I

104TH CONGRESS

1ST SESSION H. R. 2374

To amend the Endangered Species Act of 1973 to encourage the continued

conservation of America’s natural legacy for future generations; provide

incentives for States, local governments, and private landowners to conserve species; and otherwise improve the Act through increased flexibility

and broader cooperation.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 21, 1995

Mr. GILCHREST (for himself, Mrs. MORELLA, Mr. SHAYS, Mr. BOEHLERT,

Mr. CASTLE, Mr. GREENWOOD, and Mr. WELDON of Pennsylvania) introduced the following bill; which was referred to the Committee on Resources

A BILL

To amend the Endangered Species Act of 1973 to encourage

the continued conservation of America’s natural legacy

for future generations; provide incentives for States, local

governments, and private landowners to conserve species;

and otherwise improve the Act through increased flexibility and broader cooperation.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Endangered Natural

5 Legacy Protection Act of 1995’’.
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1 SEC. 2. FINDINGS.

2 The Congress finds and declares the following:

3 (1) For more than 25 years, the American peo4 ple have recognized the importance of protecting the

5 natural environmental legacy of this Nation.

6 (2) That natural legacy consists of fish, wildlife,

7 and plant species and the ecosystems which are cru8 cial to their survival.

9 (3) Conservation of these species holds both

10 economic, medicinal, and aesthetic value for the

11 United States.

12 (4) The Endangered Species Act of 1973 has

13 proven successful in helping to protect this Nation’s

14 natural legacy of fish, wildlife, and plant species.

15 (5) As more species have been threatened by

16 natural and human factors, conservation of those

17 species has increasingly relied on habitat protection

18 efforts on both public and private land.

19 (6) States, local governments, and private land20 owners require assistance from the Federal Govern21 ment in conserving endangered species and their

22 habitats.

23 (7) If this precious natural environmental leg24 acy is to be protected, the provisions of the Endan25 gered Species Act of 1973 must be adapted to the

26 changing needs of this Nation and its people.
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1 SEC. 3. AMENDMENT OF ENDANGERED SPECIES ACT OF

2 1973.

3 Except as otherwise expressly provided, whenever in

4 this Act an amendment is expressed in terms of an amend5 ment to a section or other provision, the reference shall

6 be considered to be made to a section or other provision

7 of the Endangered Species Act of 1973 (16 U.S.C. 1531

8 et seq.).

9 SEC. 4. DEFINITIONS.

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

11 (1) in paragraph (5) by amending so much as

12 precedes subparagraph (B) to read as follows:

13 ‘‘(5)(A) The term ‘critical habitat’ for a threat14 ened or endangered species means the specific areas

15 within the geographical area designated in a recov16 ery plan on which are found those physical or bio17 logical features essential to the conservation of the

18 species and which may require special management

19 considerations or protection.’’;

20 (2) in paragraph (5) by striking subparagraph

21 (C); and

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

23 paragraphs:

24 ‘‘(22) The term ‘biological diversity’ means the

25 variety of life forms, the ecological roles they per26 form, and the genetic diversity they contain.
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1 ‘‘(23) The term ‘ecosystem’ means an inter2 active system of organisms, both plants and animals,

3 dependent on a particular habitat, such as a lake,

4 stream, or forest, and the physical conditions under

5 which they live.

6 ‘‘(24) The term ‘cooperation with the States,

7 Indian tribes, and local governments’ means a col8 laborative process established by the Secretary in

9 which the States, Indian tribes, and local govern10 ments, as administrative and regulatory partners,

11 participate in a meaningful and timely manner in

12 the development of standards, guidelines, and regu13 lations that implement the provisions of this Act and

14 that integrate their recommendations, field practices,

15 and programs consistent with the goals of this Act.’’.

16 SEC. 5. PREVENTING ENDANGERMENT.

17 Section 6 (16 U.S.C. 1535) is amended—

18 (1) by redesignating subsections (c), (d), (e),

19 (h), and (i) in order as subsections (h), (i), (j), (k),

20 (l), (m), and (n); and

21 (2) by inserting after subsection (b) the follow22 ing new subsections:

23 ‘‘(c) VOLUNTARY CONSERVATION AGREEMENTS.—

24 (1) The Secretary may enter into a voluntary conservation

25 agreement for up to 5 years with any State, Indian tribe,
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1 or local government, if requested by the State, Indian

2 tribe, or local government to do so. The goal of the con3 servation agreement shall be to prevent endangerment.

4 The conservation agreement shall—

5 ‘‘(A) promote the conservation of a species for

6 which a finding has been made under subsection

7 (b)(3)(B)(iii) (hereafter in this Act referred to as a

8 ‘candidate species’);

9 ‘‘(B) promote the conservation of other declin10 ing species which are dependent on the same eco11 system or located within the same habitat as a can12 didate species; or

13 ‘‘(C) promote the conservation of other species,

14 rare habitats, or regional biological diversity, as ap15 propriate.

16 ‘‘(2) Consideration of a conservation agreement

17 under this section may be initiated by the Secretary or

18 a State, Indian tribe, or local government.

19 ‘‘(3) Any State, Indian tribe, or local government or

20 coalition of States, Indian tribes, or local governments

21 may submit a proposed conservation agreement to the Sec22 retary for consideration. The Secretary may provide tech23 nical assistance or other assistance as appropriate for the

24 development of such an agreement.
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1 ‘‘(4) Conservation agreements shall contain the fol2 lowing information:

3 ‘‘(A) Objective, measurable scientific criteria

4 which, if met, would prevent endangerment.

5 ‘‘(B) A description of site-specific management

6 actions to achieve the criteria required under sub7 paragraph (A) and a timetable for completing those

8 actions.

9 ‘‘(C) A description of actions that will be taken

10 to minimize adverse social or economic impacts (if

11 any) resulting from implementation of the agree12 ment.

13 ‘‘(D) Strategies that use existing Federal,

14 State, or other public lands to promote the conserva15 tion of the species or habitats that are the subject

16 of the agreement.

17 ‘‘(E) An identification of the specific areas or

18 circumstances in which the implementation of the

19 agreement would help to reduce conflicts (if any) be20 tween conservation of species and economic activity.

21 ‘‘(F) An identification of the opportunities for

22 cooperation among States, Indian tribes, local gov23 ernments, public utilities, and other interested per24 sons to undertake actions which would contribute to

25 the conservation of species or habitat.
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1 ‘‘(G) A method of monitoring the success of the

2 conservation agreement in preventing endangerment

3 and compliance with its terms.

4 ‘‘(H) Any other information that the State, In5 dian tribe, local government, or the Secretary con6 siders appropriate.

7 ‘‘(5)(A) The Secretary shall, within 90 days after the

8 date of submission of any conservation agreement under

9 this subsection, determine whether the agreement will

10 achieve the goals required under paragraph (1).

11 ‘‘(B) If the conservation agreement is not approved

12 by the Secretary, the Secretary shall return the proposed

13 conservation agreement to the State, Indian tribe, or local

14 government (hereinafter referred to as an ‘agreement

15 party’) with suggestions for modification that would result

16 in approval of the conservation agreement.

17 ‘‘(6)(A) If a species covered by an approved conserva18 tion agreement continues to decline and, as a result of the

19 factors under section 4(a), becomes an endangered species

20 or threatened species, the agreement party may request

21 the Secretary to transfer management authority for that

22 species over to the agreement party through a written

23 amendment to the conservation agreement.

24 ‘‘(B) Such management authority shall consist of the

25 authority to grant permits under section 10, and to en-
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1 force the provisions of section 9, consistent with the goals

2 and purposes of the Act.

3 ‘‘(C) The Secretary shall comply with a request under

4 this paragraph within 60 days if the Secretary finds—

5 ‘‘(i) the agreement party is able to conduct in6 vestigations to determine the status and require7 ments for survival and recovery of the species;

8 ‘‘(ii) the agreement party is able to establish

9 and enforce programs for the conservation of the

10 species consistent with the goals and purposes of the

11 Act; and

12 ‘‘(iii) the agreement party has committed to im13 plement and enforce sections 9 and 10 in a manner

14 consistent with the goals and purposes of the Act.

15 ‘‘(D) The Secretary may provide technical and other

16 assistance as appropriate to the agreement party to carry

17 out the provisions of this paragraph.

18 ‘‘(7) The agreement party shall submit an annual re19 port to the Secretary on the status of the species covered

20 by the conservation agreement. The Secretary shall review

21 the annual reports to determine whether the agreement

22 party is in compliance with the terms of the conservation

23 agreement. If the Secretary determines that the agree24 ment party is not in compliance, the Secretary shall imme25 diately notify the agreement party of that determination.
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1 If the agreement party is unable to come into compliance

2 within 6 months after the date of such notification, the

3 conservation agreement shall be void.

4 ‘‘(8) During the time period specified in a conserva5 tion agreement, the Secretary may not specify additional

6 terms to the agreement unless the Secretary and the

7 agreement party determine that the species is likely to be8 come an endangered species or threatened species within

9 the area covered by the conservation agreement during

10 that time period and additional terms are necessary to

11 prevent endangerment.

12 ‘‘(9)(A) At the conclusion of the time period specified

13 under paragraph (6)(A) in a conservation agreement, the

14 Secretary and the agreement party shall review the terms

15 of the conservation agreement to determine whether the

16 conservation agreement is achieving the goal of preventing

17 endangerment. If the conservation agreement is achieving

18 that goal, the Secretary and the agreement party may ex19 tend the existing terms of the conservation agreement for

20 a period not to exceed 5 years, at which time the review

21 process shall be repeated. If the conservation agreement

22 is failing to achieve that goal, the Secretary and the agree23 ment party may—

24 ‘‘(i) revise or renew the terms of the agreement;

25 or
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1 ‘‘(ii) choose not to renew the agreement, at

2 which time the authority for sections 9 and 10 shall

3 transfer back to the Secretary.

4 ‘‘(B) If a species is determined to be an endangered

5 species or threatened species within an area covered by

6 a conservation agreement during the time period specified

7 in the agreement, the terms of the conservation agreement

8 shall not remain in effect for that species unless the agree9 ment is amended pursuant to section 6(d)(6).

10 ‘‘(10) To assist the States in carrying out the pro11 gram under this subsection, the Secretary may utilize the

12 land acquisition and other authority under this Act.

13 ‘‘(d) CONSISTENCY.—

14 ‘‘(1) Each Federal agency conducting, support15 ing, or permitting activities in the area covered by

16 an approved conservation agreement shall do so in

17 a manner which is, to the maximum extent prac18 ticable, consistent with the conservation agreement

19 and the goals of this Act.

20 ‘‘(2)(A) After final approval by the Secretary of

21 a conservation agreement, any applicant for a re22 quired Federal license, permit, or support to conduct

23 an activity affecting species within the area covered

24 by the conservation agreement shall provide certifi25 cation to the agency and the agreement party that
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1 such activity will be conducted in a manner consist2 ent with the conservation agreement.

3 ‘‘(B) Within 90 days after receipt of certifi4 cation, the agreement party shall notify the Federal

5 agency that it concurs with or objects to the appli6 cant’s certification. If the agreement party fails to

7 furnish the required notification within 90 days, the

8 agreement party’s concurrence with the certification

9 shall be conclusively presumed. No license, permit,

10 or other support shall be granted by the Federal

11 agency until the agreement party has concurred or

12 until, by the agreement party’s failure to act, the

13 concurrence is conclusively presumed, unless the

14 Secretary finds, after providing a reasonable oppor15 tunity for comments from the Federal agency and

16 from the agreement party, that the activity is con17 sistent with the conservation agreement or is other18 wise necessary in the interest of national security.

19 ‘‘(e) CONSERVATION PLANNING FUND.—

20 ‘‘(1) The Secretary shall establish a Conserva21 tion Planning Fund (hereafter referred to in this

22 subsection as the ‘Fund’), which shall consist of all

23 sums appropriated pursuant to section 15(b), and

24 shall be administered by the Secretary as a revolving

25 fund.
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1 ‘‘(2) The Secretary may make an interest-free

2 advance from the Fund to any State, Indian tribe,

3 or local government to assist in the development of

4 a plan under this section or section 10.

5 ‘‘(3) In making grants and advances under

6 paragraph (2) with respect to a plan, the Secretary

7 shall consider—

8 ‘‘(A) the number of species covered by the

9 plan;

10 ‘‘(B) the commitment to participate in the

11 planning process from a diversity of interests,

12 including local governmental, business, environ13 mental, and landowner interests;

14 ‘‘(C) the likelihood of success of the plan15 ning effort;

16 ‘‘(D) the availability of matching funds

17 from the State or local government or other

18 sources; and

19 ‘‘(E) other factors the Secretary considers

20 appropriate.

21 ‘‘(4) Sums advanced from the Fund shall be re22 paid by the earlier of—

23 ‘‘(A) 10 years after the date of the ad24 vance; or
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1 ‘‘(B)(i) in the case of an advance for a

2 plan under this section, 3 years after the date

3 of the advance if no plan is developed and sub4 mitted to the Secretary within 2 years after the

5 date of the advance; or

6 ‘‘(ii) in the case of an advance for a plan

7 under section 10, 4 years after the date of the

8 advance if no permit is issued under section

9 10(a)(1)(B) with respect to the plan within 3

10 years after the date of the advance.

11 ‘‘(5) Sums received by the United States as re12 payment of advances from the Fund shall be cred13 ited to the Fund and available for further advances

14 in accordance with this subsection without further

15 appropriation.

16 ‘‘(f) DEFINITION.—For purposes of this section, the

17 term ‘prevent endangerment’ means to conserve a species

18 by eliminating, reducing, or controlling threats to the spe19 cies which are otherwise likely to result in a determination

20 under this Act that the species is a threatened species or

21 endangered species.’’.

22 SEC. 6. LISTING AND DELISTING IMPROVEMENTS; STATE

23 AND TRIBAL COOPERATION.

24 (a) DELISTING.—Section 4(a) (16 U.S.C. 1533(a))

25 is amended by redesignating paragraphs (2) and (3) as
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1 paragraphs (3) and (4), respectively, and by inserting

2 after paragraph (1) the following new paragraph:

3 ‘‘(2) The Secretary shall, upon receipt of a petition

4 under section 4(b) or of information under this paragraph,

5 and by regulation promulgated in accordance with sub6 section (b), promptly determine whether any species is no

7 longer an endangered species or threatened species due

8 to—

9 ‘‘(A) a significant change in the factor or fac10 tors under this subsection upon which the original

11 determination was based;

12 ‘‘(B) the identification of new scientific infor13 mation regarding population size or other relevant

14 data;

15 ‘‘(C) the achievement of certain criteria as iden16 tified in the recovery plan under section 5 for that

17 species; or

18 ‘‘(D) a change in the appendix of the Conven19 tion under which that species is listed.’’.

20 (b) CRITICAL HABITAT; REGULATORY ASSUR21 ANCES.—Section 4(a)(4) (as redesignated by subsection

22 (a) of this section) is amended to read as follows:

23 ‘‘(4)(A) The Secretary, by regulation promulgated in

24 accordance with subsection (b) and to the maximum ex25 tent determinable, shall—
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1 ‘‘(i) concurrently with making a determination

2 under paragraph (1) that a species is an endangered

3 species or threatened species, publish in the Federal

4 Register and local newspapers a list of those specific

5 acts which are prohibited under section 9, and hold

6 at least one public hearing in each State affected by

7 the prohibitions under section 9 within 30 days after

8 the date of publication of general notice; and

9 ‘‘(ii) as part of the recovery plan for a threat10 ened species or endangered species, designate critical

11 habitat for that species, if appropriate.

12 ‘‘(B) The Secretary may make available any addi13 tional information through the Community Assistance

14 Program under section 14.’’.

15 (c) STATE, TRIBAL, AND FOREIGN GOVERNMENT

16 PARTICIPATION.—Section 4(b)(1)(A) (16 U.S.C.

17 1533(b)(1)(A)) is amended in the first sentence by strik18 ing ‘‘and after’’ and inserting ‘‘, after soliciting and fully

19 considering, in consultation with each affected State, In20 dian tribe, or foreign nation in which the species occurs,

21 scientific and commercial data concerning the status of

22 the species’’.

23 (d) PEER REVIEW.—Section 4(b) (16 U.S.C.

24 1533(b)) is amended—
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1 (1) in the heading, by inserting ‘‘; PEER RE2 VIEW REQUIREMENT’’ after ‘‘DETERMINATIONS’’;

3 and

4 (2) in paragraph (1) by redesignating subpara5 graph (B) as subparagraph (D) and inserting after

6 subparagraph (A) the following new subparagraphs:

7 ‘‘(B)(i) If any interested person, in the public com8 ment period prior to the making of a determination under

9 subsection (a) for a species, submits reasonable evidence

10 that a legitimate scientific dispute exists regarding the

11 data used to make the determination for that species, the

12 Secretary shall request a peer review from 3 independent

13 referees who—

14 ‘‘(I) through publication of peer-reviewed sci15 entific literature or other means, have demonstrated

16 relevant scientific expertise on that species or similar

17 species;

18 ‘‘(II) are selected by the Secretary in consulta19 tion with the National Academy of Sciences; and

20 ‘‘(III) do not have, nor represent anyone with,

21 a significant economic interest in the determination.

22 ‘‘(ii) To the maximum extent practicable, peer re23 views under this subsection shall be conducted within 30

24 days after the Secretary’s request. A summary of the peer

25 review shall be made available to each affected State and
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1 to any interested person upon request. Names of the ref2 erees shall not be made available to the public.

3 ‘‘(iii) Referees under this paragraph shall be exempt

4 from the Federal Advisory Committee Act, for purposes

5 of holding meetings as a panel for purposes of this para6 graph.

7 ‘‘(iv) The Secretary may provide reasonable com8 pensation to referees for services under this section.

9 ‘‘(C) The Secretary shall base any determination

10 under subsection (a) on the peer review and the prepon11 derance of the scientific data.’’.

12 (e) LISTING PRIORITIES.—Section 4(b)(1)(C) (as re13 designated by subsection (d)(2) of this section) is amended

14 by striking ‘‘consideration to species which have

15 been—’’ and inserting ‘‘priority consideration to species

16 the conservation of which is most likely to reduce the need

17 to list other species dependent upon the same habitat or

18 ecosystem, or to preserve the biodiversity of that eco19 system. In addition, the Secretary shall give priority con20 sideration to species which have been—’’.

21 (f) PETITIONS TO LIST, DELIST, OR DOWNLIST.—

22 Section 4(b)(3)(A) (16 U.S.C. 1533(b)(3)(A)) is amend23 ed—

24 (1) by inserting ‘‘(i)’’ after ‘‘(3)(A)’’;
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1 (2) in the first sentence, by striking ‘‘90’’ and

2 inserting ‘‘180’’; and

3 (3) by striking all after the first sentence and

4 inserting the following:

5 ‘‘(ii) A petition referred to in clause (i) for a species

6 shall contain the following information, based on the sci7 entific and commercial information reasonably available to

8 the petitioner:

9 ‘‘(I) The current known range of the species.

10 ‘‘(II) The most recent population estimates and

11 trends.

12 ‘‘(III) The reason that the petitioned action is

13 warranted, based on the factors established under

14 subsection (a).

15 ‘‘(IV) A bibliography of recent peer-reviewed

16 scientific literature on the species, if any.

17 ‘‘(V) Any other information that the petitioner

18 considers appropriate.

19 ‘‘(iii) If the Secretary finds that such a petition con20 tains such information, the Secretary shall—

21 ‘‘(I) provide the petition to each affected State

22 and request comments on whether the petitioned ac23 tion is warranted;

24 ‘‘(II) promptly commence a review of any new

25 information presented by the petition; and
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1 ‘‘(III) promptly publish each finding made

2 under this subparagraph in the Federal Register.’’.

3 SEC. 7. RECOVERY PLANNING IMPROVEMENTS.

4 (a) DEVELOPMENT AND IMPLEMENTATION OF RE5 COVERY PLANS.—Section 5 (16 U.S.C. 1534) is amend6 ed—

7 (1) by redesignating subsections (a) and (b) as

8 subsections (c) and (d), respectively;

9 (2) by striking so much as precedes subsection

10 (c) (as redesignated by paragraph (1) of this sub11 section) and inserting the following:

12 ‘‘RECOVERY OF ENDANGERED SPECIES AND

13 THREATENED SPECIES

14 ‘‘SEC. 5. (a) RECOVERY PLANS.—

15 ‘‘(1) IN GENERAL.—(A) The Secretary shall, on

16 the basis of the best scientific and commercial data

17 available, develop and implement recovery plans for

18 the timely conservation of endangered species and

19 threatened species. The goal of a recovery plan shall

20 be to eliminate or reduce the factors that resulted in

21 a determination under section 4(a)(1) that the spe22 cies is a threatened species or endangered species,

23 and to achieve recovery for that species.

24 ‘‘(B) The Secretary and each affected State

25 shall jointly appoint a Recovery Team to develop the

26 recovery plan. Recovery Teams shall not be subject
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1 to the Federal Advisory Committee Act (5 U.S.C.

2 App.). Recovery Teams shall include representatives

3 of—

4 ‘‘(i) the Secretary and other relevant Fed5 eral agencies;

6 ‘‘(ii) each affected State;

7 ‘‘(iii) Indian tribes and local governments

8 significantly affected by the determination;

9 ‘‘(iv) private landowners;

10 ‘‘(v) individuals with recognized scientific

11 expertise in the species; and

12 ‘‘(vi) other interested persons, including

13 local conservation organizations, industry rep14 resentatives, and others as appropriate.

15 ‘‘(C) The head of each Federal agency shall en16 sure that any action funded, authorized, or carried

17 out by such agency is not likely to have an adverse

18 impact on the objectives of any recovery plan devel19 oped under this subsection.

20 ‘‘(D) The Secretary shall, consistent with this

21 section, seek to minimize adverse social and eco22 nomic consequences that may result from implemen23 tation of recovery plans.

24 ‘‘(E) Development and implementation of recov25 ery plans shall begin—
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1 ‘‘(i) to the extent practicable and subject

2 to paragraph (2), not later than 18 months

3 after the date of the enactment of the Endan4 gered Natural Legacy Protection Act of 1995,

5 in the case of any species determined by the

6 Secretary under section 4(a)(1) to be an endan7 gered species or threatened species on or before

8 that date of enactment, and for which no recov9 ery plan was developed under this Act before

10 that date of enactment; and

11 ‘‘(ii) by not later than 12 months after the

12 date on which the species is determined to be

13 a threatened species or endangered species, in

14 the case of any species for which that deter15 mination is made after that date of enactment.

16 ‘‘(2) PRIORITIES.—The Secretary shall, to the

17 maximum extent practicable, give priority to the de18 velopment and implementation of recovery plans—

19 ‘‘(A) which are integrated, multispecies re20 covery plans;

21 ‘‘(B) which would preserve regional or local

22 biodiversity; or

23 ‘‘(C) for those species that are most likely

24 to benefit from recovery plans.
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1 ‘‘(3) CONTENTS.—Each recovery plan for a spe2 cies shall, to the maximum extent practicable, in3 clude the following:

4 ‘‘(A) Objective, measurable biological cri5 teria which, if met, would result in a determina6 tion under this Act that the species is no longer

7 a threatened species or endangered species. Cri8 teria under this paragraph—

9 ‘‘(i) shall include target population

10 sizes, habitat needs, and other biological

11 criteria relevant to recovery, as appro12 priate; and

13 ‘‘(ii) shall be determined by independ14 ent scientists who—

15 ‘‘(I) through publication of peer16 reviewed scientific literature, have

17 demonstrated relevant scientific exper18 tise on that species or similar species;

19 ‘‘(II) are selected by the Sec20 retary in consultation with the Na21 tional Academy of Sciences; and

22 ‘‘(III) do not have, nor represent

23 anyone with, a significant economic

24 interest in the recovery plan.
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1 ‘‘(B) A description of site-specific manage2 ment actions to achieve the criteria included in

3 the plan under subparagraph (A).

4 ‘‘(C) Designation of critical habitat, if ap5 propriate.

6 ‘‘(D) Estimates of the time required and

7 the cost—

8 ‘‘(i) to carry out those measures need9 ed to achieve those criteria; and

10 ‘‘(ii) to achieve defined intermediate

11 steps toward those criteria.

12 ‘‘(E) A description of actions that will be

13 taken to minimize adverse social or economic

14 impacts resulting from implementation of the

15 recovery plan.

16 ‘‘(F) Strategies that utilize existing Fed17 eral lands to promote the recovery of the spe18 cies.

19 ‘‘(G) An identification of measures which,

20 if taken by Federal agencies, would contribute

21 to the recovery of the species.

22 ‘‘(H) An identification of the specific areas

23 or circumstances in which the implementation

24 of the plan would help to reduce conflicts be-
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1 tween recovery of the species and economic ac2 tivity.

3 ‘‘(I) An identification of the specific areas

4 and circumstances in which implementation of

5 the plan would enhance commercial and rec6 reational fishing, sustainable natural resource

7 development, general recreational and sporting

8 activities, ecotourism, and other economic devel9 opment.

10 ‘‘(J) An identification of the specific areas

11 or circumstances in which entering into agree12 ments with private landowners under section 14

13 would promote the recovery of the species.

14 ‘‘(K) An identification of the opportunities

15 to cooperate with State and local governments

16 and other persons in actions which would con17 tribute to the recovery of the species.

18 ‘‘(L) If applicable, an analysis of the ex19 tent to which the plan will affect the use of pri20 vate property. An analysis under this subpara21 graph shall be made available, on request, to

22 any owner of property within the recovery plan23 ning area.

24 ‘‘(4) RECOVERY PLAN CONSISTENCY.—To the

25 maximum extent practicable and consistent with the
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1 goals of the Act, a recovery plan for a species pre2 viously included in a voluntary conservation agree3 ment under section 5 which is still in effect, shall be

4 consistent with the conservation agreement.

5 ‘‘(5) PUBLIC REVIEW AND COMMENT.—The

6 Secretary shall, before giving final approval to a re7 covery plan, provide public notice and an oppor8 tunity for public review and comment on the plan,

9 and consider all information presented during the

10 public comment period.

11 ‘‘(6) REPORTS.—The Secretary shall report

12 every 2 years to the Committee on Environment and

13 Public Works of the Senate and the Committee on

14 Resources of the House of Representatives on the

15 status of efforts to develop and implement recovery

16 plans for all threatened species and endangered spe17 cies.

18 ‘‘(b) MONITORING.—The Secretary, in cooperation

19 with the States, shall implement a system to monitor effec20 tively for not less than 5 years the status of each species

21 which has recovered to the point at which the measures

22 provided pursuant to this Act are no longer necessary and

23 which, pursuant to section 4, has been determined to no

24 longer be a threatened species or endangered species.

25 Nothing in this subsection shall prevent the Secretary
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1 from designating an appropriate agency to a State to con2 duct such monitoring, if so requested by the State.’’; and

3 (3) in subsection (d) (as redesignated by para4 graph (1) of this subsection), by striking ‘‘subsection

5 (a)’’ and inserting ‘‘subsection (c)’’.

6 (b) EXISTING RECOVERY PLANS.—Each recovery

7 plan developed under the Endangered Species Act of 1973

8 before the date of the enactment of this Act shall continue

9 in effect until revised by the Secretary in accordance with

10 the amendments made by this Act.

11 (c) TECHNICAL AND CONFORMING AMENDMENTS.—

12 Section 4 is amended—

13 (1) by striking subsections (f) and (g) and re14 designating subsections (h) and (i) as subsections (f)

15 and (g), respectively; and

16 (2) in subsection (f) (as redesignated by para17 graph (1) of this subsection)—

18 (A) in the first sentence by striking ‘‘sec19 tion’’ and inserting ‘‘Act’’;

20 (B) in paragraph (3), by striking ‘‘of the

21 section’’ and inserting ‘‘of this section’’;

22 (C) in paragraph (4), by striking ‘‘sub23 section (f) of this section’’ and inserting ‘‘sec24 tion 5’’; and
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1 (D) by moving the last sentence 2 ems to

2 the left, and in such sentence by striking ‘‘this

3 subsection’’ and inserting ‘‘this section’’.

4 SEC. 8. INCENTIVES FOR ENDANGERED SPECIES CON5 SERVATION ON PRIVATE PROPERTY.

6 Section 14 of the Endangered Species Act of 1973

7 (16 U.S.C. 1531 et seq.) is amended to read as follows:

8 ‘‘COOPERATION WITH PRIVATE LANDOWNERS

9 ‘‘SEC. 14. (a) IN GENERAL.—The Secretary shall

10 seek to work cooperatively with private landowners in the

11 conservation of threatened species and endangered species,

12 and shall seek to minimize adverse social and economic

13 consequences that may result from efforts to conserve

14 such species.

15 ‘‘(b) PRIORITIES.—In developing any recovery plan

16 under section 5 for the conservation of a threatened spe17 cies or endangered species, the Secretary shall, to the max18 imum extent practicable, give priority to actions in the fol19 lowing order:

20 ‘‘(1) Actions to conserve species on Federal

21 lands.

22 ‘‘(2) In cooperation with the appropriate State,

23 actions to conserve species on State lands.

24 ‘‘(3) In cooperation with the appropriate local

25 government, actions to conserve species on public
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1 lands within the jurisdiction of that local govern2 ment.

3 ‘‘(4) Ensuring that federally subsidized activi4 ties on private lands are consistent with the objec5 tives of the recovery plan.

6 ‘‘(5) Ensuring that incentives to conserve spe7 cies on private lands under subsection (e) are used

8 to the maximum extent practicable.

9 ‘‘(6) Regulating activities on private lands in a

10 manner that will minimize adverse economic impacts

11 through the use of habitat conservation plans under

12 section 10 and other mechanisms as appropriate.

13 ‘‘(c) PUBLIC OUTREACH AND COMMUNITY ASSIST14 ANCE PROGRAMS.—(1) The Secretary shall establish a

15 Community Assistance Program to provide timely and ac16 curate information to local governments or property own17 ers.

18 ‘‘(2) Community Assistance Program employees shall

19 be located within each field office of the United States

20 Fish and Wildlife Service. Their duties shall include, but

21 not be limited to—

22 ‘‘(A) providing accurate, timely information on

23 local impacts of listings, recovery planning efforts,

24 and other actions under this Act;
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1 ‘‘(B) providing assistance on obtaining permits

2 under section 10 and other provisions of this Act;

3 ‘‘(C) serving as a focal point for questions, re4 quests, complaints, and suggestions from property

5 owners and local governments concerning the poli6 cies and activities of the United States Fish and

7 Wildlife Service or other Federal agencies in the im8 plementation of this Act; and

9 ‘‘(D) training Federal personnel on public out10 reach efforts.

11 ‘‘(d) PRIVATE LANDOWNER COOPERATIVE AGREE12 MENT PROGRAM.—(1) The Secretary shall establish a pri13 vate landowner cooperative agreement program for the

14 purpose of encouraging the management, restoration, or

15 enhancement of habitats for endangered species or threat16 ened species on private lands in furtherance of the pur17 poses of this Act.

18 ‘‘(2) The Secretary may enter into written coopera19 tive agreements with participating private landowners pur20 suant to the program established by this subsection.

21 ‘‘(3) A cooperative agreement with a landowner under

22 this subsection shall—

23 ‘‘(A) describe the private lands which are sub24 ject to the agreement, and any technical or other as-
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1 sistance which may be provided to the landowner by

2 the Secretary under the agreement, as appropriate;

3 ‘‘(B) describe, for the lands covered by the

4 agreement, as of the date the agreement is entered

5 into, the baseline population size and habitat, of en6 dangered species and threatened species that are

7 covered by the agreement;

8 ‘‘(C) provide the participating landowner with

9 volunteer status under the Fish and Wildlife Im10 provement Act of 1956 (16 U.S.C. 742f(c));

11 ‘‘(D) be effective for a period agreed to by the

12 parties to the agreement which is of sufficient dura13 tion to enhance the conservation of the species cov14 ered by the agreement, and be effective after that

15 period until revoked by the landowner by submission

16 of written notice to the Secretary;

17 ‘‘(E) describe those measures necessary to fur18 ther the recovery of each species covered by the

19 agreement through the management, restoration, or

20 creation of habitat upon which the species is depend21 ent; and

22 ‘‘(F) authorize, during or after, the period the

23 cooperative agreement is in effect, any taking that—

24 ‘‘(i) is otherwise incidental to, and not the

25 purpose of, the carrying out of any otherwise
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1 lawful activity on the lands covered by the

2 agreement;

3 ‘‘(ii) does not reduce for the lands covered

4 by the agreement the baseline population size or

5 habitat of the species covered by the agreement

6 below that described in the statement of the

7 Secretary under subparagraph (B); and

8 ‘‘(iii) does not have the effect of reducing

9 the total amount of habitat available to the

10 overall population to levels below those available

11 to the population prior to the effective date of

12 the agreement.

13 ‘‘(4) For purposes of this subsection, the term ‘base14 line population and habitat’ means the population size and

15 habitat of the species at the time the agreement is entered

16 into.

17 ‘‘(e) VOLUNTARY INCENTIVES FOR CONSERVING

18 SPECIES ON PRIVATE LANDS.—

19 ‘‘(1) IN GENERAL.—The Secretary may estab20 lish voluntary incentive programs in accordance with

21 this subsection, under those programs, enter into

22 written agreements with private landowners to con23 serve endangered species or threatened species on

24 private lands consistent with the goals and purposes

25 of this Act.
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1 ‘‘(2) SPECIES RESERVE PROGRAM.—(A) Subject

2 to appropriations, the Secretary may establish under

3 this subsection a species reserve program through

4 contracts to assist owners of important habitats for

5 endangered species or threatened species in conserv6 ing those habitats.

7 ‘‘(B) A contract under this paragraph shall set

8 forth—

9 ‘‘(i) the conservation measures and prac10 tices to be carried out by the landowner during

11 the term of the contract; and

12 ‘‘(ii) the commercial use, if any, to be per13 mitted on the land during such term.

14 ‘‘(C) A contract under this paragraph may in15 clude terms under which the Secretary shall—

16 ‘‘(i) share the cost of carrying out the con17 servation measures and practices set forth in

18 the contract for which the Secretary determines

19 that cost-sharing is appropriate and in the pub20 lic interest; and

21 ‘‘(ii) provide technical assistance to the

22 landowner.

23 ‘‘(3) AWARDS FOR ENDANGERED SPECIES CON24 SERVATION.—The Secretary may establish under

25 this subsection a program to recognize excellence in
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1 non-Federal conservation of endangered species and

2 threatened species. Such program shall include, sub3 ject to the availability of appropriations, the annual

4 presentation of 3 Conservation Excellence Awards in

5 the amount of $5,000 each to private landowners for

6 voluntary efforts to conserve species.

7 ‘‘(4) LAND EXCHANGES.—Consistent with exist8 ing law, the Secretary and the Secretary of Agri9 culture are encouraged to undertake exchanges of

10 land within the jurisdiction of each Secretary (other

11 than units of the National Park System, the Na12 tional Wildlife Refuge System, National Wild and

13 Scenic Rivers, or the National Wilderness System)

14 for private lands for purposes of furthering the goals

15 of this Act.’’.

16 SEC. 9. STREAMLINING INTERAGENCY COOPERATION.

17 (a) IN GENERAL.—Within 1 year after the date of

18 the enactment of this Act, the Secretary shall, in coopera19 tion with the States, develop and propose regulations that

20 will ensure timely conclusion of consultations under sec21 tion 7 of the Endangered Species Act of 1973 (16 U.S.C.

22 1536).

23 (b) CONSOLIDATION; STATE COOPERATION.—Section

24 7 (16 U.S.C. 1536) is amended—
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1 (1) in subsection (a)(2), in the last sentence, by

2 inserting before the period the following: ‘‘, after so3 liciting and fully considering scientific and commer4 cial data concerning the agency action from the ap5 propriate State agency in each affected State’’;

6 (2) by adding at the end of subsection (a) the

7 following new paragraph:

8 ‘‘(5)(A) Consultations and conferences under this

9 section between the Secretary and a Federal agency may,

10 if approved by the Secretary, encompass a number of simi11 lar or related agency actions to be undertaken within a

12 particular geographical area or ecosystem.

13 ‘‘(B) The Secretary may consolidate requests for con14 sultations or conferences from various Federal agencies

15 whose proposed actions may affect endangered species,

16 threatened species, or candidate species that are depend17 ent on the same ecosystem.’’; and

18 (3) in subsection (b)(3)(A) by inserting after

19 ‘‘habitat.’’ the following new sentence: ‘‘The Sec20 retary shall provide an opportunity for States, local

21 governments, and other interested persons to com22 ment on the Secretary’s opinion.’’.

23 SEC. 10. IMPROVING HABITAT CONSERVATION PLANNING.

24 Section 10(a) is amended by adding at the end the

25 following new paragraphs:
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1 ‘‘(3)(A) Habitat conservation plans developed pursu2 ant to this subsection may cover multiple species or habi3 tats. Any State, Indian tribe, local government, or other

4 person may develop and submit to the Secretary a habitat

5 conservation plan to conserve and manage multiple species

6 or habitats, including but not limited to the following:

7 ‘‘(i) species listed as endangered or threatened

8 under section 4(b) of this Act or under State endan9 gered or threatened species conservation programs;

10 ‘‘(ii) species that are candidates for such listing;

11 or

12 ‘‘(iii) other rare or declining species whose habi13 tat is located within the same ecosystem as is habi14 tat of species under clause (i) or (ii).

15 ‘‘(B) The Secretary, in cooperation with the affected

16 State agencies and Indian tribes, shall issue standards and

17 guidelines for the development and approval of habitat

18 conservation plans under this subsection. Such standards

19 and guidelines shall include the development of a short,

20 simple, standardized form for private landowners whose

21 permit under this section applies to land in residential,

22 noncommercial use.

23 ‘‘(C) The Secretary shall approve a permit applica24 tion for a multiple species conservation plan within 180

25 days of receipt of the application if the Secretary finds,
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1 in addition to the criteria under paragraph (2)(B) of this

2 subsection, that such a plan—

3 ‘‘(i) is consistent with the conservation of the

4 various species or habitats covered by the plan, or,

5 in the case of endangered or threatened species, is

6 consistent with the goals of a recovery plan under

7 section 5; and

8 ‘‘(ii) is consistent with any voluntary conserva9 tion agreements approved under section 6.

10 ‘‘(D) Upon approval of a multiple species habitat con11 servation plan, otherwise lawful activities undertaken in

12 accordance with the approved plan shall be deemed to be

13 in compliance with the requirements of section 9.

14 ‘‘(E) Other Federal agencies shall manage lands

15 under their jurisdiction in a manner which is consistent

16 with the conservation goals of the habitat conservation

17 plan.

18 ‘‘(F) The Secretary may provide grants or interest19 free loans or other assistance to States, Indian tribes, local

20 governments, or other persons in support of the develop21 ment and implementation of habitat conservation plans

22 under this subsection.

23 ‘‘(G) If the Secretary, in cooperation with the permit24 tee under this subsection, decides that additional mitiga25 tion measures are required to prevent the extinction or
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1 further decline of a species covered under the terms of

2 a habitat conservation plan, a plan permittee who is in

3 compliance with such a plan shall not be required to bear

4 the cost of such measures.

5 ‘‘(4)(A) If the Secretary receives a permit application

6 under this subsection for an activity on private property

7 which the Secretary, after consultation with the property

8 owner, finds does not meet the requirements established

9 under paragraph (2), the Secretary shall, at the request

10 of the applicant, prepare an analysis of the effect of such

11 finding on the use of private property in question. Such

12 analysis shall not be made available to the public without

13 the consent of the owner of the property.

14 ‘‘(B) For purposes of this paragraph, the term ‘pri15 vate property’ means real property.’’.

16 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

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

18 follows:

19 ‘‘AUTHORIZATION OF APPROPRIATIONS

20 ‘‘SEC. 15. (a) IN GENERAL.—In addition to amounts

21 authorized under subsections (b), (c), and (d), there are

22 authorized to be appropriated—

23 ‘‘(1) $102,000,000 for each of fiscal years 1997

24 and 1998, and $112,000,000 for each of fiscal years

25 1999 and 2000, to enable the Department of the In26 terior to carry out its responsibilities under this Act;
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1 ‘‘(2) $20,000,000 for each of fiscal years 1997

2 and 1998, and $22,000,000 for each of fiscal years

3 1999 and 2000, to enable the Department of the In4 terior to carry out its responsibilities under section

5 6;

6 ‘‘(3) $21,000,000 for each of fiscal years 1997

7 and 1998, and $23,000,000 for each of fiscal years

8 1999 and 2000, to enable the Department of Com9 merce to carry out its responsibilities under this Act;

10 ‘‘(4) $2,000,000 for each of fiscal years 1997

11 and 1998, and $2,200,000 for each of fiscal years

12 1999 and 2000, to enable the Department of Com13 merce to carry out its responsibilities under section

14 6; and

15 ‘‘(5) $31,000,000 for each of fiscal years 1997

16 and 1998, and $34,000,000 for each of fiscal years

17 1999 and 2000, to enable the Department of Agri18 culture to carry out its responsibilities with respect

19 to the enforcement of this Act and the Convention

20 which pertain to the importation or exportation of

21 plants.

22 ‘‘(b) CONSERVATION PLANNING FUND.—To assist in

23 the development of plans under section 6 and section 10,

24 there are authorized to be appropriated to the Secretary
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1 $20,000,000, which shall be deposited into the Conserva2 tion Planning Fund established under section 6.

3 ‘‘(c) PRIVATE LANDOWNER INCENTIVES.—There are

4 authorized to be appropriated to the Secretary

5 $10,000,000 for each of fiscal years 1997 through 2000

6 for implementing section 14.

7 ‘‘(d) EXEMPTIONS FROM ACT.—There are authorized

8 to be appropriated to the Secretary to assist the Secretary

9 and the Endangered Species Committee in carrying out

10 their responsibilities under section 7, $600,000 for each

11 of fiscal years 1997 through 2000.’’.

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