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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2374 Introduced in House (IH)]

  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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Endangered Natural Legacy Protection 
Act of 1995''.

SEC. 2. FINDINGS.

    The Congress finds and declares the following:
            (1) For more than 25 years, the American people have 
        recognized the importance of protecting the natural 
        environmental legacy of this Nation.
            (2) That natural legacy consists of fish, wildlife, and 
        plant species and the ecosystems which are crucial to their 
        survival.
            (3) Conservation of these species holds both economic, 
        medicinal, and aesthetic value for the United States.
            (4) The Endangered Species Act of 1973 has proven 
        successful in helping to protect this Nation's natural legacy 
        of fish, wildlife, and plant species.
            (5) As more species have been threatened by natural and 
        human factors, conservation of those species has increasingly 
        relied on habitat protection efforts on both public and private 
        land.
            (6) States, local governments, and private landowners 
        require assistance from the Federal Government in conserving 
        endangered species and their habitats.
            (7) If this precious natural environmental legacy is to be 
        protected, the provisions of the Endangered Species Act of 1973 
        must be adapted to the changing needs of this Nation and its 
        people.

SEC. 3. AMENDMENT OF ENDANGERED SPECIES ACT OF 1973.

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

SEC. 4. DEFINITIONS.

    Section 3 (16 U.S.C. 1532) is amended--
            (1) in paragraph (5) by amending so much as precedes 
        subparagraph (B) to read as follows:
            ``(5)(A) The term `critical habitat' for a threatened or 
        endangered species means the specific areas within the 
        geographical area designated in a recovery plan on which are 
        found those physical or biological features essential to the 
        conservation of the species and which may require special 
        management considerations or protection.'';
            (2) in paragraph (5) by striking subparagraph (C); and
            (3) by adding at the end the following new paragraphs:
            ``(22) The term `biological diversity' means the variety of 
        life forms, the ecological roles they perform, and the genetic 
        diversity they contain.
            ``(23) The term `ecosystem' means an interactive system of 
        organisms, both plants and animals, dependent on a particular 
        habitat, such as a lake, stream, or forest, and the physical 
        conditions under which they live.
            ``(24) The term `cooperation with the States, Indian 
        tribes, and local governments' means a collaborative process 
        established by the Secretary in which the States, Indian 
        tribes, and local governments, as administrative and regulatory 
        partners, participate in a meaningful and timely manner in the 
        development of standards, guidelines, and regulations that 
        implement the provisions of this Act and that integrate their 
        recommendations, field practices, and programs consistent with 
        the goals of this Act.''.

SEC. 5. PREVENTING ENDANGERMENT.

    Section 6 (16 U.S.C. 1535) is amended--
            (1) by redesignating subsections (c), (d), (e), (h), and 
        (i) in order as subsections (h), (i), (j), (k), (l), (m), and 
        (n); and
            (2) by inserting after subsection (b) the following new 
        subsections:
    ``(c) Voluntary Conservation Agreements.--(1) The Secretary may 
enter into a voluntary conservation agreement for up to 5 years with 
any State, Indian tribe, or local government, if requested by the 
State, Indian tribe, or local government to do so. The goal of the 
conservation agreement shall be to prevent endangerment. The 
conservation agreement shall--
            ``(A) promote the conservation of a species for which a 
        finding has been made under subsection (b)(3)(B)(iii) 
        (hereafter in this Act referred to as a `candidate species');
            ``(B) promote the conservation of other declining species 
        which are dependent on the same ecosystem or located within the 
        same habitat as a candidate species; or
            ``(C) promote the conservation of other species, rare 
        habitats, or regional biological diversity, as appropriate.
    ``(2) Consideration of a conservation agreement under this section 
may be initiated by the Secretary or a State, Indian tribe, or local 
government.
    ``(3) Any State, Indian tribe, or local government or coalition of 
States, Indian tribes, or local governments may submit a proposed 
conservation agreement to the Secretary for consideration. The 
Secretary may provide technical assistance or other assistance as 
appropriate for the development of such an agreement.
    ``(4) Conservation agreements shall contain the following 
information:
            ``(A) Objective, measurable scientific criteria which, if 
        met, would prevent endangerment.
            ``(B) A description of site-specific management actions to 
        achieve the criteria required under subparagraph (A) and a 
        timetable for completing those actions.
            ``(C) A description of actions that will be taken to 
        minimize adverse social or economic impacts (if any) resulting 
        from implementation of the agreement.
            ``(D) Strategies that use existing Federal, State, or other 
        public lands to promote the conservation of the species or 
        habitats that are the subject of the agreement.
            ``(E) An identification of the specific areas or 
        circumstances in which the implementation of the agreement 
        would help to reduce conflicts (if any) between conservation of 
        species and economic activity.
            ``(F) An identification of the opportunities for 
        cooperation among States, Indian tribes, local governments, 
        public utilities, and other interested persons to undertake 
        actions which would contribute to the conservation of species 
        or habitat.
            ``(G) A method of monitoring the success of the 
        conservation agreement in preventing endangerment and 
        compliance with its terms.
            ``(H) Any other information that the State, Indian tribe, 
        local government, or the Secretary considers appropriate.
    ``(5)(A) The Secretary shall, within 90 days after the date of 
submission of any conservation agreement under this subsection, 
determine whether the agreement will achieve the goals required under 
paragraph (1).
    ``(B) If the conservation agreement is not approved by the 
Secretary, the Secretary shall return the proposed conservation 
agreement to the State, Indian tribe, or local government (hereinafter 
referred to as an `agreement party') with suggestions for modification 
that would result in approval of the conservation agreement.
    ``(6)(A) If a species covered by an approved conservation agreement 
continues to decline and, as a result of the factors under section 
4(a), becomes an endangered species or threatened species, the 
agreement party may request the Secretary to transfer management 
authority for that species over to the agreement party through a 
written amendment to the conservation agreement.
    ``(B) Such management authority shall consist of the authority to 
grant permits under section 10, and to enforce the provisions of 
section 9, consistent with the goals and purposes of the Act.
    ``(C) The Secretary shall comply with a request under this 
paragraph within 60 days if the Secretary finds--
            ``(i) the agreement party is able to conduct investigations 
        to determine the status and requirements for survival and 
        recovery of the species;
            ``(ii) the agreement party is able to establish and enforce 
        programs for the conservation of the species consistent with 
        the goals and purposes of the Act; and
            ``(iii) the agreement party has committed to implement and 
        enforce sections 9 and 10 in a manner consistent with the goals 
        and purposes of the Act.
    ``(D) The Secretary may provide technical and other assistance as 
appropriate to the agreement party to carry out the provisions of this 
paragraph.
    ``(7) The agreement party shall submit an annual report to the 
Secretary on the status of the species covered by the conservation 
agreement. The Secretary shall review the annual reports to determine 
whether the agreement party is in compliance with the terms of the 
conservation agreement. If the Secretary determines that the agreement 
party is not in compliance, the Secretary shall immediately notify the 
agreement party of that determination. If the agreement party is unable 
to come into compliance within 6 months after the date of such 
notification, the conservation agreement shall be void.
    ``(8) During the time period specified in a conservation agreement, 
the Secretary may not specify additional terms to the agreement unless 
the Secretary and the agreement party determine that the species is 
likely to become an endangered species or threatened species within the 
area covered by the conservation agreement during that time period and 
additional terms are necessary to prevent endangerment.
    ``(9)(A) At the conclusion of the time period specified under 
paragraph (6)(A) in a conservation agreement, the Secretary and the 
agreement party shall review the terms of the conservation agreement to 
determine whether the conservation agreement is achieving the goal of 
preventing endangerment. If the conservation agreement is achieving 
that goal, the Secretary and the agreement party may extend the 
existing terms of the conservation agreement for a period not to exceed 
5 years, at which time the review process shall be repeated. If the 
conservation agreement is failing to achieve that goal, the Secretary 
and the agreement party may--
            ``(i) revise or renew the terms of the agreement; or
            ``(ii) choose not to renew the agreement, at which time the 
        authority for sections 9 and 10 shall transfer back to the 
        Secretary.
    ``(B) If a species is determined to be an endangered species or 
threatened species within an area covered by a conservation agreement 
during the time period specified in the agreement, the terms of the 
conservation agreement shall not remain in effect for that species 
unless the agreement is amended pursuant to section 6(d)(6).
    ``(10) To assist the States in carrying out the program under this 
subsection, the Secretary may utilize the land acquisition and other 
authority under this Act.
    ``(d) Consistency.--
            ``(1) Each Federal agency conducting, supporting, or 
        permitting activities in the area covered by an approved 
        conservation agreement shall do so in a manner which is, to the 
        maximum extent practicable, consistent with the conservation 
        agreement and the goals of this Act.
            ``(2)(A) After final approval by the Secretary of a 
        conservation agreement, any applicant for a required Federal 
        license, permit, or support to conduct an activity affecting 
        species within the area covered by the conservation agreement 
        shall provide certification to the agency and the agreement 
        party that such activity will be conducted in a manner 
        consistent with the conservation agreement.
            ``(B) Within 90 days after receipt of certification, the 
        agreement party shall notify the Federal agency that it concurs 
        with or objects to the applicant's certification. If the 
        agreement party fails to furnish the required notification 
        within 90 days, the agreement party's concurrence with the 
        certification shall be conclusively presumed. No license, 
        permit, or other support shall be granted by the Federal agency 
        until the agreement party has concurred or until, by the 
        agreement party's failure to act, the concurrence is 
        conclusively presumed, unless the Secretary finds, after 
        providing a reasonable opportunity for comments from the 
        Federal agency and from the agreement party, that the activity 
        is consistent with the conservation agreement or is otherwise 
        necessary in the interest of national security.
    ``(e) Conservation Planning Fund.--
            ``(1) The Secretary shall establish a Conservation Planning 
        Fund (hereafter referred to in this subsection as the `Fund'), 
        which shall consist of all sums appropriated pursuant to 
        section 15(b), and shall be administered by the Secretary as a 
        revolving fund.
            ``(2) The Secretary may make an interest-free advance from 
        the Fund to any State, Indian tribe, or local government to 
        assist in the development of a plan under this section or 
        section 10.
            ``(3) In making grants and advances under paragraph (2) 
        with respect to a plan, the Secretary shall consider--
                    ``(A) the number of species covered by the plan;
                    ``(B) the commitment to participate in the planning 
                process from a diversity of interests, including local 
                governmental, business, environmental, and landowner 
                interests;
                    ``(C) the likelihood of success of the planning 
                effort;
                    ``(D) the availability of matching funds from the 
                State or local government or other sources; and
                    ``(E) other factors the Secretary considers 
                appropriate.
            ``(4) Sums advanced from the Fund shall be repaid by the 
        earlier of--
                    ``(A) 10 years after the date of the advance; or
                    ``(B)(i) in the case of an advance for a plan under 
                this section, 3 years after the date of the advance if 
                no plan is developed and submitted to the Secretary 
                within 2 years after the date of the advance; or
                    ``(ii) in the case of an advance for a plan under 
                section 10, 4 years after the date of the advance if no 
                permit is issued under section 10(a)(1)(B) with respect 
                to the plan within 3 years after the date of the 
                advance.
            ``(5) Sums received by the United States as repayment of 
        advances from the Fund shall be credited to the Fund and 
        available for further advances in accordance with this 
        subsection without further appropriation.
    ``(f) Definition.--For purposes of this section, the term `prevent 
endangerment' means to conserve a species by eliminating, reducing, or 
controlling threats to the species which are otherwise likely to result 
in a determination under this Act that the species is a threatened 
species or endangered species.''.

SEC. 6. LISTING AND DELISTING IMPROVEMENTS; STATE AND TRIBAL 
              COOPERATION.

    (a) Delisting.--Section 4(a) (16 U.S.C. 1533(a)) is amended by 
redesignating paragraphs (2) and (3) as paragraphs (3) and (4), 
respectively, and by inserting after paragraph (1) the following new 
paragraph:
    ``(2) The Secretary shall, upon receipt of a petition under section 
4(b) or of information under this paragraph, and by regulation 
promulgated in accordance with subsection (b), promptly determine 
whether any species is no longer an endangered species or threatened 
species due to--
            ``(A) a significant change in the factor or factors under 
        this subsection upon which the original determination was 
        based;
            ``(B) the identification of new scientific information 
        regarding population size or other relevant data;
            ``(C) the achievement of certain criteria as identified in 
        the recovery plan under section 5 for that species; or
            ``(D) a change in the appendix of the Convention under 
        which that species is listed.''.
    (b) Critical Habitat; Regulatory Assurances.--Section 4(a)(4) (as 
redesignated by subsection (a) of this section) is amended to read as 
follows:
    ``(4)(A) The Secretary, by regulation promulgated in accordance 
with subsection (b) and to the maximum extent determinable, shall--
            ``(i) concurrently with making a determination under 
        paragraph (1) that a species is an endangered species or 
        threatened species, publish in the Federal Register and local 
        newspapers a list of those specific acts which are prohibited 
        under section 9, and hold at least one public hearing in each 
        State affected by the prohibitions under section 9 within 30 
        days after the date of publication of general notice; and
            ``(ii) as part of the recovery plan for a threatened 
        species or endangered species, designate critical habitat for 
        that species, if appropriate.
    ``(B) The Secretary may make available any additional information 
through the Community Assistance Program under section 14.''.
    (c) State, Tribal, and Foreign Government Participation.--Section 
4(b)(1)(A) (16 U.S.C. 1533(b)(1)(A)) is amended in the first sentence 
by striking ``and after'' and inserting ``, after soliciting and fully 
considering, in consultation with each affected State, Indian tribe, or 
foreign nation in which the species occurs, scientific and commercial 
data concerning the status of the species''.
    (d) Peer Review.--Section 4(b) (16 U.S.C. 1533(b)) is amended--
            (1) in the heading, by inserting ``; Peer Review 
        Requirement'' after ``Determinations''; and
            (2) in paragraph (1) by redesignating subparagraph (B) as 
        subparagraph (D) and inserting after subparagraph (A) the 
        following new subparagraphs:
    ``(B)(i) If any interested person, in the public comment period 
prior to the making of a determination under subsection (a) for a 
species, submits reasonable evidence that a legitimate scientific 
dispute exists regarding the data used to make the determination for 
that species, the Secretary shall request a peer review from 3 
independent referees who--
            ``(I) through publication of peer-reviewed scientific 
        literature or other means, have demonstrated relevant 
        scientific expertise on that species or similar species;
            ``(II) are selected by the Secretary in consultation with 
        the National Academy of Sciences; and
            ``(III) do not have, nor represent anyone with, a 
        significant economic interest in the determination.
    ``(ii) To the maximum extent practicable, peer reviews under this 
subsection shall be conducted within 30 days after the Secretary's 
request. A summary of the peer review shall be made available to each 
affected State and to any interested person upon request. Names of the 
referees shall not be made available to the public.
    ``(iii) Referees under this paragraph shall be exempt from the 
Federal Advisory Committee Act, for purposes of holding meetings as a 
panel for purposes of this paragraph.
    ``(iv) The Secretary may provide reasonable compensation to 
referees for services under this section.
    ``(C) The Secretary shall base any determination under subsection 
(a) on the peer review and the preponderance of the scientific data.''.
    (e) Listing Priorities.--Section 4(b)(1)(C) (as redesignated by 
subsection (d)(2) of this section) is amended by striking 
``consideration to species which have been--'' and inserting ``priority 
consideration to species the conservation of which is most likely to 
reduce the need to list other species dependent upon the same habitat 
or ecosystem, or to preserve the biodiversity of that ecosystem. In 
addition, the Secretary shall give priority consideration to species 
which have been--''.
    (f) Petitions To List, Delist, or Downlist.--Section 4(b)(3)(A) (16 
U.S.C. 1533(b)(3)(A)) is amended--
            (1) by inserting ``(i)'' after ``(3)(A)'';
            (2) in the first sentence, by striking ``90'' and inserting 
        ``180''; and
            (3) by striking all after the first sentence and inserting 
        the following:
    ``(ii) A petition referred to in clause (i) for a species shall 
contain the following information, based on the scientific and 
commercial information reasonably available to the petitioner:
            ``(I) The current known range of the species.
            ``(II) The most recent population estimates and trends.
            ``(III) The reason that the petitioned action is warranted, 
        based on the factors established under subsection (a).
            ``(IV) A bibliography of recent peer-reviewed scientific 
        literature on the species, if any.
            ``(V) Any other information that the petitioner considers 
        appropriate.
    ``(iii) If the Secretary finds that such a petition contains such 
information, the Secretary shall--
            ``(I) provide the petition to each affected State and 
        request comments on whether the petitioned action is warranted;
            ``(II) promptly commence a review of any new information 
        presented by the petition; and
            ``(III) promptly publish each finding made under this 
        subparagraph in the Federal Register.''.

SEC. 7. RECOVERY PLANNING IMPROVEMENTS.

    (a) Development and Implementation of Recovery Plans.--Section 5 
(16 U.S.C. 1534) is amended--
            (1) by redesignating subsections (a) and (b) as subsections 
        (c) and (d), respectively;
            (2) by striking so much as precedes subsection (c) (as 
        redesignated by paragraph (1) of this subsection) and inserting 
        the following:

        ``recovery of endangered species and threatened species

    ``Sec. 5. (a) Recovery Plans.--
            ``(1) In general.--(A) The Secretary shall, on the basis of 
        the best scientific and commercial data available, develop and 
        implement recovery plans for the timely conservation of 
        endangered species and threatened species. The goal of a 
        recovery plan shall be to eliminate or reduce the factors that 
        resulted in a determination under section 4(a)(1) that the 
        species is a threatened species or endangered species, and to 
        achieve recovery for that species.
            ``(B) The Secretary and each affected State shall jointly 
        appoint a Recovery Team to develop the recovery plan. Recovery 
        Teams shall not be subject to the Federal Advisory Committee 
        Act (5 U.S.C. App.). Recovery Teams shall include 
        representatives of--
                    ``(i) the Secretary and other relevant Federal 
                agencies;
                    ``(ii) each affected State;
                    ``(iii) Indian tribes and local governments 
                significantly affected by the determination;
                    ``(iv) private landowners;
                    ``(v) individuals with recognized scientific 
                expertise in the species; and
                    ``(vi) other interested persons, including local 
                conservation organizations, industry representatives, 
                and others as appropriate.
            ``(C) The head of each Federal agency shall ensure that any 
        action funded, authorized, or carried out by such agency is not 
        likely to have an adverse impact on the objectives of any 
        recovery plan developed under this subsection.
            ``(D) The Secretary shall, consistent with this section, 
        seek to minimize adverse social and economic consequences that 
        may result from implementation of recovery plans.
            ``(E) Development and implementation of recovery plans 
        shall begin--
                    ``(i) to the extent practicable and subject to 
                paragraph (2), not later than 18 months after the date 
                of the enactment of the Endangered Natural Legacy 
                Protection Act of 1995, in the case of any species 
                determined by the Secretary under section 4(a)(1) to be 
                an endangered species or threatened species on or 
                before that date of enactment, and for which no 
                recovery plan was developed under this Act before that 
                date of enactment; and
                    ``(ii) by not later than 12 months after the date 
                on which the species is determined to be a threatened 
                species or endangered species, in the case of any 
                species for which that determination is made after that 
                date of enactment.
            ``(2) Priorities.--The Secretary shall, to the maximum 
        extent practicable, give priority to the development and 
        implementation of recovery plans--
                    ``(A) which are integrated, multispecies recovery 
                plans;
                    ``(B) which would preserve regional or local 
                biodiversity; or
                    ``(C) for those species that are most likely to 
                benefit from recovery plans.
            ``(3) Contents.--Each recovery plan for a species shall, to 
        the maximum extent practicable, include the following:
                    ``(A) Objective, measurable biological criteria 
                which, if met, would result in a determination under 
                this Act that the species is no longer a threatened 
                species or endangered species. Criteria under this 
                paragraph--
                            ``(i) shall include target population 
                        sizes, habitat needs, and other biological 
                        criteria relevant to recovery, as appropriate; 
                        and
                            ``(ii) shall be determined by independent 
                        scientists who--
                                    ``(I) through publication of peer-
                                reviewed scientific literature, have 
                                demonstrated relevant scientific 
                                expertise on that species or similar 
                                species;
                                    ``(II) are selected by the 
                                Secretary in consultation with the 
                                National Academy of Sciences; and
                                    ``(III) do not have, nor represent 
                                anyone with, a significant economic 
                                interest in the recovery plan.
                    ``(B) A description of site-specific management 
                actions to achieve the criteria included in the plan 
                under subparagraph (A).
                    ``(C) Designation of critical habitat, if 
                appropriate.
                    ``(D) Estimates of the time required and the cost--
                            ``(i) to carry out those measures needed to 
                        achieve those criteria; and
                            ``(ii) to achieve defined intermediate 
                        steps toward those criteria.
                    ``(E) A description of actions that will be taken 
                to minimize adverse social or economic impacts 
                resulting from implementation of the recovery plan.
                    ``(F) Strategies that utilize existing Federal 
                lands to promote the recovery of the species.
                    ``(G) An identification of measures which, if taken 
                by Federal agencies, would contribute to the recovery 
                of the species.
                    ``(H) An identification of the specific areas or 
                circumstances in which the implementation of the plan 
                would help to reduce conflicts between recovery of the 
                species and economic activity.
                    ``(I) An identification of the specific areas and 
                circumstances in which implementation of the plan would 
                enhance commercial and recreational fishing, 
                sustainable natural resource development, general 
                recreational and sporting activities, ecotourism, and 
                other economic development.
                    ``(J) An identification of the specific areas or 
                circumstances in which entering into agreements with 
                private landowners under section 14 would promote the 
                recovery of the species.
                    ``(K) An identification of the opportunities to 
                cooperate with State and local governments and other 
                persons in actions which would contribute to the 
                recovery of the species.
                    ``(L) If applicable, an analysis of the extent to 
                which the plan will affect the use of private property. 
                An analysis under this subparagraph shall be made 
                available, on request, to any owner of property within 
                the recovery planning area.
            ``(4) Recovery plan consistency.--To the maximum extent 
        practicable and consistent with the goals of the Act, a 
        recovery plan for a species previously included in a voluntary 
        conservation agreement under section 5 which is still in 
        effect, shall be consistent with the conservation agreement.
            ``(5) Public review and comment.--The Secretary shall, 
        before giving final approval to a recovery plan, provide public 
        notice and an opportunity for public review and comment on the 
        plan, and consider all information presented during the public 
        comment period.
            ``(6) Reports.--The Secretary shall report every 2 years to 
        the Committee on Environment and Public Works of the Senate and 
        the Committee on Resources of the House of Representatives on 
        the status of efforts to develop and implement recovery plans 
        for all threatened species and endangered species.
    ``(b) Monitoring.--The Secretary, in cooperation with the States, 
shall implement a system to monitor effectively for not less than 5 
years the status of each species which has recovered to the point at 
which the measures provided pursuant to this Act are no longer 
necessary and which, pursuant to section 4, has been determined to no 
longer be a threatened species or endangered species. Nothing in this 
subsection shall prevent the Secretary from designating an appropriate 
agency to a State to conduct such monitoring, if so requested by the 
State.''; and
            (3) in subsection (d) (as redesignated by paragraph (1) of 
        this subsection), by striking ``subsection (a)'' and inserting 
        ``subsection (c)''.
    (b) Existing Recovery Plans.--Each recovery plan developed under 
the Endangered Species Act of 1973 before the date of the enactment of 
this Act shall continue in effect until revised by the Secretary in 
accordance with the amendments made by this Act.
    (c) Technical and Conforming Amendments.--Section 4 is amended--
            (1) by striking subsections (f) and (g) and redesignating 
        subsections (h) and (i) as subsections (f) and (g), 
        respectively; and
            (2) in subsection (f) (as redesignated by paragraph (1) of 
        this subsection)--
                    (A) in the first sentence by striking ``section'' 
                and inserting ``Act'';
                    (B) in paragraph (3), by striking ``of the 
                section'' and inserting ``of this section'';
                    (C) in paragraph (4), by striking ``subsection (f) 
                of this section'' and inserting ``section 5''; and
                    (D) by moving the last sentence 2 ems to the left, 
                and in such sentence by striking ``this subsection'' 
                and inserting ``this section''.

SEC. 8. INCENTIVES FOR ENDANGERED SPECIES CONSERVATION ON PRIVATE 
              PROPERTY.

    Section 14 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) is amended to read as follows:

                 ``cooperation with private landowners

    ``Sec. 14. (a) In General.--The Secretary shall seek to work 
cooperatively with private landowners in the conservation of threatened 
species and endangered species, and shall seek to minimize adverse 
social and economic consequences that may result from efforts to 
conserve such species.
    ``(b) Priorities.--In developing any recovery plan under section 5 
for the conservation of a threatened species or endangered species, the 
Secretary shall, to the maximum extent practicable, give priority to 
actions in the following order:
            ``(1) Actions to conserve species on Federal lands.
            ``(2) In cooperation with the appropriate State, actions to 
        conserve species on State lands.
            ``(3) In cooperation with the appropriate local government, 
        actions to conserve species on public lands within the 
        jurisdiction of that local government.
            ``(4) Ensuring that federally subsidized activities on 
        private lands are consistent with the objectives of the 
        recovery plan.
            ``(5) Ensuring that incentives to conserve species on 
        private lands under subsection (e) are used to the maximum 
        extent practicable.
            ``(6) Regulating activities on private lands in a manner 
        that will minimize adverse economic impacts through the use of 
        habitat conservation plans under section 10 and other 
        mechanisms as appropriate.
    ``(c) Public Outreach and Community Assistance Programs.--(1) The 
Secretary shall establish a Community Assistance Program to provide 
timely and accurate information to local governments or property 
owners.
    ``(2) Community Assistance Program employees shall be located 
within each field office of the United States Fish and Wildlife 
Service. Their duties shall include, but not be limited to--
            ``(A) providing accurate, timely information on local 
        impacts of listings, recovery planning efforts, and other 
        actions under this Act;
            ``(B) providing assistance on obtaining permits under 
        section 10 and other provisions of this Act;
            ``(C) serving as a focal point for questions, requests, 
        complaints, and suggestions from property owners and local 
        governments concerning the policies and activities of the 
        United States Fish and Wildlife Service or other Federal 
        agencies in the implementation of this Act; and
            ``(D) training Federal personnel on public outreach 
        efforts.
    ``(d) Private Landowner Cooperative Agreement Program.--(1) The 
Secretary shall establish a private landowner cooperative agreement 
program for the purpose of encouraging the management, restoration, or 
enhancement of habitats for endangered species or threatened species on 
private lands in furtherance of the purposes of this Act.
    ``(2) The Secretary may enter into written cooperative agreements 
with participating private landowners pursuant to the program 
established by this subsection.
    ``(3) A cooperative agreement with a landowner under this 
subsection shall--
            ``(A) describe the private lands which are subject to the 
        agreement, and any technical or other assistance which may be 
        provided to the landowner by the Secretary under the agreement, 
        as appropriate;
            ``(B) describe, for the lands covered by the agreement, as 
        of the date the agreement is entered into, the baseline 
        population size and habitat, of endangered species and 
        threatened species that are covered by the agreement;
            ``(C) provide the participating landowner with volunteer 
        status under the Fish and Wildlife Improvement Act of 1956 (16 
        U.S.C. 742f(c));
            ``(D) be effective for a period agreed to by the parties to 
        the agreement which is of sufficient duration to enhance the 
        conservation of the species covered by the agreement, and be 
        effective after that period until revoked by the landowner by 
        submission of written notice to the Secretary;
            ``(E) describe those measures necessary to further the 
        recovery of each species covered by the agreement through the 
        management, restoration, or creation of habitat upon which the 
        species is dependent; and
            ``(F) authorize, during or after, the period the 
        cooperative agreement is in effect, any taking that--
                    ``(i) is otherwise incidental to, and not the 
                purpose of, the carrying out of any otherwise lawful 
                activity on the lands covered by the agreement;
                    ``(ii) does not reduce for the lands covered by the 
                agreement the baseline population size or habitat of 
                the species covered by the agreement below that 
                described in the statement of the Secretary under 
                subparagraph (B); and
                    ``(iii) does not have the effect of reducing the 
                total amount of habitat available to the overall 
                population to levels below those available to the 
                population prior to the effective date of the 
                agreement.
    ``(4) For purposes of this subsection, the term `baseline 
population and habitat' means the population size and habitat of the 
species at the time the agreement is entered into.
    ``(e) Voluntary Incentives for Conserving Species on Private 
Lands.--
            ``(1) In general.--The Secretary may establish voluntary 
        incentive programs in accordance with this subsection, under 
        those programs, enter into written agreements with private 
        landowners to conserve endangered species or threatened species 
        on private lands consistent with the goals and purposes of this 
        Act.
            ``(2) Species reserve program.--(A) Subject to 
        appropriations, the Secretary may establish under this 
        subsection a species reserve program through contracts to 
        assist owners of important habitats for endangered species or 
        threatened species in conserving those habitats.
            ``(B) A contract under this paragraph shall set forth--
                    ``(i) the conservation measures and practices to be 
                carried out by the landowner during the term of the 
                contract; and
                    ``(ii) the commercial use, if any, to be permitted 
                on the land during such term.
            ``(C) A contract under this paragraph may include terms 
        under which the Secretary shall--
                    ``(i) share the cost of carrying out the 
                conservation measures and practices set forth in the 
                contract for which the Secretary determines that cost-
                sharing is appropriate and in the public interest; and
                    ``(ii) provide technical assistance to the 
                landowner.
            ``(3) Awards for endangered species conservation.--The 
        Secretary may establish under this subsection a program to 
        recognize excellence in non-Federal conservation of endangered 
        species and threatened species. Such program shall include, 
        subject to the availability of appropriations, the annual 
        presentation of 3 Conservation Excellence Awards in the amount 
        of $5,000 each to private landowners for voluntary efforts to 
        conserve species.
            ``(4) Land exchanges.--Consistent with existing law, the 
        Secretary and the Secretary of Agriculture are encouraged to 
        undertake exchanges of land within the jurisdiction of each 
        Secretary (other than units of the National Park System, the 
        National Wildlife Refuge System, National Wild and Scenic 
        Rivers, or the National Wilderness System) for private lands 
        for purposes of furthering the goals of this Act.''.

SEC. 9. STREAMLINING INTERAGENCY COOPERATION.

    (a) In General.--Within 1 year after the date of the enactment of 
this Act, the Secretary shall, in cooperation with the States, develop 
and propose regulations that will ensure timely conclusion of 
consultations under section 7 of the Endangered Species Act of 1973 (16 
U.S.C. 1536).
    (b) Consolidation; State Cooperation.--Section 7 (16 U.S.C. 1536) 
is amended--
            (1) in subsection (a)(2), in the last sentence, by 
        inserting before the period the following: ``, after soliciting 
        and fully considering scientific and commercial data concerning 
        the agency action from the appropriate State agency in each 
        affected State'';
            (2) by adding at the end of subsection (a) the following 
        new paragraph:
    ``(5)(A) Consultations and conferences under this section between 
the Secretary and a Federal agency may, if approved by the Secretary, 
encompass a number of similar or related agency actions to be 
undertaken within a particular geographical area or ecosystem.
    ``(B) The Secretary may consolidate requests for consultations or 
conferences from various Federal agencies whose proposed actions may 
affect endangered species, threatened species, or candidate species 
that are dependent on the same ecosystem.''; and
            (3) in subsection (b)(3)(A) by inserting after ``habitat.'' 
        the following new sentence: ``The Secretary shall provide an 
        opportunity for States, local governments, and other interested 
        persons to comment on the Secretary's opinion.''.

SEC. 10. IMPROVING HABITAT CONSERVATION PLANNING.

    Section 10(a) is amended by adding at the end the following new 
paragraphs:
    ``(3)(A) Habitat conservation plans developed pursuant to this 
subsection may cover multiple species or habitats. Any State, Indian 
tribe, local government, or other person may develop and submit to the 
Secretary a habitat conservation plan to conserve and manage multiple 
species or habitats, including but not limited to the following:
            ``(i) species listed as endangered or threatened under 
        section 4(b) of this Act or under State endangered or 
        threatened species conservation programs;
            ``(ii) species that are candidates for such listing; or
            ``(iii) other rare or declining species whose habitat is 
        located within the same ecosystem as is habitat of species 
        under clause (i) or (ii).
    ``(B) The Secretary, in cooperation with the affected State 
agencies and Indian tribes, shall issue standards and guidelines for 
the development and approval of habitat conservation plans under this 
subsection. Such standards and guidelines shall include the development 
of a short, simple, standardized form for private landowners whose 
permit under this section applies to land in residential, noncommercial 
use.
    ``(C) The Secretary shall approve a permit application for a 
multiple species conservation plan within 180 days of receipt of the 
application if the Secretary finds, in addition to the criteria under 
paragraph (2)(B) of this subsection, that such a plan--
            ``(i) is consistent with the conservation of the various 
        species or habitats covered by the plan, or, in the case of 
        endangered or threatened species, is consistent with the goals 
        of a recovery plan under section 5; and
            ``(ii) is consistent with any voluntary conservation 
        agreements approved under section 6.
    ``(D) Upon approval of a multiple species habitat conservation 
plan, otherwise lawful activities undertaken in accordance with the 
approved plan shall be deemed to be in compliance with the requirements 
of section 9.
    ``(E) Other Federal agencies shall manage lands under their 
jurisdiction in a manner which is consistent with the conservation 
goals of the habitat conservation plan.
    ``(F) The Secretary may provide grants or interest-free loans or 
other assistance to States, Indian tribes, local governments, or other 
persons in support of the development and implementation of habitat 
conservation plans under this subsection.
    ``(G) If the Secretary, in cooperation with the permittee under 
this subsection, decides that additional mitigation measures are 
required to prevent the extinction or further decline of a species 
covered under the terms of a habitat conservation plan, a plan 
permittee who is in compliance with such a plan shall not be required 
to bear the cost of such measures.
    ``(4)(A) If the Secretary receives a permit application under this 
subsection for an activity on private property which the Secretary, 
after consultation with the property owner, finds does not meet the 
requirements established under paragraph (2), the Secretary shall, at 
the request of the applicant, prepare an analysis of the effect of such 
finding on the use of private property in question. Such analysis shall 
not be made available to the public without the consent of the owner of 
the property.
    ``(B) For purposes of this paragraph, the term `private property' 
means real property.''.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

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

                   ``authorization of appropriations

    ``Sec. 15. (a) In General.--In addition to amounts authorized under 
subsections (b), (c), and (d), there are authorized to be 
appropriated--
            ``(1) $102,000,000 for each of fiscal years 1997 and 1998, 
        and $112,000,000 for each of fiscal years 1999 and 2000, to 
        enable the Department of the Interior to carry out its 
        responsibilities under this Act;
            ``(2) $20,000,000 for each of fiscal years 1997 and 1998, 
        and $22,000,000 for each of fiscal years 1999 and 2000, to 
        enable the Department of the Interior to carry out its 
        responsibilities under section 6;
            ``(3) $21,000,000 for each of fiscal years 1997 and 1998, 
        and $23,000,000 for each of fiscal years 1999 and 2000, to 
        enable the Department of Commerce to carry out its 
        responsibilities under this Act;
            ``(4) $2,000,000 for each of fiscal years 1997 and 1998, 
        and $2,200,000 for each of fiscal years 1999 and 2000, to 
        enable the Department of Commerce to carry out its 
        responsibilities under section 6; and
            ``(5) $31,000,000 for each of fiscal years 1997 and 1998, 
        and $34,000,000 for each of fiscal years 1999 and 2000, to 
        enable the Department of Agriculture to carry out its 
        responsibilities with respect to the enforcement of this Act 
        and the Convention which pertain to the importation or 
        exportation of plants.
    ``(b) Conservation Planning Fund.--To assist in the development of 
plans under section 6 and section 10, there are authorized to be 
appropriated to the Secretary $20,000,000, which shall be deposited 
into the Conservation Planning Fund established under section 6.
    ``(c) Private Landowner Incentives.--There are authorized to be 
appropriated to the Secretary $10,000,000 for each of fiscal years 1997 
through 2000 for implementing section 14.
    ``(d) Exemptions From Act.--There are authorized to be appropriated 
to the Secretary to assist the Secretary and the Endangered Species 
Committee in carrying out their responsibilities under section 7, 
$600,000 for each of fiscal years 1997 through 2000.''.
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