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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1490 Introduced in House (IH)]

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. 
 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.

    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 Species Act Procedural 
Reform Amendments of 1993''.

SEC. 2. TABLE OF CONTENTS.

    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.
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.

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

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, 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.).

   TITLE I--ENSURING THE INTEGRITY OF THE LISTING, CRITICAL HABITAT 
                DESIGNATION, AND CONSULTATION PROCESSES

SEC. 101. PEER REVIEW.

    Section 4 (16 U.S.C. 1533) is amended by adding at the end the 
following:
    ``(j) Peer Review Requirement.--
            ``(1) Requirement.--If an interested person submits, in 
        accordance with paragraph (2), a request for peer review of an 
        action described in paragraph (3), the Secretary or the 
        Secretary of Commerce shall--
                    ``(A) appoint, from among individuals recommended 
                by the National Academy of Sciences, 3 qualified 
                individuals who shall review all scientific and 
                commercial data on which the action is based, and all 
                analyses of that data performed for the purposes of 
                that action; and
                    ``(B) consider and weigh carefully the results of 
                that review.
            ``(2) Request for peer review.--Any interested person may 
        request the Secretary to conduct peer review under paragraph 
        (1)(A) with respect to an action described in paragraph (3) by 
        submitting the request to the Secretary in the 90-day period 
        beginning on the date of publication of notice of proposed 
        rulemaking for the action.
            ``(3) Covered actions.--The actions referred to in 
        paragraphs (1) and (2) are the following:
                    ``(A) Determination that a species is an endangered 
                species or threatened species under subsection (a).
                    ``(B) Designation, or revision of designation, of 
                critical habitat for an endangered species or 
                threatened species under subsection (a).
            ``(4) Publication with final rule.--The Secretary shall 
        publish with any final rule implementing an activity described 
        in paragraph (3) a summary of the results of the peer review 
        conducted under this subsection with respect to that rule and 
        the response of the Secretary to those results.
            ``(5) Qualified person defined.--For purposes of this 
        section, the term `qualified person' means an individual with 
        appropriate knowledge, training, or experience who is not 
        employed by, under contract to, or receiving or using a grant 
        or other financial assistance from the Secretary or the 
        Secretary of Commerce.''.

SEC. 102. CONSIDERATION OF STATE, LOCAL, AND FOREIGN GOVERNMENT 
              ACTIVITIES.

    Section 4(a)(1)(D) (16 U.S.C. 1533(a)(1)(D)) is amended by 
inserting after ``existing'' the following: ``Federal, State, and local 
government and international''.

SEC. 103. PRIORITY FOR SPECIES CONSERVATION.

    Section 4(f) (16 U.S.C. 1533(f)) is amended to read as follows:
    ``(f) Priorities in Determining and Considering Endangered Species 
and Threatened Species.--The Secretary may determine and conserve 
endangered species and threatened species under this Act in the 
following order of priority:
            ``(1) Single species genus.
            ``(2) Species.
            ``(3) Subspecies.
            ``(4) Distinct population segment.''.

SEC. 104. IMPROVING DATA COLLECTION AND ANALYSIS.

    Section 4(b) (16 U.S.C. 1533(b)) is amended by adding at the end of 
the subsection the following:
            ``(9)(A) The best scientific and commercial data available 
        required by paragraph (1) or paragraph (2) shall be, to the 
        maximum extent feasible, data that are verified by field 
        testing.
            ``(B) The Secretary shall identify and publish in the 
        Federal Register with a proposed rule under subsection (a)(1) 
        or subsection (a)(3) a description of--
                    ``(i) any gaps in the data to be considered in 
                making the determination under the subsection to which 
                the proposed rule relates;
                    ``(ii) data that are necessary to make the 
                determination and that can be collected within the 
                period available for making the determination; and
                    ``(iii) data that are necessary to ensure the 
                continued viability of the determination, and the 
                deadline or deadlines for collecting that data.
            ``(C) In making a determination pursuant to subsection 
        (a)(1) or subsection (a)(3), the Secretary shall collect and 
        consider the data identified and described pursuant to 
        subparagraph (B)(ii).
            ``(D) The Secretary shall identify and include with a final 
        rule published under subsection (a)(1) or subsection (a)(3) a 
        description of--
                    ``(i) any data that have not been collected and 
                considered in the determination to which the rule 
                relates and that are necessary to ensure the continued 
                scientific integrity of the determination;
                    ``(ii) deadlines by which the Secretary shall 
                collect and consider the data in accordance with 
                subparagraph (E).
            ``(E) Not later than the deadline published by the 
        Secretary pursuant to subparagraph (D)(ii), the Secretary 
        shall--
                    ``(i) collect the data;
                    ``(ii) provide an opportunity for public review and 
                comment on the data;
                    ``(iii) consider the data after that review and 
                comment; and
                    ``(iv) publish in the Federal Register the results 
                of that consideration and a description of and schedule 
                for any actions warranted by the data.''.

SEC. 105. ECONOMIC IMPACTS OF DESIGNATING CRITICAL HABITAT.

    Section 4(b) (16 U.S.C. 1533(b)), as amended by this Act, is 
further amended--
            (1) by amending paragraph (2) to read as follows:
            ``(2)(A) The Secretary shall designate critical habitat, 
        and make revisions thereto, under subsection (a)(3)--
                    ``(i) on the basis of the best scientific and 
                commercial data available; and
                    ``(ii) after taking into consideration the 
                cumulative economic impact and any other relevant 
                impact of designating any particular area as critical 
                habitat and the determination pursuant to subsection 
                (a)(1).
            ``(B) The Secretary shall exclude any area from designation 
        as critical habitat if the Secretary determines that the 
        benefits of such exclusion outweigh the benefits of designating 
        the area as critical habitat, unless the Secretary determines, 
        based on the best scientific and commercial data available, 
        that the failure to designate the area as critical habitat will 
        result in the extinction of the species concerned.''; and
            (2) by adding at the end the following:
    ``(10) The proposed regulation relating to any designation pursuant 
to subsection (a)(3) shall describe in detail the economic impacts and 
other relevant impacts that are to be considered, and the benefits that 
are to be weighed, in designating an area as critical habitat. The 
description and documentation shall be submitted to the Bureau of Labor 
Statistics of the Department of Commerce. The Bureau shall submit 
written comments during the comment period on the proposed regulation. 
The Secretary shall respond separately and fully to each comment in the 
final regulation.''.

SEC. 106. EQUAL ACCESS TO JUDICIAL REVIEW.

    Section 4(b)(3)(C) (16 U.S.C. 1533(b)(3)(C)) is amended by striking 
clause (ii) and inserting the following:
    ``(ii) Any finding described in subparagraph (A) or subparagraph 
(B) shall be subject to judicial review.''.

SEC. 107. CONSULTATION AND COOPERATION.

    (a) Consultation Standards and Procedures.--Section 7 (16 U.S.C. 
1536) is amended--
            (1) in subsection (a)(2) in the first sentence by striking 
        ``or result in the destruction or adverse modification of 
        habitat of such species which is determined by the Secretary, 
        after consultation as appropriate with affected States, to be 
        critical,'' and inserting ``or destroy or adversely modify any 
        habitat that is designated by the Secretary as critical habitat 
        of such a species in a manner that is likely to jeopardize the 
        continued existence of the species,'';
            (2) in subsection (a)(4) by striking ``or result in the 
        destruction or adverse modification of critical habitat 
        proposed to be designated for such species'' and inserting ``or 
        to destroy or adversely modify any habitat that is proposed to 
        be designated by the Secretary as critical habitat of such a 
        species in a manner that is likely to jeopardize the continued 
        existence of the species'';
            (3) by adding at the end of subsection (a) the following:
            ``(5) Consultation and conferencing under paragraphs (2) 
        and (4) are not required for any agency action that is 
        consistent with--
                    ``(A) actions provided for in a final recovery plan 
                developed under section 5; or
                    ``(B) requirements in a Cooperative Management 
                Agreement in effect under section 6(b).
            ``(6) An agency action shall not be a taking prohibited by 
        this Act or any regulation issued under this Act if the action 
        is consistent with--
                    ``(A) actions provided for in a final recovery plan 
                developed under section 5; or
                    ``(B) requirements in a Cooperative Management 
                Agreement in effect under section 6(b).''; and
            (4) in subsection (b)(3)(A) by striking the second sentence 
        and inserting the following: ``If jeopardy is found the 
        Secretary shall suggest reasonable and prudent alternatives 
        (considering those reasonable and prudent alternatives 
        undertaken by other Federal agencies) that are consistent with 
        subsection (a)(2) and that impose the least socioeconomic 
        costs.''.
    (b) Scope of Consultation for Certain Federal Agency Actions.--
Section 7(a) (16 U.S.C. 1536(a)) is further amended by adding after 
paragraph (6) (as added by subsection (a) of this section) the 
following:
    ``(7)(A) Consultation under paragraphs (2) and (3) regarding an 
agency action described in subparagraph (B) shall be limited to 
consideration of the direct effects that result from the maintenance or 
modification that comprises the action.
    ``(B) A Federal agency action referred to in subparagraph (A) is a 
Federal agency action that consists solely of--
            ``(i) routine maintenance to an existing Federal, State, or 
        private project or facility; or
            ``(ii) a modification required by any Federal, State, or 
        local government agency for safety purposes.''.
    (c) Clarification of Federal Agency Responsibilities.--Section 7(a) 
(16 U.S.C. 1536(a)) is further amended--
            (1) in paragraph (2) in the second sentence by inserting 
        before the period the following: ``, and shall, in addition to 
        considering other obligations and responsibilities under 
        statutes, treaties, interstate compacts, and contractual 
        agreements, consider the opinion and any reasonable and prudent 
        alternatives developed pursuant to subsection (b)(3)''; and
            (2) by adding after paragraph (7) (as added by subsection 
        (b) of this section) the following:
    ``(8) If the head of a Federal agency determines that compliance 
with paragraph (2) is not consistent with other obligations and 
responsibilities of the agency under statutes, treaties, interstate 
compacts, and contractual agreements, the agency head shall--
            ``(A) determine what pending action would have been 
        authorized, funded, or carried out except for subsection 
        (a)(2); and
            ``(B) provide to the applicant, if any--
                    ``(i) a written statement summarizing the 
                information on which the determination is based, and
                    ``(ii) a notice of the opportunity for an exemption 
                under subsection (e).''.
    (d) Participation in Consultations.--Section 7 (16 U.S.C. 1536) is 
further amended--
            (1) in subsection (a)(3) by inserting ``with the 
        involvement of,'' after ``at the request of,'';
            (2) in subsection (a)(4) by inserting after ``confer with 
        the Secretary'' the following: ``and any prospective permit or 
        license applicant''; and
            (3) in subsection (b)(1) by adding at the end the 
        following:
    ``(C) In any agency action involving a prospective permit or 
license applicant, the prospective applicant shall have the right to 
participate fully in any consultation under this section regarding the 
action.
    ``(D) A person that is a party to a written contract with a Federal 
agency to purchase a product or service that is provided as a result of 
a Federal agency action is entitled to participate in any consultation 
or conference under this paragraph with respect to the agency 
action.''.

SEC. 108. ESTABLISHING CONSULTATION PROCEDURES WITH RESPECT TO PRIVATE 
              ACTIONS.

    (a) Establishment of Procedures.--Section 7 (16 U.S.C. 1536) is 
amended by adding at the end the following:
    ``(q) Consultations Regarding Private Actions.--
            ``(1) Initiation of consultation.--A non-Federal person may 
        initiate a consultation with the Secretary concerning any 
        action of the person that may affect a species that is 
        determined by the Secretary under section 4 to be an endangered 
        species or threatened species.
            ``(2) Consultation.--If a person initiates a consultation 
        under this subsection, the Secretary shall--
                    ``(A) consult with the person; and
                    ``(B) conclude the consultation not later than 90 
                days after the date on which it is initiated by the 
                person, or on another date on which the Secretary and 
                the person agree.
            ``(3) Written opinion.--Upon the conclusion of a 
        consultation under this subsection, the Secretary shall 
        promptly provide to the person that initiated the consultation 
        a written opinion that describes in detail--
                    ``(A) whether the action that is the subject of the 
                consultation affects endangered species and threatened 
                species, including a description of the impact of any 
                taking of the species that is incidental to the action; 
                and
                    ``(B) a summary of the information on which the 
                opinion is based.
            ``(4) Reasonable and prudent alternatives; terms and 
        conditions for action.--
                    ``(A) A written opinion of the Secretary under 
                paragraph (3) shall set forth the matters described in 
                subparagraph (B) if the Secretary determines through 
                consultation under this subsection that an action of a 
                person is likely to--
                            ``(i) jeopardize the continued existence of 
                        any endangered species or threatened species;
                            ``(ii) destroy or adversely modify any 
                        habitat that is designated by the Secretary as 
                        critical habitat of such a species in a manner 
                        that is likely to jeopardize the continued 
                        existence of the species; or
                            ``(iii) adversely affect activities under a 
                        habitat conservation plan under section 10.
                    ``(B) The matters referred to in subparagraph (A) 
                are the following:
                            ``(i) Reasonable and prudent alternatives 
                        that the Secretary believes would not violate 
                        this Act and are necessary to minimize the 
                        impact of the action on endangered species and 
                        threatened species.
                            ``(ii) Terms and conditions with which the 
                        person shall comply in implementing the 
                        measures specified in clause (i).
            ``(5) Treatment of taking in accordance with written 
        opinion.--Notwithstanding sections 4(d) and 9(a)(1) (B) and (C) 
        of this Act, sections 101 and 102 of the Marine Mammal 
        Protection Act of 1972, or any regulation promulgated to 
        implement any of those sections, a taking of a species in the 
        course of an action of a person that is the subject of a 
        written opinion provided to the person by the Secretary under 
        paragraph (3) shall not be considered to be a prohibited taking 
        if the taking--
                    ``(A) results from the person implementing an 
                alternative included in the opinion pursuant to 
                paragraph (4)(B)(i); or
                    ``(B) is in compliance with the terms and 
                conditions included in the opinion pursuant to 
                paragraph (4)(B)(ii).''.
    (b) Non-Federal Person Defined.--Section 3 (16 U.S.C. 1532) is 
amended by inserting after paragraph (10) the following:
            ``(11) The term `non-Federal person' means a person other 
        than an officer, employee, agent, department, or 
        instrumentality of--
                    ``(A) the Federal Government; or
                    ``(B) a foreign government.''.

   TITLE II--PROVIDING SIGNIFICANCE TO THE RECOVERY PLANNING PROCESS

SEC. 201. ENSURING PREPARATION AND USE OF TIMELY, COMPREHENSIVE, AND 
              EFFECTIVE RECOVERY PLANS.

    (a) In General.--The Act is amended--
            (1) in section 3 (16 U.S.C. 1532) by redesignating 
        paragraphs (15) through (21) as paragraphs (16) through (22), 
        respectively, and by inserting after paragraph (14) the 
        following:
    ``(15) The term `recovery plan' means a plan developed under 
section 5.'';
            (2) in section 4(h)(4) (16 U.S.C. 1533(h)(4)) by striking 
        ``subsection (f) of this section'' and inserting ``section 5'';
            (3) by redesignating section 5 (16 U.S.C. 1534) as section 
        5A; and
            (4) by inserting after section 4 the following:

                            ``recovery plans

    ``Sec. 5. (a) In General.--The Secretary shall develop and 
implement a plan for the conservation and survival of each species 
determined to be an endangered species or a threatened species pursuant 
to section 4, unless the Secretary finds upon completion of assessments 
required by this section that a plan is not necessary to promote the 
conservation and survival of the species. If the Secretary finds that a 
recovery plan is not necessary, the Secretary shall prepare and publish 
in the Federal Register findings stating the basis upon which the 
determination is made.
    ``(b) Priority.--In the development and implementation of a 
recovery plan for a species, the Secretary shall, to the maximum extent 
practicable, give priority to--
            ``(1) the development of an integrated recovery plan for 
        two or more endangered species or threatened species that are 
        likely to benefit from an integrated recovery plan, that 
        addresses the conservation and survival needs of those species;
            ``(2) those geographic areas where conflicts between the 
        conservation of species and development projects or other forms 
        of economic activity exist or are likely to exist; and
            ``(3) the implementation of recovery measures that have the 
        least socioeconomic costs.
    ``(c) Recovery Team.--For each recovery plan the Secretary shall--
            ``(1) appoint a recovery team consisting of--
                    ``(A) appropriate biologists, economists, and land 
                use specialists from the department of the Secretary, 
                other Federal agencies, and the private sector;
                    ``(B) a representative from each affected State 
                nominated by the Governor of the State; and
                    ``(C) representatives nominated by affected local 
                governments; and
            ``(2) provide technical assistance to the recovery team.
    ``(d) Recovery Team Assessments.--A recovery team shall make the 
following assessments with respect to development of a recovery plan 
for a species:
            ``(1) Biological.--An assessment of--
                    ``(A) the biological considerations necessary to 
                achieve the purposes of this Act;
                    ``(B) the biological significance of the species;
                    ``(C) the species' precise geographical range;
                    ``(D) the species' current population;
                    ``(E) the species' population trend;
                    ``(F) the technical practicality of recovering the 
                species;
                    ``(G) potential conservation measures designed to 
                recover the species or to reduce risks to survival of 
                the species;
                    ``(H) any captive breeding programs that would 
                contribute to the goals of conservation of the species; 
                and
                    ``(I) whether conservation measures will require 
                any releases of experimental populations outside the 
                current range of the species and, if so, identification 
                of candidate geographical areas for the releases.
            ``(2) Economic.--An assessment of--
                    ``(A) the socioeconomic impacts that may result 
                from the listing of the species and potential 
                conservation measures identified pursuant to this 
                subsection, including a description of the direct and 
                indirect costs to the public and private sectors;
                    ``(B) the effects on employment; and
                    ``(C) the impacts on the use and value of property.
            ``(3) Intergovernmental.--An assessment of the impact of 
        the listing of the species and potential conservation measures 
        identified pursuant to this subsection on State and local land 
        use laws, conservation measures, and water allocation policy of 
        affected States.
    ``(e) Recovery Team Reports.--A recovery team shall report its 
assessments under subsection (d) to the Secretary. The Secretary shall 
use the assessments as a baseline in the formation and development of a 
recovery plan, including alternatives developed pursuant to subsection 
(f).
    ``(f) Alternatives.--The Secretary, based on the assessments under 
subsection (d), shall include in each draft recovery plan alternative 
strategies for the recovery and survival of the species. Alternative 
strategies shall range from strategies that do not require Federal 
management to strategies that may require intensive Federal management. 
Each alternative strategy shall recommend a balance of goals and 
requirements pursuant to this Act, and shall contain--
            ``(1) an estimate of the risks to the survival and recovery 
        of the species that the alternative would entail;
            ``(2) a description of the direct and indirect costs to the 
        public and private sectors, including effects on employment, 
        that may result from the alternative;
            ``(3) a description of any social dislocation that may 
        result from the alternative;
            ``(4) an analysis of any impacts the alternative would have 
        on the use and value of property;
            ``(5) a description of site-specific management actions 
        necessary to achieve the goals of the alternative;
            ``(6) a description of any captive breeding program that 
        would contribute to the goals of the alternative;
            ``(7) a discussion of whether the alternative would require 
        any releases of experimental populations outside the current 
        range of the species and, if so, identification of candidate 
        geographical areas for the releases;
            ``(8) a clear differentiation between--
                    ``(A) those actions recommended generally for 
                Federal agencies to conserve the species pursuant to 
                section 7(a)(1),
                    ``(B) those actions recommended for Federal agency 
                actions that are the subject of consultation pursuant 
                to section 7(a)(2), and
                    ``(C) those actions recommended to be taken by any 
                person to avoid any take of the species pursuant to 
                section 4(d) or 9(a)(1);
            ``(9) objective, measurable criteria for recovery, 
        including a population level target, that, if met, would result 
        in a determination, pursuant to section 4, that the species be 
        removed from a list published pursuant to section 4(c)(1); and
            ``(10) estimates of the time and costs required to carry 
        out those actions needed to achieve the goals of the 
        alternative and to achieve intermediate steps to the goals.
    ``(g) Procedures.--
            ``(1) In general.--Except as provided in paragraph (2), for 
        each species for which the Secretary is required to develop a 
        recovery plan under subsection (a), the Secretary shall--
                    ``(A) publish a draft recovery plan by not later 
                than one year after the date of the publication under 
                section 4(b)(6) of the final regulation to implement 
                that determination; and
                    ``(B) issue a final recovery plan by not later than 
                18 months after that date of publication.
            ``(2) Expedited issuance.--For any species that was 
        determined by the Secretary under section 4 to be an endangered 
        species or threatened species before January 1, 1993, and for 
        which a final recovery plan was not published before that date, 
        the Secretary shall--
                    ``(A)(i) publish a draft recovery plan by not later 
                than 18 months after the date of the enactment of the 
                Endangered Species Act Procedural Reform Amendments of 
                1993; and
                    ``(ii) publish a final recovery plan by not later 
                than 2 years after the date of enactment; or
                    ``(B) publish in the Federal Register a 
                determination that a recovery plan is not required 
                under this section, by not later than 18 months after 
                that date of enactment.
            ``(3) Publication and public comment.--The Secretary 
        shall--
                    ``(A) publish in the Federal Register--
                            ``(i) each draft recovery plan;
                            ``(ii) each final recovery plan; and
                            ``(iii) each revision proposed to be made 
                        to a draft recovery plan or final recovery 
                        plan;
                    ``(B) publish with each draft recovery plan, final 
                recovery plan, and proposed revision a request for the 
                submission of comments on the plan or revision; and
                    ``(C) publish a summary of each draft and final 
                recovery plan in a newspaper of general circulation in 
                each affected county or parish.
            ``(4) Hearings.--The Secretary shall hold a public hearing 
        on each draft recovery plan and final recovery plan in each 
        county or parish to which the plan applies.
            ``(5) Secretary's consideration of comments.--Prior to any 
        decision to adopt a final recovery plan, the Secretary shall 
        consider and weigh carefully all information presented during 
        each hearing held pursuant to paragraph (4) or received in 
        response to requests for comments published under section 
        (3)(B) with respect to the plan.
    ``(h) Publication of Reasons for Selecting Alternatives and 
Response to Comments and Testimony.--The Secretary shall publish in the 
Federal Register with a final recovery plan a detailed discussion of--
            ``(1) the reasons for the selection of the species recovery 
        and survival strategies included in the plan;
            ``(2) for each alternative strategy included in a draft 
        recovery plan under subsection (f) that is not selected for the 
        final recovery plan, the reasons the alternative was not 
        selected; and
            ``(3) the response of the Secretary to all information 
        referred to in subsection (g)(5).
    ``(i) Additional Services.--The Secretary, in developing and 
implementing recovery plans, may use the services of appropriate public 
and private agencies and institutions and of other qualified persons.
    ``(j) Relationship to Other Law.--The Federal Advisory Committee 
Act does not apply to recovery teams under this section.
    ``(k) Report.--The Secretary shall report every 2 years to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Merchant Marine and Fisheries of the House of 
Representatives on the status of efforts to develop and implement 
recovery plans for all species included in a list that is published 
pursuant to section 4(c)(1) and on the status of all species for which 
such plans have been developed.
    ``(l) Review of Recovery Plans.--The Secretary shall--
            ``(1) review each recovery plan before the end of every 5-
        year period after the publication of the recovery plan; and
            ``(2) determine whether the plan satisfies the purposes of 
        this section.''.
    (b) Existing Recovery Plans.--
            (1) In general.--Except as provided in paragraphs (2), (3), 
        and (4) a final recovery plan issued under section 4(f) of the 
        Endangered Species Act of 1973 Act before January 1, 1993, 
        shall continue in effect as if this section were not enacted.
            (2) Revisions.--The amendment made by subsection (a) shall 
        apply to a revision to a recovery plan referred to in paragraph 
        (1).
            (3) Reviews.--A final recovery plan issued before the date 
        of the enactment of this Act shall be reviewed under section 
        5(l) of the Endangered Species Act of 1973 (as added by 
        subsection (a)) on the day the plan would have been required to 
        be reviewed if--
                    (A) section 5(l) was in effect on the day the plan 
                was issued; and
                    (B) the plan was reviewed at the end of each 5-year 
                period under section 5(l).
            (4) Plans.--A final recovery plan issued by the National 
        Marine Fisheries Service before January 1, 1993, shall be 
        reissued in accordance with section 5 of the Endangered Species 
        Act of 1973 (as added by subsection (a)).

SEC. 202. CONFORMING AMENDMENTS.

    ``(a) Section Heading.--Section 5 (16 U.S.C. 1534) is further 
amended by amending the section heading to read as follows: ``recovery 
plans''.
    ``(b) Table of Contents.--The table of contents for the Act is 
amended by amending the entry for section 5 to read as follows:

``Sec. 5. Recovery plans.''.

 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.

    Section 3(20), as redesignated by section 201(a)(1) of this Act, is 
amended to read as follows:
            ``(20) The term `take' means--
                    ``(A) to pursue, hunt, shoot, wound, kill, trap, 
                capture, or collect;
                    ``(B) to attempt to commit an act described in 
                subparagraph (A); or
                    ``(C) to harass or harm a member of a species to 
                which section 9(a)(1)(B) or (C) applies--
                            ``(i) in a manner that causes injury to 
                        that member; or
                            ``(ii) in an attempt to cause the 
                        injury.''.

SEC. 302. CLARIFYING THE APPLICATION OF TAKE PROHIBITIONS.

    Section 9(a) (16 U.S.C. 1538(a)) is amended--
            (1) in paragraph (1) by striking ``Except as provided in 
        sections 6(g)(2) and 10 of this Act,'' and inserting ``Except 
        as provided in paragraph (3) and sections 6(g)(2) and 10,''; 
        and
            (2) by adding at the end the following:
    ``(3) Any activity of a non-Federal person is deemed not to 
constitute a take of a species if the activity--
            ``(A) is consistent with the requirements of a recovery 
        plan under section 5; or
            ``(B) complies with the requirements of a Cooperative 
        Management Agreement in effect under section 6(b).

SEC. 303. PROVIDING FOR EXEMPTIONS OF PRIVATE ACTIONS AND RELIEVING 
              PAYMENT REQUIREMENTS.

    (a) Exemption of Non-Federal Persons.--Section 7 (16 U.S.C. 1536), 
as amended by this Act, is further amended--
            (1) by adding after subsection (q) (as added by section 
        108) the following:
    ``(r) Exemption for Non-Federal Persons.--
            ``(1) Application for exemption.--A non-Federal person 
        (other than an officer, employee, agent, department, or 
        instrumentality of a State, municipality, or political 
        subdivision of a State, and a State, municipality, or 
        subdivision of a State) may apply to the Secretary for an 
        exemption by the Committee of an action of the person if the 
        person--
                    ``(A)(i) receives a written opinion of the 
                Secretary under subsection (q)(3) with respect to the 
                action, that includes alternatives and terms and 
                conditions described in subsections (q)(4)(B) (i) and 
                (ii), respectively, and
                    ``(ii) does not accept those alternatives and terms 
                and conditions;
                    ``(B) is denied a permit for the action under 
                section 10(a)(1); or
                    ``(C) has a permit revoked under section 
                (10)(a)(2)(G).
            ``(2) Consideration of application.--The Secretary may 
        accept or deny an exemption application, and the Committee may 
        grant or deny an exemption, in accordance with the relevant or 
        applicable provisions of subsections (g), (h), and (l) and with 
        regulations promulgated by the Secretary.
            ``(3) Treatment of taking pursuant to an exemption.--
        Notwithstanding sections 4(d) and 9(a)(1) (B) and (C) of this 
        Act, sections 101 and 102 of the Marine Mammal Protection Act 
        of 1972, or any regulation promulgated to implement any of 
        those sections, any action for which an exemption is granted 
        under this subsection shall not be considered to be a taking of 
        any endangered species or threatened species with respect to 
        any activity which is necessary to carry out that action.'';
            (2) in subsection (m) by striking ``under subsection (h) of 
        this section granting an exemption from the requirements of 
        subsection (a)(2) of this section'' and inserting ``under 
        subsection (h) or (r) granting an exemption for an agency 
        action or an activity of a person''; and
            (3) in subsection (n) by inserting ``or activity of a 
        person'' after ``agency action'' each place it appears.
    (b) Payment of Costs of Complying with Endangered Species Committee 
Orders.--Section 7(l) (16 U.S.C. 1536(l)) is amended--
            (1) in paragraph (1) by striking ``and paid for''; and
            (2) in paragraph (2)--
                    (A) in the second sentence by striking 
                ``Notwithstanding the preceding sentence the costs'' 
                and inserting ``The costs''; and
                    (B) by striking the fourth sentence.

SEC. 304. AUTHORIZING ISSUANCE OF GENERAL PERMITS.

    Section 10(a) (16 U.S.C. 1539(a)), as amended by this Act, is 
further amended by adding at the end the following:
    ``(4)(A) After providing notice and opportunity for public 
hearings, the Secretary may issue general permits pursuant to paragraph 
(1)(B) on a county, State, regional, or nationwide basis for any 
category of activities that may affect a species which is included on a 
list published pursuant to section 4(c)(1) if the Secretary determines 
that the activities in that category are similar in nature, will cause 
only minimal adverse effects on the species when performed separately, 
and will have only minimal cumulative diverse effects on the species 
generally. A general permit issued under this paragraph shall set forth 
the requirements and standards that apply to an activity authorized by 
the general permit.
    ``(B) A general permit issued pursuant to subparagraph (A) is 
effective for a period to be specified by the Secretary, which may not 
exceed 5 years after the date of its issuance. The Secretary may revoke 
or modify a general permit if, after providing an opportunity for 
public hearing, the Secretary determines that the activities authorized 
by the general permit have a greater than minimal adverse effect on a 
species that is included on a list published pursuant to section 
4(c)(1) or the activities are more appropriately authorized by 
individual permits pursuant to paragraph (2) or (3).''.

SEC. 305. IMPROVING THE CONSERVATION PLANNING PROCESS.

    (a) Federal Share of Costs; Interim Permits.--Section 10(a)(2) (16 
U.S.C. 1539(a)(2)) is amended by--
            (1) redesignating subparagraph (C) as subparagraph (G); and
            ``(2) inserting after subparagraph (B) the following:
    ``(C) The Secretary shall pay 50 percent of the direct and indirect 
cost to implement the terms and conditions of the permit to the maximum 
extent practicable.
    ``(D) For those activities that the Secretary determines will not 
appreciably reduce the chances of survival of a species, the Secretary 
may issue an interim permit to any applicant that--
            ``(i) files an application under this section; and
            ``(ii) provides evidence of appropriate interim species 
        conservation activities that--
                    ``(I) are associated with the activity proposed for 
                permitting, and
                    ``(II) are to be performed while the underlying 
                permit application is being considered under this 
                section.
    ``(E) An interim permit under subparagraph (D)--
            ``(i) shall specifically state the types of activities that 
        are authorized to be carried out under the interim permit;
            ``(ii) shall not create any right to the issuance of a 
        permit under this section;
            ``(iii) shall expire on the date of the granting of or 
        denial of the underlying permit application; and
            ``(iv) may be revoked by the Secretary upon 60 days notice 
        for any failure to comply with the terms of the interim 
        permit.''.
    (b) Multiple Species Conservation Plans.--Section 10 (16 U.S.C. 
1539) is further amended by adding at the end the following:
    ``(k) Multiple Species Conservation Plans.--
            ``(1) Assistance.--The Secretary may assist a non-Federal 
        person in the development of a plan (to be known as a `multiple 
        species conservation plan') for the conservation of--
                    ``(A) any species with respect to which a finding 
                is made under section 4(b)(3)(A); and
                    ``(B) any other species that--
                            ``(i) inhabits the area covered by the 
                        plan; and
                            ``(ii) is designated in the plan for 
                        conservation.
            ``(2) Permit.--
                    ``(A) The Secretary may issue a permit under this 
                paragraph authorizing any taking described in 
                subsection (a)(1)(B) of a species for which a multiple 
                species conservation plan is developed under this 
                subsection, if the Secretary, after the opportunity for 
                public comment on the plan--
                            ``(i) finds that the plan specifies the 
                        information described in subsection (a)(2)(A);
                            ``(ii) makes the findings described in 
                        subsection (a)(2)(B) with respect to the permit 
                        application and the plan; and
                            ``(iii) receives such assurances as the 
                        Secretary may require that the plan will be 
                        implemented.
                    ``(B) A permit issued under this paragraph with 
                respect to a multiple species conservation plan shall 
                be treated as a permit issued under subsection 
                (a)(1)(B) for species for which the plan is 
                developed.''.

SEC. 306. COMPENSATING PROPERTY OWNERS FOR SUBSTANTIALLY DIMINISHED 
              VALUE.

    (a) Amendment To Act.--The Act is amended by inserting after 
section 10 (16 U.S.C. 1539) the following:

                     ``compensation for landowners

    ``Sec. 10A. (a) Eligibility.--A property owner that, as a 
consequence of a final decision of the Secretary pursuant to section 
7(a), section 7(q), or section 10(a), is substantially deprived of the 
economically viable use of property owned or held by the property owner 
is entitled to receive compensation in accordance with this section.
    ``(b) Deadline.--Within 90 days after receipt of a final decision 
of the Secretary under section 7(a), section 7(q), or section 10(a) 
that subtantially deprives a property owner of the economically viable 
use of property owned or held by the property owner, the property owner 
may submit in writing a request to the Secretary for compensation in 
accordance with subsection (c).
    ``(c) Secretary's Offer.--The Secretary, within 180 days after the 
receipt of a request for compensation, shall provide to the property 
owner--
            ``(1) an offer to purchase the affected property of the 
        property owner at a fair market value assuming no use 
        restrictions under this Act; and
            ``(2) an offer to compensate the property owner for the 
        difference between the fair market value of the property 
        without those restrictions and the fair market value of the 
        property with those restrictions.
    ``(d) Property Owner's Response.--A property owner shall have 60 
days after the date of receipt of the Secretary's offers under 
subsection (c) to accept one of the offers or to reject both offers. If 
the property owner rejects both offers, the property owner may submit 
the matter for arbitration to an arbitrator appointed by the Secretary 
from a list of arbitrators submitted to the Secretary by the American 
Arbitration Association. The arbitration shall be conducted in 
accordance with the real estate valuation arbitration rules of that 
association. For purposes of this section, an arbitration shall be 
binding on the Secretary and a property owner as to the amount, if any, 
of compensation owned to the property owner and whether for purposes of 
this section the property owner has been substantially deprived of the 
economically viable use of the affected property.
    ``(e) Other Remedies Not Affected.--Nothing in this section shall 
affect the right of a property owner to pursue any other remedy 
available at law.
    ``(f) Judgment.--A final decision of the Secretary pursuant to 
section 7(a), section 7(q), or section 10(a) that substantially 
deprives a property owner of the economically viable use of the 
property owned or held by the property owner is deemed, at the option 
of the property owner to be a taking under the Constitution of the 
United States and a judgment against the United States if the property 
owner--
            ``(1) accepts an offer by the Secretary under subsection 
        (d); or
            ``(2) submits to arbitration under subsection (d).
    ``(g) Payment.--The Secretary shall pay a property owner any 
compensation required under the terms of an offer of the Secretary that 
is accepted by the property owner in accordance with subsection (d), or 
under a decision of an arbiter under that subsection, by not later than 
60 days after the date of the acceptance or the date the issuance of 
the decision, respectively.
    ``(h) Definitions.--In this section the following definitions 
apply:
            ``(1) Property.--The term `property' means--
                    ``(A) land;
                    ``(B) any interest in land; and
                    ``(C) any proprietary water right.
            ``(2) Property owner.--The term `property owner' means a 
        non-Federal person (other than an officer, employee, agent, 
        department, or instrumentality of a State, municipality, or 
        political subdivision of a State, or a State, municipality, or 
        subdivision of a State) that--
                    ``(A) owns property referred to in paragraph (1) 
                (A) or (B); or
                    ``(B) holds property referred to in paragraph 
                (1)(C).''.
    (b) Conforming Amendment.--The table of contents for the Act is 
amended by inserting after the entry for section 10 the following:

``Sec. 10A. Compensation for property owners.''.

    TITLE IV--PROVIDING FOR HABITAT CONSERVATION INCENTIVE PROGRAMS

SEC. 401. COOPERATIVE MANAGEMENT AGREEMENTS.

    Section 6(b) (16 U.S.C. 1535(b)) is amended to read as follows:
    ``(b) Cooperative Management Agreements.--
            ``(1) In general.--The Secretary may enter into an 
        agreement with any non-Federal person having authority, 
        control, or ownership over the area affected by any listing, 
        proposed listing, or candidacy for listing of a species 
        pursuant to section 4(a)(1), any designation of critical 
        habitat pursuant to section 4(a)(3), or any listing of a 
        species subject to section 4(b)(3)(B)(iii). The agreement shall 
        be known as a `Cooperative Management Agreement' and shall 
        govern the administration and management of an area or areas 
        that the Secretary identifies as habitat for that species.
            ``(2) Initiation or request for agreement.--The Secretary 
        may initiate, or a non-Federal person may submit to the 
        Secretary a request to enter into, a Cooperative Management 
        Agreement. A person shall submit with the request a proposed 
        Cooperative Management Agreement.
            ``(3) Publication and comment.--The Secretary shall publish 
        in the Federal Register--
                    ``(A) a notice of availability of, and a request 
                for public comment on, a proposed Cooperative 
                Management Agreement; and
                    ``(B) each Cooperative Management Agreement entered 
                into by the Secretary.
            ``(4) Hearings.--The Secretary shall hold a public hearing 
        on a proposed Cooperative Management Agreement in each county 
        or parish to which the proposed agreement applies.
            ``(5) Consideration of information.--
                    ``(A) Before entering into a Cooperative Management 
                Agreement, the Secretary shall consider and weigh 
                carefully all information--
                            ``(i) received in response to the request 
                        for comments published under paragraph (3); or
                            ``(ii) presented as testimony in any 
                        hearing held under paragraph (4).
                    ``(B) The Secretary shall publish under paragraph 
                (3)(B) with a Cooperative Management Agreement the 
                response of the Secretary to all information referred 
                to in subparagraph (A) that is received or presented 
                with respect to the agreement.
            ``(6) Approval of proposed agreement.--
                    ``(A) Within 120 days after the submission of a 
                proposed Cooperative Management Agreement in accordance 
                with paragraph (2), the Secretary shall determine 
                whether the proposed agreement--
                            ``(i) is in accordance with this 
                        subsection; and
                            ``(ii) will promote conservation of the 
                        species to which the proposed agreement 
                        applies.
                    ``(B) The Secretary shall approve and enter into a 
                proposed Cooperative Management Agreement with the 
                person that submits the proposed agreement if the 
                Secretary finds that--
                            ``(i) the person has sufficient authority 
                        under law to implement and abide by the terms 
                        of the agreement;
                            ``(ii) the agreement defines an area or 
                        areas that serve as habitat for the species to 
                        which it applies;
                            ``(iii) the agreement provides for the 
                        administration and management of the area or 
                        areas and adequately regulates activities 
                        occurring therein which may not otherwise 
                        promote conservation of the species to which it 
                        applies;
                            ``(iv) the agreement promotes the 
                        conservation of the species to which it applies 
                        by committing non-Federal or Federal efforts to 
                        that conservation; and
                            ``(v) the agreement is adequately funded to 
                        carry out its purposes.
            ``(7) Effect of agreement.--
                    ``(A) Sections 4(a)(1), 4(a)(3), 5, and 7 shall not 
                apply to activities of a person conducted in accordance 
                with a Cooperative Management Agreement.
                    ``(B) Notwithstanding subparagraph (A), an 
                intentional or knowing violation of a Cooperative 
                Management Agreement or a statute or regulation 
                implementing a Cooperative Management Agreement, that 
                has the effect of jeopardizing the continued existence 
                of a species to which the agreement applies shall be 
                considered to be a violation of this Act.
            ``(8) Rescission of agreement.--
                    ``(A) If the Secretary determines after public 
                hearing and opportunity for comment that a person that 
                is a party to a Cooperative Management Agreement is not 
                administering or acting in accordance with the 
                agreement, the Secretary shall notify the person.
                    ``(B) If a person that is notified under 
                subparagraph (A) fails to take appropriate corrective 
                action within a period of time determined by the 
                Secretary to be reasonable (not to exceed 90 days after 
                the date of the notification)--
                            ``(i) the Secretary shall rescind the 
                        Cooperative Management Agreement that is the 
                        subject of the notification; and
                            ``(ii) on and after the date of that 
                        rescission--
                                    ``(I) the agreement shall not be 
                                effective; and
                                    ``(II) sections 4(a)(1), 4(a)(3), 
                                5, and 7 shall apply to activities of 
                                the person.''.

SEC. 402. HABITAT RESERVE GRANTS.

    Section 6(b) (16 U.S.C. 1535(b)), as amended by section 401, is 
further amended by adding at the end the following:
            ``(9) Habitat reserve grants.--
                    ``(A) The Secretary may provide grants to a non-
                Federal person (other than an officer, employee, agent, 
                department, or instrumentality of a State, 
                municipality, or political subdivision of a State, and 
                a State, municipality, or subdivision of a State) for 
                the purpose of preserving habitat for any species that 
                is determined under section 4 to be an endangered 
                species or threatened species.
                    ``(B) The Secretary may annually provide grants 
                under this paragraph if the Secretary determines that--
                            ``(i) the property for which the grant is 
                        provided contains habitat that significantly 
                        contributes to enhancement of the population of 
                        the species;
                            ``(ii) that property has been dedicated to 
                        species conservation for a sufficient period of 
                        time to significantly contribute to enhancement 
                        of the population of the species; and
                            ``(iii) the preservation of that habitat 
                        advances the interest of species conservation.
                    ``(C) A grant under this paragraph is transferable 
                to subsequent owners of the property for which the 
                grant is provided.''.

SEC. 403. CONFORMING AMENDMENTS.

    (a) Section Heading.--Section 6 (16 U.S.C. 1535) is further amended 
by amending the section heading to read as follows: ``cooperation with 
non-federal persons''.
    (b) Table of Contents.--The table of contents for the Act is 
amended by amending the entry for section 6 to read as follows:

``Sec. 6. Cooperation with non-Federal persons.''.

             TITLE V--REAUTHORIZATION AND OTHER AMENDMENTS

SEC. 501. GUIDANCE FOR THE RELEASE OF EXPERIMENTAL POPULATIONS.

    Section 10(j) (16 U.S.C. 1539(j)) is amended--
            (1) in paragraph (2)(B), by inserting--
                    (A) ``and the precise boundaries of the 
                geographical areas for the release'' after 
                ``population'' the second place it appears; and
                    (B) ``whether the release is in the public interest 
                and'' after ``information,'';
            (2) in paragraph (2)(C), by striking ``and'' in clause (i), 
        redesignating clause (ii) as clause (iii), and inserting after 
        clause (i) the following:
                            ``(ii) for purposes of section 4(d) and 
                        9(a)(1)(B), any member of an experimental 
                        population found outside the geographical area 
                        in which the population is released shall not 
                        be treated as a threatened species if it poses 
                        a threat to the well being of the public;''; 
                        and
            (3) by redesignating paragraph (3) as paragraph (4) and 
        inserting after paragraph (2) the following:
    ``(3) In authorizing releases of populations under paragraph (2), 
the Secretary shall require that--
            ``(A) to the extent possible, the releases shall occur only 
        in units of the National Park System or the National Wildlife 
        Refuge System;
            ``(B) releases outside those units occur only in such areas 
        which have been identified as candidate sites for release in 
        the recovery plans for the species of such populations pursuant 
        to section 5;
            ``(C) for any releases outside those units, measures to 
        protect the safety and welfare of the public and domestic 
        animals and the funding therefore are identified in the 
        regulations authorizing the releases and are implemented;
            ``(D) the regulations authorizing the releases shall 
        identify precisely the geographical areas for release;
            ``(E) releases on non-Federal lands shall occur only with 
        the written consent of the owners thereof; and
            ``(F) the regulations authorizing the releases shall 
        include measurable reintroduction goals to restore viable 
        populations only within the specific geographic areas 
        identified for release in such regulations.''.

SEC. 502. RECOGNITION OF CAPTIVE PROPAGATION AS MEANS OF RECOVERY.

    Section 13 (87 Stat. 901; relating to conforming amendments) is 
amended to read as follows:

       ``recognition of captive propagation as means of recovery

    ``Sec. 13. (a) In General.--In carrying out responsibilities of the 
Secretary under sections 4, 5, and 7, the Secretary shall recognize to 
the maximum extent practicable, and may utilize, captive propagation as 
a means of conserving an endangered species or threatened species.
    ``(b) Captive Propagation Grants.--The Secretary may annually 
provide grants to non-Federal persons to fund captive propagation 
programs for the purpose of preserving any species that is determined 
under section 4 to be an endangered species or threatened species, if 
the Secretary determines that the program contributes to enhancement of 
the population of the species.''.

SEC. 503. CLARIFYING THE APPLICATION OF PROHIBITIONS TO THREATENED 
              SPECIES.

    Section 4(d) (16 U.S.C. 1533(d)) is amended by striking the first 
sentence and inserting the following: ``When a species is listed as a 
threatened species pursuant to subsection (c), the Secretary shall 
issue, concurrently with or subsequent to the regulation that provides 
for the listing of the species, regulations the Secretary considers 
necessary and advisable to provide for the conservation of the 
species.''.

SEC. 504. CITIZEN SUITS.

    (a) Section 11(g) (16 U.S.C. 1540(g)) is amended--
            (1) in paragraph (1)(A), by striking ``any person, 
        including the United States and any other governmental 
        instrumentality or agency (to the extent permitted by the 
        eleventh amendment to the Constitution,'' and inserting ``the 
        United States or any agency or official thereof'';
            (2) in the first sentence following subparagraph (C) of 
        paragraph (1), by striking ``or the citizenship of the 
        parties''; and
            (3) in paragraph (3), by striking ``(A)'' and subparagraph 
        (B).
    (b) Section 11(g) (16 U.S.C. 1540(g)) is further amended by adding 
at the end the following:
    ``(6) A non-Federal person (including a person that sustains actual 
or imminent economic injury as a direct or indirect result of a 
violation of this Act or a regulation issued under this Act by the 
United States or any agency or official thereof) may commence a civil 
suit on his or her own behalf and may intervene as a matter of right in 
any suit brought under this Act related to that injury.''.

SEC. 505. INCREASED AUTHORIZATIONS OF APPROPRIATIONS.

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

                   ``authorizations of appropriations

    ``Sec. 15. (a) In General.--Except as provided in subsections (b) 
and (c), there are authorized to be appropriated--
            ``(1) to the Secretary of the Interior, $59,000,000 for 
        fiscal year 1994, $67,000,000 for fiscal year 1995, $76,000,000 
        for fiscal year 1996, $87,000,000 for fiscal year 1997, and 
        $100,000,000 for fiscal year 1998 to carry out this Act;
            ``(2) to the Secretary of Commerce, $13,500,000 for fiscal 
        year 1994, $15,000,000 for fiscal year 1995, $16,500,000 for 
        fiscal year 1996, $18,000,000 for fiscal year 1997, and 
        $20,000,000 for fiscal year 1998 to carry out this Act; and
            ``(3) to the Secretary of Agriculture, $3,000,000 for 
        fiscal year 1994, $3,300,000 for fiscal year 1995, $3,600,000 
        for fiscal year 1996, $4,000,000 for fiscal year 1997, and 
        $4,300,000 for fiscal year 1998 to carry out functions and 
        responsibilities of the Secretary of Agriculture with respect 
        to the enforcement of this Act and the Convention which pertain 
        to the importation or exportation of plants.
    ``(b) Exemptions From Act.--There are authorized to be appropriated 
to the Secretary to enable the Secretary and the Endangered Species 
Committee to carry out their functions under sections 7 (e), (g), (h), 
and (r) $625,000 for each of fiscal years 1994, 1995, 1996, 1997, and 
1998.
    ``(c) Convention Implementation.--There are authorized to be 
appropriated to the Secretary of the Interior for carrying out section 
8A(e) $600,000 for each of fiscal years 1994, 1995, and 1996, and 
$700,000 for each of fiscal years 1997 and 1998. Amounts appropriated 
under this subsection shall remain available until expended.''.

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