘(ii) adjusted bonds or deposits, through

14 which the amount of the bond or deposits re15 quired and the terms of acceptance of the bond

16 or deposit shall be adjusted by the Secretary

17 from time to time as the extent of actions that

18 affect endangered species or threatened species

19 increases or decreases.

20 ‘‘(D) The bond or deposits shall be executed by

21 the permittee and a corporate surety or depository,

22 respectively.

23 ‘‘(E)(i) The permittee may file a request with

24 the Secretary for the release of all or any part of a

25 performance bond or deposit of any other financial
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•HR 960 IH

1 security required under this paragraph. Within 30

2 days after any application for release has been filed

3 with the Secretary, the Secretary shall file notice of

4 such application in the Federal Register and provide

5 opportunity for public comment before making a de6 cision under clause (ii).

7 ‘‘(ii) Upon receipt of the request, the Secretary

8 shall within 30 days conduct a review of the imple9 mentation of the conservation plan to determine

10 whether the requirements of the plan have been fully

11 implemented, the plan has achieved its biological

12 goals, and no further action is needed to ensure that

13 the permitted action is not jeopardizing the existence

14 of the species covered by the plan.

15 ‘‘(iii) The Secretary shall notify the permittee

16 in writing of the decision of the Secretary to release

17 or not to release all or part of the bond or deposit,

18 within 90 days after the filing of the request. If the

19 Secretary does not release any portion of the bond

20 or deposit, the Secretary shall notify the permittee

21 in writing, stating the reasons the portion was not

22 released and recommending corrective actions nec23 essary to secure that release.

24 ‘‘(9) HABITAT CONSERVATION PLAN FUND.—

25 (A) There is established in the Treasury a separate
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1 account to be known as the ‘Habitat Conservation

2 Plan Fund’ (in this paragraph referred to as the

3 ‘fund’). The fund shall consist of—

4 ‘‘(i) donations to the fund;

5 ‘‘(ii) appropriations to the fund;

6 ‘‘(iii) amounts received by the United

7 States as fees charged for permits under this

8 section;

9 ‘‘(iv) amounts received by the United

10 States as natural resource damages under sec11 tion 12; and

12 ‘‘(v) the proceeds of performance bonds

13 and other deposits of financial security under

14 paragraph (8).

15 ‘‘(B) Amounts in the fund shall be available to

16 the Secretary until expended, without further appro17 priation, for—

18 ‘‘(i) cost of additional conservation meas19 ures required under paragraph (2)(E) and addi20 tional requirements and restrictions required

21 under paragraph (6) for recovery of a species;

22 ‘‘(ii) actions by the Secretary to conserve

23 species under paragraph (5);
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•HR 960 IH

1 ‘‘(iii) permitting costs with respect to

2 which fees are deposited in the fund under sub3 paragraph (A)(iii) of this paragraph; and

4 ‘‘(iv) restoration or replacement of natural

5 resources with respect to which natural resource

6 damages are deposited in the fund under sub7 paragraph (A)(iv) of this paragraph.

8 ‘‘(10) MULTIPLE LANDOWNER, MULTISPECIES

9 PLANNING.—(A) The Secretary shall encourage the

10 development of multiple landowner, multispecies con11 servation plans, that—

12 ‘‘(i) make a significant contribution to the

13 recovery of an endangered species or threatened

14 species;

15 ‘‘(ii) rely on the best available scientific in16 formation;

17 ‘‘(iii) rely, to the maximum extent prac18 ticable, on ecosystem planning; and

19 ‘‘(iv) maintain the well-being of other spe20 cies located within the planning area.

21 ‘‘(B)(i) To encourage the development of such

22 plans, the Secretary shall cooperate to the maximum

23 extent practicable with States and local governments

24 to streamline permitting processes across jurisdic25 tions.
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1 ‘‘(ii) Such cooperation shall include, but not be

2 limited to, issuing permits under paragraph (1)(B)

3 to a State, local government, or group of local gov4 ernments for large-scale habitat conservation plans

5 that involve more than 1 landowner.

6 ‘‘(C) A permit under subparagraph (B)(ii) may

7 authorize the State, local government, or group of

8 local governments to issue incidental take certifi9 cates to landowners that authorize takings under the

10 authority of the permit within the jurisdiction of the

11 State, local government, or group of local govern12 ments, if—

13 ‘‘(i) the State, local government, or group

14 of local governments meets the performance

15 bond or other financial security requirements

16 under paragraph (8) with respect to all such

17 certificates, or each certificate is effective only

18 after the landowner to whom the certificate is

19 issued has met those requirements with respect

20 to the certificate;

21 ‘‘(ii) the State, local government, or group

22 of local governments ensures that all incidental

23 take certificates issued under the permit are

24 consistent with the permit and approved habitat

25 conservation plan;
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1 ‘‘(iii) the State, local government, or group

2 of local governments provides adequate public

3 notice and opportunity to comment on decisions

4 to issue incidental take certificates; and

5 ‘‘(iv) the Secretary and the State, local

6 government, or group of local governments have

7 adequate authority to enforce the terms and

8 conditions of the incidental take certificates.

9 ‘‘(D) To encourage the timely development of

10 plans under this paragraph, the Secretary shall—

11 ‘‘(i) ensure the participation of a broad

12 range of public and private interests in the de13 velopment of the plan;

14 ‘‘(ii) provide technical assistance to the

15 maximum extent practicable; and

16 ‘‘(iii) give such plans priority consideration

17 for funding under section 6.

18 ‘‘(E) The Secretary may approve the use of

19 pooled bonds or deposits in order to meet the re20 quirements of paragraph (8) for plans approved

21 under this paragraph which—

22 ‘‘(i) do not meet the requirements of sub23 paragraph (B); and

24 ‘‘(ii) involve more than 1 landowner.
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1 ‘‘(11) CITIZEN PARTICIPATION; INDEPENDENT

2 SCIENTISTS.—(A) The Secretary may issue a permit

3 under this section only after notice of the receipt of

4 an application for such a permit has been published

5 in the Federal Register, a 60-day public comment

6 period has been provided, and a notice of permit ap7 proval has been published in the Federal Register

8 with agency responses to public comments.

9 ‘‘(B) The Secretary shall, upon receipt of re10 quest for agency involvement in the development of

11 a large-scale conservation plan pursuant to para12 graphs (2)(A) and (10), promptly publish a notice in

13 the Federal Register announcing the agency’s in14 volvement and briefly describing the activities that

15 would be permitted under the plan. The Secretary

16 shall make available upon request any information in

17 the Secretary’s possession or control concerning such

18 planning efforts.

19 ‘‘(C) The Secretary shall invite members of the

20 public to participate in the development of large21 scale conservation plans and multiple landowner,

22 multispecies plans. The Secretary shall promulgate

23 regulations establishing a development process under

24 this paragraph which ensures an equitable balance

25 of participation among citizens with a primary inter-
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1 est in carrying out economic development activities

2 that may affect species conservation and citizens

3 whose primary interest is in species conservation.

4 Meetings of participants under this subparagraph

5 shall not be subject to the Federal Advisory Commit6 tee Act (5 U.S.C. App.), but shall be open to the

7 public.

8 ‘‘(D) Upon receipt of a request for agency in9 volvement in the development of a large-scale con10 servation plan, the Secretary shall invite independent

11 scientists with expertise on species that may be af12 fected by the plan to provide input.

13 ‘‘(E) For the purposes of this paragraph:

14 ‘‘(i) The term ‘agency involvement’ means

15 any role played by the Secretary in the develop16 ment of a conservation plan pursuant to para17 graph (2)(A).

18 ‘‘(ii) The term ‘large-scale conservation

19 plan’ means a conservation plan that would

20 cover a significant portion of the range of a

21 threatened species, endangered species, can22 didate species, or species proposed for listing

23 under section 4.

24 ‘‘(iii) For purposes of this subparagraph,

25 an independent scientist is a scientist that
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1 meets that criteria set forth in clauses (i) and

2 (ii) of section 4(f)(D).

3 ‘‘(12) PUBLIC OUTREACH AND COMMUNITY AS4 SISTANCE PROGRAM.—(A) The Secretary shall estab5 lish a Community Assistance Program to provide

6 timely and accurate information to local govern7 ments or property owners.

8 ‘‘(B) Under the Community Assistance Pro9 gram, the Secretary shall assign to each field office

10 of the United States Fish and Wildlife Service em11 ployees whose duties include, but are not limited

12 to—

13 ‘‘(i) providing accurate, timely information

14 on local impacts of determinations that species

15 are endangered species or threatened species,

16 recovery planning efforts, and other actions

17 under this Act;

18 ‘‘(ii) providing assistance on obtaining per19 mits under this section and otherwise complying

20 with this Act;

21 ‘‘(iii) serving as a focal point for questions,

22 requests, complaints, and suggestions from

23 property owners and local governments concern24 ing the policies and activities of the United

25 States Fish and Wildlife Service or other Fed-
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1 eral agencies in the implementation of this Act;

2 and

3 ‘‘(iv) training Federal personnel on public

4 outreach efforts under this Act.’’.

5 SEC. 109. CITIZEN SUITS.

6 Section 11(g) (16 U.S.C. 1540(g)) is amended—

7 (1) in paragraph (1), in subparagraph (A), by

8 striking ‘‘in violation’’ and all that follows through

9 the end of the subparagraph and inserting ‘‘in viola10 tion of this Act, any regulation or permit issued

11 under this Act, any statement provided by the Sec12 retary under section 7(b)(3), or any agreement con13 cluded under authority of this Act;’’;

14 (2) in paragraph (2)(A)(i), by inserting before

15 the semicolon the following ‘‘, except that notwith16 standing this clause such an action may be brought

17 immediately after such notification in the case of an

18 action against any person regarding an emergency

19 posing a significant risk to any species of fish or

20 wildlife or plant included in a list under section 4(c)

21 or proposed for inclusion in such a list’’; and

22 (3) in paragraph (2)(B)(i), by inserting before

23 the semicolon the following: ‘‘, except that notwith24 standing this clause such an action may be brought

25 immediately after such notification in the case of an
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1 action under this section against any person regard2 ing an emergency posing a significant risk to any

3 species of fish or wildlife or plant included in a list

4 under section 4(c)’’.

5 SEC. 110. NATURAL RESOURCE DAMAGE LIABILITY.

6 Section 11 (16 U.S.C. 1540) is amended by adding

7 at the end the following:

8 ‘‘(i) NATURAL RESOURCE DAMAGE LIABILITY.—

9 ‘‘(1) IN GENERAL.—Any person who, in viola10 tion of this Act, negligently damages any member or

11 habitat of a species included in a list under section

12 4(c)—

13 ‘‘(A) shall be liable to the United States

14 for the costs incurred by the United States in

15 restoring or replacing the member or habitat,

16 including reasonable costs of assessing such

17 damage; and

18 ‘‘(B) shall be liable to a State for the costs

19 incurred by the State in restoring or replacing

20 the member or habitat under a management

21 agreement with the Secretary under section

22 6(a) or a cooperative agreement with the Sec23 retary under section 6(c), including reasonable

24 costs of assessing such damage.
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1 ‘‘(2) DEPOSIT.—Amounts received by the

2 United States under this subsection shall be depos3 ited in the Habitat Conservation Plan Fund estab4 lished under section 10, and may be obligated only

5 for the acquisition or rehabilitation of damaged habi6 tat or populations.

7 ‘‘(3) CIVIL ACTIONS BY SECRETARY.—The Sec8 retary may commence a civil action on behalf of the

9 United States under this subsection.

10 ‘‘(4) NOTICE.—No action may be commenced

11 under this paragraph by the Secretary or a State be12 fore the end of the 60-day period beginning on the

13 date the Secretary or the State, respectively, pro14 vides written notice of the action to the person

15 against whom the action is commenced.’’.

16 TITLE II—TAX INCENTIVES

17 SEC. 201. ENDANGERED SPECIES CONSERVATION AGREE18 MENTS.

19 Section 5 (16 U.S.C. 1534) is amended by adding

20 at the end the following new subsection:

21 ‘‘(c) ENDANGERED SPECIES CONSERVATION AGREE22 MENTS.—

23 ‘‘(1) IN GENERAL.—The Secretary may enter

24 into an agreement in accordance with this sub25 section, to be known as an ‘endangered species con-
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1 servation agreement’, with any person that is an

2 owner or lessee of real property on which will be car3 ried out conservation measures for any species de4 scribed in paragraph (3) in accordance with the

5 agreement.

6 ‘‘(2) REQUIRED TERMS.—The Secretary shall

7 include in an agreement with a person under this

8 subsection provisions that—

9 ‘‘(A) require the person—

10 ‘‘(i) to carry out on real property

11 owned or leased by the person activities

12 not otherwise required by law that contrib13 ute to the conservation of a species de14 scribed in paragraph (3);

15 ‘‘(ii) to refrain from carrying out on

16 real property owned or leased by the per17 son otherwise lawful activities that would

18 inhibit the conservation of a species de19 scribed in paragraph (3); or

20 ‘‘(iii) to do any combination of clauses

21 (i) and (ii);

22 ‘‘(B) describe the real property referred to

23 in subparagraph (A) (i) and (ii);
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1 ‘‘(C) specify species conservation goals for

2 such actions by the person, and measures for

3 attaining such goals;

4 ‘‘(D) require the person to make measur5 able progress each year in achieving those

6 goals;

7 ‘‘(E) specify actions to be taken by the

8 Secretary or the person (or both) to monitor

9 the effectiveness of the agreement in attaining

10 those conservation goals;

11 ‘‘(F) require the person to notify the Sec12 retary if—

13 ‘‘(i) any right or obligation of the per14 son under the agreement is assigned to any

15 other person; or

16 ‘‘(ii) any term of the agreement is

17 breached by the person or any other person

18 to whom is assigned a right or obligation

19 of the person under the agreement;

20 ‘‘(G) specify the date on which the agree21 ment takes effect; and

22 ‘‘(H) provide that the agreement shall not

23 be in effect on and after any date on which the

24 Secretary publishes a certification under para-
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1 graph (4) that the person has not complied the

2 agreement.

3 ‘‘(3) COVERED SPECIES.—A species referred to

4 in paragraphs (2)(A) (i) and (ii) is any species that

5 is—

6 ‘‘(A) listed as an endangered species or

7 threatened species under section 4;

8 ‘‘(B) proposed for such listing under sec9 tion 4; or

10 ‘‘(C) identified by the Secretary as a can11 didate for such listing under section 4.

12 ‘‘(4) REVIEW AND APPROVAL OF PROPOSED

13 AGREEMENTS BY SECRETARY.—Upon submission by

14 any person of a proposed agreement under this sub15 section, the Secretary—

16 ‘‘(A) shall review the proposed agreement

17 and determine whether it complies with the re18 quirements of this subsection; and

19 ‘‘(B) if the Secretary determines that the

20 agreement complies with the requirements of

21 this subsection, shall—

22 ‘‘(i) approve and enter with the per23 son into the agreement; and

24 ‘‘(ii) promptly notify the Secretary of

25 the Treasury that the agreement has been
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1 entered into, specifying the date on which

2 the agreement takes effect.

3 ‘‘(5) MONITORING IMPLEMENTATION OF

4 AGREEMENT.—The Secretary shall—

5 ‘‘(A) periodically monitor the implementa6 tion of each agreement entered into under this

7 subsection; and

8 ‘‘(B) based on the information obtained

9 from that monitoring, annually certify to the

10 Secretary of the Treasury whether or not each

11 person that has entered into an agreement

12 under this subsection has complied with the

13 agreement.

14 ‘‘(6) STATE COOPERATION.—The Secretary

15 shall establish a technical assistance program in co16 operation with the States to assist landowners in the

17 development and implementation of endangered spe18 cies conservation agreements.’’.

19 SEC. 202. DEFERRAL OF ESTATE TAXES FOR REAL PROP20 ERTY SUBJECT TO ENDANGERED SPECIES

21 CONSERVATION AGREEMENT.

22 (a) IN GENERAL.—Part IV of subchapter A of chap23 ter 11 of the Internal Revenue Code of 1986 (relating to

24 taxable estate) is amended by adding at the end the follow25 ing new section:
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1 ‘‘SEC. 2058. CERTAIN REAL PROPERTY SUBJECT TO ENDAN2 GERED SPECIES CONSERVATION AGREE3 MENT.

4 ‘‘(a) GENERAL RULE.—If—

5 ‘‘(1) on the due date (including extensions) for

6 filing the return of tax imposed by section 2001 with

7 respect to the estate of the decedent, an endangered

8 species conservation agreement is in effect with re9 spect to any real property included in the decedent’s

10 estate,

11 ‘‘(2) the executor of such estate—

12 ‘‘(A) elects the application of this section

13 with respect to such real property, and

14 ‘‘(B) files such agreement with the Sec15 retary, and

16 ‘‘(3) each person entering into such agreement

17 consents to the application of subsection (c),

18 then, for purposes of the tax imposed by section 2001,

19 the value of the taxable estate shall be determined by de20 ducting from the value of the gross estate an amount

21 equal to the value of such real property.

22 ‘‘(b) ENDANGERED SPECIES CONSERVATION AGREE23 MENT.—For purposes of this section, the term ‘endan24 gered species conservation agreement’ means, with respect

25 to any real property, any endangered species conservation

26 agreement (as defined in section 5(c) of the Endangered
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1 Species Act of 1973) which is entered into by each person

2 who has an interest in such property (whether or not in

3 possession).

4 ‘‘(c) RECAPTURE OF TAX BENEFIT.—

5 ‘‘(1) DISPOSITION OF INTEREST; MATERIAL

6 BREACH OR TERMINATION OF AGREEMENT.—

7 ‘‘(A) IN GENERAL.—Except as provided in

8 subparagraph (C), if—

9 ‘‘(i) any person disposes of any inter10 est in any property subject to an endan11 gered species conservation agreement,

12 ‘‘(ii) there is a material breach by any

13 person who holds an interest in such prop14 erty of such agreement, or

15 ‘‘(iii) such agreement terminates,

16 then there is hereby imposed an additional es17 tate tax.

18 ‘‘(B) AMOUNT OF TAX.—The amount of

19 the tax imposed by subparagraph (A) with re20 spect to any interest shall be the amount which

21 bears the same ratio to the fair market value of

22 such interest (as of the date of the event caus23 ing such tax to be imposed) as—

24 ‘‘(i) the excess of—
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1 ‘‘(I) what would have been the

2 estate tax liability but for subsection

3 (a) over

4 ‘‘(II) the estate tax liability,

5 bears to

6 ‘‘(ii) the value of such interest which

7 would have been included in determining

8 the gross estate but for subsection (a).

9 For purposes of this subparagraph, the term

10 ‘estate tax liability’ means the tax imposed by

11 section 2001 reduced by the credits allowable

12 against such tax.

13 ‘‘(C) EXCEPTION IF TRANSFEREE AS14 SUMES OBLIGATIONS OF TRANSFEROR.—Sub15 paragraph (A)(i) shall not apply to a disposition

16 if the transferee enters into a binding written

17 agreement—

18 ‘‘(i) to assume the obligations imposed

19 on the transferor under the endangered

20 species conservation agreement,

21 ‘‘(ii) to assume personal liability for

22 any tax imposed under subparagraph (A)

23 with respect to—

24 ‘‘(I) any future disposition or

25 breach by such transferee, and
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1 ‘‘(II) the termination of the

2 agreement if such transferee holds an

3 interest in such property as of such

4 termination, and

5 ‘‘(iii) to provide written notice to the

6 Secretary who entered into the endangered

7 species conservation agreement that the

8 transferee has assumed such obligations

9 and liabilities.

10 ‘‘(2) DUE DATE OF ADDITIONAL TAX.—The tax

11 imposed by paragraph (1) shall become due and pay12 able on—

13 ‘‘(A) in a case described in paragraph

14 (1)(A)(i), the day that is 6 months after the

15 date of the disposition, and

16 ‘‘(B) in a case described in clause (ii) or

17 (iii) of paragraph (1)(A), on April 15 of the cal18 endar year following the calendar year in which

19 there is a finding under section 5(c)(2) of the

20 Endangered Species Act of 1973 that the event

21 described in such clause has occurred.

22 ‘‘(d) STATUTE OF LIMITATIONS.—If a taxpayer in23 curs a tax liability pursuant to subsection (c), then—

24 ‘‘(1) the statutory period for the assessment of

25 any additional tax imposed by subsection (c) shall
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1 not expire before the expiration of 3 years from the

2 date the Secretary is notified (in such manner as the

3 Secretary may by regulation prescribe) of the incur4 ring of such tax liability, and

5 ‘‘(2) such additional tax may be assessed before

6 the expiration of such 3-year period notwithstanding

7 the provisions of any other law or rule of law that

8 would otherwise prevent such assessment.

9 ‘‘(e) ELECTION AND FILING OF AGREEMENT.—The

10 election under this section shall be made on the return

11 of the tax imposed by section 2001. Such election, and

12 the filing under subsection (a) of an endangered species

13 conservation agreement, shall be made in such manner as

14 the Secretary shall by regulation provide.’’

15 (b) CLERICAL AMENDMENT.—The table of sections

16 for part IV of subchapter A of chapter 11 of such Code

17 is amended by adding at the end the following new item:

‘‘Sec. 2058. Certain real property subject to endangered species

conservation agreement.’’

18 (c) EFFECTIVE DATE.—The amendments made by

19 this section shall apply to estates of decedents dying after

20 the date of the enactment of this Act.
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1 SEC. 203. ADDITIONAL DEDUCTION FOR CERTAIN STATE

2 AND LOCAL REAL PROPERTY TAXES IM3 POSED WITH RESPECT TO PROPERTY SUB4 JECT TO AN ENDANGERED SPECIES CON5 SERVATION AGREEMENT.

6 (a) IN GENERAL.—Section 164 of the Internal Reve7 nue Code of 1986 is amended by redesignating subsection

8 (g) as subsection (h) and by adding the following new sub9 section (g):

10 ‘‘(g) ADDITIONAL DEDUCTION FOR CERTAIN STATE

11 AND LOCAL PROPERTY TAXES IMPOSED WITH RESPECT

12 TO PROPERTY SUBJECT TO AN ENDANGERED SPECIES

13 CONSERVATION AGREEMENT.—

14 ‘‘(1) GENERAL RULE.—Except as provided in

15 paragraph (3), there shall be allowed as a deduction

16 an amount equal to 25 percent of the deduction al17 lowed for the taxable year under this section (with18 out regard to this subsection) for State and local

19 real property taxes imposed on property to which

20 this subsection applies. The deduction under this

21 subsection shall be in addition to any other deduc22 tion allowed by this section.

23 ‘‘(2) PROPERTY TO WHICH SUBSECTION AP24 PLIES.—This subsection shall apply to property

25 which, on the last day of the taxable year—
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1 ‘‘(A) is subject to an endangered species

2 conservation agreement under section 5(c) of

3 the Endangered Species Act of 1973 (16 U.S.C.

4 1534(c)), and

5 ‘‘(B) with respect to which no event de6 scribed in section 2058(c)(1)(A) (other than a

7 disposition described in section 2058(c)(1)(C))

8 has occurred.

9 ‘‘(3) DEDUCTION NOT ALLOWED.—No deduc10 tion shall be allowed pursuant to this subsection for

11 taxes imposed upon real property subject to a per12 petual easement that is valued pursuant to section

13 170(h)(7).’’.

14 (b) EFFECTIVE DATE.—The amendment made by

15 this section shall apply to taxable years ending after the

16 date of the enactment of this Act.

17 SEC. 204. CREDIT FOR COSTS OF COMPLIANCE WITH EN18 DANGERED SPECIES CONSERVATION AGREE19 MENT.

20 (a) IN GENERAL.—Subpart B of part IV of sub21 chapter A of chapter 1 of the Internal Revenue Code of

22 1986 is amended by adding at the end the following new

23 section:
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1 ‘‘SEC. 30B. COSTS OF COMPLIANCE WITH ENDANGERED

2 SPECIES CONSERVATION AGREEMENT.

3 ‘‘(a) IN GENERAL.—There shall be allowed as a cred4 it against the tax imposed by this chapter for the taxable

5 year an amount equal to the endangered species conserva6 tion agreement costs paid or incurred by the taxpayer dur7 ing the taxable year.

8 ‘‘(b) ENDANGERED SPECIES CONSERVATION AGREE9 MENT COSTS.—For purposes of subsection (a), the term

10 ‘endangered species conservation agreement costs’ means

11 expenses which would not have been incurred by the tax12 payer but for an endangered species conservation agree13 ment (as defined in section 5(c) of the Endangered Species

14 Act of 1973) entered into by the taxpayer.

15 ‘‘(c) APPLICATION WITH OTHER CREDITS.—The

16 credit allowed by subsection (a) for any taxable year shall

17 not exceed the excess (if any) of—

18 ‘‘(1) the regular tax for the taxable year re19 duced by the sum of the credits allowable under sub20 part A and the preceding sections of this subpart,

21 over

22 ‘‘(2) the tentative minimum tax for the taxable

23 year.’’

24 (b) CLERICAL AMENDMENT.—The table of sections

25 for such subpart B is amended by adding at the end the

26 following new item:
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‘‘Sec. 30B. Costs of compliance with endangered species conservation agreement.’’

1 (c) EFFECTIVE DATE.—The amendments made by

2 this section shall apply to taxable years ending after the

3 date of the enactment of this Act.

4 TITLE III—AUTHORIZATION OF

5 APPROPRIATIONS

6 SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

7 Section 15 (16 U.S.C. 1542) is amended to read as

8 follows:

9 ‘‘AUTHORIZATION OF APPROPRIATIONS

10 ‘‘SEC. 15. (a) IN GENERAL.—There are authorized

11 to be appropriated—

12 ‘‘(1) to the Secretary of the Interior for carry13 ing out this Act—

14 ‘‘(A) $130,000,000 for fiscal year 2000;

15 ‘‘(B) $135,000,000 for fiscal year 2001;

16 ‘‘(C) $140,000,000 for fiscal year 2002;

17 and

18 ‘‘(D) $145,000,000 for fiscal year 2003;

19 and

20 ‘‘(2) to the Secretary of Commerce for carrying

21 out this Act—

22 ‘‘(A) $30,000,000 for fiscal year 2000;

23 ‘‘(B) $35,000,000 for fiscal year 2001;

24 ‘‘(C) $40,000,000 for fiscal year 2002; and
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1 ‘‘(D) $45,000,000 for fiscal year 2003.

2 ‘‘(b) CONVENTION IMPLEMENTATION.—In addition

3 to other amounts authorized by this section, there are au4 thorized to be appropriated to the Secretary of the Interior

5 for carrying out functions under section 8 related to imple6 mentation of the Convention on International Trade in

7 Endangered Species of Wild Fauna and Flora—

8 ‘‘(1) $3,000,000 for each of fiscal years 2000

9 and 2001; and

10 ‘‘(2) $4,000,000 for each of fiscal years 2002

11 and 2003.

12 ‘‘(c) HABITAT CONSERVATION PLAN FUND.—In ad13 dition to other amounts authorized by this section, there

14 are authorized to be appropriated to the Habitat Con15 servation Plan Fund established under section 10

16 $20,000,000 for each of fiscal years 2000, 2001, 2002,

17 and 2003.

18 ‘‘(d) COOPERATIVE AGREEMENT FUNDS.—In addi19 tion to other amounts authorized by this section, there are

20 authorized to be appropriated—

21 ‘‘(1) to the Secretary of the Interior for enter22 ing into cooperative agreements under section 6 with

23 States and Indian Tribes, $20,000,000 for each of

24 fiscal years 2000, 2001, 2002, and 2003; and
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1 ‘‘(2) to the Secretary of Commerce for entering

2 into cooperative agreements under section 6 with

3 States and Indian Tribes, $5,000,000 for each of

4 fiscal years 2000, 2001, 2002, and 2003.’’.

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