I

103D CONGRESS

2D SESSION H. R. 1490

To reauthorize and amend the Endangered Species Act of 1973 to improve

and protect the integrity of its programs for the conservation of threatened and endangered species, to ensure balanced consideration of all

impacts of decisions implementing the Act, to provide for equitable treatment of non-Federal persons and Federal agencies under the Act, to

encourage non-Federal persons to contribute voluntarily to species conservation, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 25, 1993

Mr. TAUZIN (for himself, Mr. FIELDS of Texas, Mr. LAUGHLIN, Mr. YOUNG

of Alaska, Mr. ORTIZ, Mr. DOOLEY, Mr. STENHOLM, Mr. PARKER, Mr.

ROWLAND, Mr. BREWSTER, Mr. MONTGOMERY, Mr. HALL of Texas, Mr.

EDWARDS of Texas, Mr. PAXON, Mrs. VUCANOVICH, Mr. SAM JOHNSON

of Texas, Mr. SARPALIUS, Mr. LEWIS of California, Mr. HAYES, Mr.

SMITH of Texas, Mr. BONILLA, Mr. CUNNINGHAM, Mr. HANSEN, Mr.

COLLINS of Georgia, and Mr. BROOKS) introduced the following bill;

which was referred to the Committee on Merchant Marine and Fisheries

MAY 20, 1993

Additional sponsors: Mr. HERGER, Mr. EMERSON, Mr. CRAPO, Mr. POMBO,

Mr. DOOLITTLE, Mr. COMBEST, Mr. CONDIT, Mr. BARCIA, Mr. SMITH

of Oregon, Mr. COBLE, Mr. THOMAS of California, Mr. DORNAN, Mr.

BAKER of Louisiana, Mr. THOMAS of Wyoming, Mr. BOEHNER, Mr.

PENNY, Mr. BARTON of Texas, Mr. STUMP, and Mr. CALLAHAN

JULY 23, 1993

Additional sponsors: Mr. WILSON, Mr. TAYLOR of Mississippi, Mr. MCHUGH,

Mr. MCCRERY, Mr. LIVINGSTON, Ms. LONG, Mr. SUNDQUIST, Mr.

ARMEY, Mr. DUNCAN, Mr. BARTLETT of Maryland, Mr. MYERS of Indiana, Mr. NUSSLE, Mr. SKEEN, Mr. MCKEON, Mr. QUILLEN, Mr. TAYLOR

of North Carolina, Mr. TEJEDA, Mr. BARLOW, Mr. FIELDS of Louisiana,

Mr. BURTON of Indiana, Mr. BISHOP, Mr. CALVERT, Mr. BATEMAN, Mr.

BLILEY, Mr. DELAY, Mr. HUNTER, Mr. INHOFE, Mr. OXLEY, Mr. PACKARD, Mr. ROBERTS, Mr. ROYCE, Mr. ALLARD, and Mr. MOORHEAD

FEBRUARY 16, 1994

Additional sponsors: Mr. HUTCHINSON, Mr. MCCANDLESS, Mr. DICKEY, Mr.
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HEFLEY, Mr. GALLEGLY, Mr. MCINNIS, Mr. ROGERS, Mr. KYL, Mr.

CLYBURN, Mr. HOUGHTON, Mr. CANADY, Mr. SCHAEFER, Mr. BACHUS

of Alabama, Mr. CAMP, Mr. SOLOMON, Mr. CRANE, Mr. LIGHTFOOT, and

Mr. BARRETT of Nebraska

Deleted sponsor: Mr. FIELDS of Louisiana (added June 28, 1993; deleted

September 13, 1993)

A BILL

To reauthorize and amend the Endangered Species Act of

1973 to improve and protect the integrity of its programs

for the conservation of threatened and endangered species, to ensure balanced consideration of all impacts of

decisions implementing the Act, to provide for equitable

treatment of non-Federal persons and Federal agencies

under the Act, to encourage non-Federal persons to contribute voluntarily to species conservation, and for other

purposes.

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 Species

5 Act Procedural Reform Amendments of 1993’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The contents of this Act are as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Amendment of Endangered Species Act of 1973.

TITLE I—ENSURING THE INTEGRITY OF THE LISTING, CRITICAL

HABITAT DESIGNATION, AND CONSULTATION PROCESSES

Sec. 101. Peer review.

Sec. 102. Consideration of State, local, and foreign government activities.

Sec. 103. Priority for species conservation.
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Sec. 104. Improving data collection and analysis.

Sec. 105. Economic impacts of designating critical habitat.

Sec. 106. Equal access to judicial review.

Sec. 107. Consultation and cooperation.

Sec. 108. Establishing consultation procedures with respect to private actions.

TITLE II—PROVIDING SIGNIFICANCE TO THE RECOVERY

PLANNING PROCESS

Sec. 201. Ensuring preparation and use of timely, comprehensive, and effective

recovery plans.

Sec. 202. Conforming amendments.

TITLE III—ENSURING THAT THE COMPLIANCE PROCEDURES

AND STANDARDS FOR NON-FEDERAL PERSONS ARE NOT MORE

BURDENSOME THAN THOSE APPLICABLE TO FEDERAL AGENCIES

Sec. 301. Defining the take prohibition in accordance with the intent of Congress.

Sec. 302. Clarifying the application of take prohibitions.

Sec. 303. Providing for exemptions of private actions and relieving payment requirements.

Sec. 304. Authorizing issuance of general permits.

Sec. 305. Improving the conservation planning process.

Sec. 306. Compensating property owners for diminished value.

TITLE IV—PROVIDING FOR HABITAT CONSERVATION INCENTIVE

PROGRAMS

Sec. 401. Cooperative Management Agreements.

Sec. 402. Habitat reserve grants.

Sec. 403. Conforming amendments.

TITLE V—REAUTHORIZATION AND OTHER AMENDMENTS

Sec. 501. Guidance for the release of experimental populations.

Sec. 502. Recognition of captive propagation as means of recovery.

Sec. 503. Clarifying the application of prohibitions to threatened species.

Sec. 504. Citizen suits.

Sec. 505. Increased authorizations of appropriations.

1 SEC. 3. AMENDMENT OF ENDANGERED SPECIES ACT OF

2 1973.

3 Except as otherwise expressly provided, whenever in

4 this Act an amendment or repeal is expressed in terms

5 of an amendment to, or repeal of, a section or other provi6 sion, the reference shall be considered to be made to a
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1 section or other provision of the Endangered Species Act

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

3 TITLE I—ENSURING THE INTEG4 RITY OF THE LISTING, CRITI5 CAL HABITAT DESIGNATION,

6 AND CONSULTATION PROC7 ESSES

8 SEC. 101. PEER REVIEW.

9 Section 4 (16 U.S.C. 1533) is amended by adding

10 at the end the following:

11 ‘‘(j) PEER REVIEW REQUIREMENT.—

12 ‘‘(1) REQUIREMENT.—If an interested person

13 submits, in accordance with paragraph (2), a request

14 for peer review of an action described in paragraph

15 (3), the Secretary or the Secretary of Commerce

16 shall—

17 ‘‘(A) appoint, from among individuals rec18 ommended by the National Academy of

19 Sciences, 3 qualified individuals who shall re20 view all scientific and commercial data on which

21 the action is based, and all analyses of that

22 data performed for the purposes of that action;

23 and

24 ‘‘(B) consider and weigh carefully the re25 sults of that review.
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1 ‘‘(2) REQUEST FOR PEER REVIEW.—Any inter2 ested person may request the Secretary to conduct

3 peer review under paragraph (1)(A) with respect to

4 an action described in paragraph (3) by submitting

5 the request to the Secretary in the 90-day period be6 ginning on the date of publication of notice of pro7 posed rulemaking for the action.

8 ‘‘(3) COVERED ACTIONS.—The actions referred

9 to in paragraphs (1) and (2) are the following:

10 ‘‘(A) Determination that a species is an

11 endangered species or threatened species under

12 subsection (a).

13 ‘‘(B) Designation, or revision of designa14 tion, of critical habitat for an endangered spe15 cies or threatened species under subsection (a).

16 ‘‘(4) PUBLICATION WITH FINAL RULE.—The

17 Secretary shall publish with any final rule imple18 menting an activity described in paragraph (3) a

19 summary of the results of the peer review conducted

20 under this subsection with respect to that rule and

21 the response of the Secretary to those results.

22 ‘‘(5) QUALIFIED PERSON DEFINED.—For pur23 poses of this section, the term ‘qualified person’

24 means an individual with appropriate knowledge,

25 training, or experience who is not employed by,
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1 under contract to, or receiving or using a grant or

2 other financial assistance from the Secretary or the

3 Secretary of Commerce.’’.

4 SEC. 102. CONSIDERATION OF STATE, LOCAL, AND FOREIGN

5 GOVERNMENT ACTIVITIES.

6 Section 4(a)(1)(D) (16 U.S.C. 1533(a)(1)(D)) is

7 amended by inserting after ‘‘existing’’ the following: ‘‘Fed8 eral, State, and local government and international’’.

9 SEC. 103. PRIORITY FOR SPECIES CONSERVATION.

10 Section 4(f) (16 U.S.C. 1533(f)) is amended to read

11 as follows:

12 ‘‘(f) PRIORITIES IN DETERMINING AND CONSIDER13 ING ENDANGERED SPECIES AND THREATENED SPE14 CIES.—The Secretary may determine and conserve endan15 gered species and threatened species under this Act in the

16 following order of priority:

17 ‘‘(1) Single species genus.

18 ‘‘(2) Species.

19 ‘‘(3) Subspecies.

20 ‘‘(4) Distinct population segment.’’.

21 SEC. 104. IMPROVING DATA COLLECTION AND ANALYSIS.

22 Section 4(b) (16 U.S.C. 1533(b)) is amended by add23 ing at the end of the subsection the following:

24 ‘‘(9)(A) The best scientific and commercial data

25 available required by paragraph (1) or paragraph (2)
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1 shall be, to the maximum extent feasible, data that

2 are verified by field testing.

3 ‘‘(B) The Secretary shall identify and publish in

4 the Federal Register with a proposed rule under

5 subsection (a)(1) or subsection (a)(3) a description

6 of—

7 ‘‘(i) any gaps in the data to be considered

8 in making the determination under the sub9 section to which the proposed rule relates;

10 ‘‘(ii) data that are necessary to make the

11 determination and that can be collected within

12 the period available for making the determina13 tion; and

14 ‘‘(iii) data that are necessary to ensure the

15 continued viability of the determination, and

16 the deadline or deadlines for collecting that

17 data.

18 ‘‘(C) In making a determination pursuant to

19 subsection (a)(1) or subsection (a)(3), the Secretary

20 shall collect and consider the data identified and de21 scribed pursuant to subparagraph (B)(ii).

22 ‘‘(D) The Secretary shall identify and include

23 with a final rule published under subsection (a)(1)

24 or subsection (a)(3) a description of—
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1 ‘‘(i) any data that have not been collected

2 and considered in the determination to which

3 the rule relates and that are necessary to en4 sure the continued scientific integrity of the de5 termination;

6 ‘‘(ii) deadlines by which the Secretary shall

7 collect and consider the data in accordance with

8 subparagraph (E).

9 ‘‘(E) Not later than the deadline published by

10 the Secretary pursuant to subparagraph (D)(ii), the

11 Secretary shall—

12 ‘‘(i) collect the data;

13 ‘‘(ii) provide an opportunity for public re14 view and comment on the data;

15 ‘‘(iii) consider the data after that review

16 and comment; and

17 ‘‘(iv) publish in the Federal Register the

18 results of that consideration and a description

19 of and schedule for any actions warranted by

20 the data.’’.

21 SEC. 105. ECONOMIC IMPACTS OF DESIGNATING CRITICAL

22 HABITAT.

23 Section 4(b) (16 U.S.C. 1533(b)), as amended by this

24 Act, is further amended—
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1 (1) by amending paragraph (2) to read as fol2 lows:

3 ‘‘(2)(A) The Secretary shall designate critical

4 habitat, and make revisions thereto, under sub5 section (a)(3)—

6 ‘‘(i) on the basis of the best scientific and

7 commercial data available; and

8 ‘‘(ii) after taking into consideration the cu9 mulative economic impact and any other rel10 evant impact of designating any particular area

11 as critical habitat and the determination pursu12 ant to subsection (a)(1).

13 ‘‘(B) The Secretary shall exclude any area from

14 designation as critical habitat if the Secretary deter15 mines that the benefits of such exclusion outweigh

16 the benefits of designating the area as critical habi17 tat, unless the Secretary determines, based on the

18 best scientific and commercial data available, that

19 the failure to designate the area as critical habitat

20 will result in the extinction of the species con21 cerned.’’; and

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

23 ‘‘(10) The proposed regulation relating to any des24 ignation pursuant to subsection (a)(3) shall describe in de25 tail the economic impacts and other relevant impacts that
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1 are to be considered, and the benefits that are to be

2 weighed, in designating an area as critical habitat. The

3 description and documentation shall be submitted to the

4 Bureau of Labor Statistics of the Department of Com5 merce. The Bureau shall submit written comments during

6 the comment period on the proposed regulation. The Sec7 retary shall respond separately and fully to each comment

8 in the final regulation.’’.

9 SEC. 106. EQUAL ACCESS TO JUDICIAL REVIEW.

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

11 amended by striking clause (ii) and inserting the following:

12 ‘‘(ii) Any finding described in subparagraph (A) or

13 subparagraph (B) shall be subject to judicial review.’’.

14 SEC. 107. CONSULTATION AND COOPERATION.

15 (a) CONSULTATION STANDARDS AND PROCE16 DURES.—Section 7 (16 U.S.C. 1536) is amended—

17 (1) in subsection (a)(2) in the first sentence by

18 striking ‘‘or result in the destruction or adverse

19 modification of habitat of such species which is de20 termined by the Secretary, after consultation as ap21 propriate with affected States, to be critical,’’ and

22 inserting ‘‘or destroy or adversely modify any habi23 tat that is designated by the Secretary as critical

24 habitat of such a species in a manner that is likely
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1 to jeopardize the continued existence of the spe2 cies,’’;

3 (2) in subsection (a)(4) by striking ‘‘or result in

4 the destruction or adverse modification of critical

5 habitat proposed to be designated for such species’’

6 and inserting ‘‘or to destroy or adversely modify any

7 habitat that is proposed to be designated by the Sec8 retary as critical habitat of such a species in a man9 ner that is likely to jeopardize the continued exist10 ence of the species’’;

11 (3) by adding at the end of subsection (a) the

12 following:

13 ‘‘(5) Consultation and conferencing under para14 graphs (2) and (4) are not required for any agency

15 action that is consistent with—

16 ‘‘(A) actions provided for in a final recov17 ery plan developed under section 5; or

18 ‘‘(B) requirements in a Cooperative Man19 agement Agreement in effect under section

20 6(b).

21 ‘‘(6) An agency action shall not be a taking

22 prohibited by this Act or any regulation issued under

23 this Act if the action is consistent with—

24 ‘‘(A) actions provided for in a final recov25 ery plan developed under section 5; or
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1 ‘‘(B) requirements in a Cooperative Man2 agement Agreement in effect under section

3 6(b).’’; and

4 (4) in subsection (b)(3)(A) by striking the sec5 ond sentence and inserting the following: ‘‘If jeop6 ardy is found the Secretary shall suggest reasonable

7 and prudent alternatives (considering those reason8 able and prudent alternatives undertaken by other

9 Federal agencies) that are consistent with subsection

10 (a)(2) and that impose the least socioeconomic

11 costs.’’.

12 (b) SCOPE OF CONSULTATION FOR CERTAIN FED13 ERAL AGENCY ACTIONS.—Section 7(a) (16 U.S.C.

14 1536(a)) is further amended by adding after paragraph

15 (6) (as added by subsection (a) of this section) the follow16 ing:

17 ‘‘(7)(A) Consultation under paragraphs (2) and (3)

18 regarding an agency action described in subparagraph (B)

19 shall be limited to consideration of the direct effects that

20 result from the maintenance or modification that com21 prises the action.

22 ‘‘(B) A Federal agency action referred to in subpara23 graph (A) is a Federal agency action that consists solely

24 of—
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1 ‘‘(i) routine maintenance to an existing Federal,

2 State, or private project or facility; or

3 ‘‘(ii) a modification required by any Federal,

4 State, or local government agency for safety pur5 poses.’’.

6 (c) CLARIFICATION OF FEDERAL AGENCY RESPON7 SIBILITIES.—Section 7(a) (16 U.S.C. 1536(a)) is further

8 amended—

9 (1) in paragraph (2) in the second sentence by

10 inserting before the period the following: ‘‘, and

11 shall, in addition to considering other obligations

12 and responsibilities under statutes, treaties, inter13 state compacts, and contractual agreements, con14 sider the opinion and any reasonable and prudent al15 ternatives developed pursuant to subsection (b)(3)’’;

16 and

17 (2) by adding after paragraph (7) (as added by

18 subsection (b) of this section) the following:

19 ‘‘(8) If the head of a Federal agency determines that

20 compliance with paragraph (2) is not consistent with other

21 obligations and responsibilities of the agency under stat22 utes, treaties, interstate compacts, and contractual agree23 ments, the agency head shall—
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1 ‘‘(A) determine what pending action would have

2 been authorized, funded, or carried out except for

3 subsection (a)(2); and

4 ‘‘(B) provide to the applicant, if any—

5 ‘‘(i) a written statement summarizing the

6 information on which the determination is

7 based, and

8 ‘‘(ii) a notice of the opportunity for an ex9 emption under subsection (e).’’.

10 (d) PARTICIPATION IN CONSULTATIONS.—Section 7

11 (16 U.S.C. 1536) is further amended—

12 (1) in subsection (a)(3) by inserting ‘‘with the

13 involvement of,’’ after ‘‘at the request of,’’;

14 (2) in subsection (a)(4) by inserting after ‘‘con15 fer with the Secretary’’ the following: ‘‘and any pro16 spective permit or license applicant’’; and

17 (3) in subsection (b)(1) by adding at the end

18 the following:

19 ‘‘(C) In any agency action involving a prospective per20 mit or license applicant, the prospective applicant shall

21 have the right to participate fully in any consultation

22 under this section regarding the action.

23 ‘‘(D) A person that is a party to a written contract

24 with a Federal agency to purchase a product or service

25 that is provided as a result of a Federal agency action
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1 is entitled to participate in any consultation or conference

2 under this paragraph with respect to the agency action.’’.

3 SEC. 108. ESTABLISHING CONSULTATION PROCEDURES

4 WITH RESPECT TO PRIVATE ACTIONS.

5 (a) ESTABLISHMENT OF PROCEDURES.—Section 7

6 (16 U.S.C. 1536) is amended by adding at the end the

7 following:

8 ‘‘(q) CONSULTATIONS REGARDING PRIVATE AC9 TIONS.—

10 ‘‘(1) INITIATION OF CONSULTATION.—A non11 Federal person may initiate a consultation with the

12 Secretary concerning any action of the person that

13 may affect a species that is determined by the Sec14 retary under section 4 to be an endangered species

15 or threatened species.

16 ‘‘(2) CONSULTATION.—If a person initiates a

17 consultation under this subsection, the Secretary

18 shall—

19 ‘‘(A) consult with the person; and

20 ‘‘(B) conclude the consultation not later

21 than 90 days after the date on which it is initi22 ated by the person, or on another date on which

23 the Secretary and the person agree.

24 ‘‘(3) WRITTEN OPINION.—Upon the conclusion

25 of a consultation under this subsection, the Sec-
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1 retary shall promptly provide to the person that ini2 tiated the consultation a written opinion that de3 scribes in detail—

4 ‘‘(A) whether the action that is the subject

5 of the consultation affects endangered species

6 and threatened species, including a description

7 of the impact of any taking of the species that

8 is incidental to the action; and

9 ‘‘(B) a summary of the information on

10 which the opinion is based.

11 ‘‘(4) REASONABLE AND PRUDENT ALTER12 NATIVES; TERMS AND CONDITIONS FOR ACTION.—

13 ‘‘(A) A written opinion of the Secretary

14 under paragraph (3) shall set forth the matters

15 described in subparagraph (B) if the Secretary

16 determines through consultation under this sub17 section that an action of a person is likely to—

18 ‘‘(i) jeopardize the continued existence

19 of any endangered species or threatened

20 species;

21 ‘‘(ii) destroy or adversely modify any

22 habitat that is designated by the Secretary

23 as critical habitat of such a species in a

24 manner that is likely to jeopardize the con25 tinued existence of the species; or
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1 ‘‘(iii) adversely affect activities under

2 a habitat conservation plan under section

3 10.

4 ‘‘(B) The matters referred to in subpara5 graph (A) are the following:

6 ‘‘(i) Reasonable and prudent alter7 natives that the Secretary believes would

8 not violate this Act and are necessary to

9 minimize the impact of the action on en10 dangered species and threatened species.

11 ‘‘(ii) Terms and conditions with which

12 the person shall comply in implementing

13 the measures specified in clause (i).

14 ‘‘(5) TREATMENT OF TAKING IN ACCORDANCE

15 WITH WRITTEN OPINION.—Notwithstanding sections

16 4(d) and 9(a)(1) (B) and (C) of this Act, sections

17 101 and 102 of the Marine Mammal Protection Act

18 of 1972, or any regulation promulgated to imple19 ment any of those sections, a taking of a species in

20 the course of an action of a person that is the sub21 ject of a written opinion provided to the person by

22 the Secretary under paragraph (3) shall not be con23 sidered to be a prohibited taking if the taking—
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1 ‘‘(A) results from the person implementing

2 an alternative included in the opinion pursuant

3 to paragraph (4)(B)(i); or

4 ‘‘(B) is in compliance with the terms and

5 conditions included in the opinion pursuant to

6 paragraph (4)(B)(ii).’’.

7 (b) NON-FEDERAL PERSON DEFINED.—Section 3

8 (16 U.S.C. 1532) is amended by inserting after paragraph

9 (10) the following:

10 ‘‘(11) The term ‘non-Federal person’ means a

11 person other than an officer, employee, agent, de12 partment, or instrumentality of—

13 ‘‘(A) the Federal Government; or

14 ‘‘(B) a foreign government.’’.

15 TITLE II—PROVIDING SIGNIFI16 CANCE TO THE RECOVERY

17 PLANNING PROCESS

18 SEC. 201. ENSURING PREPARATION AND USE OF TIMELY,

19 COMPREHENSIVE, AND EFFECTIVE RECOV20 ERY PLANS.

21 (a) IN GENERAL.—The Act is amended—

22 (1) in section 3 (16 U.S.C. 1532) by redesig23 nating paragraphs (15) through (21) as paragraphs

24 (16) through (22), respectively, and by inserting

25 after paragraph (14) the following:
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1 ‘‘(15) The term ‘recovery plan’ means a plan devel2 oped under section 5.’’;

3 (2) in section 4(h)(4) (16 U.S.C. 1533(h)(4))

4 by striking ‘‘subsection (f) of this section’’ and in5 serting ‘‘section 5’’;

6 (3) by redesignating section 5 (16 U.S.C. 1534)

7 as section 5A; and

8 (4) by inserting after section 4 the following:

9 ‘‘RECOVERY PLANS

10 ‘‘SEC. 5. (a) IN GENERAL.—The Secretary shall de11 velop and implement a plan for the conservation and sur12 vival of each species determined to be an endangered spe13 cies or a threatened species pursuant to section 4, unless

14 the Secretary finds upon completion of assessments re15 quired by this section that a plan is not necessary to pro16 mote the conservation and survival of the species. If the

17 Secretary finds that a recovery plan is not necessary, the

18 Secretary shall prepare and publish in the Federal Reg19 ister findings stating the basis upon which the determina20 tion is made.

21 ‘‘(b) PRIORITY.—In the development and implemen22 tation of a recovery plan for a species, the Secretary shall,

23 to the maximum extent practicable, give priority to—

24 ‘‘(1) the development of an integrated recovery

25 plan for two or more endangered species or threat26 ened species that are likely to benefit from an inte-
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1 grated recovery plan, that addresses the conservation

2 and survival needs of those species;

3 ‘‘(2) those geographic areas where conflicts be4 tween the conservation of species and development

5 projects or other forms of economic activity exist or

6 are likely to exist; and

7 ‘‘(3) the implementation of recovery measures

8 that have the least socioeconomic costs.

9 ‘‘(c) RECOVERY TEAM.—For each recovery plan the

10 Secretary shall—

11 ‘‘(1) appoint a recovery team consisting of—

12 ‘‘(A) appropriate biologists, economists,

13 and land use specialists from the department of

14 the Secretary, other Federal agencies, and the

15 private sector;

16 ‘‘(B) a representative from each affected

17 State nominated by the Governor of the State;

18 and

19 ‘‘(C) representatives nominated by affected

20 local governments; and

21 ‘‘(2) provide technical assistance to the recovery

22 team.

23 ‘‘(d) RECOVERY TEAM ASSESSMENTS.—A recovery

24 team shall make the following assessments with respect

25 to development of a recovery plan for a species:
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1 ‘‘(1) BIOLOGICAL.—An assessment of—

2 ‘‘(A) the biological considerations nec3 essary to achieve the purposes of this Act;

4 ‘‘(B) the biological significance of the spe5 cies;

6 ‘‘(C) the species’ precise geographical

7 range;

8 ‘‘(D) the species’ current population;

9 ‘‘(E) the species’ population trend;

10 ‘‘(F) the technical practicality of recover11 ing the species;

12 ‘‘(G) potential conservation measures de13 signed to recover the species or to reduce risks

14 to survival of the species;

15 ‘‘(H) any captive breeding programs that

16 would contribute to the goals of conservation of

17 the species; and

18 ‘‘(I) whether conservation measures will re19 quire any releases of experimental populations

20 outside the current range of the species and, if

21 so, identification of candidate geographical

22 areas for the releases.

23 ‘‘(2) ECONOMIC.—An assessment of—

24 ‘‘(A) the socioeconomic impacts that may

25 result from the listing of the species and poten-
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1 tial conservation measures identified pursuant

2 to this subsection, including a description of the

3 direct and indirect costs to the public and pri4 vate sectors;

5 ‘‘(B) the effects on employment; and

6 ‘‘(C) the impacts on the use and value of

7 property.

8 ‘‘(3) INTERGOVERNMENTAL.—An assessment of

9 the impact of the listing of the species and potential

10 conservation measures identified pursuant to this

11 subsection on State and local land use laws, con12 servation measures, and water allocation policy of

13 affected States.

14 ‘‘(e) RECOVERY TEAM REPORTS.—A recovery team

15 shall report its assessments under subsection (d) to the

16 Secretary. The Secretary shall use the assessments as a

17 baseline in the formation and development of a recovery

18 plan, including alternatives developed pursuant to sub19 section (f).

20 ‘‘(f) ALTERNATIVES.—The Secretary, based on the

21 assessments under subsection (d), shall include in each

22 draft recovery plan alternative strategies for the recovery

23 and survival of the species. Alternative strategies shall

24 range from strategies that do not require Federal manage25 ment to strategies that may require intensive Federal
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1 management. Each alternative strategy shall recommend

2 a balance of goals and requirements pursuant to this Act,

3 and shall contain—

4 ‘‘(1) an estimate of the risks to the survival and

5 recovery of the species that the alternative would en6 tail;

7 ‘‘(2) a description of the direct and indirect

8 costs to the public and private sectors, including ef9 fects on employment, that may result from the alter10 native;

11 ‘‘(3) a description of any social dislocation that

12 may result from the alternative;

13 ‘‘(4) an analysis of any impacts the alternative

14 would have on the use and value of property;

15 ‘‘(5) a description of site-specific management

16 actions necessary to achieve the goals of the alter17 native;

18 ‘‘(6) a description of any captive breeding pro19 gram that would contribute to the goals of the alter20 native;

21 ‘‘(7) a discussion of whether the alternative

22 would require any releases of experimental popu23 lations outside the current range of the species and,

24 if so, identification of candidate geographical areas

25 for the releases;
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1 ‘‘(8) a clear differentiation between—

2 ‘‘(A) those actions recommended generally

3 for Federal agencies to conserve the species

4 pursuant to section 7(a)(1),

5 ‘‘(B) those actions recommended for Fed6 eral agency actions that are the subject of con7 sultation pursuant to section 7(a)(2), and

8 ‘‘(C) those actions recommended to be

9 taken by any person to avoid any take of the

10 species pursuant to section 4(d) or 9(a)(1);

11 ‘‘(9) objective, measurable criteria for recovery,

12 including a population level target, that, if met,

13 would result in a determination, pursuant to section

14 4, that the species be removed from a list published

15 pursuant to section 4(c)(1); and

16 ‘‘(10) estimates of the time and costs required

17 to carry out those actions needed to achieve the

18 goals of the alternative and to achieve intermediate

19 steps to the goals.

20 ‘‘(g) PROCEDURES.—

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (2), for each species for which the Secretary

23 is required to develop a recovery plan under sub24 section (a), the Secretary shall—
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1 ‘‘(A) publish a draft recovery plan by not

2 later than one year after the date of the publi3 cation under section 4(b)(6) of the final regula4 tion to implement that determination; and

5 ‘‘(B) issue a final recovery plan by not

6 later than 18 months after that date of publica7 tion.

8 ‘‘(2) EXPEDITED ISSUANCE.—For any species

9 that was determined by the Secretary under section

10 4 to be an endangered species or threatened species

11 before January 1, 1993, and for which a final recov12 ery plan was not published before that date, the Sec13 retary shall—

14 ‘‘(A)(i) publish a draft recovery plan by

15 not later than 18 months after the date of the

16 enactment of the Endangered Species Act Pro17 cedural Reform Amendments of 1993; and

18 ‘‘(ii) publish a final recovery plan by not

19 later than 2 years after the date of enactment;

20 or

21 ‘‘(B) publish in the Federal Register a de22 termination that a recovery plan is not required

23 under this section, by not later than 18 months

24 after that date of enactment.
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1 ‘‘(3) PUBLICATION AND PUBLIC COMMENT.—

2 The Secretary shall—

3 ‘‘(A) publish in the Federal Register—

4 ‘‘(i) each draft recovery plan;

5 ‘‘(ii) each final recovery plan; and

6 ‘‘(iii) each revision proposed to be

7 made to a draft recovery plan or final re8 covery plan;

9 ‘‘(B) publish with each draft recovery plan,

10 final recovery plan, and proposed revision a re11 quest for the submission of comments on the

12 plan or revision; and

13 ‘‘(C) publish a summary of each draft and

14 final recovery plan in a newspaper of general

15 circulation in each affected county or parish.

16 ‘‘(4) HEARINGS.—The Secretary shall hold a

17 public hearing on each draft recovery plan and final

18 recovery plan in each county or parish to which the

19 plan applies.

20 ‘‘(5) SECRETARY’S CONSIDERATION OF COM21 MENTS.—Prior to any decision to adopt a final re22 covery plan, the Secretary shall consider and weigh

23 carefully all information presented during each hear24 ing held pursuant to paragraph (4) or received in re-
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1 sponse to requests for comments published under

2 section (3)(B) with respect to the plan.

3 ‘‘(h) PUBLICATION OF REASONS FOR SELECTING AL4 TERNATIVES AND RESPONSE TO COMMENTS AND TESTI5 MONY.—The Secretary shall publish in the Federal Reg6 ister with a final recovery plan a detailed discussion of—

7 ‘‘(1) the reasons for the selection of the species

8 recovery and survival strategies included in the plan;

9 ‘‘(2) for each alternative strategy included in a

10 draft recovery plan under subsection (f) that is not

11 selected for the final recovery plan, the reasons the

12 alternative was not selected; and

13 ‘‘(3) the response of the Secretary to all infor14 mation referred to in subsection (g)(5).

15 ‘‘(i) ADDITIONAL SERVICES.—The Secretary, in de16 veloping and implementing recovery plans, may use the

17 services of appropriate public and private agencies and in18 stitutions and of other qualified persons.

19 ‘‘(j) RELATIONSHIP TO OTHER LAW.—The Federal

20 Advisory Committee Act does not apply to recovery teams

21 under this section.

22 ‘‘(k) REPORT.—The Secretary shall report every 2

23 years to the Committee on Environment and Public Works

24 of the Senate and the Committee on Merchant Marine and

25 Fisheries of the House of Representatives on the status
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1 of efforts to develop and implement recovery plans for all

2 species included in a list that is published pursuant to sec3 tion 4(c)(1) and on the status of all species for which such

4 plans have been developed.

5 ‘‘(l) REVIEW OF RECOVERY PLANS.—The Secretary

6 shall—

7 ‘‘(1) review each recovery plan before the end of

8 every 5-year period after the publication of the re9 covery plan; and

10 ‘‘(2) determine whether the plan satisfies the

11 purposes of this section.’’.

12 (b) EXISTING RECOVERY PLANS.—

13 (1) IN GENERAL.—Except as provided in para14 graphs (2), (3), and (4) a final recovery plan issued

15 under section 4(f) of the Endangered Species Act of

16 1973 Act before January 1, 1993, shall continue in

17 effect as if this section were not enacted.

18 (2) REVISIONS.—The amendment made by sub19 section (a) shall apply to a revision to a recovery

20 plan referred to in paragraph (1).

21 (3) REVIEWS.—A final recovery plan issued be22 fore the date of the enactment of this Act shall be

23 reviewed under section 5(l) of the Endangered Spe24 cies Act of 1973 (as added by subsection (a)) on the
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1 day the plan would have been required to be re2 viewed if—

3 (A) section 5(l) was in effect on the day

4 the plan was issued; and

5 (B) the plan was reviewed at the end of

6 each 5-year period under section 5(l).

7 (4) PLANS.—A final recovery plan issued by the

8 National Marine Fisheries Service before January 1,

9 1993, shall be reissued in accordance with section 5

10 of the Endangered Species Act of 1973 (as added by

11 subsection (a)).

12 SEC. 202. CONFORMING AMENDMENTS.

13 ‘‘(a) SECTION HEADING.—Section 5 (16 U.S.C.

14 1534) is further amended by amending the section head15 ing to read as follows: ‘‘RECOVERY PLANS’’.

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

17 for the Act is amended by amending the entry for section

18 5 to read as follows:

‘‘Sec. 5. Recovery plans.’’.
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1 TITLE III—ENSURING THAT THE

2 COMPLIANCE PROCEDURES

3 AND STANDARDS FOR NON4 FEDERAL PERSONS ARE NOT

5 MORE BURDENSOME THAN

6 THOSE APPLICABLE TO FED7 ERAL AGENCIES

8 SEC. 301. DEFINING THE TAKE PROHIBITION IN ACCORD9 ANCE WITH THE INTENT OF CONGRESS.

10 Section 3(20), as redesignated by section 201(a)(1)

11 of this Act, is amended to read as follows:

12 ‘‘(20) The term ‘take’ means—

13 ‘‘(A) to pursue, hunt, shoot, wound, kill,

14 trap, capture, or collect;

15 ‘‘(B) to attempt to commit an act de16 scribed in subparagraph (A); or

17 ‘‘(C) to harass or harm a member of a spe18 cies to which section 9(a)(1)(B) or (C) ap19 plies—

20 ‘‘(i) in a manner that causes injury to

21 that member; or

22 ‘‘(ii) in an attempt to cause the in23 jury.’’.
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1 SEC. 302. CLARIFYING THE APPLICATION OF TAKE PROHI2 BITIONS.

3 Section 9(a) (16 U.S.C. 1538(a)) is amended—

4 (1) in paragraph (1) by striking ‘‘Except as

5 provided in sections 6(g)(2) and 10 of this Act,’’ and

6 inserting ‘‘Except as provided in paragraph (3) and

7 sections 6(g)(2) and 10,’’; and

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

9 ‘‘(3) Any activity of a non-Federal person is deemed

10 not to constitute a take of a species if the activity—

11 ‘‘(A) is consistent with the requirements of a

12 recovery plan under section 5; or

13 ‘‘(B) complies with the requirements of a Coop14 erative Management Agreement in effect under sec15 tion 6(b).

16 SEC. 303. PROVIDING FOR EXEMPTIONS OF PRIVATE AC17 TIONS AND RELIEVING PAYMENT REQUIRE18 MENTS.

19 (a) EXEMPTION OF NON-FEDERAL PERSONS.—Sec20 tion 7 (16 U.S.C. 1536), as amended by this Act, is fur21 ther amended—

22 (1) by adding after subsection (q) (as added by

23 section 108) the following:

24 ‘‘(r) EXEMPTION FOR NON-FEDERAL PERSONS.—

25 ‘‘(1) APPLICATION FOR EXEMPTION.—A non26 Federal person (other than an officer, employee,
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1 agent, department, or instrumentality of a State,

2 municipality, or political subdivision of a State, and

3 a State, municipality, or subdivision of a State) may

4 apply to the Secretary for an exemption by the Com5 mittee of an action of the person if the person—

6 ‘‘(A)(i) receives a written opinion of the

7 Secretary under subsection (q)(3) with respect

8 to the action, that includes alternatives and

9 terms and conditions described in subsections

10 (q)(4)(B) (i) and (ii), respectively, and

11 ‘‘(ii) does not accept those alternatives and

12 terms and conditions;

13 ‘‘(B) is denied a permit for the action

14 under section 10(a)(1); or

15 ‘‘(C) has a permit revoked under section

16 (10)(a)(2)(G).

17 ‘‘(2) CONSIDERATION OF APPLICATION.—The

18 Secretary may accept or deny an exemption applica19 tion, and the Committee may grant or deny an ex20 emption, in accordance with the relevant or applica21 ble provisions of subsections (g), (h), and (l) and

22 with regulations promulgated by the Secretary.

23 ‘‘(3) TREATMENT OF TAKING PURSUANT TO AN

24 EXEMPTION.—Notwithstanding sections 4(d) and

25 9(a)(1) (B) and (C) of this Act, sections 101 and
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1 102 of the Marine Mammal Protection Act of 1972,

2 or any regulation promulgated to implement any of

3 those sections, any action for which an exemption is

4 granted under this subsection shall not be consid5 ered to be a taking of any endangered species or

6 threatened species with respect to any activity which

7 is necessary to carry out that action.’’;

8 (2) in subsection (m) by striking ‘‘under sub9 section (h) of this section granting an exemption

10 from the requirements of subsection (a)(2) of this

11 section’’ and inserting ‘‘under subsection (h) or (r)

12 granting an exemption for an agency action or an

13 activity of a person’’; and

14 (3) in subsection (n) by inserting ‘‘or activity of

15 a person’’ after ‘‘agency action’’ each place it ap16 pears.

17 (b) PAYMENT OF COSTS OF COMPLYING WITH EN18 DANGERED SPECIES COMMITTEE ORDERS.—Section 7(l)

19 (16 U.S.C. 1536(l)) is amended—

20 (1) in paragraph (1) by striking ‘‘and paid for’’;

21 and

22 (2) in paragraph (2)—

23 (A) in the second sentence by striking

24 ‘‘Notwithstanding the preceding sentence the

25 costs’’ and inserting ‘‘The costs’’; and
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1 (B) by striking the fourth sentence.

2 SEC. 304. AUTHORIZING ISSUANCE OF GENERAL PERMITS.

3 Section 10(a) (16 U.S.C. 1539(a)), as amended by

4 this Act, is further amended by adding at the end the fol5 lowing:

6 ‘‘(4)(A) After providing notice and opportunity for

7 public hearings, the Secretary may issue general permits

8 pursuant to paragraph (1)(B) on a county, State, regional,

9 or nationwide basis for any category of activities that may

10 affect a species which is included on a list published pursu11 ant to section 4(c)(1) if the Secretary determines that the

12 activities in that category are similar in nature, will cause

13 only minimal adverse effects on the species when per14 formed separately, and will have only minimal cumulative

15 diverse effects on the species generally. A general permit

16 issued under this paragraph shall set forth the require17 ments and standards that apply to an activity authorized

18 by the general permit.

19 ‘‘(B) A general permit issued pursuant to subpara20 graph (A) is effective for a period to be specified by the

21 Secretary, which may not exceed 5 years after the date

22 of its issuance. The Secretary may revoke or modify a gen23 eral permit if, after providing an opportunity for public

24 hearing, the Secretary determines that the activities au25 thorized by the general permit have a greater than mini-
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1 mal adverse effect on a species that is included on a list

2 published pursuant to section 4(c)(1) or the activities are

3 more appropriately authorized by individual permits pur4 suant to paragraph (2) or (3).’’.

5 SEC. 305. IMPROVING THE CONSERVATION PLANNING

6 PROCESS.

7 (a) FEDERAL SHARE OF COSTS; INTERIM PER8 MITS.—Section 10(a)(2) (16 U.S.C. 1539(a)(2)) is

9 amended by—

10 (1) redesignating subparagraph (C) as subpara11 graph (G); and

12 ‘‘(2) inserting after subparagraph (B) the fol13 lowing:

14 ‘‘(C) The Secretary shall pay 50 percent of the direct

15 and indirect cost to implement the terms and conditions

16 of the permit to the maximum extent practicable.

17 ‘‘(D) For those activities that the Secretary deter18 mines will not appreciably reduce the chances of survival

19 of a species, the Secretary may issue an interim permit

20 to any applicant that—

21 ‘‘(i) files an application under this section; and

22 ‘‘(ii) provides evidence of appropriate interim

23 species conservation activities that—

24 ‘‘(I) are associated with the activity pro25 posed for permitting, and
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1 ‘‘(II) are to be performed while the under2 lying permit application is being considered

3 under this section.

4 ‘‘(E) An interim permit under subparagraph (D)—

5 ‘‘(i) shall specifically state the types of activities

6 that are authorized to be carried out under the in7 terim permit;

8 ‘‘(ii) shall not create any right to the issuance

9 of a permit under this section;

10 ‘‘(iii) shall expire on the date of the granting of

11 or denial of the underlying permit application; and

12 ‘‘(iv) may be revoked by the Secretary upon 60

13 days notice for any failure to comply with the terms

14 of the interim permit.’’.

15 (b) MULTIPLE SPECIES CONSERVATION PLANS.—

16 Section 10 (16 U.S.C. 1539) is further amended by adding

17 at the end the following:

18 ‘‘(k) MULTIPLE SPECIES CONSERVATION PLANS.—

19 ‘‘(1) ASSISTANCE.—The Secretary may assist a

20 non-Federal person in the development of a plan (to

21 be known as a ‘multiple species conservation plan’)

22 for the conservation of—

23 ‘‘(A) any species with respect to which a

24 finding is made under section 4(b)(3)(A); and

25 ‘‘(B) any other species that—
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1 ‘‘(i) inhabits the area covered by the

2 plan; and

3 ‘‘(ii) is designated in the plan for con4 servation.

5 ‘‘(2) PERMIT.—

6 ‘‘(A) The Secretary may issue a permit

7 under this paragraph authorizing any taking

8 described in subsection (a)(1)(B) of a species

9 for which a multiple species conservation plan is

10 developed under this subsection, if the Sec11 retary, after the opportunity for public com12 ment on the plan—

13 ‘‘(i) finds that the plan specifies the

14 information described in subsection

15 (a)(2)(A);

16 ‘‘(ii) makes the findings described in

17 subsection (a)(2)(B) with respect to the

18 permit application and the plan; and

19 ‘‘(iii) receives such assurances as the

20 Secretary may require that the plan will be

21 implemented.

22 ‘‘(B) A permit issued under this paragraph

23 with respect to a multiple species conservation

24 plan shall be treated as a permit issued under
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1 subsection (a)(1)(B) for species for which the

2 plan is developed.’’.

3 SEC. 306. COMPENSATING PROPERTY OWNERS FOR SUB4 STANTIALLY DIMINISHED VALUE.

5 (a) AMENDMENT TO ACT.—The Act is amended by

6 inserting after section 10 (16 U.S.C. 1539) the following:

7 ‘‘COMPENSATION FOR LANDOWNERS

8 ‘‘SEC. 10A. (a) ELIGIBILITY.—A property owner

9 that, as a consequence of a final decision of the Secretary

10 pursuant to section 7(a), section 7(q), or section 10(a),

11 is substantially deprived of the economically viable use of

12 property owned or held by the property owner is entitled

13 to receive compensation in accordance with this section.

14 ‘‘(b) DEADLINE.—Within 90 days after receipt of a

15 final decision of the Secretary under section 7(a), section

16 7(q), or section 10(a) that subtantially deprives a property

17 owner of the economically viable use of property owned

18 or held by the property owner, the property owner may

19 submit in writing a request to the Secretary for compensa20 tion in accordance with subsection (c).

21 ‘‘(c) SECRETARY’S OFFER.—The Secretary, within

22 180 days after the receipt of a request for compensation,

23 shall provide to the property owner—

24 ‘‘(1) an offer to purchase the affected property

25 of the property owner at a fair market value assum26 ing no use restrictions under this Act; and
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1 ‘‘(2) an offer to compensate the property owner

2 for the difference between the fair market value of

3 the property without those restrictions and the fair

4 market value of the property with those restrictions.

5 ‘‘(d) PROPERTY OWNER’S RESPONSE.—A property

6 owner shall have 60 days after the date of receipt of the

7 Secretary’s offers under subsection (c) to accept one of

8 the offers or to reject both offers. If the property owner

9 rejects both offers, the property owner may submit the

10 matter for arbitration to an arbitrator appointed by the

11 Secretary from a list of arbitrators submitted to the Sec12 retary by the American Arbitration Association. The arbi13 tration shall be conducted in accordance with the real es14 tate valuation arbitration rules of that association. For

15 purposes of this section, an arbitration shall be binding

16 on the Secretary and a property owner as to the amount,

17 if any, of compensation owned to the property owner and

18 whether for purposes of this section the property owner

19 has been substantially deprived of the economically viable

20 use of the affected property.

21 ‘‘(e) OTHER REMEDIES NOT AFFECTED.—Nothing

22 in this section shall affect the right of a property owner

23 to pursue any other remedy available at law.

24 ‘‘(f) JUDGMENT.—A final decision of the Secretary

25 pursuant to section 7(a), section 7(q), or section 10(a)
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1 that substantially deprives a property owner of the eco2 nomically viable use of the property owned or held by the

3 property owner is deemed, at the option of the property

4 owner to be a taking under the Constitution of the United

5 States and a judgment against the United States if the

6 property owner—

7 ‘‘(1) accepts an offer by the Secretary under

8 subsection (d); or

9 ‘‘(2) submits to arbitration under subsection

10 (d).

11 ‘‘(g) PAYMENT.—The Secretary shall pay a property

12 owner any compensation required under the terms of an

13 offer of the Secretary that is accepted by the property

14 owner in accordance with subsection (d), or under a deci15 sion of an arbiter under that subsection, by not later than

16 60 days after the date of the acceptance or the date the

17 issuance of the decision, respectively.

18 ‘‘(h) DEFINITIONS.—In this section the following

19 definitions apply:

20 ‘‘(1) PROPERTY.—The term ‘property’ means—

21 ‘‘(A) land;

22 ‘‘(B) any interest in land; and

23 ‘‘(C) any proprietary water right.

24 ‘‘(2) PROPERTY OWNER.—The term ‘property

25 owner’ means a non-Federal person (other than an
41

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1 officer, employee, agent, department, or instrumen2 tality of a State, municipality, or political subdivi3 sion of a State, or a State, municipality, or subdivi4 sion of a State) that—

5 ‘‘(A) owns property referred to in para6 graph (1) (A) or (B); or

7 ‘‘(B) holds property referred to in para8 graph (1)(C).’’.

9 (b) CONFORMING AMENDMENT.—The table of con10 tents for the Act is amended by inserting after the entry

11 for section 10 the following:

‘‘Sec. 10A. Compensation for property owners.’’.

12 TITLE IV—PROVIDING FOR HABI13 TAT CONSERVATION INCEN14 TIVE PROGRAMS

15 SEC. 401. COOPERATIVE MANAGEMENT AGREEMENTS.

16 Section 6(b) (16 U.S.C. 1535(b)) is amended to read

17 as follows:

18 ‘‘(b) COOPERATIVE MANAGEMENT AGREEMENTS.—

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

20 into an agreement with any non-Federal person hav21 ing authority, control, or ownership over the area af22 fected by any listing, proposed listing, or candidacy

23 for listing of a species pursuant to section 4(a)(1),

24 any designation of critical habitat pursuant to sec25 tion 4(a)(3), or any listing of a species subject to
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1 section 4(b)(3)(B)(iii). The agreement shall be

2 known as a ‘Cooperative Management Agreement’

3 and shall govern the administration and manage4 ment of an area or areas that the Secretary identi5 fies as habitat for that species.

6 ‘‘(2) INITIATION OR REQUEST FOR AGREE7 MENT.—The Secretary may initiate, or a non-Fed8 eral person may submit to the Secretary a request

9 to enter into, a Cooperative Management Agreement.

10 A person shall submit with the request a proposed

11 Cooperative Management Agreement.

12 ‘‘(3) PUBLICATION AND COMMENT.—The Sec13 retary shall publish in the Federal Register—

14 ‘‘(A) a notice of availability of, and a re15 quest for public comment on, a proposed Coop16 erative Management Agreement; and

17 ‘‘(B) each Cooperative Management Agree18 ment entered into by the Secretary.

19 ‘‘(4) HEARINGS.—The Secretary shall hold a

20 public hearing on a proposed Cooperative Manage21 ment Agreement in each county or parish to which

22 the proposed agreement applies.

23 ‘‘(5) CONSIDERATION OF INFORMATION.—
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1 ‘‘(A) Before entering into a Cooperative

2 Management Agreement, the Secretary shall

3 consider and weigh carefully all information—

4 ‘‘(i) received in response to the re5 quest for comments published under para6 graph (3); or

7 ‘‘(ii) presented as testimony in any

8 hearing held under paragraph (4).

9 ‘‘(B) The Secretary shall publish under

10 paragraph (3)(B) with a Cooperative Manage11 ment Agreement the response of the Secretary

12 to all information referred to in subparagraph

13 (A) that is received or presented with respect to

14 the agreement.

15 ‘‘(6) APPROVAL OF PROPOSED AGREEMENT.—

16 ‘‘(A) Within 120 days after the submission

17 of a proposed Cooperative Management Agree18 ment in accordance with paragraph (2), the

19 Secretary shall determine whether the proposed

20 agreement—

21 ‘‘(i) is in accordance with this sub22 section; and

23 ‘‘(ii) will promote conservation of the

24 species to which the proposed agreement

25 applies.
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1 ‘‘(B) The Secretary shall approve and

2 enter into a proposed Cooperative Management

3 Agreement with the person that submits the

4 proposed agreement if the Secretary finds

5 that—

6 ‘‘(i) the person has sufficient author7 ity under law to implement and abide by

8 the terms of the agreement;

9 ‘‘(ii) the agreement defines an area or

10 areas that serve as habitat for the species

11 to which it applies;

12 ‘‘(iii) the agreement provides for the

13 administration and management of the

14 area or areas and adequately regulates ac15 tivities occurring therein which may not

16 otherwise promote conservation of the spe17 cies to which it applies;

18 ‘‘(iv) the agreement promotes the con19 servation of the species to which it applies

20 by committing non-Federal or Federal ef21 forts to that conservation; and

22 ‘‘(v) the agreement is adequately

23 funded to carry out its purposes.

24 ‘‘(7) EFFECT OF AGREEMENT.—
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1 ‘‘(A) Sections 4(a)(1), 4(a)(3), 5, and 7

2 shall not apply to activities of a person con3 ducted in accordance with a Cooperative Man4 agement Agreement.

5 ‘‘(B) Notwithstanding subparagraph (A),

6 an intentional or knowing violation of a Cooper7 ative Management Agreement or a statute or

8 regulation implementing a Cooperative Manage9 ment Agreement, that has the effect of jeopard10 izing the continued existence of a species to

11 which the agreement applies shall be considered

12 to be a violation of this Act.

13 ‘‘(8) RESCISSION OF AGREEMENT.—

14 ‘‘(A) If the Secretary determines after

15 public hearing and opportunity for comment

16 that a person that is a party to a Cooperative

17 Management Agreement is not administering or

18 acting in accordance with the agreement, the

19 Secretary shall notify the person.

20 ‘‘(B) If a person that is notified under

21 subparagraph (A) fails to take appropriate cor22 rective action within a period of time deter23 mined by the Secretary to be reasonable (not to

24 exceed 90 days after the date of the notifica25 tion)—
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1 ‘‘(i) the Secretary shall rescind the

2 Cooperative Management Agreement that

3 is the subject of the notification; and

4 ‘‘(ii) on and after the date of that re5 scission—

6 ‘‘(I) the agreement shall not be

7 effective; and

8 ‘‘(II) sections 4(a)(1), 4(a)(3), 5,

9 and 7 shall apply to activities of the

10 person.’’.

11 SEC. 402. HABITAT RESERVE GRANTS.

12 Section 6(b) (16 U.S.C. 1535(b)), as amended by sec13 tion 401, is further amended by adding at the end the

14 following:

15 ‘‘(9) HABITAT RESERVE GRANTS.—

16 ‘‘(A) The Secretary may provide grants to

17 a non-Federal person (other than an officer,

18 employee, agent, department, or instrumentality

19 of a State, municipality, or political subdivision

20 of a State, and a State, municipality, or sub21 division of a State) for the purpose of preserv22 ing habitat for any species that is determined

23 under section 4 to be an endangered species or

24 threatened species.
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1 ‘‘(B) The Secretary may annually provide

2 grants under this paragraph if the Secretary

3 determines that—

4 ‘‘(i) the property for which the grant

5 is provided contains habitat that signifi6 cantly contributes to enhancement of the

7 population of the species;

8 ‘‘(ii) that property has been dedicated

9 to species conservation for a sufficient pe10 riod of time to significantly contribute to

11 enhancement of the population of the spe12 cies; and

13 ‘‘(iii) the preservation of that habitat

14 advances the interest of species conserva15 tion.

16 ‘‘(C) A grant under this paragraph is

17 transferable to subsequent owners of the prop18 erty for which the grant is provided.’’.

19 SEC. 403. CONFORMING AMENDMENTS.

20 (a) SECTION HEADING.—Section 6 (16 U.S.C. 1535)

21 is further amended by amending the section heading to

22 read as follows: ‘‘COOPERATION WITH NON-FEDERAL PER23 SONS’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 the Act is amended by amending the entry for section 6

3 to read as follows:

‘‘Sec. 6. Cooperation with non-Federal persons.’’.

4 TITLE V—REAUTHORIZATION

5 AND OTHER AMENDMENTS

6 SEC. 501. GUIDANCE FOR THE RELEASE OF EXPERIMENTAL

7 POPULATIONS.

8 Section 10(j) (16 U.S.C. 1539(j)) is amended—

9 (1) in paragraph (2)(B), by inserting—

10 (A) ‘‘and the precise boundaries of the geo11 graphical areas for the release’’ after ‘‘popu12 lation’’ the second place it appears; and

13 (B) ‘‘whether the release is in the public

14 interest and’’ after ‘‘information,’’;

15 (2) in paragraph (2)(C), by striking ‘‘and’’ in

16 clause (i), redesignating clause (ii) as clause (iii),

17 and inserting after clause (i) the following:

18 ‘‘(ii) for purposes of section 4(d) and

19 9(a)(1)(B), any member of an experi20 mental population found outside the geo21 graphical area in which the population is

22 released shall not be treated as a threat23 ened species if it poses a threat to the well

24 being of the public;’’; and
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1 (3) by redesignating paragraph (3) as para2 graph (4) and inserting after paragraph (2) the fol3 lowing:

4 ‘‘(3) In authorizing releases of populations under

5 paragraph (2), the Secretary shall require that—

6 ‘‘(A) to the extent possible, the releases shall

7 occur only in units of the National Park System or

8 the National Wildlife Refuge System;

9 ‘‘(B) releases outside those units occur only in

10 such areas which have been identified as candidate

11 sites for release in the recovery plans for the species

12 of such populations pursuant to section 5;

13 ‘‘(C) for any releases outside those units, meas14 ures to protect the safety and welfare of the public

15 and domestic animals and the funding therefore are

16 identified in the regulations authorizing the releases

17 and are implemented;

18 ‘‘(D) the regulations authorizing the releases

19 shall identify precisely the geographical areas for re20 lease;

21 ‘‘(E) releases on non-Federal lands shall occur

22 only with the written consent of the owners thereof;

23 and

24 ‘‘(F) the regulations authorizing the releases

25 shall include measurable reintroduction goals to re-
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1 store viable populations only within the specific geo2 graphic areas identified for release in such regula3 tions.’’.

4 SEC. 502. RECOGNITION OF CAPTIVE PROPAGATION AS

5 MEANS OF RECOVERY.

6 Section 13 (87 Stat. 901; relating to conforming

7 amendments) is amended to read as follows:

8 ‘‘RECOGNITION OF CAPTIVE PROPAGATION AS MEANS OF

9 RECOVERY

10 ‘‘SEC. 13. (a) IN GENERAL.—In carrying out respon11 sibilities of the Secretary under sections 4, 5, and 7, the

12 Secretary shall recognize to the maximum extent prac13 ticable, and may utilize, captive propagation as a means

14 of conserving an endangered species or threatened species.

15 ‘‘(b) CAPTIVE PROPAGATION GRANTS.—The Sec16 retary may annually provide grants to non-Federal per17 sons to fund captive propagation programs for the purpose

18 of preserving any species that is determined under section

19 4 to be an endangered species or threatened species, if

20 the Secretary determines that the program contributes to

21 enhancement of the population of the species.’’.

22 SEC. 503. CLARIFYING THE APPLICATION OF PROHIBI23 TIONS TO THREATENED SPECIES.

24 Section 4(d) (16 U.S.C. 1533(d)) is amended by

25 striking the first sentence and inserting the following:

26 ‘‘When a species is listed as a threatened species pursuant
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1 to subsection (c), the Secretary shall issue, concurrently

2 with or subsequent to the regulation that provides for the

3 listing of the species, regulations the Secretary considers

4 necessary and advisable to provide for the conservation of

5 the species.’’.

6 SEC. 504. CITIZEN SUITS.

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

8 (1) in paragraph (1)(A), by striking ‘‘any per9 son, including the United States and any other gov10 ernmental instrumentality or agency (to the extent

11 permitted by the eleventh amendment to the Con12 stitution,’’ and inserting ‘‘the United States or any

13 agency or official thereof ’’;

14 (2) in the first sentence following subparagraph

15 (C) of paragraph (1), by striking ‘‘or the citizenship

16 of the parties’’; and

17 (3) in paragraph (3), by striking ‘‘(A)’’ and

18 subparagraph (B).

19 (b) Section 11(g) (16 U.S.C. 1540(g)) is further

20 amended by adding at the end the following:

21 ‘‘(6) A non-Federal person (including a person that

22 sustains actual or imminent economic injury as a direct

23 or indirect result of a violation of this Act or a regulation

24 issued under this Act by the United States or any agency

25 or official thereof) may commence a civil suit on his or
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1 her own behalf and may intervene as a matter of right

2 in any suit brought under this Act related to that injury.’’.

3 SEC. 505. INCREASED AUTHORIZATIONS OF APPROPRIA4 TIONS.

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

6 follows:

7 ‘‘AUTHORIZATIONS OF APPROPRIATIONS

8 ‘‘SEC. 15. (a) IN GENERAL.—Except as provided in

9 subsections (b) and (c), there are authorized to be appro10 priated—

11 ‘‘(1) to the Secretary of the Interior,

12 $59,000,000 for fiscal year 1994, $67,000,000 for

13 fiscal year 1995, $76,000,000 for fiscal year 1996,

14 $87,000,000 for fiscal year 1997, and $100,000,000

15 for fiscal year 1998 to carry out this Act;

16 ‘‘(2) to the Secretary of Commerce,

17 $13,500,000 for fiscal year 1994, $15,000,000 for

18 fiscal year 1995, $16,500,000 for fiscal year 1996,

19 $18,000,000 for fiscal year 1997, and $20,000,000

20 for fiscal year 1998 to carry out this Act; and

21 ‘‘(3) to the Secretary of Agriculture,

22 $3,000,000 for fiscal year 1994, $3,300,000 for fis23 cal year 1995, $3,600,000 for fiscal year 1996,

24 $4,000,000 for fiscal year 1997, and $4,300,000 for

25 fiscal year 1998 to carry out functions and respon26 sibilities of the Secretary of Agriculture with respect
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1 to the enforcement of this Act and the Convention

2 which pertain to the importation or exportation of

3 plants.

4 ‘‘(b) EXEMPTIONS FROM ACT.—There are authorized

5 to be appropriated to the Secretary to enable the Secretary

6 and the Endangered Species Committee to carry out their

7 functions under sections 7 (e), (g), (h), and (r) $625,000

8 for each of fiscal years 1994, 1995, 1996, 1997, and 1998.

9 ‘‘(c) CONVENTION IMPLEMENTATION.—There are au10 thorized to be appropriated to the Secretary of the Interior

11 for carrying out section 8A(e) $600,000 for each of fiscal

12 years 1994, 1995, and 1996, and $700,000 for each of

13 fiscal years 1997 and 1998. Amounts appropriated under

14 this subsection shall remain available until expended.’’.

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