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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4589 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 4589

 To amend the Endangered Species Act of 1973 to increase transparency, 
 to support regulatory certainty, and to reauthorize that Act, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 16, 2020

 Mr. Barrasso introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
 To amend the Endangered Species Act of 1973 to increase transparency, 
 to support regulatory certainty, and to reauthorize that Act, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Endangered Species 
Act Amendments of 2020''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
       TITLE I--TECHNICAL CORRECTIONS OF GENDER-SPECIFIC PRONOUNS

Sec. 101. Technical corrections of gender-specific pronouns.
     TITLE II--ENHANCING THE FEDERAL-STATE CONSERVATION PARTNERSHIP

Sec. 201. Definitions.
Sec. 202. State-Federal consultation relating to conservation and 
                            recovery of wildlife.
Sec. 203. Recovery of threatened and endangered species.
Sec. 204. Delisting, downlisting, and uplisting.
Sec. 205. Cooperation with States and Indian Tribes.
Sec. 206. State consultation regarding experimental populations.
Sec. 207. State participation in settlements.
   TITLE III--ENCOURAGING CONSERVATION ACTIVITIES THROUGH REGULATORY 
                               CERTAINTY

Sec. 301. Sense of Congress regarding conservation agreements and 
                            activities.
Sec. 302. Conservation agreements as factors in listing decisions.
Sec. 303. Conservation efforts as regulatory mechanisms.
Sec. 304. Candidate conservation agreements with assurances.
Sec. 305. Safe harbor agreements.
Sec. 306. Conservation agreement templates.
 TITLE IV--STRENGTHENING CONSERVATION DECISIONMAKING THROUGH INCREASED 
                              TRANSPARENCY

Sec. 401. Transparency of information.
Sec. 402. Transparency in litigation.
    TITLE V--OPTIMIZING CONSERVATION THROUGH RESOURCE PRIORITIZATION

Sec. 501. Prioritization of listing petitions, reviews, and 
                            determinations.
               TITLE VI--STUDIES TO IMPROVE CONSERVATION

Sec. 601. Definition of Secretaries.
Sec. 602. Study to review conservation factors.
Sec. 603. Study and report on expenditures.
Sec. 604. Study to quantify litigation expenses.
                       TITLE VII--REAUTHORIZATION

Sec. 701. Reauthorization.
                       TITLE VIII--MISCELLANEOUS

Sec. 801. Effect.
Sec. 802. Sense of the Senate.

       TITLE I--TECHNICAL CORRECTIONS OF GENDER-SPECIFIC PRONOUNS

SEC. 101. TECHNICAL CORRECTIONS OF GENDER-SPECIFIC PRONOUNS.

    (a) Determination of Endangered Species and Threatened Species.--
Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is 
amended--
            (1) in subsection (a)(2)--
                    (A) by striking subparagraphs (A) and (B) and 
                inserting the following:
                    ``(A) in any case in which the Secretary of 
                Commerce determines that the species should be--
                            ``(i) listed as an endangered species or a 
                        threatened species, or changed in status from a 
                        threatened species to an endangered species--
                                    ``(I) the Secretary of Commerce 
                                shall submit to the Secretary of the 
                                Interior a notice of the determination; 
                                and
                                    ``(II) the Secretary of the 
                                Interior shall list the species in 
                                accordance with this section; or
                            ``(ii) removed from any list published 
                        pursuant to subsection (c), or changed in 
                        status from an endangered species to a 
                        threatened species--
                                    ``(I) the Secretary of Commerce 
                                shall recommend that action to the 
                                Secretary of the Interior; and
                                    ``(II) the Secretary of the 
                                Interior, on concurrence with the 
                                recommendation, shall implement the 
                                action; and''; and
                    (B) by redesignating subparagraph (C) as 
                subparagraph (B) and indenting the subparagraph 
                appropriately;
            (2) in subsection (b)--
                    (A) in paragraph (1)(A), by striking ``to him'';
                    (B) in paragraph (2), in the second sentence, by 
                striking ``he determines'' each place it appears and 
                inserting ``the Secretary determines'';
                    (C) in paragraph (3)(D)(ii), by striking ``the 
                Secretary shall'' and all that follows through the 
                period at the end and inserting the following: ``the 
                Secretary shall--
                                    ``(I) determine the means by which 
                                to proceed with the requested revision; 
                                and
                                    ``(II) promptly publish in the 
                                Federal Register a notice of the 
                                determination.'';
                    (D) in paragraph (5)(C), by striking ``he deems'' 
                and inserting ``the Secretary determines to be'';
                    (E) in paragraph (6)(B)(ii), in the third sentence, 
                by striking ``he determines'' and inserting ``the 
                Secretary determines''; and
                    (F) in paragraph (7), in the third sentence of the 
                undesignated matter following subparagraph (B), by 
                striking ``he shall withdraw it'' and inserting ``the 
                Secretary shall withdraw the regulation'';
            (3) in subsection (c)(1), in the first sentence, by 
        striking ``by him'' each place it appears and inserting ``by 
        the Secretary'';
            (4) in subsection (d), in the first sentence, by striking 
        ``he deems'' and inserting ``the Secretary determines to be'';
            (5) in subsection (e)--
                    (A) by redesignating subparagraphs (B) and (C) as 
                paragraphs (2) and (3), respectively, and indenting the 
                paragraphs appropriately; and
                    (B) by striking ``and to the extent'' in the matter 
                preceding subparagraph (A) and all that follows through 
                ``(A) such species'' and inserting the following: ``to 
                the extent the Secretary determines to be advisable, 
                treat any species as an endangered species or 
                threatened species, regardless of whether the species 
                is listed pursuant to this section, if the Secretary 
                finds that--
            ``(1) the species''; and
            (6) in subsection (f)(1), in the first sentence of the 
        matter preceding subparagraph (A), by striking ``he finds'' and 
        inserting ``the Secretary finds''.
    (b) Land Acquisition.--Section 5(a)(2) of the Endangered Species 
Act of 1973 (16 U.S.C. 1534(a)(2)) is amended by striking ``in him'' 
and inserting ``in the Secretary''.
    (c) Cooperation With States.--Section 6 of the Endangered Species 
Act of 1973 (16 U.S.C. 1535) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by striking ``he'' each place it 
                appears and inserting ``the Secretary''; and
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by striking ``he'' each place it 
                appears and inserting ``the Secretary'';
            (2) in subsection (d)(2)--
                    (A) by striking the paragraph designation and all 
                that follows through ``agreement; and'' in clause (i) 
                and inserting the following:
            ``(2) Cooperative agreement requirements.--
                    ``(A) In general.--A cooperative agreement under 
                this section shall include provisions relating to--
                            ``(i) the benefits expected to be derived 
                        in connection with the conservation of each 
                        applicable endangered species or threatened 
                        species;
                            ``(ii) the actions to be carried out by--
                                    ``(I) the Secretary; and
                                    ``(II) each applicable State;
                            ``(iii) the estimated cost of the actions 
                        described in clause (ii); and
                            ``(iv) subject to subparagraph (B), the 
                        Federal and non-Federal shares of those costs.
                    ``(B) Federal share.--In establishing the 
                provisions required under subparagraph (A)(iv), the 
                Secretary shall ensure that--
                            ``(i) the Federal share of the applicable 
                        program costs shall not exceed 75 percent of 
                        the estimated program cost, as stated in the 
                        cooperative agreement; but''; and
                    (B) in the undesignated matter following clause 
                (ii) of subparagraph (B) (as so designated)--
                            (i) in the second sentence--
                                    (I) by striking ``Secretary, whose 
                                decision'' and inserting the following: 
                                ``Secretary.
                                    ``(II) Treatment of 
                                determination.--A determination of the 
                                Secretary pursuant to subclause (I)''; 
                                and
                                    (II) by striking ``For the 
                                purposes'' and inserting the following:
                            ``(ii) Form of non-federal share.--
                                    ``(I) In general.--For purposes''; 
                                and
                            (ii) in the first sentence, by striking 
                        ``The Secretary may, in his discretion, and 
                        under such rules and regulations as he may 
                        prescribe, advance'' and inserting the 
                        following:
                    ``(C) Non-federal share.--
                            ``(i) In general.--At the discretion of the 
                        Secretary, the Secretary, by regulation, may 
                        advance'';
            (3) in subsection (e), by striking ``his periodic review'' 
        and inserting ``periodic review by the Secretary''; and
            (4) in subsection (g)(2)(B)(ii), in the first sentence, by 
        striking ``applies such prohibition after he finds, and 
        publishes his finding, that'' and inserting ``applies the 
        prohibition after publishing a determination by the Secretary 
        that''.
    (d) Interagency Cooperation.--Section 7 of the Endangered Species 
Act of 1973 (16 U.S.C. 1536) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), in the first sentence, by 
                striking ``administered by him and utilize such'' and 
                inserting ``administered by the Secretary, and use 
                those''; and
                    (B) in paragraph (3), by striking ``his project'' 
                and inserting ``the project of the applicant'';
            (2) in subsection (b)(3)(A), in the second sentence, by 
        striking ``which he'' and inserting ``that the Secretary''; and
            (3) in subsection (g)--
                    (A) in paragraph (4), by striking ``requirements 
                set forth in paragraph (3)(A) (i), (ii) and (iii) he 
                shall, in consultation with the Members of the 
                Committee, hold'' and inserting ``requirements under 
                clauses (i), (ii), and (iii) of paragraph (3)(A), the 
                Secretary, in consultation with the Committee, shall 
                hold''; and
                    (B) in paragraph (7), by striking ``such agency to 
                the Secretary to assist him in carrying out his duties 
                under'' and inserting ``the Federal agency to the 
                Secretary to assist the Secretary in carrying out''.
    (e) International Cooperation.--Section 8 of the Endangered Species 
Act of 1973 (16 U.S.C. 1537) is amended--
            (1) in subsection (a), in the second sentence, by striking 
        ``he deems'' and inserting ``the President determines to be'';
            (2) in subsection (b)(3), by striking ``as he'' and 
        inserting ``as the Secretary'';
            (3) in subsection (c)(1), by striking ``his department'' 
        and inserting ``the Department of the Secretary''; and
            (4) in subsection (d), by striking ``he deems'' and 
        inserting ``the Secretary determines to be''.
    (f) Convention Implementation.--Section 8A(c)(2) of the Endangered 
Species Act of 1973 (16 U.S.C. 1537a(c)(2)) is amended by striking ``by 
him'' and inserting ``by the Secretary''.
    (g) Prohibited Acts.--Section 9 of the Endangered Species Act of 
1973 (16 U.S.C. 1538) is amended--
            (1) in subsection (d)(2)--
                    (A) in subparagraph (A), by striking ``by him'' 
                each place it appears and inserting ``by the person''; 
                and
                    (B) in subparagraph (B), by striking ``his place of 
                business, an opportunity to examine his inventory'' and 
                inserting ``the place of business of the person, an 
                opportunity to examine the inventory of the person''; 
                and
            (2) in subsection (f)(1), in the third sentence--
                    (A) by striking ``as he'' and inserting ``as the 
                Secretary''; and
                    (B) by striking ``if, in his discretion, he deems 
                it'' and inserting ``as the Secretary determines to 
                be''.
    (h) Exceptions.--Section 10 of the Endangered Species Act of 1973 
(16 U.S.C. 1539) is amended--
            (1) in subsection (a), by striking ``he'' each place it 
        appears and inserting ``the Secretary'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``applies to 
                him'' and inserting ``submits to the Secretary an 
                application''; and
                    (B) in paragraph (3)--
                            (i) in the first sentence, by striking ``as 
                        he deems fit'' and inserting ``as the Secretary 
                        determines to be appropriate''; and
                            (ii) in the second sentence, by striking 
                        ``in his discretion'';
            (3) in subsection (d)--
                    (A) by striking ``such endangered species, and (3) 
                will'' and inserting the following: ``an endangered 
                species; and
            ``(3) will'';
                    (B) by striking ``faith, (2) if granted and 
                exercised'' and inserting the following: ``faith;
            ``(2) if granted and exercised,''; and
                    (C) by striking ``and (b) of this section only if 
                he finds and publishes his finding in the Federal 
                Register that (1) such'' and inserting the following: 
                ``and (b) only if the Secretary publishes in the 
                Federal Register a determination by the Secretary 
                that--
            ``(1) the'';
            (4) in subsection (e)(4), in the first sentence--
                    (A) by striking ``the provisions of paragraph (1) 
                of this subsection, whenever'' and inserting 
                ``paragraph (1), in any case in which''; and
                    (B) by striking ``he may'' and inserting ``the 
                Secretary may''; and
            (5) in subsection (f), by striking ``he'' each place it 
        appears and inserting ``the Secretary''.
    (i) Penalties and Enforcement.--Section 11 of the Endangered 
Species Act of 1973 (16 U.S.C. 1540) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), in the eighth sentence, by 
                striking ``his action'' and inserting ``the action of 
                the Secretary''; and
                    (B) in paragraph (3), by striking ``that he'' and 
                inserting ``that the defendant'';
            (2) in subsection (b)(3), by striking ``that he'' and 
        inserting ``that the defendant'';
            (3) in subsection (d), in the third sentence, by striking 
        ``his official duties'' and inserting ``an official duty'';
            (4) in subsection (e)--
                    (A) in paragraph (3), in the second sentence, by 
                striking ``Such persons may make arrests without a 
                warrant for any violation of this Act if he has 
                reasonable grounds to believe that the person to be 
                arrested is committing the violation in his presence or 
                view'' and inserting ``An authorized person described 
                in this paragraph may make an arrest without a warrant 
                for any violation of this Act, if the authorized person 
                has reasonable grounds to believe that the individual 
                to be arrested is committing the violation in the 
                presence or view of the authorized person''; and
                    (B) in paragraph (5), by striking ``the Secretary 
                or by such persons as he may designate'' and inserting 
                ``the Secretary (or a designee)''; and
            (5) in subsection (g)(1), in the matter preceding 
        subparagraph (A), by striking ``his own behalf'' and inserting 
        ``behalf of the person''.
    (j) Exemptions From Act.--Section 15(b) of the Endangered Species 
Act of 1973 (16 U.S.C. 1542(b)) is amended by striking ``to assist him 
and the Endangered Species Committee in carrying out their functions 
under sections 7 (e), (g), and (h)'' and inserting ``to assist the 
Secretary and the Endangered Species Committee in carrying out 
subsections (e), (g), and (h) of section 7''.

     TITLE II--ENHANCING THE FEDERAL-STATE CONSERVATION PARTNERSHIP

SEC. 201. DEFINITIONS.

    (a) In General.--Section 3 of the Endangered Species Act of 1973 
(16 U.S.C. 1532) is amended--
            (1) by striking the section designation and heading and all 
        that follows through ``purposes of this Act--'' in the matter 
        preceding paragraph (1) and inserting the following:

``SEC. 3. DEFINITIONS.

    ``In this Act:'';
            (2) by redesignating paragraphs (1), (2) through (4), (5), 
        (6) through (9), (10), (12) through (14), and (15) through (21) 
        as paragraphs (2), (4) through (6), (8), (10) through (13), 
        (15), (17) through (19), and (22) through (28), respectively;
            (3) by inserting before paragraph (2) (as so redesignated) 
        the following:
            ``(1) Affected party.--The term `affected party' means any 
        unit of State, Tribal, or local government the rights of which 
        may be affected by a determination made under section 4(a) in 
        an action brought under section 11(g)(1)(C), including property 
        rights.'';
            (4) by inserting after paragraph (2) (as so redesignated) 
        the following:
            ``(3) Appropriately qualified scientist or other qualified 
        person.--The term `appropriately qualified scientist or other 
        qualified person'--
                    ``(A) has the meaning given the term by the 
                Secretary in the rulemaking under section 201(c)(2) of 
                the Endangered Species Act Amendments of 2020; and
                    ``(B) includes a person with, at a minimum, 
                expertise regarding a species, closer relatives of a 
                species, or the ecosystem on which a species 
                depends.'';
            (5) by inserting after paragraph (6) (as so redesignated) 
        the following:
            ``(7) Covered settlement.--The term `covered settlement' 
        means a consent decree or a settlement agreement in an action 
        brought under section 11(g)(1)(C).'';
            (6) by inserting after paragraph (8) (as so redesignated) 
        the following:
            ``(9) Eligible state agency.--The term `eligible State 
        agency'--
                    ``(A) has the meaning given the term by the 
                Secretary in the rulemaking under section 201(c)(2) of 
                the Endangered Species Act Amendments of 2020; and
                    ``(B) means a State agency of an impacted State 
                that, at a minimum, demonstrates adequate authority and 
                capability to develop and implement recovery plans and 
                implementation plans, as applicable.'';
            (7) by inserting after paragraph (13) (as so redesignated) 
        the following:
            ``(14) Impacted state.--The term `impacted State', with 
        respect to a threatened species or endangered species, means 
        any State in which the threatened species or endangered 
        species, as applicable, is believed to occur.'';
            (8) by inserting after paragraph (15) (as so redesignated) 
        the following:
            ``(16) Party with a direct interest in the land in which 
        the relevant species is believed to occur.--The term `party 
        with a direct interest in the land in which the relevant 
        species is believed to occur'--
                    ``(A) has the meaning given the term by the 
                Secretary in the rulemaking under section 201(c)(2) of 
                the Endangered Species Act Amendments of 2020; and
                    ``(B) includes--
                            ``(i) if a recovery team is established, 
                        each member of the recovery team;
                            ``(ii) if a recovery team is not 
                        established, appropriately qualified scientists 
                        and other qualified people who conduct the 
                        development of a recovery plan; and
                            ``(iii) parties who--
                                    ``(I) own, lease, or otherwise hold 
                                a legal interest in land in which the 
                                relevant species is believed to occur;
                                    ``(II) operate agricultural, 
                                energy, natural resource extraction, or 
                                other productive activities on the land 
                                in which the relevant species is 
                                believed to occur; and
                                    ``(III) conduct land, habitat, and 
                                conservation activities on the land in 
                                which the relevant species is believed 
                                to occur.''; and
            (9) by inserting after paragraph (19) (as so redesignated) 
        the following:
            ``(20) Recovery plan.--The term `recovery plan' means a 
        plan for the conservation and recovery of a threatened species 
        or an endangered species that--
                    ``(A) incorporates the best scientific and 
                commercial data available; and
                    ``(B) includes a description of the criteria and 
                measures that will be used to monitor implementation.
            ``(21) Recovery team.--The term `recovery team' means a 
        team established by the Secretary under section 4(f)(5)(B) for 
        the purpose of developing, implementing, monitoring, and 
        revising a recovery plan.''.
    (b) Conforming Amendments.--
            (1) Section 4(b) of the Endangered Species Act of 1973 (16 
        U.S.C. 1533(b)) is amended--
                    (A) in paragraph (2), in the first sentence, by 
                inserting ``and commercial'' after ``scientific''; and
                    (B) in paragraph (7), in the third sentence of the 
                undesignated matter following subparagraph (B), by 
                striking ``best appropriate data available to him'' and 
                inserting ``best scientific and commercial data 
                available''.
            (2) Section 7(n) of the Endangered Species Act of 1973 (16 
        U.S.C. 1536(n)) is amended, in the first sentence, by striking 
        ``, as defined by section 3(13) of this Act,''.
            (3) Section 10(j)(2)(B) of the Endangered Species Act of 
        1973 (16 U.S.C. 1539(j)(2)(B)) is amended by striking ``best 
        available information'' and inserting ``best scientific and 
        commercial data available''.
    (c) Definition Regulations.--
            (1) Sense of congress.--It is the sense of Congress that, 
        for purposes of the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.)--
                    (A) any comment submitted to the Secretary of the 
                Interior by a State (as defined in section 3 of that 
                Act (16 U.S.C. 1532)) should be afforded full and fair 
                consideration by the Secretary; and
                    (B) consultation with States to the maximum extent 
                possible, as required by that Act (as amended by this 
                Act), should be subject to a higher standard than the 
                ``maximum extent practicable'' consultation standard in 
                effect on the day before the date of enactment of this 
                Act.
            (2) Regulations.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of the Interior and the 
        Secretary of Commerce shall initiate a rulemaking to define, 
        for purposes of the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.)--
                    (A) the term ``full and fair consideration'', in 
                accordance with the sense of Congress expressed in 
                paragraph (1)(A);
                    (B) the term ``maximum extent possible'', with 
                respect to consultation with States, in accordance with 
                the sense of Congress expressed in paragraph (1)(B); 
                and
                    (C) the terms ``appropriately qualified scientist 
                or other qualified person'', ``eligible State agency'', 
                and ``party with a direct interest in the land in which 
                the relevant species is believed to occur'', in 
                accordance with section 3 of that Act (16 U.S.C. 1532) 
                (as amended by subsection (a)).

SEC. 202. STATE-FEDERAL CONSULTATION RELATING TO CONSERVATION AND 
              RECOVERY OF WILDLIFE.

    (a) Findings, Purposes, and Policy.--Section 2 of the Endangered 
Species Act of 1973 (16 U.S.C. 1531) is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively; and
                    (B) by inserting after paragraph (3) the following:
            ``(4) the States possess broad police powers and 
        authorities for the conservation and management of fish and 
        wildlife within State borders;''; and
            (2) in subsection (c)--
                    (A) by striking the subsection designation and 
                heading and all that follows through ``that all 
                Federal'' in paragraph (1) and inserting the following:
    ``(c) Policy.--It is the policy of Congress that--
            ``(1) all Federal'';
                    (B) in paragraph (1), by striking the period at the 
                end and inserting a semicolon;
                    (C) in paragraph (2)--
                            (i) by striking the period at the end and 
                        inserting ``; and''; and
                            (ii) by striking the paragraph designation 
                        and all that follows through ``that Federal 
                        agencies'' and inserting the following:
            ``(3) Federal agencies'';
                    (D) by inserting before paragraph (3) (as so 
                redesignated) the following:
            ``(2) the Federal agency authority for conservation and 
        management of fish and wildlife authorized by this Act should 
        be exercised in conjunction with the existing authorities of 
        the States for the conservation and management of fish and 
        wildlife;''; and
                    (E) by adding at the end the following:
            ``(4) Congress supports conservation actions to preclude 
        the need to list species as threatened species or endangered 
        species under this Act.''.
    (b) Action on Receipt of Petition To List.--Section 4(b)(3)(A) of 
the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)(A)) is 
amended--
            (1) in the third sentence, by striking ``The Secretary'' 
        and inserting the following:
                            ``(iii) Publication of findings.--The 
                        Secretary'';
            (2) in the second sentence, by striking ``If such a 
        petition is found to present such information'' and inserting 
        the following:
                            ``(ii) Review of species status.--If a 
                        petition under clause (i) is found to present 
                        the information described in that clause'';
            (3) by striking ``(3)(A) To'' and inserting the following:
            ``(3) Petitions from interested persons.--
                    ``(A) Action by secretary.--
                            ``(i) In general.--To''; and
            (4) by adding at the end the following:
                            ``(iv) Notification to states and indian 
                        tribes.--
                                    ``(I) In general.--If a petition is 
                                filed under clause (i), the Secretary 
                                shall--
                                            ``(aa) not later than 15 
                                        days after the date of receipt 
                                        of the petition--

                                                    ``(AA) provide to 
                                                the Governor and the 
                                                State agency of each 
                                                impacted State and to 
                                                each Indian Tribe with 
                                                jurisdiction over land 
                                                in which the species 
                                                covered by the petition 
                                                is believed to occur, a 
                                                notification of receipt 
                                                of the petition and a 
                                                copy of the petition; 
                                                and

                                                    ``(BB) make a copy 
                                                of the petition 
                                                publicly available on 
                                                the internet; and

                                            ``(bb) solicit comments 
                                        from the Governor, State 
                                        agency, and Indian Tribe, as 
                                        applicable, to be submitted to 
                                        the Secretary by not later than 
                                        the date that is 60 days after 
                                        the date of receipt of the 
                                        notification, regarding whether 
                                        the petitioned action may be 
                                        warranted.
                                    ``(II) Consideration of state and 
                                tribal comments.--Before the date of 
                                publication under this subparagraph of 
                                a determination that a petitioned 
                                action may be warranted, the Secretary 
                                shall give full and fair consideration 
                                to any State or Tribal comments 
                                submitted by the deadline described in 
                                subclause (I)(bb).''.
    (c) State and Tribal Participation in Regulatory Process.--Section 
4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (5)(A)--
                            (i) in clause (i), by striking ``, and'' at 
                        the end and inserting ``; and''; and
                            (ii) in clause (ii)--
                                    (I) by striking ``give'' and 
                                inserting ``provide'';
                                    (II) by striking ``to the State 
                                agency in each State'' and inserting 
                                the following: ``to, and invite the 
                                comment of--
                                    ``(I) the Governor and the State 
                                agency of each impacted State;
                                    ``(II) each Indian Tribe with 
                                jurisdiction over land'';
                                    (III) in subclause (II) (as so 
                                designated), by striking ``occur, and 
                                to each'' and inserting the following: 
                                ``occur; and
                                    ``(III) each''; and
                                    (IV) in subclause (III) (as so 
                                designated), by striking ``occur, and 
                                invite'' and all that follows through 
                                the semicolon at the end and inserting 
                                ``occur;''; and
                    (B) in paragraph (7)(B), by striking ``the State 
                agency in each State in which such species'' and 
                inserting ``the Governor and State agency of each 
                impacted State, and to each Indian Tribe with 
                jurisdiction over land in which the species''; and
            (2) by striking subsection (i) and inserting the following:
                            ``(i) Jurisdiction.--If, in the case of any 
                        regulation proposed by the Secretary pursuant 
                        to this section, a Governor, State agency, or 
                        Indian Tribe to which a notice of the proposed 
                        regulation was provided under subsection 
                        (b)(5)(A)(ii) or section 6(a)(2)(C) submits to 
                        the Secretary comments disagreeing with all or 
                        part of the proposed regulation, and the 
                        Secretary issues a final regulation that is in 
                        conflict with those comments, or if the 
                        Secretary fails to adopt a regulation pursuant 
                        to an action petitioned by a Governor, State 
                        agency, or Indian Tribe under subsection 
                        (b)(3), the Secretary shall submit to the 
                        Governor, State agency, or Indian Tribe a 
                        written justification for the failure to adopt 
                        regulations consistent with the relevant 
                        comments or petition.''.

SEC. 203. RECOVERY OF THREATENED AND ENDANGERED SPECIES.

    (a) In General.--Section 4(a) of the Endangered Species Act of 1973 
(16 U.S.C. 1533(a)) is amended--
            (1) by striking the subsection designation and heading and 
        all that follows through ``The Secretary'' in paragraph (1) and 
        inserting the following:
    ``(a) Determination by Secretary.--
            ``(1) In general.--The Secretary'';
            (2) in paragraph (1)--
                    (A) in each of subparagraphs (A) through (C), by 
                striking the semicolon at the end of the subparagraph 
                and inserting a period;
                    (B) in subparagraph (A), by striking ``(A) the'' 
                and inserting the following:
                    ``(A) The'';
                    (C) in subparagraph (B), by striking ``(B) 
                overutilization'' and inserting the following:
                    ``(B) Overutilization'';
                    (D) in subparagraph (C), by striking ``(C) 
                disease'' and inserting the following:
                    ``(C) Disease'';
                    (E) in subparagraph (D)--
                            (i) by striking ``(D) the'' and inserting 
                        the following:
                    ``(D) The''; and
                            (ii) by striking ``; or'' at the end and 
                        inserting a period; and
                    (F) in subparagraph (E), by striking ``(E) other'' 
                and inserting the following:
                    ``(E) Other''; and
            (3) by adding at the end the following:
            ``(4) Recovery goals.--
                    ``(A) In general.--The Secretary shall initiate a 
                status review to determine whether to delist or 
                downlist, as applicable, a threatened species or 
                endangered species in accordance with paragraph (5) if 
                the species achieves the recovery goals described in 
                the recovery plan for the species, which shall include 
                criteria established by the Secretary, in consultation 
                with impacted States.
                    ``(B) Requirements.--The recovery goals required 
                under subparagraph (A) shall--
                            ``(i) be based on the best scientific and 
                        commercial data available, including all 
                        information taken into consideration in the 
                        determination to list an applicable species; 
                        and
                            ``(ii) to the maximum extent practicable, 
                        be expressed using objective and measurable 
                        biological criteria.
                    ``(C) Modifications.--
                            ``(i) In general.--With the agreement of, 
                        at a minimum, \3/4\ of the representatives of 
                        State agencies from each impacted State 
                        participating as members of a recovery team, 
                        the recovery team may propose to the Secretary 
                        a modification of a recovery goal required 
                        under this paragraph based on new science, new 
                        technology, new management practices, new 
                        resources, or any other development that 
                        materially changes the underlying best 
                        scientific and commercial data available based 
                        on which the goal was established.
                            ``(ii) Approval by secretary.--Not later 
                        than 90 days after the Secretary receives a 
                        proposed modification under clause (i), the 
                        Secretary shall--
                                    ``(I) approve the proposed 
                                modification; or
                                    ``(II) reject the proposed 
                                modification.
                            ``(iii) Explanation.--If the Secretary 
                        rejects a proposed modification under clause 
                        (ii)(II), the Secretary shall provide a 
                        detailed, comprehensive, written explanation of 
                        the rejection to--
                                    ``(I) the recovery team for the 
                                species, if applicable;
                                    ``(II) each applicable State agency 
                                of an impacted State;
                                    ``(III) the Committees on 
                                Appropriations and Environment and 
                                Public Works of the Senate; and
                                    ``(IV) the Committees on 
                                Appropriations and Natural Resources of 
                                the House of Representatives.
                            ``(iv) No notice and comment required.--
                        Section 553 of title 5, United States Code, 
                        shall not apply to a modification approved by 
                        the Secretary under clause (ii)(I).
                            ``(v) Modifications not proposed by a 
                        recovery team.--
                                    ``(I) Modifications by the 
                                secretary.--Subject to subclauses (II) 
                                and (III), if a recovery team for a 
                                threatened species or endangered 
                                species does not propose a modification 
                                under this subparagraph, the Secretary 
                                may modify a recovery goal based on--
                                            ``(aa) new science;
                                            ``(bb) new technology;
                                            ``(cc) new management 
                                        practices;
                                            ``(dd) new resources; or
                                            ``(ee) any other 
                                        development that materially 
                                        changes the underlying best 
                                        scientific and commercial data 
                                        available under which the 
                                        recovery goal was established.
                                    ``(II) Explanation.--Before making 
                                a modification under subclause (I), the 
                                Secretary shall provide a detailed, 
                                comprehensive, written explanation of 
                                the proposal to--
                                            ``(aa) the recovery team 
                                        for the species;
                                            ``(bb) each applicable 
                                        State agency of an impacted 
                                        State;
                                            ``(cc) the Committees on 
                                        Appropriations and Environment 
                                        and Public Works of the Senate; 
                                        and
                                            ``(dd) the Committees on 
                                        Appropriations and Natural 
                                        Resources of the House of 
                                        Representatives.
                                    ``(III) Timing.--The Secretary may 
                                not make a modification under subclause 
                                (I) less than 30 days after the date on 
                                which the Secretary provides the 
                                explanation under subclause (II).
                                    ``(IV) No recovery team.--If there 
                                is no recovery team established for a 
                                threatened species or endangered 
                                species, the Secretary may modify a 
                                recovery goal based on any of the 
                                factors described in items (aa) through 
                                (ee) of subclause (I).
                    ``(D) Effect.--Nothing in this paragraph requires a 
                recovery goal to be achieved in order for the Secretary 
                to delist or downlist a threatened species or 
                endangered species under this section.''.
    (b) Recovery and Implementation.--Section 4(f) of the Endangered 
Species Act of 1973 (16 U.S.C. 1533(f)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by redesignating clauses 
                (i) through (iii) as subclauses (I) through (III), 
                respectively, and indenting the subclauses 
                appropriately;
                    (B) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively, and indenting the 
                clauses appropriately;
                    (C) in the matter preceding clause (i) (as so 
                redesignated), in the second sentence, by striking ``in 
                developing and implementing'' and inserting ``in 
                ensuring the development of''; and
                    (D) by adding at the end the following:
                    ``(B) Participants.--The Secretary shall ensure 
                that the development of a recovery plan--
                            ``(i) is conducted by appropriately 
                        qualified scientists and other qualified 
                        people, including representatives of--
                                    ``(I) the United States Fish and 
                                Wildlife Service or the National Marine 
                                Fisheries Service, as applicable;
                                    ``(II) other relevant Federal land 
                                and wildlife management agencies;
                                    ``(III) the State agency from each 
                                impacted State;
                                    ``(IV) other relevant State and 
                                local land, natural resources, water, 
                                and wildlife management agencies from 
                                each impacted State; and
                                    ``(V) relevant Indian Tribes, or 
                                Tribal land, natural resources, water, 
                                and wildlife management agencies, that 
                                have management authority over land in 
                                which the relevant species is believed 
                                to occur; and
                            ``(ii) may be informed by feedback from 
                        parties with a direct interest in the land in 
                        which the relevant species is believed to 
                        occur, including, as applicable, those parties 
                        described in paragraph (2)(C), specifically 
                        with regard to any practical consideration 
                        affecting the implementation of a recovery 
                        plan.'';
            (2) by striking the subsection designation and heading and 
        all that follows through ```recovery plans')'' and inserting 
        the following:
    ``(f) Recovery and Implementation.--
            ``(1) Recovery plans.--
                    ``(A) In general.--The Secretary shall ensure the 
                development of recovery plans'';
            (3) in paragraph (2)--
                    (A) in the first sentence, by striking ``in 
                developing and implementing'' and inserting ``in 
                ensuring the development of''; and
                    (B) by striking the second sentence;
            (4) in paragraph (3), by striking ``Committee on Merchant 
        Marine and Fisheries'' and inserting ``Committee on Natural 
        Resources'';
            (5) in paragraph (5), by striking ``paragraph (4)'' and 
        inserting ``subparagraph (E)'';
            (6) by redesignating paragraphs (2) through (5) as 
        subparagraphs (C) through (F), respectively, and indenting the 
        subparagraphs appropriately; and
            (7) by adding at the end the following:
            ``(2) Implementation plans.--
                    ``(A) In general.--The Secretary shall ensure the 
                development of implementation plans for the purpose of 
                implementing recovery plans established under paragraph 
                (1) for the conservation and survival of endangered 
                species and threatened species listed pursuant to this 
                section, unless the Secretary finds that such an 
                implementation plan will not promote the conservation 
                of the species.
                    ``(B) Requirements.--The Secretary, in ensuring the 
                development of an implementation plan, shall, to the 
                maximum extent practicable--
                            ``(i) give priority to the endangered 
                        species or threatened species, without regard 
                        to taxonomic classification, that are most 
                        likely to benefit from the implementation plan, 
                        particularly species that are, or may be, in 
                        conflict with construction or other development 
                        projects or other forms of economic activity;
                            ``(ii) incorporate into the implementation 
                        plan--
                                    ``(I) a description of such site-
                                specific management actions as may be 
                                necessary to achieve the goal of the 
                                implementation plan for the 
                                conservation and survival of the 
                                species;
                                    ``(II) a description of such 
                                research, captive propagation, or 
                                experimental actions as may be 
                                necessary to achieve the goal of the 
                                implementation plan for the 
                                conservation and survival of the 
                                species;
                                    ``(III) a description of such 
                                habitat protection or conservation 
                                actions as may be necessary to achieve 
                                the goal of the implementation plan for 
                                the conservation and survival of the 
                                species; and
                                    ``(IV) a description of any other 
                                actions as may be necessary to achieve 
                                the goal of the implementation plan for 
                                the conservation and survival of the 
                                species; and
                            ``(iii) provide estimates of the time 
                        required and the cost to carry out the measures 
                        needed to achieve the goal of the 
                        implementation plan and to achieve intermediate 
                        steps towards that goal.
                    ``(C) Participants.--The Secretary shall ensure 
                that the development of an implementation plan is 
                conducted by parties with a direct interest in the land 
                in which the relevant species is believed to occur, 
                including--
                            ``(i) appropriately qualified scientists 
                        and other qualified people who conduct the 
                        development of a recovery plan under paragraph 
                        (1); and
                            ``(ii) as applicable, representatives of--
                                    ``(I) private and public 
                                landowners;
                                    ``(II) agricultural production;
                                    ``(III) energy production;
                                    ``(IV) natural resource commodity 
                                groups and user industries;
                                    ``(V) homebuilders;
                                    ``(VI) water resources groups;
                                    ``(VII) outdoor recreation groups;
                                    ``(VIII) environmental groups; and
                                    ``(IX) land, habitat, and wildlife 
                                conservation groups.
                    ``(D) Modifications.--The eligible State agency 
                that is designated by the Secretary as the leader of 
                the development of an implementation plan shall amend 
                or modify the implementation plan as frequently as 
                appropriate to reflect changes in species conservation 
                status, conservation opportunities, new research, and 
                changes to the best scientific and commercial data 
                available regarding conservation strategies.
                    ``(E) No notice and comment required.--Section 553 
                of title 5, United States Code, shall not apply to the 
                development, amendment, or modification of an 
                implementation plan.
            ``(3) Implementation.--The Secretary shall ensure the 
        timely implementation of, as applicable, a recovery plan 
        established under paragraph (1) or an implementation plan 
        established under paragraph (2).
            ``(4) State leadership.--
                    ``(A) In general.--In carrying out this 
                subsection--
                            ``(i) in accordance with subparagraphs (B) 
                        and (C), the Secretary shall provide to each 
                        impacted State the opportunity--
                                    ``(I) to lead recovery planning, 
                                implementation planning, and 
                                implementation under paragraphs (1), 
                                (2), and (3), respectively;
                                    ``(II) to expedite threatened 
                                species or endangered species recovery 
                                by supporting State-level initiatives 
                                and partnerships; and
                                    ``(III) to increase flexibility and 
                                feasibility for the applicability of 
                                recovery plans under paragraph (1) and 
                                implementation plans under paragraph 
                                (2); and
                            ``(ii) the Secretary shall--
                                    ``(I) consult, to the maximum 
                                extent possible, with impacted States, 
                                including Governors, State agencies, 
                                and local land, natural resources, 
                                water, and wildlife management agencies 
                                of impacted States; and
                                    ``(II) give full and fair 
                                consideration to any comments or 
                                recommendations received from an 
                                impacted State.
                    ``(B) No recovery team or implementation team 
                established.--
                            ``(i) In general.--The Secretary, in 
                        consultation with the States, shall promulgate 
                        regulations governing a process by which, in a 
                        case in which a recovery team or implementation 
                        team is not established for a threatened 
                        species or endangered species under paragraph 
                        (5) or (6), respectively, the Secretary shall 
                        provide to an eligible State agency of an 
                        impacted State the opportunity--
                                    ``(I) to develop a recovery plan 
                                under paragraph (1) or an 
                                implementation plan under paragraph 
                                (2), as applicable; and
                                    ``(II) to implement that recovery 
                                plan or implementation plan, as 
                                applicable.
                            ``(ii) Requirements.--The regulations 
                        promulgated under clause (i) shall include 
                        guidelines, criteria, and a process that--
                                    ``(I) the Secretary shall follow 
                                when determining that--
                                            ``(aa) a State agency shall 
                                        be authorized as an eligible 
                                        State agency;
                                            ``(bb) an eligible State 
                                        agency shall be designated as 
                                        the leader of the development 
                                        of a recovery plan or 
                                        implementation plan, as 
                                        applicable, including in cases 
                                        in which 2 or more eligible 
                                        State agencies request to serve 
                                        as the leader;
                                            ``(cc) an eligible State 
                                        agency shall be designated as 
                                        the leader of the 
                                        implementation of a recovery 
                                        plan or implementation plan, as 
                                        applicable, including in cases 
                                        in which 2 or more eligible 
                                        State agencies request to serve 
                                        as the leader; and
                                            ``(dd) the authorization of 
                                        a State agency as an eligible 
                                        State agency shall be 
                                        withdrawn;
                                    ``(II) an eligible State agency 
                                that is designated as the leader of--
                                            ``(aa) the development of a 
                                        recovery plan shall follow in 
                                        order to cooperate with each 
                                        impacted State and participant 
                                        described in paragraph (1)(B);
                                            ``(bb) the development of 
                                        an implementation plan shall 
                                        follow in order to cooperate 
                                        with each impacted State and 
                                        participant described in 
                                        paragraph (2)(C); or
                                            ``(cc) the implementation 
                                        of a recovery plan or 
                                        implementation plan, as 
                                        applicable, shall follow in 
                                        order to cooperate with each 
                                        impacted State and participant 
                                        described in paragraph (1)(B) 
                                        or (2)(C), as applicable;
                                    ``(III) the Secretary or a designee 
                                of the Secretary, in consultation with 
                                each impacted State, shall follow when 
                                serving as the leader of the 
                                development of a recovery plan or 
                                implementation plan, as applicable, in 
                                any case in which--
                                            ``(aa) no eligible State 
                                        agency requests to serve as the 
                                        leader; or
                                            ``(bb) no eligible State 
                                        agency is designated by the 
                                        Secretary as the leader; and
                                    ``(IV) the Secretary or a designee 
                                of the Secretary, in consultation with 
                                each impacted State, shall follow when 
                                serving as the leader of the 
                                implementation of a recovery plan or 
                                implementation plan, as applicable, in 
                                any case in which--
                                            ``(aa) no eligible State 
                                        agency requests to serve as the 
                                        leader; or
                                            ``(bb) no eligible State 
                                        agency is designated by the 
                                        Secretary as the leader.
                    ``(C) Recovery team or implementation team 
                established.--
                            ``(i) In general.--In a case in which a 
                        recovery team or implementation team is 
                        established for a threatened species or 
                        endangered species under paragraph (5) or (6), 
                        as applicable, the Secretary shall provide to 
                        each impacted State the opportunity to lead the 
                        recovery team or implementation team, as 
                        applicable.
                            ``(ii) Responsibilities.--An impacted State 
                        that leads a recovery team or implementation 
                        team under clause (i) shall be responsible 
                        for--
                                    ``(I) developing a recovery plan or 
                                implementation plan, as applicable; and
                                    ``(II) implementing a recovery plan 
                                or implementation plan, as applicable.
            ``(5) Recovery teams.--
                    ``(A) In general.--If a species is included on the 
                list of threatened species or endangered species under 
                this section, an impacted State may request the 
                establishment of a recovery team with respect to the 
                applicable threatened species or endangered species and 
                shall submit that request to the Secretary.
                    ``(B) Establishment.--Not later than the deadline 
                for the establishment of a recovery team in the 
                schedule promulgated under paragraph (8)(A)(i), the 
                Secretary shall establish a science-based recovery team 
                for the species, if--
                            ``(i) an impacted State, acting alone or in 
                        conjunction with another impacted State, 
                        submits to the Secretary a request to establish 
                        the recovery team; or
                            ``(ii) in the case of such a species with 
                        respect to which more than 1 impacted State 
                        exists, the Secretary determines that 
                        establishing a recovery team would promote the 
                        conservation and recovery of the species.
                    ``(C) Membership.--
                            ``(i) In general.--The members of a 
                        recovery team--
                                    ``(I) shall be appointed by the 
                                Secretary;
                                    ``(II) shall be composed solely of 
                                appropriately qualified scientists and 
                                other qualified people; and
                                    ``(III) shall include 
                                representatives of--
                                            ``(aa) the United States 
                                        Fish and Wildlife Service or 
                                        the National Marine Fisheries 
                                        Service, as applicable;
                                            ``(bb) other relevant 
                                        Federal land and wildlife 
                                        management agencies;
                                            ``(cc) the State agency 
                                        from each impacted State, 
                                        unless the impacted State 
                                        elects not to participate in 
                                        the recovery team;
                                            ``(dd) other relevant State 
                                        and local land, natural 
                                        resources, water, and wildlife 
                                        management agencies from each 
                                        impacted State, nominated by 
                                        the Governor of the impacted 
                                        State, unless the impacted 
                                        State elects not to participate 
                                        in the recovery team; and
                                            ``(ee) relevant Indian 
                                        Tribes, or Tribal land, natural 
                                        resources, and wildlife 
                                        management agencies, that have 
                                        management authority over land 
                                        in which the relevant species 
                                        is believed to occur, unless 
                                        the Indian Tribe elects not to 
                                        participate in the recovery 
                                        team.
                            ``(ii) Composition.--
                                    ``(I) In general.--The Secretary, 
                                in consultation with the States, shall 
                                promulgate regulations governing the 
                                composition of a recovery team, 
                                including--
                                            ``(aa) criteria that the 
                                        Secretary shall follow when 
                                        determining the number of 
                                        members of a recovery team, 
                                        including the number of 
                                        representatives of each of the 
                                        Federal Government, 
                                        participating State 
                                        governments, and other 
                                        appropriately qualified 
                                        scientists and other qualified 
                                        people, which shall be 
                                        reasonably balanced;
                                            ``(bb) a process by which 
                                        the Secretary shall fill a 
                                        vacancy on the recovery team; 
                                        and
                                            ``(cc) a quorum requirement 
                                        that a recovery team shall meet 
                                        in order to conduct business 
                                        that requires, at a minimum, 
                                        the presence of \1/3\ of the 
                                        representatives of the State 
                                        agencies from participating 
                                        impacted States.
                            ``(iii) Leadership.--The Secretary, in 
                        consultation with the States, shall promulgate 
                        regulations governing the leadership of a 
                        recovery team, including--
                                    ``(I) a process by which the 
                                Secretary shall provide to each 
                                impacted State the opportunity to lead 
                                a recovery team; and
                                    ``(II) a process by which the 
                                Secretary or a designee of the 
                                Secretary, in consultation with each 
                                impacted State, shall lead a recovery 
                                team if--
                                            ``(aa) no impacted State 
                                        submits a request to lead a 
                                        recovery team; or
                                            ``(bb) no impacted State is 
                                        otherwise designated by the 
                                        Secretary to lead a recovery 
                                        team.
                    ``(D) Duties.--A recovery team shall--
                            ``(i) lead the development of a recovery 
                        plan;
                            ``(ii) not later than the deadline for 
                        issuing a final recovery plan in the schedule 
                        promulgated under paragraph (8)(A)(ii), issue a 
                        final recovery plan;
                            ``(iii) if an implementation team is not 
                        established to implement the final recovery 
                        plan, implement the final recovery plan;
                            ``(iv) if an implementation team is 
                        established to implement the final recovery 
                        plan, lead the implementation team, including 
                        in the implementation of the final recovery 
                        plan;
                            ``(v) propose modifications to the recovery 
                        plan in accordance with subsection 
                        (a)(4)(C)(i), including associated recovery 
                        goals; and
                            ``(vi) recommend delisting or downlisting 
                        (as those terms are defined in subsection 
                        (a)(5)(A)) once the established recovery plan 
                        criteria for the species have been satisfied, 
                        in accordance with subsection 
                        (a)(5)(B)(ii)(II), or uplisting (as that term 
                        is defined in subsection (a)(5)(A)), as 
                        applicable.
                    ``(E) Administration.--A recovery team shall be 
                conducted in accordance with paragraph (7).
            ``(6) Implementation teams.--
                    ``(A) In general.--If a species is included on the 
                list of threatened species or endangered species under 
                this section and the Secretary establishes a recovery 
                team under paragraph (5), an impacted State may request 
                the establishment of an implementation team with 
                respect to the applicable threatened species or 
                endangered species and shall submit that request to the 
                Secretary.
                    ``(B) Establishment.--At the same time the 
                Secretary establishes a recovery team under paragraph 
                (5), the Secretary shall establish an implementation 
                team for the species, if--
                            ``(i) an impacted State, acting alone or in 
                        conjunction with another impacted State, 
                        submits to the Secretary a request to establish 
                        an implementation team; or
                            ``(ii) in the case of such a species with 
                        respect to which more than 1 impacted State 
                        exists, the Secretary determines that 
                        establishing an implementation team would 
                        promote the conservation and recovery of the 
                        species.
                    ``(C) Membership.--
                            ``(i) In general.--The members of an 
                        implementation team--
                                    ``(I) shall be appointed by the 
                                Secretary;
                                    ``(II) shall be composed solely of 
                                parties with a direct interest in the 
                                land in which the species is believed 
                                to occur;
                                    ``(III) shall include each member 
                                of a recovery team established under 
                                paragraph (5); and
                                    ``(IV) shall include, as 
                                applicable, representatives of--
                                            ``(aa) private and public 
                                        landowners;
                                            ``(bb) agricultural 
                                        production;
                                            ``(cc) energy production;
                                            ``(dd) natural resource 
                                        commodity groups and user 
                                        industries;
                                            ``(ee) homebuilders;
                                            ``(ff) water resources 
                                        groups;
                                            ``(gg) outdoor recreation 
                                        groups;
                                            ``(hh) environmental 
                                        groups; and
                                            ``(ii) land, habitat, and 
                                        wildlife conservation groups.
                    ``(D) Composition.--The Secretary, in consultation 
                with the States, shall promulgate regulations governing 
                the composition of an implementation team, including--
                            ``(i) criteria that the Secretary shall 
                        follow when determining the number of members 
                        of an implementation team, including the number 
                        of representatives of each of the landowners, 
                        regulated industries, environmental groups, 
                        wildlife conservation groups, and other parties 
                        with a direct interest in the land in which the 
                        species is believed to occur, which shall be 
                        reasonably balanced;
                            ``(ii) a process by which the Secretary 
                        shall fill a vacancy on the implementation 
                        team; and
                            ``(iii) a quorum requirement that a 
                        recovery team shall meet in order to conduct 
                        business that requires, at a minimum, the 
                        presence of \1/3\ of each of the 
                        representatives of--
                                    ``(I) the State agencies from 
                                participating impacted States; and
                                    ``(II) the parties with a direct 
                                interest in the land in which the 
                                species is believed to occur who are 
                                not members of a recovery team under 
                                paragraph (5).
                    ``(E) Leadership.--The leader of an implementation 
                team shall be the leader of the applicable recovery 
                team, as designated under paragraph (5)(C)(iii).
                    ``(F) Duties.--An implementation team shall--
                            ``(i) provide feedback solicited by the 
                        recovery team established under paragraph (5) 
                        in order to aid the recovery team in fulfilling 
                        the duties of the recovery team, including 
                        developing and implementing a recovery plan and 
                        associated recovery goals, specifically with 
                        regard to any practical considerations 
                        affecting the implementation of a recovery 
                        plan;
                            ``(ii) lead the development of an 
                        implementation plan;
                            ``(iii) at the same time that a recovery 
                        team issues a final recovery plan, issue a 
                        final implementation plan;
                            ``(iv) amend or modify the implementation 
                        plan in accordance with paragraph (2)(D); and
                            ``(v) lead the implementation of the 
                        implementation plan, including the 
                        implementation of the final recovery plan.
                    ``(G) Administration.--An implementation team shall 
                be conducted in accordance with paragraph (7).
            ``(7) Administration of recovery teams and implementation 
        teams.--
                    ``(A) Remote participation.--Any member of a 
                recovery team or an implementation team may participate 
                in a meeting of the recovery team or implementation 
                team, as applicable, through the use of--
                            ``(i) teleconferencing; or
                            ``(ii) any other remote business 
                        telecommunications method that allows each 
                        participating member to simultaneously hear 
                        each other participating member during the 
                        meeting.
                    ``(B) Effect of election not to participate.--
                            ``(i) Permissible activities.--An impacted 
                        State, or an Indian Tribe or a Tribal agency, 
                        that elects not to participate in a recovery 
                        team or implementation team may provide to the 
                        recovery team or implementation team, as 
                        applicable, data, written comments, and other 
                        information to aid the recovery team or 
                        implementation team, as applicable, in carrying 
                        out the duties of the recovery team or 
                        implementation team, as applicable.
                            ``(ii) Prohibited activities.--Except as 
                        provided in clause (i), if an impacted State, 
                        or an Indian Tribe or a Tribal agency, elects 
                        not to participate in a recovery team or 
                        implementation team, the impacted State, Indian 
                        Tribe, or Tribal agency, as applicable, may not 
                        participate in the activities of the recovery 
                        team or implementation team, as applicable, in 
                        carrying out the duties of the recovery team or 
                        implementation team, as applicable, including 
                        for purposes of establishing a quorum or 
                        voting.
                    ``(C) Savings clause.--
                            ``(i) Impacted states.--The participation 
                        on or leadership of a recovery team or 
                        implementation team by an impacted State does 
                        not infringe on or otherwise limit the 
                        authority of the impacted State within the 
                        borders of that impacted State.
                            ``(ii) Indian tribes.--The participation on 
                        a recovery team or implementation team by an 
                        Indian Tribe or Tribal agency does not infringe 
                        on or otherwise limit the authority of the 
                        Indian Tribe or Tribal agency, as applicable, 
                        within the land over which the Indian Tribe or 
                        Tribal agency, as applicable, has management 
                        authority.
                    ``(D) Administrative cost reduction.--A recovery 
                team or implementation team, as applicable, shall, to 
                the maximum extent practicable, minimize the 
                administrative costs of the recovery team or 
                implementation team, as applicable, including by 
                encouraging the use of remotely participating in 
                meetings of the recovery team or implementation team, 
                as applicable, as described in subparagraph (A) to 
                reduce travel costs.
                    ``(E) FACA.--The Federal Advisory Committee Act (5 
                U.S.C. App.) shall not apply to a recovery team or an 
                implementation team.
            ``(8) Schedule.--
                    ``(A) In general.--As part of a rulemaking to list 
                a species as a threatened species or an endangered 
                species under this section, the Secretary, in 
                consultation with the States, shall promulgate a 
                schedule that contains--
                            ``(i) a date by which a recovery team or 
                        implementation team, as applicable, for the 
                        species shall be established under paragraph 
                        (5) or (6), as applicable, which shall be not 
                        later than 2 years after the date on which the 
                        final rule listing the species as threatened or 
                        endangered is published in the Federal 
                        Register; and
                            ``(ii) a date by which a recovery plan or 
                        implementation plan, as applicable, for the 
                        species shall be established under paragraph 
                        (1) or (2), as applicable, which shall be not 
                        later than 5 years after the date on which the 
                        final rule listing the species as threatened or 
                        endangered is published in the Federal 
                        Register.
                    ``(B) Timeliness.--A schedule under subparagraph 
                (A) shall ensure the establishment of a recovery team, 
                implementation team, recovery plan, or implementation 
                plan, as applicable, as expeditiously as possible.
                    ``(C) Extension of the schedule.--The Secretary may 
                extend a date contained in a schedule under 
                subparagraph (A) by not more than 30 months, in which 
                case the Secretary shall publish a written explanation 
                for the extension in the Federal Register.''.

SEC. 204. DELISTING, DOWNLISTING, AND UPLISTING.

    (a) In General.--Section 4(a) of the Endangered Species Act of 1973 
(16 U.S.C. 1533(a)) (as amended by section 203(a)(3)) is amended by 
adding at the end the following:
            ``(5) Delisting, downlisting, and uplisting.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Delist.--The term `delist' means to 
                        remove a species from the list of threatened 
                        species or endangered species, as applicable, 
                        under this subsection.
                            ``(ii) Downlist.--The term `downlist' means 
                        to move a species included on the list of 
                        endangered species under this subsection to the 
                        list of threatened species under this 
                        subsection.
                            ``(iii) Uplist.--The term `uplist' means to 
                        move a species included on the list of 
                        threatened species under this subsection to the 
                        list of endangered species under this 
                        subsection.
                    ``(B) Determination by secretary.--
                            ``(i) Status review.--The Secretary shall 
                        conduct a review of the status of a threatened 
                        species or endangered species in accordance 
                        with this subparagraph and paragraph (4)(A) for 
                        purposes of delisting, downlisting, or 
                        uplisting the species, as applicable.
                            ``(ii) Initiation.--
                                    ``(I) In general.--The Secretary 
                                shall initiate a status review under 
                                clause (i) or paragraph (4)(A), as 
                                applicable, by not later than 30 days 
                                after the earlier of--
                                            ``(aa) the date on which 
                                        the Secretary determines that 
                                        the applicable recovery goals 
                                        required under paragraph (4)(A) 
                                        are achieved with respect to 
                                        the species;
                                            ``(bb) the date on which 
                                        the Secretary receives from the 
                                        recovery team for the species a 
                                        report that--

                                                    ``(AA) describes 
                                                the means by which the 
                                                recovery goals required 
                                                under paragraph (4)(A) 
                                                have been achieved with 
                                                respect to the species; 
                                                and

                                                    ``(BB) recommends 
                                                the delisting or 
                                                downlisting of the 
                                                species, as applicable; 
                                                and

                                            ``(cc) the date on which 
                                        the Secretary receives from the 
                                        recovery team for the species a 
                                        report that recommends the 
                                        uplisting of the species.
                                    ``(II) Petitions to delist, 
                                downlist, or uplist and acting on 
                                initiative of the secretary.--
                                            ``(aa) In general.--

                                                    ``(AA) Petition.--
                                                Nothing in this 
                                                subsection affects the 
                                                ability of an 
                                                interested person to 
                                                submit to the Secretary 
                                                a petition to delist, 
                                                downlist, or uplist a 
                                                threatened species or 
                                                an endangered species 
                                                in accordance with this 
                                                subsection and 
                                                subsection (b).

                                                    ``(BB) Secretary's 
                                                initiative.--The 
                                                Secretary may, on the 
                                                initiative of the 
                                                Secretary and in 
                                                addition to the 
                                                required status review 
                                                under subclause (I), 
                                                delist, downlist, or 
                                                uplist a threatened 
                                                species or endangered 
                                                species in accordance 
                                                with this subsection 
                                                and subsection (b).

                                            ``(bb) Criteria to be 
                                        used.--If the Secretary 
                                        initiates a review to delist or 
                                        downlist a threatened species 
                                        or endangered species under 
                                        item (aa), the determination of 
                                        the Secretary shall be based on 
                                        the factors identified in 
                                        paragraph (1), irrespective of 
                                        whether the recovery goals 
                                        described in paragraph (4)(A) 
                                        have been achieved.
                            ``(iii) Determination.--Not later than 90 
                        days after the date on which a status review is 
                        initiated pursuant to clause (i), the Secretary 
                        shall determine whether to delist, downlist, or 
                        uplist, as applicable, the species that is the 
                        subject of the status review.
                            ``(iv) Action on determination.--
                                    ``(I) Positive determination.--On 
                                determining to delist, downlist, or 
                                uplist a species under clause (iii), 
                                the Secretary shall publish in the 
                                Federal Register, by not later than 1 
                                year after the date of the 
                                determination, a final regulation to 
                                delist, downlist, or uplist the species 
                                that is the subject of the 
                                determination.
                                    ``(II) Negative determination.--On 
                                determining not to delist, downlist, or 
                                uplist a species under clause (iii), 
                                the Secretary shall publish in the 
                                Federal Register, by not later than 90 
                                days after the date of the 
                                determination, a detailed, 
                                comprehensive written explanation of 
                                the determination.
                            ``(v) Monitoring requirements.--If the 
                        Secretary delists a threatened species or an 
                        endangered species as described in this 
                        subparagraph, the monitoring period described 
                        in subsection (g) shall begin on the date on 
                        which a final regulation to delist the species 
                        is published in the Federal Register.
                    ``(C) Judicial review.--Until the expiration of the 
                applicable monitoring period under subsection (g), in 
                accordance with clause (ii)(II) or (iv)(I) of 
                subparagraph (B)--
                            ``(i) a determination of the Secretary to 
                        delist a species under subparagraph (B) shall 
                        not be considered to be a final agency action 
                        for purposes of chapter 7 of title 5, United 
                        States Code; and
                            ``(ii) no judicial review of the 
                        determination may commence.''.
    (b) Conforming Amendment.--Section 10(f)(5) of the Endangered 
Species Act of 1973 (16 U.S.C. 1539(f)(5)) is amended, in the 
undesignated matter following subparagraph (B), by striking the second 
sentence.

SEC. 205. COOPERATION WITH STATES AND INDIAN TRIBES.

    Section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535) is 
amended--
            (1) in subsection (a)--
                    (A) in the second sentence, by striking ``Such 
                cooperation shall include consultation with the States 
                concerned'' and inserting the following:
            ``(2) Inclusions.--The consultation required under this 
        subsection shall--
                    ``(A) be based on the best scientific and 
                commercial data available;
                    ``(B) include consultation with each impacted 
                State''; and
                    (B) by striking the subsection designation and 
                heading and all that follows through the first sentence 
                and inserting the following:
    ``(a) Requirement.--
            ``(1) In general.--In carrying out this Act, the Secretary 
        shall--
                    ``(A) consult to the maximum extent possible with 
                the States; and
                    ``(B) acknowledge and respect the primary authority 
                of State agencies to manage fish and wildlife within 
                State borders, except as otherwise provided in this Act 
                with respect to an exercise by the Secretary of 
                specific authority to manage a threatened species or an 
                endangered species.'';
            (2) in subsection (b), in the first sentence, by striking 
        ``may'' and inserting ``shall offer to'';
            (3) in subsection (c)--
                    (A) in paragraph (2), by striking ``(2) In 
                furtherance of the purposes of this Act, the Secretary 
                is authorized'' and inserting the following:
            ``(3) Plants.--In furtherance of the purposes of this Act, 
        the Secretary shall offer'';
                    (B) in paragraph (3) (as so redesignated)--
                            (i) in subparagraph (D), by indenting 
                        clauses (i) and (ii) appropriately; and
                            (ii) by indenting subparagraphs (A) through 
                        (D) appropriately;
                    (C) by striking the subsection designation and 
                heading and all that follows through ``authorized'' in 
                the first sentence of paragraph (1) and inserting the 
                following:
    ``(c) Cooperative Agreements.--
            ``(1) Definition of state.--In this subsection, the term 
        `State' includes--
                    ``(A) an Indian tribe (as defined in section 4 of 
                the Indian Self-Determination and Education Assistance 
                Act (25 U.S.C. 5304)); and
                    ``(B) a Native Corporation (as defined in section 3 
                of the Alaska Native Claims Settlement Act (43 U.S.C. 
                1602)).
            ``(2) Authorization.--In furtherance of the purposes of 
        this Act, the Secretary shall offer''; and
                    (D) in paragraph (2) (as so redesignated)--
                            (i) in subparagraph (E), by indenting 
                        clauses (i) and (ii) appropriately; and
                            (ii) by indenting subparagraphs (A) through 
                        (E) appropriately;
            (4) in subsection (h), by striking ``relating to financial 
        assistance'' and inserting the following: ``relating to--
            ``(1) fulfilling the obligation of the Secretary to carry 
        out this Act in consultation with the States; and
            ``(2) the provision of financial assistance''; and
            (5) in subsection (i)(1), by striking ``the Sport Fishing 
        Restoration Account established under 1016 of the Act of July 
        18, 1984'' and inserting ``the Sport Fish Restoration and 
        Boating Trust Fund established by section 9504(a) of the 
        Internal Revenue Code of 1986''.

SEC. 206. STATE CONSULTATION REGARDING EXPERIMENTAL POPULATIONS.

    Section 10(j) of the Endangered Species Act of 1973 (16 U.S.C. 
1539(j)) is amended--
            (1) in paragraph (1), by striking ``(1) For purposes of'' 
        and inserting the following:
            ``(1) Definition of experimental population.--In''; and
            (2) in paragraph (2)--
                    (A) by striking ``(2)(A) The Secretary'' and 
                inserting the following:
            ``(2) Authorization of releases.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), the Secretary'';
                    (B) in subparagraph (C)--
                            (i) by striking ``subparagraph (B)'' each 
                        place it appears and inserting ``subparagraph 
                        (C)'';
                            (ii) by indenting clauses (i) and (ii) 
                        appropriately; and
                            (iii) by striking ``(C) For the purposes'' 
                        and inserting the following:
                    ``(D) Treatment as threatened species.--For the 
                purposes''; and
                    (C) in subparagraph (B) (as amended by section 
                201(b)(3)), by striking ``(B) Before'' and inserting 
                the following:
                    ``(B) Requirements.--
                            ``(i) In general.--The Secretary shall in 
                        good faith negotiate with the State agency of 
                        each impacted State in which an experimental 
                        population is authorized to be released under 
                        this paragraph an agreement with respect to the 
                        management authority of the experimental 
                        population, including--
                                    ``(I) the boundaries of the area in 
                                which the experimental population is 
                                authorized to be released;
                                    ``(II) the ideal population size of 
                                the experimental population;
                                    ``(III) the processes related to 
                                supplemental introductions of the 
                                experimental population;
                                    ``(IV) circumstances in which 
                                takings of the experimental population 
                                are authorized;
                                    ``(V) the role of the experimental 
                                population with respect to the 
                                continued existence of an endangered 
                                species or threatened species;
                                    ``(VI) the conditions under which 
                                the Secretary would authorize the 
                                removal of an experimental population 
                                from the impacted State;
                                    ``(VII) controls to mitigate 
                                against losses generated by the 
                                experimental population, such as the 
                                relocation, translocation, removal, or 
                                taking of a member of the experimental 
                                population that depredates on 
                                livestock; and
                                    ``(VIII) Federal compensation for 
                                losses generated by the experimental 
                                population, such as when a member of 
                                the experimental population depredates 
                                on livestock.
                            ``(ii) Management plan.--
                                    ``(I) In general.--If the Secretary 
                                cannot, after good faith negotiations, 
                                reach an agreement under clause (i) 
                                with a State agency, the Secretary 
                                shall develop a plan with respect to 
                                the management authority of the 
                                experimental population that addresses 
                                each requirement described in 
                                subclauses (I) through (VIII) of that 
                                clause.
                                    ``(II) Requirement.--In developing 
                                a plan under subclause (I), the 
                                Secretary shall--
                                            ``(aa) solicit input with 
                                        respect to the plan from each 
                                        impacted State and the State 
                                        agency of each impacted State; 
                                        and
                                            ``(bb) give full and fair 
                                        consideration to any input with 
                                        respect to the plan from each 
                                        impacted State and the State 
                                        agency of each impacted State.
                            ``(iii) Agreement or plan for each impacted 
                        state.--For each release of an experimental 
                        population authorized under this paragraph, the 
                        Secretary shall, for each impacted State in 
                        which the experimental population is authorized 
                        to be released, have a separate--
                                    ``(I) agreement under clause (i); 
                                or
                                    ``(II) management plan under clause 
                                (ii)(I).
                    ``(C) Identification and determination.--Before''.

SEC. 207. STATE PARTICIPATION IN SETTLEMENTS.

    Section 11(g)(2)(C) of the Endangered Species Act of 1973 (16 
U.S.C. 1540(g)(2)(C)) is amended--
            (1) by striking ``(C) No action may be commenced under 
        subparagraph (1)(C) of this section prior to sixty'' and 
        inserting the following:
                    ``(C) Settlement actions.--
                            ``(i) Timing.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), no action 
                                may be commenced under paragraph (1)(C) 
                                before the date that is 60'';
            (2) by striking ``Secretary; except that such action may be 
        brought'' and inserting the following: ``Secretary.
                                    ``(II) Exception for emergencies.--
                                Notwithstanding subclause (I), an 
                                action may be commenced under paragraph 
                                (1)(C)''; and
            (3) by adding at the end the following:
                            ``(ii) Participation by states.--
                                    ``(I) In general.--In preparing or 
                                entering into a settlement (including a 
                                covered settlement) or other agreement 
                                relating to an action under paragraph 
                                (1)(C), the Secretary shall provide 
                                notice to, consult with, and otherwise 
                                take appropriate actions to include, 
                                each impacted State.
                                    ``(II) Effect of clause.--Nothing 
                                in this clause limits the ability of 
                                any other party to participate in a 
                                settlement described in subclause 
                                (I).''.

   TITLE III--ENCOURAGING CONSERVATION ACTIVITIES THROUGH REGULATORY 
                               CERTAINTY

SEC. 301. SENSE OF CONGRESS REGARDING CONSERVATION AGREEMENTS AND 
              ACTIVITIES.

    It is the sense of Congress that--
            (1) voluntary conservation agreements benefit species and 
        the habitats on which the species rely;
            (2) States, Indian Tribes, units of local government, 
        landowners, and other stakeholders should be encouraged to 
        participate in voluntary conservation agreements; and
            (3) the Secretary of the Interior, acting through the 
        Director of the United States Fish and Wildlife Service, and 
        the Secretary of Commerce, acting through the Assistant 
        Administrator of the National Marine Fisheries Service, should 
        consider the enrollment in, and performance of, conservation 
        agreements and investment in, and implementation of, general 
        conservation activities by States, Indian Tribes, units of 
        local government, landowners, and other stakeholders in making 
        determinations under the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.).

SEC. 302. CONSERVATION AGREEMENTS AS FACTORS IN LISTING DECISIONS.

    Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is 
amended--
            (1) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in the third sentence, by striking 
                        ``The Secretary'' and inserting the following:
                    ``(C) Revision.--The Secretary'';
                            (ii) in the second sentence, by striking 
                        ``Each list'' and inserting the following:
                    ``(B) Contents.--Each list''; and
                            (iii) in the first sentence, by striking 
                        ``(1) The Secretary'' and inserting the 
                        following:
            ``(1) Requirements.--
                    ``(A) Publication.--The Secretary''; and
                    (B) in paragraph (2)--
                            (i) by striking ``(2) The Secretary'' and 
                        inserting the following:
            ``(2) Review.--The Secretary'';
                            (ii) in subparagraph (B), in the matter 
                        preceding clause (i), by inserting ``in 
                        accordance with subsections (a) and (b),'' 
                        before ``determine''; and
                            (iii) by striking the undesignated matter 
                        following subparagraph (B);
            (2) in subsection (f) (as amended by section 203(b)(7)), by 
        adding at the end the following:
            ``(9) Treatment.--
                    ``(A) In general.--A conservation agreement 
                (including any agreement described in subparagraph (B)) 
                entered into or endorsed by the Secretary shall be 
                considered under any of the factors under subsection 
                (a)(1) for purposes of determining whether to include 
                or maintain a species on the list of threatened species 
                or endangered species pursuant to this section.
                    ``(B) Description of agreements.--An agreement 
                referred to in subparagraph (A) includes--
                            ``(i) a wildlife conservation agreement;
                            ``(ii) a candidate conservation agreement 
                        with assurances;
                            ``(iii) a candidate conservation agreement;
                            ``(iv) a safe harbor agreement;
                            ``(v) a habitat conservation plan under 
                        section 10(a)(2)(A);
                            ``(vi) an interagency agreement approved by 
                        the Secretary; and
                            ``(vii) a plan that--
                                    ``(I) relates to the conservation 
                                of a species;
                                    ``(II) affects the viability of the 
                                species; and
                                    ``(III) is implemented, or proposed 
                                to be implemented, by--
                                            ``(aa) a State;
                                            ``(bb) 2 or more States;
                                            ``(cc) a unit of local 
                                        government; or
                                            ``(dd) 2 or more units of 
                                        local government.''; and
            (3) in subsection (g)(2), by striking ``paragraph 7 of 
        subsection (b) of this section'' and inserting ``subsection 
        (b)(7)''.

SEC. 303. CONSERVATION EFFORTS AS REGULATORY MECHANISMS.

    Section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(f)) (as amended by section 302(2)) is amended by adding at the end 
the following:
            ``(10) Conservation efforts.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of the Endangered Species Act 
                Amendments of 2020, the Secretary shall establish a 
                framework for the consideration of conservation efforts 
                by States, Indian Tribes, local governments, private 
                landowners, lessees, or third-party organizations as 
                regulatory mechanisms under subsection (a)(1).
                    ``(B) Evaluation; treatment.--In carrying out this 
                section, the Secretary shall--
                            ``(i) evaluate conservation efforts using 
                        the framework established under subparagraph 
                        (A); and
                            ``(ii) if the Secretary determines that a 
                        conservation effort meets the applicable 
                        criteria under that framework, consider the 
                        conservation effort to be a regulatory 
                        mechanism under subsection (a)(1).''.

SEC. 304. CANDIDATE CONSERVATION AGREEMENTS WITH ASSURANCES.

    (a) In General.--Section 4(f) of the Endangered Species Act of 1973 
(16 U.S.C. 1533(f)) (as amended by section 303) is amended by adding at 
the end the following:
            ``(11) Candidate conservation agreements with assurances.--
        Notwithstanding any other provision of law (including 
        regulations), in entering into, or carrying out, any candidate 
        conservation agreement with assurances under this Act, the 
        Secretary--
                    ``(A) shall adhere to the terms of each candidate 
                conservation agreement with assurances entered into 
                before March 21, 2017;
                    ``(B) shall promulgate regulations or establish 
                policies--
                            ``(i) to expedite the process for entering 
                        into those agreements; and
                            ``(ii) to protect sensitive personal and 
                        business-related information of each party to 
                        the agreement;
                    ``(C) shall take into consideration whether the 
                implementation of the agreement is reasonably expected 
                to contribute to a net conservation benefit for a 
                species covered by the agreement; and
                    ``(D) shall not preclude a party to the agreement 
                from enrolling applicable land, or otherwise 
                participating, in any other Federal conservation 
                program.''.
    (b) Effect on Regulations.--The Secretary of the Interior shall 
amend part 17 of title 50, Code of Federal Regulations (as in effect on 
the date of enactment of this Act), to ensure that part is in 
accordance with paragraph (11)(C) of section 4(f) of the Endangered 
Species Act of 1973 (16 U.S.C. 1533(f)).

SEC. 305. SAFE HARBOR AGREEMENTS.

    Section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(f)) (as amended by section 304(a)) is amended by adding at the end 
the following:
            ``(12) Safe harbor agreements.--The Secretary may enter 
        into an agreement, to be known as a `safe harbor agreement', 
        with 1 or more entities, including a State or local government, 
        a private landowner, a lessee, or a third-party organization, 
        that--
                    ``(A) shall provide for the taking of any 
                threatened species or endangered species consistent 
                with the announcement of final policy entitled 
                `Announcement of Final Safe Harbor Policy' (64 Fed. 
                Reg. 32717 (June 17, 1999)); and
                    ``(B) may provide for the taking of any threatened 
                species or endangered species that occupies an adjacent 
                property due to the improved conditions on the property 
                enrolled under the agreement.''.

SEC. 306. CONSERVATION AGREEMENT TEMPLATES.

    Section 6(c) of the Endangered Species Act of 1973 (16 U.S.C. 
1535(c)) (as amended by section 205(3)) is amended by adding at the end 
the following:
            ``(4) Templates.--With respect to agreements described in 
        section 4(f)(9)(B), the Secretary of the Interior shall, to the 
        maximum extent practicable--
                    ``(A) implement standard procedures, and encourage 
                widespread use of templates, in developing conservation 
                agreements under this subsection;
                    ``(B) simplify the application and approval 
                processes relating to those agreements;
                    ``(C) reduce the burdens associated with reporting 
                and monitoring under the agreements; and
                    ``(D) provide for the protection of sensitive 
                personal and business-related information of any party 
                to the agreements, in accordance with--
                            ``(i) subsection (a)(3); and
                            ``(ii) section 4(b)(9)(C).''.

 TITLE IV--STRENGTHENING CONSERVATION DECISIONMAKING THROUGH INCREASED 
                              TRANSPARENCY

SEC. 401. TRANSPARENCY OF INFORMATION.

    (a) Publication on Internet of Basis for Listings.--Section 4(b) of 
the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by 
adding at the end the following:
            ``(9) Publication on internet of basis for listings.--
                    ``(A) In general.--Except as provided in 
                subparagraph (C), the Secretary shall make publicly 
                available on the internet the best scientific and 
                commercial data available that are the basis for each 
                regulation (including each proposed regulation) 
                promulgated pursuant to this section.
                    ``(B) Inclusions.--The information required to be 
                made available under subparagraph (A) includes any 
                applicable--
                            ``(i) status review, including all 
                        information--
                                    ``(I) cited in the review; or
                                    ``(II) submitted for the review by 
                                a third party;
                            ``(ii) list of threatened species or 
                        endangered species under subsection (c), 
                        including--
                                    ``(I) any final or proposed 
                                regulations relating to such a list; 
                                and
                                    ``(II) the results of any 5-year 
                                review of such a list;
                            ``(iii) draft or final recovery plan;
                            ``(iv) information relating to the economic 
                        impacts of a critical habitat designation, 
                        especially with respect to the impacts on State 
                        and local governments and private persons; and
                            ``(v) required report or other data.
                    ``(C) Exceptions.--For purposes of disclosure under 
                subparagraph (A)--
                            ``(i) the Secretary shall not make 
                        available--
                                    ``(I) on receipt of a request from 
                                the Governor (or a designee) of an 
                                impacted State, any information the 
                                public disclosure of which is 
                                prohibited by applicable State law, as 
                                determined by the impacted State; or
                                    ``(II) any information that may be 
                                withheld under section 552 of title 5, 
                                United States Code (commonly known as 
                                the `Freedom of Information Act'); and
                            ``(ii) in the case of any information that 
                        includes copyrighted material, the Secretary 
                        shall--
                                    ``(I) to the maximum extent 
                                practicable, obtain consent from the 
                                copyright holder to publish the 
                                information; and
                                    ``(II) publish the information only 
                                if that consent is granted.''.
    (b) Information Provided to States and Indian Tribes.--
            (1) In general.--Paragraph (2) of section 6(a) of the 
        Endangered Species Act of 1973 (16 U.S.C. 1535(a)) (as 
        designated by section 205(1)(A)) is amended by adding at the 
        end the following:
                    ``(C) in any case in which the Secretary has not 
                received a petition described in section 4(b)(3)(A) 
                relating to a species and the Secretary is considering 
                proposing to list the species as a threatened species 
                or an endangered species under section 4(a), include--
                            ``(i) providing to the Governor and the 
                        State agency of each impacted State and each 
                        Indian Tribe in which the species is believed 
                        to occur a notification of the consideration, 
                        which shall be made publicly available on the 
                        internet;
                            ``(ii) soliciting comments from each 
                        Governor, State agency, and Indian Tribe 
                        described in clause (i) to be submitted to the 
                        Secretary by not later than the date that is 60 
                        days after the date of receipt of the 
                        notification, regarding whether the listing is 
                        in accordance with section 4(a); and
                            ``(iii) taking into consideration, and 
                        giving full and fair consideration to, any 
                        comments submitted by the deadline described in 
                        clause (ii) before publication of a proposed 
                        regulation to list the species;
                    ``(D) before making any determination under section 
                4(a), include providing to each impacted State and 
                Indian Tribe in which the species is believed to occur 
                all information on which the determination is based, 
                and making that information publicly available on the 
                internet in accordance with section 4(b)(9);
                    ``(E) include taking into consideration, giving 
                full and fair consideration to, and using State data, 
                analyses, and comments in all decisionmaking under this 
                Act; and
                    ``(F) include accepting comments from the Governor 
                and State agency of, and any Indian Tribe within, an 
                impacted State regarding any proposed regulation under 
                this Act.''.
            (2) Exceptions.--Section 6(a) of the Endangered Species Act 
        of 1973 (16 U.S.C. 1535(a)) (as amended by section 205(1)) is 
        amended by adding at the end the following:
            ``(3) Exceptions.--For purposes of disclosure of any 
        information under paragraph (2)--
                    ``(A) the Secretary shall not make available--
                            ``(i) on receipt of a request from the 
                        Governor (or a designee) of an impacted State, 
                        any information the public disclosure of which 
                        is prohibited by applicable State law, as 
                        determined by the impacted State; or
                            ``(ii) any information that may be withheld 
                        under section 552 of title 5, United States 
                        Code (commonly known as the `Freedom of 
                        Information Act'); and
                    ``(B) in the case of any information that includes 
                copyrighted material, the Secretary shall--
                            ``(i) to the maximum extent practicable, 
                        obtain consent from the copyright holder to 
                        publish the information; and
                            ``(ii) publish the information only if that 
                        consent is granted.''.

SEC. 402. TRANSPARENCY IN LITIGATION.

    Section 11(g) of the Endangered Species Act of 1973 (16 U.S.C. 
1540(g)) is amended--
            (1) in paragraph (3), by adding at the end the following:
                    ``(C) Publication of complaint; intervention.--
                            ``(i) Publication of complaint.--
                                    ``(I) In general.--Not later than 
                                30 days after the date on which the 
                                plaintiff serves the defendant with the 
                                complaint in an action brought under 
                                paragraph (1)(C) in accordance with 
                                Rule 4 of the Federal Rules of Civil 
                                Procedure, the Secretary shall make the 
                                complaint publicly available on the 
                                internet.
                                    ``(II) Failure to meet deadline.--
                                The failure of the Secretary to meet 
                                the 30-day deadline described in 
                                subclause (I) shall not be the basis 
                                for an action under paragraph (1)(C).
                            ``(ii) Intervention.--
                                    ``(I) Opportunity to intervene.--
                                            ``(aa) In general.--After 
                                        the end of the 30-day period 
                                        described in clause (i), each 
                                        affected party shall be given a 
                                        reasonable opportunity to move 
                                        to intervene in the action 
                                        described in clause (i), until 
                                        the end of which action a party 
                                        may not file a motion for a 
                                        consent decree or to dismiss 
                                        the case pursuant to a 
                                        settlement agreement.
                                            ``(bb) Effect of 
                                        subclause.--Nothing in this 
                                        subclause limits the ability of 
                                        any other party to move to 
                                        intervene in an action 
                                        described in clause (i).
                                    ``(II) Rebuttable presumption.--In 
                                considering a motion to intervene by 
                                any affected party, the court shall 
                                presume, subject to rebuttal, that the 
                                interests of that party would not be 
                                represented adequately by the parties 
                                to the action described in clause (i).
                                    ``(III) Parties included in 
                                settlement discussions.--
                                            ``(aa) In general.--Any 
                                        settlement discussion relating 
                                        to an action described in 
                                        clause (i) shall include each--

                                                    ``(AA) plaintiff;

                                                    ``(BB) defendant 
                                                agency; and

                                                    ``(CC) intervenor 
                                                that is an affected 
                                                party.

                                            ``(bb) Effect of 
                                        subclause.--Nothing in this 
                                        subclause limits the ability of 
                                        any other party to participate 
                                        in a settlement discussion 
                                        relating to an action described 
                                        in clause (i).''; and
            (2) by adding at the end the following:
            ``(6) Notice of proposed covered settlement required.--
                    ``(A) Definition of species.--In this paragraph, 
                the term `species' means a species that is the subject 
                of an action brought under paragraph (1)(C).
                    ``(B) Notice.--The Secretary shall provide each 
                impacted State and Indian Tribe in which a species is 
                believed to occur notice of a proposed covered 
                settlement.
            ``(7) Disclosure required for attorney fees.--The head of 
        any Federal agency that pays to any person an amount for 
        attorney fees in connection with an action brought under 
        paragraph (1)(C) relating to a determination made under section 
        4(a) shall disclose to the Attorney General for publication 
        under paragraph (8) the amount paid.
            ``(8) Publication of amounts paid.--The Attorney General 
        shall publish annually in the Federal Register a report that--
                    ``(A) with respect to each action brought under 
                paragraph (1)(C) relating to a determination made under 
                section 4(a), describes the amounts paid in the action 
                (including amounts paid for attorney fees as disclosed 
                under paragraph (7), the hourly rate charged by the 
                legal services entity on which attorney fees are based, 
                any other amounts awarded by a judge, and amounts paid 
                pursuant to a covered settlement) during the year 
                covered by the report to any--
                            ``(i) litigant;
                            ``(ii) law firm; or
                            ``(iii) expert witness; and
                    ``(B) identifies--
                            ``(i) each party to whom the amounts 
                        referred to in subparagraph (A) were paid, as 
                        that party is identified in the order or other 
                        agency document making the award; and
                            ``(ii) each civil action in connection with 
                        which the amounts were paid.''.

    TITLE V--OPTIMIZING CONSERVATION THROUGH RESOURCE PRIORITIZATION

SEC. 501. PRIORITIZATION OF LISTING PETITIONS, REVIEWS, AND 
              DETERMINATIONS.

    (a) In General.--Section 4 of the Endangered Species Act of 1973 
(16 U.S.C. 1533) is amended by adding at the end the following:
    ``(j) National Listing Work Plan.--
            ``(1) In general.--Not later than the date described in 
        paragraph (2), the Secretary shall submit to Congress a 
        national listing work plan that establishes, for each species 
        included in the plan in accordance with paragraph (3), a 
        schedule for the completion during the 7-fiscal year period 
        beginning on October 1 of the first fiscal year after the date 
        of submission of the work plan of--
                    ``(A) status reviews regarding petitions for 
                listing the species under this Act;
                    ``(B) status reviews relating to the species 
                listings initiated by the Secretary;
                    ``(C) proposed and final determinations regarding 
                listing the species under this section; and
                    ``(D) proposed and final critical habitat 
                designations under subsection (a)(3) relating to the 
                species.
            ``(2) Submission to congress.--
                    ``(A) In general.--The Secretary shall submit to 
                Congress--
                            ``(i) the initial work plan required under 
                        paragraph (1) together with the budget request 
                        of the Secretary for the first fiscal year 
                        beginning after the date of enactment of this 
                        subsection; and
                            ``(ii) an updated work plan under paragraph 
                        (1) together with the budget request of the 
                        Secretary for each fiscal year thereafter.
                    ``(B) Additional inclusions.--The Secretary shall 
                also include with each budget request referred to in 
                subparagraph (A) a description of the amounts to be 
                requested to carry out the work plan for each fiscal 
                year covered by the work plan, including any amounts 
                requested to resolve emergency petitions not addressed 
                in the work plan.
            ``(3) Priority.--
                    ``(A) In general.--In developing the work plan 
                under this subsection, the Secretary shall assign to 
                each species covered by the work plan a priority 
                classification of Priority 1 through Priority 5, such 
                that, as determined by the Secretary--
                            ``(i) Priority 1 represents species of the 
                        highest priority, to be designated as 
                        critically imperiled and in need of immediate 
                        action;
                            ``(ii) Priority 2 represents species with 
                        respect to which the best scientific and 
                        commercial data available already support a 
                        clear decision regarding the status of the 
                        species for purposes of this Act;
                            ``(iii) Priority 3 represents species with 
                        respect to which studies regarding the status 
                        of the species for purposes of this Act are 
                        being carried out--
                                    ``(I) to answer key questions that 
                                may influence the findings of a 
                                petition under this Act relating to the 
                                species; and
                                    ``(II) to resolve any uncertainty 
                                regarding the status of the species 
                                within a reasonable timeframe;
                            ``(iv) Priority 4 represents species for 
                        which proactive conservation efforts likely to 
                        reduce threats to the species are being 
                        developed or carried out, within a reasonable 
                        timeframe and in an organized manner, by 
                        Federal agencies, States, landowners, and other 
                        stakeholders; and
                            ``(v) Priority 5 represents species--
                                    ``(I) for which there exists little 
                                information regarding--
                                            ``(aa) threats to the 
                                        species; or
                                            ``(bb) the status of the 
                                        species for purposes of this 
                                        Act; or
                                    ``(II) that the Secretary 
                                determines would receive limited 
                                conservation benefit in the foreseeable 
                                future by listing the species as a 
                                threatened species or endangered 
                                species under this section.
                    ``(B) Use of methodology.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the Secretary shall establish and 
                        assign priority classifications under 
                        subparagraph (A) in accordance with the notice 
                        of the Director of the United States Fish and 
                        Wildlife Service entitled `Methodology for 
                        Prioritizing Status Reviews and Accompanying 
                        12-Month Findings on Petitions for Listing 
                        Under the Endangered Species Act' (81 Fed. Reg. 
                        49248 (July 27, 2016)).
                            ``(ii) Additional consideration.--In the 
                        case of a Priority 5 classification under 
                        clause (i), in addition to the notice described 
                        in that clause, the Secretary shall consider 
                        whether there would be limited conservation 
                        benefit in the foreseeable future by listing 
                        the species as a threatened species or an 
                        endangered species.
                    ``(C) Extensions for certain priority 
                classifications.--
                            ``(i) Priority 3.--In the case of a species 
                        classified as Priority 3 under subparagraph 
                        (A)(iii), if the Secretary determines that 
                        additional time would allow for more complete 
                        data collection or the completion of studies 
                        relating to the species, the Secretary may 
                        retain the species under the work plan for a 
                        period of not more than 5 years after the 
                        deadline under paragraph (4) with respect to 
                        the species.
                            ``(ii) Priority 4.--In the case of a 
                        species classified as Priority 4 under 
                        subparagraph (A)(iv), if the Secretary 
                        determines that existing conservation efforts 
                        continue to meet the conservation needs of the 
                        species, the Secretary may retain the species 
                        under the work plan for a period of not more 
                        than 5 years after the deadline under paragraph 
                        (4) with respect to the species.
                            ``(iii) Priority 5.--In the case of a 
                        species classified as Priority 5 under 
                        subparagraph (A)(v), the Secretary may retain 
                        the species under the work plan for a period of 
                        not more than 5 years after the deadline under 
                        paragraph (4) with respect to the species.
                    ``(D) Revision of priority classification 
                assignment.--The Secretary may revise, in accordance 
                with subparagraph (A), the assignment to a priority 
                classification of a species included in the work plan 
                under this subsection at any time during the fiscal 
                year to which the work plan applies.
                    ``(E) Effect of assignment.--The assignment to a 
                priority classification of a species included in the 
                work plan under this subsection shall not be a final 
                agency action.
            ``(4) Applicability of deadlines.--In the case of a species 
        for which a priority classification is assigned by a work plan 
        under this subsection, the following shall apply:
                    ``(A) Deadline.--Except as provided in subparagraph 
                (B), the Secretary shall act on the relevant action 
                relating to the species in the work plan under this 
                subsection to which the species was first assigned not 
                later than the last day of the period of that work 
                plan.
                    ``(B) Extension.--If the Secretary retains the 
                species under the work plan for additional time under 
                paragraph (3)(C), the deadline under subparagraph (A) 
                shall be extended accordingly.
            ``(5) Inclusion of petitioned species in work plan.--On a 
        finding by the Secretary under subsection (b)(3)(A) that a 
        petitioned action to add a species to a list published under 
        subsection (c) may be warranted, the Secretary shall include 
        the species in the work plan under this subsection.
            ``(6) Regulations.--The Secretary may promulgate such 
        regulations as the Secretary determines to be appropriate to 
        carry out this subsection.
            ``(7) Effect of subsection.--Nothing in this subsection 
        precludes the emergency listing authority of the Secretary 
        under subsection (b)(7).''.
    (b) Conforming Amendments.--
            (1) Section 4(b)(3) of the Endangered Species Act of 1973 
        (16 U.S.C. 1533(b)(3)) is amended--
                    (A) in subparagraph (B)--
                            (i) by striking clause (iii);
                            (ii) by redesignating clauses (i) and (ii) 
                        as subclauses (I) and (II), respectively, and 
                        indenting appropriately;
                            (iii) in the undesignating matter following 
                        subclause (II) (as so redesignated), by 
                        striking ``in which case'' and inserting the 
                        following:
                            ``(ii) Publication.--After making a finding 
                        under clause (i),''; and
                            (iv) in the matter preceding subclause (I) 
                        (as so redesignated), by striking ``(B) Within 
                        12 months after'' and inserting the following:
                    ``(B) Findings.--
                            ``(i) In general.--In accordance with the 
                        national listing work plan submitted under 
                        subsection (j), after'';
                    (B) in subparagraph (C)--
                            (i) in clause (ii), by striking ``or 
                        (iii)'';
                            (ii) by striking clause (iii); and
                            (iii) by striking the subparagraph 
                        designation and all that follows through ``Any 
                        negative'' in clause (ii) and inserting the 
                        following:
                    ``(C) Judicial review.--Any negative''; and
                    (C) in subparagraph (D)(ii) (as amended by section 
                101(a)(2)(C)), in the matter preceding subclause (I), 
                by striking ``(ii) Within 12 months after'' and 
                inserting the following:
                            ``(ii) Action on positive finding.--In 
                        accordance with the national listing work plan 
                        submitted under subsection (j), after''.
            (2) Section 6(d)(1) of the Endangered Species Act of 1973 
        (16 U.S.C. 1535(d)(1)) is amended, in the matter preceding 
        subparagraph (A), in the first sentence, by striking 
        ``candidate species pursuant to subparagraph (C) of section 
        4(b)(3)'' and inserting ``species on the national listing work 
        plan submitted under section 4(j) (referred to in this 
        paragraph as `candidate species')''.

               TITLE VI--STUDIES TO IMPROVE CONSERVATION

SEC. 601. DEFINITION OF SECRETARIES.

    In this title, the term ``Secretaries'' means--
            (1) the Secretary of Agriculture;
            (2) the Secretary of Commerce, acting through the Assistant 
        Administrator of the National Marine Fisheries Service; and
            (3) the Secretary of the Interior, acting through the 
        Director of the United States Fish and Wildlife Service.

SEC. 602. STUDY TO REVIEW CONSERVATION FACTORS.

    (a) In General.--To assess factors affecting successful 
conservation activities under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.), the Secretaries shall carry out a study--
            (1) to review any factors that threaten or endanger a 
        species for which a listing under the Endangered Species Act of 
        1973 (16 U.S.C. 1531 et seq.) would not contribute to the 
        conservation of the species;
            (2) to review any barriers to--
                    (A) the delivery of Federal, State, local, or 
                private funds for those conservation activities, 
                including statutory or regulatory impediments, staffing 
                needs, and other relevant considerations; or
                    (B) the implementation of conservation agreements, 
                plans, or other cooperative agreements, including 
                agreements focused on voluntary activities, 
                multispecies efforts, and other relevant 
                considerations;
            (3) to review factors that impact the ability of the 
        Federal Government to successfully implement the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.);
            (4) to develop recommendations regarding methods to address 
        barriers identified under paragraph (2), if any;
            (5) to review determinations under the Endangered Species 
        Act of 1973 (16 U.S.C. 1531 et seq.) in which a species is 
        determined to be recovered by the Secretary of the Interior, 
        acting through the Director of the United States Fish and 
        Wildlife Service, or the Secretary of Commerce, acting through 
        the Assistant Administrator of the National Marine Fisheries 
        Service, but remains listed under that Act, including--
                    (A) an explanation of the factors preventing a 
                delisting or downlisting of the species; and
                    (B) recommendations regarding methods to address 
                the factors described in subparagraph (A); and
            (6) to review any determinations under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.) in which a species 
        has been identified as needing listing or uplisting under that 
        Act but remains unlisted or listed as a threatened species, 
        respectively, including--
                    (A) an explanation of the factors preventing a 
                listing or uplisting of the species; and
                    (B) recommendations regarding methods to address 
                the factors described in subparagraph (A).
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretaries shall submit to the Committees on 
Appropriations and Environment and Public Works of the Senate and the 
Committees on Appropriations and Natural Resources of the House of 
Representatives and make publicly available a report describing the 
results of the study under subsection (a).

SEC. 603. STUDY AND REPORT ON EXPENDITURES.

    (a) Reports on Expenditures.--
            (1) Federal departments and agencies.--
                    (A) In general.--At the determination of the 
                Comptroller General of the United States (referred to 
                in this section as the ``Comptroller General''), to 
                facilitate the preparation of the reports from the 
                Comptroller General under paragraph (2), the head of 
                each Federal department and agency shall submit to the 
                Comptroller General data and other relevant information 
                that describes the amounts expended or disbursed 
                (including through loans, loan guarantees, grants, or 
                any other financing mechanism) by the department or 
                agency as a direct result of any provision of the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
                (including any regulation promulgated pursuant to that 
                Act) during--
                            (i) with respect to the first report under 
                        paragraph (2), the 3 fiscal years preceding the 
                        date of submission of the report; and
                            (ii) with respect to the second report 
                        under paragraph (2), the 2 fiscal years 
                        preceding the date of submission of the report.
                    (B) Requirements.--Data and other relevant 
                information submitted under subparagraph (A) shall 
                describe, with respect to the applicable amounts--
                            (i) the programmatic office of the 
                        department or agency on behalf of which each 
                        amount was expended or disbursed;
                            (ii) the provision of the Endangered 
                        Species Act of 1973 (16 U.S.C. 1531 et seq.) 
                        (or regulation promulgated pursuant to that 
                        Act) pursuant to which each amount was expended 
                        or disbursed; and
                            (iii) the project or activity carried out 
                        using each amount, in detail sufficient to 
                        reflect the breadth, scope, and purpose of the 
                        project or activity.
            (2) Comptroller general.--Not later than 2 years and 4 
        years after the date of enactment of this Act, the Comptroller 
        General shall submit to the Committees on Appropriations, 
        Commerce, Science, and Transportation, and Environment and 
        Public Works of the Senate and the Committee on Appropriations 
        and Natural Resources of the House of Representatives a report 
        that describes--
                    (A) the aggregate amount expended or disbursed by 
                all Federal departments and agencies as a direct result 
                of any provision of the Endangered Species Act of 1973 
                (16 U.S.C. 1531 et seq.) (including any regulation 
                promulgated pursuant to that Act) during--
                            (i) with respect to the first report, the 3 
                        fiscal years preceding the date of submission 
                        of the report; and
                            (ii) with respect to the second report, the 
                        2 fiscal years preceding the date of submission 
                        of the report;
                    (B) the provision of the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.) (or regulation 
                promulgated pursuant to that Act) pursuant to which 
                each such amount was expended or disbursed; and
                    (C) with respect to each relevant department or 
                agency--
                            (i) the total amount expended or disbursed 
                        by the department or agency as described in 
                        subparagraph (A); and
                            (ii) the information described in clauses 
                        (i) through (iii) of paragraph (1)(B).
    (b) Report on Conservation Activities.--
            (1) Federal departments and agencies.--At the determination 
        of the Comptroller General, to facilitate the preparation of 
        the report under paragraph (2), the head of each Federal 
        department and agency shall submit to the Comptroller General 
        data and other relevant information that describes the 
        conservation activities by the Federal department or agency as 
        a direct result of any provision of the Endangered Species Act 
        of 1973 (16 U.S.C. 1531 et seq.) (including any regulation 
        promulgated pursuant to that Act) during--
                    (A) with respect to the first report under 
                paragraph (2), the 3 fiscal years preceding the date of 
                submission of the report; and
                    (B) with respect to the second report under 
                paragraph (2), the 2 fiscal years preceding the date of 
                submission of the report.
            (2) Comptroller general.--Not later than 2 years and 4 
        years after the date of enactment of this Act, the Comptroller 
        General shall submit to the Committees on Commerce, Science, 
        and Transportation and Environment and Public Works of the 
        Senate and the Committee on Natural Resources of the House of 
        Representatives a report that--
                    (A) describes the conservation activities by all 
                Federal departments and agencies for species listed as 
                a threatened species or endangered species under the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.), as reported under paragraph (1), during--
                            (i) with respect to the first report, the 3 
                        fiscal years preceding the date of submission 
                        of the report; and
                            (ii) with respect to the second report, the 
                        2 fiscal years preceding the date of submission 
                        of the report;
                    (B) is organized into categories with respect to 
                whether a recovery plan for a species has been 
                established;
                    (C) includes conservation outcomes associated with 
                the conservation activities; and
                    (D) as applicable, describes the conservation 
                activities that required interaction between Federal 
                agencies and between Federal agencies and State and 
                Tribal agencies and units of local government pursuant 
                to the Endangered Species Act of 1973 (16 U.S.C. 1531 
                et seq.).

SEC. 604. STUDY TO QUANTIFY LITIGATION EXPENSES.

    Section 11(g) of the Endangered Species Act of 1973 (16 U.S.C. 
1540(g)) (as amended by section 402(2)) is amended by adding at the end 
the following:
            ``(9) Study to quantify litigation expenses.--Not later 
        than 1 year after the date of enactment of this paragraph, the 
        Comptroller General of the United States shall conduct, and 
        submit to the Committees on Appropriations and Environment and 
        Public Works of the Senate and the Committees on Appropriations 
        and Natural Resources of the House of Representatives a report 
        describing the results of, a study that quantifies the amount 
        of Federal funds expended before that date of enactment in 
        connection with any litigation (including any consent decree or 
        a settlement agreement in an action brought under paragraph 
        (1)(C)) relating to a determination made under section 4(a).''.

                       TITLE VII--REAUTHORIZATION

SEC. 701. REAUTHORIZATION.

    Section 15 of the Endangered Species Act of 1973 (16 U.S.C. 1542) 
is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``subsection (b), (c), and (d)'' and inserting ``subsections 
        (d) and (e)'';
            (2) in subsection (a)--
                    (A) in paragraph (1), by striking ``$35,000,000 for 
                fiscal year 1988, $36,500,000 for fiscal year 1989, 
                $38,000,000 for fiscal year 1990, $39,500,000 for 
                fiscal year 1991, and $41,500,000 for fiscal year 
                1992'' and inserting ``$160,000,000 for fiscal year 
                2021, $165,000,000 for fiscal year 2022, $170,000,000 
                for fiscal year 2023, $175,000,000 for fiscal year 
                2024, and $180,000,000 for fiscal year 2025'';
                    (B) in paragraph (2), by striking ``not to exceed 
                $5,750,000 for fiscal year 1988, $6,250,000 for each of 
                fiscal years 1989 and 1990, and $6,750,000 for each of 
                fiscal years 1991 and 1992'' and inserting ``for each 
                of fiscal years 2021 through 2025, not to exceed 10 
                percent of the total amount appropriated for the fiscal 
                year under paragraphs (1) and (3) and subsection (b)''; 
                and
                    (C) in paragraph (3), by striking ``$2,200,000 for 
                fiscal year 1988, $2,400,000 for each of fiscal years 
                1989 and 1990, and $2,600,000 for each of fiscal years 
                1991 and 1992,'' and inserting ``$4,000,000 for each of 
                fiscal years 2021 through 2025'';
            (3) by redesignating subsections (b) and (c) as subsections 
        (d) and (e), respectively; and
            (4) by inserting after subsection (a) the following:
    ``(b) Recovery Implementation.--There are authorized to be 
appropriated to the Secretary to assist in the implementation of 
recovery plans developed under section 4(f)(1) $214,000,000 for each of 
fiscal years 2021 through 2025.
    ``(c) Limitation on Use of Funds.--Of the amounts appropriated 
under this section for a fiscal year, the Secretary shall use not less 
than 15 percent to support proactive, voluntary conservation 
activities, including those undertaken by private landowners, pursuant 
to--
            ``(1) a conservation agreement described in section 
        4(f)(9);
            ``(2) a conservation effort that meets the requirements of 
        the framework established under section 4(f)(10);
            ``(3) a cooperative agreement entered into under section 6; 
        and
            ``(4) any other Federal program that supports the 
        conservation of species in the United States that are listed as 
        threatened species or endangered species, candidate species, or 
        at-risk species.''.

                       TITLE VIII--MISCELLANEOUS

SEC. 801. EFFECT.

    Nothing in this Act or an amendment made by this Act--
            (1) limits the legal rights under the Endangered Species 
        Act of 1973 (16 U.S.C. 1531 et seq.) or any other law of--
                    (A) any regulated entity, including an industry, 
                agricultural producer, or landowner;
                    (B) any nongovernmental organization, including an 
                environmental, conservation, or landowner group; or
                    (C) any county or equivalent jurisdiction; or
            (2) diminishes the value or credibility of information or 
        comments provided under that Act by any regulated entity, 
        nongovernmental organization, and county or equivalent 
        jurisdiction described in paragraph (1) as compared to 
        information or comments provided by any other source of 
        information or comments based solely on the source.

SEC. 802. SENSE OF THE SENATE.

    It is the sense of the Senate that each State is encouraged--
            (1) to collaborate with county or equivalent jurisdictions 
        and local governments in the State in carrying out State 
        responsibilities and authorities under the Endangered Species 
        Act of 1973 (16 U.S.C. 1531 et seq.);
            (2) to give full and fair consideration to the input of 
        county or equivalent jurisdictions and local governments in the 
        State when exercising State obligations under that Act; and
            (3) to provide notice, when practicable, to county or 
        equivalent jurisdictions and local governments in the State of 
        issues affecting those governments under that Act.
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