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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 768 Introduced in Senate (IS)]

104th CONGRESS
  1st Session
                                 S. 768

To amend the Endangered Species Act of 1973 to reauthorize the Act, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                  May 9 (legislative day, May 1), 1995

 Mr. Gorton (for himself, Mr. Johnston, Mr. Shelby, Mr. Breaux and Mr. 
   Packwood) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
To amend the Endangered Species Act of 1973 to reauthorize the Act, and 
                          for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Endangered Species 
Act Reform Act of 1995''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents; references.
Sec. 2. Purposes.
  TITLE I--ENSURING THE INTEGRITY OF THE LISTING AND CRITICAL HABITAT 
                         DESIGNATION PROCESSES

Sec. 101. Requiring peer review.
Sec. 102. Considering State, local, and foreign government activities.
Sec. 103. Improving the collection and analysis of scientific 
                            information.
Sec. 104. Improving public hearings in the listing process.
Sec. 105. Considering breeding populations in making listing 
                            determinations.
Sec. 106. Providing equal access to judicial review.
Sec. 107. Setting a standard for emergency rulemaking.
  TITLE II--BROADENING THE RECOVERY PLAN TO CONSTITUTE A CONSERVATION 
PLAN AND MAKING THE CONSERVATION PLAN CENTRAL TO THE IMPLEMENTATION OF 
                   THE ENDANGERED SPECIES ACT OF 1973

Sec. 201. Providing for coordination of conservation decisionmaking for 
                            a species after the listing determination; 
                            ensuring timely, comprehensive, and 
                            effective conservation plans.
Sec. 202. Providing transition periods for conservation plan 
                            preparation.
Sec. 203. Making technical and conforming amendments to ensure that 
                            conservation objectives and plans are the 
                            focus of management under the Endangered 
                            Species Act of 1973.
 TITLE III--IMPROVING THE CONSULTATION AND CONFERENCING PROCESSES FOR 
                         FEDERAL AGENCY ACTIONS

Sec. 301. Clarifying the consultation and conferencing standards.
Sec. 302. Identifying when consultation is required.
Sec. 303. Making the consultation deadlines binding.
Sec. 304. Enhancing applicant participation.
Sec. 305. Specifying the reasonable and prudent alternatives 
                            identification process.
Sec. 306. Clarifying the relationship of the consultation requirement 
                            with the land management planning 
                            requirements for Federal lands.
Sec. 307. Further clarifying Federal agency responsibilities.
Sec. 308. Clarifying the effects of secondary impacts.
Sec. 309. Requiring risk assessment and cost benefit analyses in the 
                            consultation process.
Sec. 310. Eliminating the Endangered Species Committee.
  TITLE IV--ENSURING THAT THE COMPLIANCE PROCEDURES AND STANDARDS FOR 
  NON-FEDERAL PERSONS ARE NOT MORE BURDENSOME THAN THE PROCEDURES AND 
                STANDARDS APPLICABLE TO FEDERAL AGENCIES

Sec. 401. Establishing consultation procedures with respect to private 
                            actions.
Sec. 402. Defining the taking prohibition in accordance with the intent 
                            of Congress.
Sec. 403. Clarifying the application of taking prohibitions.
Sec. 404. Authorizing the issuance of general permits.
Sec. 405. Improving the non-Federal conservation planning process.
Sec. 406. Encouraging exchanges to protect habitat on non-Federal 
                            lands.
     TITLE V--PROVIDING FOR HABITAT CONSERVATION INCENTIVE PROGRAMS

Sec. 501. Providing for cooperative management agreements.
Sec. 502. Providing for habitat reserve grants.
 TITLE VI--OTHER AMENDMENTS MAKING THE ENDANGERED SPECIES ACT OF 1973 
                   MORE EFFECTIVE AND LESS BURDENSOME

Sec. 601. Providing guidance for the release of experimental 
                            populations.
Sec. 602. Recognizing captive propagation as a means of recovery.
Sec. 603. Clarifying the application of prohibitions to threatened 
                            species.
Sec. 604. Encouraging research on alternative methods and technologies.
Sec. 605. Modifying enforcement authority.
Sec. 606. Providing adequate notice of hearings.
Sec. 607. Ensuring the protection of private property rights.
Sec. 608. Ensuring the use of water rights in accordance with existing 
                            State laws.
Sec. 609. Providing for Federal cost-sharing of implementation costs 
                            imposed under conservation plans or agency 
                            consultations.
Sec. 610. Enhancing public educational opportunities.
            TITLE VII--AUTHORIZING INCREASED APPROPRIATIONS

Sec. 701. Reauthorizing the Endangered Species Act of 1973.
    (c) References to 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.).

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to improve and protect the integrity of the programs 
        established under the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.) for the conservation of endangered species and 
        threatened species;
            (2) to ensure the scientific validity of decisions to 
        designate the species and the critical habitat of the species;
            (3) to ensure balanced consideration of all impacts of 
        decisions implementing the Act;
            (4) to make the conservation planning process central to, 
        and reduce the number of decisions needed for, the 
        implementation of the Act;
            (5) to provide for equitable treatment of non-Federal 
        persons and Federal agencies under the Act;
            (6) to ameliorate the impact of the Act on, and provide 
        less costly and time-consuming procedures for, non-Federal 
        lands; and
            (7) to encourage non-Federal persons to contribute 
        voluntarily to species conservation.

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

SEC. 101. REQUIRING PEER REVIEW.

    Section 4 (16 U.S.C. 1533) is amended by adding at the end the 
following:
    ``(j) Peer Review Requirement.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Action.--The term `action' means--
                            ``(i) the determination that a species is 
                        an endangered species or a threatened species 
                        under subsection (a)(1);
                            ``(ii) the determination under subsection 
                        (a)(1) that an endangered species or a 
                        threatened species be removed from any list 
                        published under subsection (c); and
                            ``(iii) the designation, or revision of the 
                        designation, of critical habitat for an 
                        endangered species or a threatened species 
                        under section 5(m).
                    ``(B) Qualified individual.--The term `qualified 
                individual' means an individual with appropriate 
                knowledge, training, or experience who--
                            ``(i) is not otherwise employed by or under 
                        contract to the Secretary of the Interior or 
                        the Secretary of Commerce; and
                            ``(ii) who has not participated in the 
                        listing decision.
            ``(2) Notice of right to seek peer review.--On publication 
        of the notice of proposed rulemaking for a proposed action, the 
        Secretary shall provide notice of the right to seek peer review 
        of the proposed action, by publication in the Federal Register 
        and in 1 or more newspapers of general circulation in each area 
        affected by the proposed action. Any interested person may 
        request the Secretary to conduct a peer review of the proposed 
        action by submitting the request to the Secretary not later 
        than 45 days after the date of publication of the notice.
            ``(3) Peer review.--If an interested person submits, in 
        accordance with paragraph (2), a request for a peer review of 
        an action, the Secretary shall appoint, from among individuals 
        recommended by the head of the National Academy of Sciences, 3 
        qualified individuals who shall review, and report to the 
        Secretary on, the scientific information and analyses on which 
        the proposed action is based.
            ``(4) Publication of results of peer review.--The Secretary 
        shall publish with any final regulation implementing an action 
        a summary of the report of the peer review panel described in 
        paragraph (3) and the response of the Secretary to the 
        report.''.

SEC. 102. CONSIDERING STATE, LOCAL, AND FOREIGN GOVERNMENT ACTIVITIES.

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

SEC. 103. IMPROVING THE COLLECTION AND ANALYSIS OF SCIENTIFIC 
              INFORMATION.

    (a) State Participation.--Section 4(b)(1)(A) (16 U.S.C. 
1533(b)(1)(A)) is amended--
            (1) by striking ``best scientific and commercial data 
        available to him'' and inserting ``best reasonably obtainable 
        scientific information''; and
            (2) by inserting after ``and after'' the following: 
        ``soliciting and fully considering the best reasonably 
        obtainable scientific information concerning the status of a 
        species from the appropriate State, if any, and''.
    (b) Federal Government Responsibility.--Section 4(b) (16 U.S.C. 
1533(b)) is amended by adding at the end the following:
            ``(9) Scientific information.--
                    ``(A) In general.--The Secretary shall identify and 
                publish in the Federal Register, with each proposed 
                regulation promulgated under subsection (a)(1) or 
                section 5(m), a description of--
                            ``(i) the efforts to field test all 
                        scientific information used as a basis for the 
                        regulation; and
                            ``(ii) any additional scientific 
                        information that has not been collected and 
                        that is necessary to ensure the scientific 
                        validity of the determination, along with a 
                        plan and deadlines for collecting the 
                        additional information.
                    ``(B) Public review and comment.--The Secretary 
                shall provide an opportunity for public review and 
                comment on the scientific information referred to in 
                subparagraph (A)(ii).''.
    (c) Best Reasonably Obtainable Scientific Information.--
            (1) Definitions.--Section 3 (16 U.S.C. 1532) is amended--
                    (A) by redesignating paragraphs (15) through (21) 
                as paragraphs (21) through (27), respectively;
                    (B) by redesignating paragraphs (12) through (14) 
                as paragraphs (17) through (19), respectively;
                    (C) by redesignating paragraph (10) as paragraph 
                (13);
                    (D) by redesignating paragraphs (5) through (9) as 
                paragraphs (7) through (11), respectively;
                    (E) by redesignating paragraphs (2) through (4) as 
                paragraphs (3) through (5), respectively; and
                    (F) by inserting after paragraph (1) the following:
            ``(2) Best reasonably obtainable scientific information.--
        The term `best reasonably obtainable scientific information' 
        means information obtainable from both public sector and 
        private sector sources.''.
            (2) Applicability.--
                    (A) Basis for determinations.--Section 4(b) (16 
                U.S.C. 1533(b)) is amended--
                            (i) in paragraph (3)(B)(iii), by striking 
                        ``data'' and inserting ``best reasonably 
                        obtainable scientific information'';
                            (ii) in paragraph (6)(B)(i), by striking 
                        ``data'' each place it appears and inserting 
                        ``best reasonably obtainable scientific 
                        information'';
                            (iii) in the last sentence of paragraph 
                        (7), by striking ``best appropriate data 
                        available to him'' and inserting ``best 
                        reasonably obtainable scientific information''; 
                        and
                            (iv) in paragraph (8), by striking ``data'' 
                        each place it appears and inserting ``best 
                        reasonably obtainable scientific information''.
                    (B) Cooperative agreements.--Section 6(c)(2)(B) (16 
                U.S.C. 1535(c)(2)(B)) is amended by striking ``data'' 
                and inserting ``best reasonably obtainable scientific 
                information''.
                    (C) Biological assessment.--The second sentence of 
                section 7(c)(1) (16 U.S.C. 1536(c)(1)) is amended by 
                striking ``best scientific and commercial data 
                available'' and inserting ``best reasonably obtainable 
                scientific information''.
                    (D) Notice and review of exemptions.--The second 
                sentence of section 10(c) (16 U.S.C. 1539(c)) is 
                amended by striking ``data'' and inserting 
                ``information''.

SEC. 104. IMPROVING PUBLIC HEARINGS IN THE LISTING PROCESS.

    Section 4(b)(5) (16 U.S.C. 1533(b)(5)) is amended by striking 
subparagraph (E) and inserting the following:
            ``(E) promptly hold at least 2 hearings in each State in 
        which the species proposed for determination as an endangered 
        species or a threatened species is located (including at least 
        1 hearing in an affected rural area if 1 or more rural areas 
        within the State are affected by the determination), except 
        that the Secretary may not be required to hold more than 10 
        hearings under this subparagraph.''.

SEC. 105. CONSIDERING BREEDING POPULATIONS IN MAKING LISTING 
              DETERMINATIONS.

    Section 4(b) (16 U.S.C. 1533(b)) is amended--
            (1) by striking paragraph (2);
            (2) by redesignating paragraph (1)(B) as paragraph (2);
            (3) in paragraph (1), by adding at the end the following:
                    ``(B) Consideration of bred populations.--In making 
                a determination whether a species is an endangered 
                species or a threatened species under this section, the 
                Secretary shall fully consider populations of the 
                species that are bred through private sector, 
                university, and Federal, State, and local government 
                breeding programs for release in the habitat of the 
                species. In the case of fish species, the bred 
                populations referred to in the preceding sentence shall 
                include hatchery populations.''; and
            (4) in paragraph (2) (as so redesignated), by redesignating 
        clauses (i) and (ii) as subparagraphs (A) and (B), 
        respectively.

SEC. 106. PROVIDING 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) Judicial review.--Any negative 
                        finding described in subparagraph (A) or any 
                        finding described in subparagraph (B) shall be 
                        subject to judicial review.''.

SEC. 107. SETTING A STANDARD FOR EMERGENCY RULEMAKING.

    (a) In General.--Section 4(b)(7) (16 U.S.C. 1533(b)(7)) is 
amended--
            (1) in the first sentence, by striking ``a significant risk 
        to the well-being of'' and inserting ``an imminent threat to 
        the existence of''; and
            (2) by adding at the end the following: ``The Secretary may 
        not delegate the final decision to issue an emergency 
        regulation under this paragraph.''.
    (b) Definition of Imminent Threat to the Existence Of.--Section 3 
(16 U.S.C. 1532) is further amended by inserting after paragraph (11) 
(as redesignated by section 103(c)(1)) the following:
            ``(12) Imminent threat to the existence of.--The term 
        `imminent threat to the existence of', with respect to a 
        species, means, as determined by the Secretary under section 
        4(b)(7) or the President under section 5(o)(2) solely on the 
        basis of the best reasonably obtainable scientific information, 
        that there is a significant likelihood that the species will be 
        placed on an irreversible course to extinction during the 2-
        year period beginning on the date of the listing determination, 
        unless the species is accorded fully the protections available 
        under this Act during the period.''.
  TITLE II--BROADENING THE RECOVERY PLAN TO CONSTITUTE A CONSERVATION 
PLAN AND MAKING THE CONSERVATION PLAN CENTRAL TO THE IMPLEMENTATION OF 
                   THE ENDANGERED SPECIES ACT OF 1973

SEC. 201. PROVIDING FOR COORDINATION OF CONSERVATION DECISIONMAKING FOR 
              A SPECIES AFTER THE LISTING DETERMINATION; ENSURING 
              TIMELY, COMPREHENSIVE, AND EFFECTIVE CONSERVATION PLANS.

    (a) In General.--The Act is amended--
            (1) by redesignating section 5 (16 U.S.C. 1534) as section 
        5A; and
            (2) by inserting after section 4 (16 U.S.C. 1533) the 
        following:

``SEC. 5. COORDINATION OF SPECIES CONSERVATION EFFORTS; SPECIES 
              CONSERVATION PLANS.

    ``(a) Species Protection.--Upon a determination that a species is 
endangered or threatened, the Secretary shall consider whether to--
            ``(1) issue 1 or more incidental taking permits under 
        section 10;
            ``(2) enter into 1 or more cooperative management 
        agreements under section 6;
            ``(3) commence the development of a conservation objective 
        under this section; or
            ``(4) carry out a combination of the activities described 
        in paragraphs (1) through (3).
    ``(b) Schedule for Conservation Objective Establishment.--The 
Secretary shall publish a conservation objective for an affected 
species under subsection (e) not later than 30 days after the date of 
issuance of the assessment and planning team report under subsection 
(d).
    ``(c) Appointment of Assessment and Planning Team.--
            ``(1) In general.--Not later than 30 days after the date of 
        a determination described in subsection (a), the Secretary 
        shall appoint an assessment and planning 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) such representatives from each affected State 
                as are nominated by the Governor of the State; and
                    ``(C) representatives nominated by affected local 
                governments.
            ``(2) Inapplicability of federal advisory committee act.--
        The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
        apply to an assessment and planning team appointed under this 
        subsection.
    ``(d) Assessments.--Not later than 180 days after the date of a 
determination described in subsection (a), the assessment and planning 
team shall report to the Secretary concerning the following factors 
with respect to the affected species:
            ``(1) Biological assessment.--The team shall assess--
                    ``(A) the biological considerations necessary to 
                carry out this Act;
                    ``(B) the biological significance of the species;
                    ``(C) the geographic range and occupied habitat of 
                the species;
                    ``(D) the current population of the species;
                    ``(E) the population trend of the species;
                    ``(F) the technical practicality of recovering the 
                species;
                    ``(G) the potential management measures capable of 
                recovering or reducing the risks to survival of the 
                species, including--
                            ``(i) enhancement of the viability of 
                        natural populations at selected locations;
                            ``(ii) control of predators and 
                        competitors;
                            ``(iii) supplemental feeding;
                            ``(iv) other measures to increase the 
                        quantities or accessibility of food supplies; 
                        and
                            ``(v) other measures to enhance 
                        reproductive success and survival of young;
                    ``(H) the contribution of existing or potential 
                captive breeding programs for the species; and
                    ``(I) whether any management measure might include 
                release of an experimental population of the species 
                outside the current range of the species and, if the 
                release is required, an identification of each likely 
                geographic area for the release.
            ``(2) Economic assessment.--The team shall assess the 
        direct, indirect, and cumulative economic and social impacts on 
        both the public and private
         sectors that may result from the listing of the species, 
including any effects on any county, parish, State, or multi-State 
region or any segment of the national economy, and the potential 
management measures identified under paragraph (1), including--
                    ``(A) the cost of governmental actions and the 
                impacts on tax and other revenues;
                    ``(B) the impacts on employment;
                    ``(C) the impacts on the use and value of property; 
                and
                    ``(D) the impacts on other social, cultural, and 
                community values.
            ``(3) Intergovernmental assessment.--The team shall assess 
        the impacts that may result from the listing of the species and 
        the potential management measures identified under paragraph 
        (1) on State and local land use laws, conservation measures, 
        and water allocation policies.
    ``(e) Secretarial Establishment of a Conservation Objective and 
Determination of Whether To Prepare a Conservation Plan for the 
Species.--
            ``(1) Publication.--After considering the report of the 
        assessment and planning team under, and the factors described 
        in, subsection (d), the Secretary shall publish in the Federal 
        Register, in accordance with the schedule established under 
        subsection (b), a conservation objective for the affected 
        species, together with a statement of findings on which the 
        conservation objective was established.
            ``(2) Range of conservation objectives.--The conservation 
        objective, which the Secretary shall establish within the 
        discretion of the Secretary, may be--
                    ``(A) recovery of the affected species;
                    ``(B) such level of conservation of the species and 
                any critical habitat to be designated as the Secretary 
                considers practicable and reasonable to the extent that 
                the benefits of the conservation measures justify the 
                human and economic costs of implementation for the 
                Federal Government, State, and local governments, the 
                private sector (including any permit or license 
                applicants), and affected private individuals and 
                organizations;
                    ``(C) no Federal action other than enforcement 
                against any person whose activity violates the 
                prohibitions specified in section 9(a), including any 
                activity that results in a taking of the species, 
                unless the taking is incidental to, and not the purpose 
                of, the carrying out of an otherwise lawful activity; 
                or
                    ``(D) such other objective as the Secretary may 
                determine that does not provide a lesser level of 
                protection than the level described in subparagraph 
                (C).
            ``(3) No conservation plan.--If the conservation objective 
        established by the Secretary is the objective provided in 
        paragraph (2)(C), the Secretary shall not prepare a 
        conservation plan under subsection (g).
    ``(f) National Interest Determination Within Establishment of a 
Conservation Objective for Distinct Population Segments.--The Secretary 
may establish a conservation objective, other than the objective 
provided in subsection (e)(2)(C), for a distinct population segment 
designated under section 4(a) after the date of enactment of this 
subsection only if the Secretary issues, in conjunction with the 
conservation objective, a determination that the objective is in the 
national interest based on biological, social, and economic 
considerations.
    ``(g) Schedule for Conservation Plan Preparation.--Except as 
provided in subsection (e)(3), the Secretary shall--
            ``(1) direct the assessment and planning team to prepare a 
        draft conservation plan for the affected species that includes 
        alternative strategies required under subsection (i);
            ``(2) not later than 1 year after the date of a 
        determination described in subsection (a), publish a draft 
        conservation plan for the affected species and a draft 
        regulation to designate any habitat of the species as critical 
        habitat under subsection (m); and
            ``(3) not later than 18 months after the date of a 
        determination described in subsection (a), publish a final 
        conservation plan for the affected species and a final 
        regulation to designate any habitat of the species as critical 
        habitat under subsection (m).
    ``(h) Conservation Plan Priorities.--In the development and 
implementation of a conservation plan or plan revision under this 
section, the Secretary shall accord priority to--
            ``(1) the development of an integrated plan for 2 or more 
        endangered species or threatened species that are likely to 
        benefit from an integrated plan;
            ``(2) the 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 conservation measures that have 
        the least economic and social costs.
    ``(i) Alternative Strategies.--On the basis of the assessments made 
under subsection (d), the assessment and planning team shall include, 
in each draft conservation plan and plan revision, alternative 
strategies to achieve the conservation objective for the affected 
species. The alternative strategies shall range from a strategy 
requiring the least possible Federal management to achieve the 
conservation objective to a strategy involving more intensive Federal 
management to achieve the objective. Each alternative strategy 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 any site-specific management 
        measures recommended for the alternative;
            ``(3) an analysis of the relationship of any habitat of the 
        species proposed for designation as critical habitat to the 
        site-specific measures;
            ``(4) a description of the direct and indirect costs to the 
        public and private sectors, including effects on employment, 
        any multi-State region, or any segment of the national economy, 
        that may result from the alternative;
            ``(5) a description of any social dislocation that may 
        result from the alternative;
            ``(6) an analysis of any impacts that the alternative would 
        have on the use and value of property;
            ``(7) a description of any captive breeding program 
        recommended for the alternative;
            ``(8) an analysis of whether the alternative would include 
        any release of an experimental population outside the current 
        range of the species and an identification of candidate 
        geographic areas for the release;
            ``(9) a clear differentiation between--
                    ``(A) any matters recommended generally for Federal 
                agencies to conserve the species under section 7(a)(1);
                    ``(B) any matters recommended for Federal agency 
                actions to avoid being likely to jeopardize the 
                continued existence of the species as determined under 
                section 7(a)(2); and
                    ``(C) any matters recommended for any person to 
                avoid a taking of the species prohibited under section 
                4(d) or 9(a)(1);
            ``(10) objective and measurable criteria, including a 
        population level target, that, if met, would result in a 
        determination under section 4 that the species be removed from 
        a list published under section 4(c)(1);
            ``(11) estimates of the time and costs required to carry 
        out the actions needed to achieve the conservation objective 
        and to achieve intermediate steps toward the objective; and
            ``(12) a description of the role of each affected State, if 
        any, in achieving the conservation objective.
    ``(j) Procedures.--
            ``(1) Consultation with states.--The Secretary shall 
        consult with the Governor of each State in which the affected 
        species is located during the preparation of each draft and 
        final conservation plan or plan revision.
            ``(2) Publication and public comment.--The Secretary shall 
        publish in the Federal Register and a newspaper of general 
        circulation in each affected county and parish--
                    ``(A) a notice of the availability, and a summary, 
                of each draft conservation plan or plan revision and 
                each draft regulation designating any critical habitat; 
                and
                    ``(B) a request for the submission of comments on 
                the draft conservation plan or plan revision and the 
                draft regulation.
            ``(3) Hearings.--The Secretary shall hold at least 2 
        hearings on each draft conservation plan or plan revision in 
        each State to which the plan or revision would apply (including 
        at least 1 hearing in an affected rural area if 1 or more rural 
        areas within the State are affected by the determination), 
        except that the Secretary may not be required to hold more than 
        10 hearings under this paragraph.
            ``(4) Consideration of comments by the secretary.--Prior to 
        any decision to adopt a final conservation plan or plan 
        revision, the Secretary shall consider and weigh carefully all 
        information presented during each hearing held under paragraph 
        (3) or received in response to a request for comments published 
        under paragraph (2)(B).
    ``(k) Publication of Final Conservation Plan.--Not later than the 
date of publication of a final conservation plan under subsection 
(g)(3), the Secretary shall publish in the Federal Register a notice of 
the availability, and a summary, of a final conservation plan or plan 
revision. The notice shall include a detailed description of--
            ``(1) the reasons for the selection of the final 
        conservation plan or plan revision;
            ``(2) the reasons for not selecting each of the other 
        alternatives included in the draft conservation plan or plan 
        revision under subsection (i);
            ``(3) the effect of the priorities specified in subsection 
        (h) on the selection; and
            ``(4) the response of the Secretary to the information 
        referred to in subsection (j)(4).
    ``(l) Participation by Other Persons.--In developing and 
implementing conservation plans and plan revisions, the Secretary may 
use the services of appropriate public and private agencies and 
institutions and other qualified persons.
    ``(m) Critical Habitat Designation.--
            ``(1) Designation.--The Secretary may, by regulation under 
        subsection (g) and this subsection and to the maximum extent 
        prudent and determinable--
                    ``(A) designate any habitat of the affected species 
                that is considered to be critical habitat and that 
                supports the conservation objective for the species; 
                and
                    ``(B) revise a critical habitat designation on 
                determining that the critical habitat does not support 
                the conservation objective.
            ``(2) Basis for designation.--The designation of critical 
        habitat, and any revision of the designation, shall be made on 
        the basis of the best reasonably obtainable scientific 
        information after taking into consideration the economic 
        impact, and any other relevant impact, of designating any 
        particular area as critical habitat and of the determination 
        made under section 4(a)(1).
            ``(3) Economic impacts.--
                    ``(A) Description.--In issuing any draft regulation 
                designating critical habitat of an endangered species 
                or a threatened species, or revision of the 
                designation, the Secretary shall describe the economic 
                impacts and other relevant impacts that are to be 
                considered under paragraph (2), and the benefits that 
                are to be weighed under paragraph (4), in designating 
                an area as critical habitat.
                    ``(B) Submission to bureau of labor statistics.--
                The Secretary shall submit the description, and the 
                documentation supporting the description, to the Bureau 
                of Labor Statistics of the Department of Labor. The 
                Commissioner of Labor Statistics shall submit written 
                comments during the comment period on the proposed 
                regulation. In issuing any final regulation designating 
                critical habitat, the Secretary shall respond 
                separately and fully to each comment.
            ``(4) Consideration of costs and benefits.--The Secretary 
        shall exclude any area from critical habitat for which the 
        Secretary determines that the benefits of the exclusion 
        outweigh the benefits of designating the area as part of the 
        critical habitat, unless the Secretary determines, on the basis 
        of the best reasonably obtainable scientific information, that 
        the failure to designate the area as critical habitat will 
        create an imminent threat to the existence of the species.
    ``(n) Effects of Actions Consistent With the Conservation Objective 
and Plan.--If a conservation plan is prepared under subsection (g) or 
if a conservation objective is established that is described in 
subsection (e)(3)--
            ``(1) any Federal agency that determines that the actions 
        of the agency are consistent with the provisions of the 
        conservation plan under subsection (i)(9)(A) or the 
        conservation objective shall be considered to comply with 
        section 7(a)(1) for the affected species;
            ``(2) any agency action that the Federal agency determines 
        is consistent with the provisions of the conservation plan 
        under subsection (i)(9)(B) or the conservation objective shall 
        not be subject to section 7(a)(2) for the species, except that 
        a Federal agency--
                    ``(A) may initiate consultation under section 
                7(a)(2) if the agency desires guidance from the 
                Secretary on the consistency of the action of the 
                agency with the plan or objective; and
                    ``(B) shall initiate consultation under section 
                7(a)(2) on any action that the agency determines is 
                inconsistent with the plan or objective; and
            ``(3) any action of any person that is consistent with the 
        provisions of the conservation plan under subsection (i)(9)(C) 
        or the conservation objective shall not constitute a violation 
        concerning the species of any applicable prohibition under 
        section 4(d) or 9(a), except that the person may initiate 
        consultation under section 10(a)(3) if the person--
                    ``(A) desires guidance from the Secretary on the 
                consistency of the action with the plan or objective; 
                or
                    ``(B) desires to obtain a permit under section 10 
                for any action that is inconsistent with the plan or 
                objective.
    ``(o) Interim Management.--
            ``(1) In general.--Prior to the publication of a 
        conservation objective described in subsection (e)(3) or a 
        final conservation plan under subsection (g)(2), the entering 
        into of a cooperative management agreement, or the issuance of 
        an incidental taking permit with respect to an endangered 
        species or a threatened species--
                    ``(A) the prohibitions of section 9(a) shall apply 
                to any person, except in the case of a taking by a 
                person that is incidental to, and not the purpose of, 
                the carrying out of an otherwise lawful activity, which 
                incidental taking activity may include the routine 
                operation, maintenance, or repair of any structure, 
                building, road, dam, airport, or any irrigation or 
                other facility that is in operation prior to the 
                publication of the listing determination under section 
                4(b)(6); and
                    ``(B) no Federal agency shall be required to comply 
                with section 7(a)(1) and no consultation shall be 
                required on any agency action under section 7(a)(2).
            ``(2) Emergency periods.--
                    ``(A) In general.--Notwithstanding paragraph (1) 
                and subject to subparagraph (B), paragraphs (1) and (2) 
                of section 7(a) and section 9(a) shall apply fully to 
                the affected species during a period in which an 
                emergency rulemaking is in effect under section 
                4(b)(7).
                    ``(B) Expiration of declaration.--Any declaration 
                of the Secretary described in subparagraph (A) shall 
                expire on--
                            ``(i) the date of publication of a 
                        conservation objective described in subsection 
                        (e)(3); or
                            ``(ii) the date of publication of a final 
                        conservation plan.
            ``(3) Extension of interim management period.--The 
        Secretary shall make every effort to issue any incidental 
        taking permit, or enter into any cooperative management 
        agreement, not later than 18 months after the date of a 
        determination described in subsection (a). If no such permit 
        has been issued or agreement entered into, the Secretary may 
        extend the interim management period applicable to that portion 
        of the affected species to which the permit or agreement would 
        apply for an additional period of not to exceed 18 months if 
        the Secretary determines that satisfactory progress is being 
        made toward issuance of the permit or entering into of the 
        agreement.
    ``(p) Suspension of Conservation Plan or Objective.--
            ``(1) In general.--If, at any time after the date of 
        publication of a conservation objective described in subsection 
        (e)(3) or a final conservation plan under subsection (g)(3), 
        the Secretary issues an incidental taking permit or enters into 
        a cooperative management agreement, the Secretary, by 
        publication of notice in the Federal Register, shall suspend 
        the conservation objective or conservation plan with respect to 
        the portion of the species to which the permit or agreement 
        applies.
            ``(2) Suspension of measures within a plan.--If a Federal 
        contribution for costs incurred under a conservation plan 
        required under section 16 is not made, the applicable provision 
        of the conservation plan shall be suspended until such time as 
        the full contribution is made. If the suspended provision 
        includes a conservation easement or other instrument 
        restricting title to property, nonpayment of the full 
        contribution for a period of more than 4 consecutive years 
        shall result in the nullification of the previously granted 
        restriction on title.
    ``(q) Nondelegation of Duties.--The Secretary may not delegate the 
authority to issue an emergency rule or the final decision to establish 
a conservation objective or issue a conservation plan under this 
section.
    ``(r) Report.--Not later than 2 years after the date of enactment 
of this subsection and biennially thereafter, the Secretary shall 
report to the Committee on Environment and Public Works of the Senate 
and the Committee on Resources of the House of Representatives on the 
status of efforts to develop and implement conservation plans for all 
species included in a list published under section 4(c)(1) and on the 
status of all species for which the plans have been developed.
    ``(s) Review of Conservation Plans.--
            ``(1) In general.--The Secretary shall--
                    ``(A) review each conservation plan and 
                conservation objective before the end of the 5-year 
                period that begins on the date of publication of the 
                plan, and before the end of each 5-year period 
                thereafter; and
                    ``(B) determine whether the conservation plan and 
                conservation objective meets the requirements of this 
                section.
            ``(2) Revisions.--The Secretary shall revise a conservation 
        plan or conservation objective if the Secretary determines--
                    ``(A) through a 5-year review under paragraph (1), 
                that the conservation plan or conservation objective 
                does not meet the requirements of this section; or
                    ``(B) at any time--
                            ``(i) that funding is not available for the 
                        implementation of a specific conservation 
                        measure that is integral to the conservation 
                        plan or that a more cost-effective alternative 
                        exists for a specific conservation measure that 
                        is integral to the conservation plan; or
                            ``(ii) on the basis of scientific 
                        information that was not available during the 
                        development of the conservation objective or 
                        conservation plan, that the conservation 
                        objective is not achievable or the conservation 
                        plan will not achieve the conservation 
                        objective.
            ``(3) Applicable requirements to revisions.--Any revision 
        of a conservation plan or conservation objective shall be 
        undertaken in accordance
         with the requirements of this section applicable to 
preparation of a conservation plan or conservation objective.
    ``(t) Standard of Review.--The standard for judicial review of any 
decision of the Secretary, or a Federal agency under this section shall 
be whether the decision is arbitrary, capricious, an abuse of 
discretion, or otherwise not in accordance with law.
    ``(u) Other Plans Protecting Listed Species.--Any conservation 
measure that provides protection to a species listed as endangered or 
threatened that is carried out under a plan developed under the Pacific 
Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839 
et seq.) shall be considered to be part of the conservation plan for 
the species for the purpose of any cost-sharing arrangement under 
section 16.''.
    (b) Definition of Critical Habitat.--Section 3 (16 U.S.C. 1532) is 
further amended in paragraph (7) (as redesignated by section 
103(c)(1))--
            (1) by striking ``(7)(A)'' and all that follows through the 
        end of subparagraph (A) and inserting the following:
            ``(7) Critical habitat.--
                    ``(A) In general.--The term `critical habitat' for 
                an endangered species or a threatened species means the 
                specific areas within the geographic area occupied by a 
                species at the time the species is listed in accordance 
                with section 4 that contain such physical or biological 
                features as--
                            ``(i) are essential to the persistence of 
                        the species over the 50-year period beginning 
                        on the date the regulation designating the 
                        critical habitat, or any revision of the 
                        regulation, is promulgated; and
                            ``(ii) may require special management 
                        considerations or protection.''; and
            (2) in subparagraph (C), by striking ``which can be''.
    (c) Conforming Amendments.--
            (1) Section 6(d)(1) (16 U.S.C. 1535(d)(1)) is amended by 
        striking ``section 4(g)'' and inserting ``section 4(f)''.
            (2) Section 10(f)(5) (16 U.S.C. 1539(f)(5)) is amended by 
        striking the last sentence.
            (3) Section 7(a)(1) of the Land and Water Conservation Fund 
        Act of 1965 (16 U.S.C. 460l-9(a)(1)) is amended by striking 
        ``section 5(a)'' and inserting ``section 5A(a)''.
            (4) Section 5(b) of Public Law 103-64 (16 U.S.C. 460iii-4) 
        is amended by striking ``section 5(b) of the Endangered Species 
        Act of 1973 (16 U.S.C. 1534(b))'' and inserting ``section 5A(b) 
        of the Endangered Species Act of 1973''.
            (5) Section 101(a)(5)(E)(i)(II) of the Marine Mammal 
        Protection Act of 1972 (16 U.S.C. 1371(a)(5)(E)(i)(II)) is 
        amended by striking ``a recovery plan has been developed or is 
        being developed for such species or stock pursuant to the'' and 
        inserting ``a conservation plan has been developed or is being 
        developed for the species or stock pursuant to section 5 of 
        the''.
            (6) Section 104(c)(4) of the Marine Mammal Protection Act 
        of 1972 (16 U.S.C. 1374(c)(4)) is amended--
                    (A) in subparagraph (A)(ii)--
                            (i) in subclause (I), by striking ``any 
                        recovery plan developed under section 4(f)'' 
                        and inserting ``any conservation plan developed 
                        under section 5''; and
                            (ii) in subclause (II)--
                                    (I) by striking ``or recovery''; 
                                and
                                    (II) by striking ``or a recovery 
                                plan''; and
                    (B) in subparagraph (B)(iii), by striking 
                ``recovery plan'' and inserting ``conservation plan''.
            (7) Section 115(b)(2) of the Marine Mammal Protection Act 
        of 1972 (16 U.S.C. 1383b(b)(2)) is amended by striking 
        ``recovery plans required under section 4(f) of the Endangered 
        Species Act of 1973 (16 U.S.C. 1533(f))'' and inserting 
        ``conservation plans required under section 5 of the Endangered 
        Species Act of 1973''.
            (8) Section 118(f)(11) of the Marine Mammal Protection Act 
        of 1972 (16 U.S.C. 1387(f)(11)) is amended by striking 
        ``recovery plan developed for such species or stock under 
        section 4'' and inserting ``conservation plan developed for the 
        species or stock under section 5''.

SEC. 202. PROVIDING TRANSITION PERIODS FOR CONSERVATION PLAN 
              PREPARATION.

    (a) Expedited Conservation Plan Issuance.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the Secretary (as defined in section 3 
        of the Endangered Species Act of 1973 (16 U.S.C. 1532)) shall 
        publish a list of all species that were determined to be 
        endangered species or threatened species under section 4 of the 
        Act (16 U.S.C. 1533) for which no final recovery plans were 
        issued under section 4(f) of the Act (16 U.S.C. 1533(f)) (as in 
        effect on the day before the date of enactment of this Act).
            (2) Species listed in more than 1 state.--In the case of a 
        species that is listed as endangered or threatened in more than 
        1 State, the Secretary shall publish under section 5 of the 
        Endangered Species Act of 1973 (as amended by section 201) a 
        conservation objective not later than 210 days, a draft 
        conservation plan not later than 1 year, and a final 
        conservation plan not later than 18 months, after the date of 
        enactment of this Act, unless a conservation objective is 
        published that is described in section 5(e)(3) of the Act.
            (3) Species listed in 1 state.--In the case of a species 
        that is listed as endangered or threatened in 1 State, the 
        Secretary shall publish a conservation objective under section 
        5 of the Act (as amended by section 201) as expeditiously as 
        practicable.
    (b) Existing Recovery Plans.--
            (1) In general.--A final recovery plan issued under section 
        4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)) 
        (as in effect on the day
         before the date of enactment of this Act) shall continue to 
apply to a species until a final revision of the final recovery plan is 
published under this subsection. Not later than 90 days after the date 
of enactment of this Act, the Secretary shall publish a list of all 
species that were determined to be endangered species or threatened 
species under section 4 of the Endangered Species Act of 1973 (16 
U.S.C. 1533) for which final recovery plans were issued under section 
4(f) of the Act (16 U.S.C. 1533(f)) (as in effect on the day before the 
date of enactment of this Act).
            (2) Species listed in more than 1 state.--In the case of a 
        species subject to a final recovery plan described in paragraph 
        (1) that is listed in more than 1 State, the Secretary shall 
        commence the development of a conservation objective under 
        section 5 of the Endangered Species Act of 1973 (as amended by 
        section 201) as expeditiously as practicable, but not later 
        than 2 years after the date of enactment of this Act. Upon the 
        commencement of the development of a conservation objective, 
        the schedules established under section 5 of the Act shall 
        apply.
            (3) Species listed in 1 state.--Not later than 1 year after 
        the date of enactment of this Act, the Secretary shall publish 
        a plan for the orderly review of all final recovery plans 
        described in paragraph (1) that are not subject to paragraph 
        (2). In reviewing the plans, the Secretary shall first review--
                    (A) those plans with respect to which conflicts 
                between the conservation of a species and development 
                projects or other forms of economic activity exist or 
                are likely to exist; and
                    (B) those plans that have adverse social or 
                economic impacts on affected communities or State or 
                local governments.
            (4) Rescission of recovery plan.--If the Secretary 
        publishes a conservation objective described in section 5(e)(3) 
        of the Act (as amended by section 201) for any species subject 
        to this subsection, the final recovery plan applicable to the 
        species shall be rescinded.
            (5) Prohibition on additional requirements.--No increase in 
        a population target or objective, other measurable criterion, 
        or site-specific management action may be required by the 
        Secretary or any other Federal agency in addition to the 
        requirements of a final recovery plan issued under section 4(f) 
        of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)) (as 
        in effect on the day before the date of enactment of this Act), 
        until such time as a conservation objective has been published 
        under section 5 of the Act (as amended by section 201) in 
        accordance with this subsection.
    (c) Existing Biological Opinions.--In conjunction with the issuance 
of a conservation objective described in section 5(e)(3) of the Act (as 
amended by section 201) or a conservation plan under subsection (a) or 
(b), the Secretary (as defined in section 3 of the Endangered Species 
Act of 1973 (16 U.S.C. 1532)) shall review and reissue, in accordance 
with section 7 of the Act (as amended by this Act), any written opinion 
of the Secretary issued after January 1, 1995, that relates to the 
affected listed species and was issued under section 7(b)(3) of the Act 
(16 U.S.C. 1536(b)(3)) (as in effect on the day before the date of 
enactment of this Act).

SEC. 203. MAKING TECHNICAL AND CONFORMING AMENDMENTS TO ENSURE THAT 
              CONSERVATION OBJECTIVES AND PLANS ARE THE FOCUS OF 
              MANAGEMENT UNDER THE ENDANGERED SPECIES ACT OF 1973.

    (a) Table of Contents.--The table of contents in the first section 
(16 U.S.C. prec. 1531) is amended by striking the item relating to 
section 5 and inserting the following:

``Sec. 5. Coordination of species conservation efforts; species 
                            conservation plans.
``Sec. 5A. Land acquisition.''.
    (b) Definitions of Conservation Objective and Plan.--Section 3 (16 
U.S.C. 1532) is further amended by striking paragraph (4) (as 
redesignated by section 103(c)(1)) and inserting the following:
            ``(4) Conservation objective; conservation plan.--The terms 
        `conservation objective' and `conservation plan' (except when 
        modified by `non-Federal') mean a conservation objective and a 
        conservation plan, respectively, developed under section 5.''.
    (c) Critical Habitat Designations.--Section 4 (16 U.S.C. 1533) (as 
amended by section 101) is further amended--
            (1) in subsection (a), by striking paragraph (3);
            (2) in subsection (b)--
                    (A) in paragraph (3), by striking subparagraph (D);
                    (B) in paragraph (5), by striking ``determination, 
                designation, or revision referred to in subsection (a) 
                (1) or (3),'' and inserting ``determination referred to 
                in subsection (a)(1),'';
                    (C) in paragraph (6)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``Register'' and 
                                all that follows through ``(i) if'' and 
                                inserting the following: ``Register, 
                                if'';
                                    (II) by striking ``species, or a 
                                revision of critical habitat,'' and 
                                inserting ``species'';
                                    (III) by striking clause (ii);
                                    (IV) by striking ``(I) a'' and 
                                inserting the following:
            ``(i) a'';
                                    (V) by striking ``(II) a'' and 
                                inserting the following:
            ``(ii) a'';
                                    (VI) by striking ``(III) notice'' 
                                and inserting the following:
            ``(iii) notice'';
                                    (VII) by striking ``(IV) notice'' 
                                and inserting the following:
            ``(iv) notice''; and
                                    (VIII) in clause (iv) (as amended 
                                by subclause (VII)), by striking 
                                ``based; or'' and inserting ``based.'';
                            (ii) in subparagraph (B)--
                                    (I) in clause (i), by striking ``or 
                                revision concerned''; and
                                    (II) in clause (iii), by striking 
                                ``or revision concerned, a finding that 
                                the revision should not be made,''; and
                            (iii) by striking subparagraph (C); and
                    (D) in paragraph (8), by striking ``regulation; and 
                if such regulation designates or revises critical 
                habitat, such summary shall, to the maximum extent 
                practicable, also include a brief description and 
                evaluation of those activities (whether public or 
                private) which, in the opinion of the Secretary, if 
                undertaken may adversely modify such habitat, or may be 
                affected by such designation.'' and inserting 
                ``regulation.'';
            (3) by striking subsection (f); and
            (4) by redesignating subsections (g) through (j) as 
        subsections (f) through (i), respectively.
    (d) Secretarial Guidelines.--Section 4(g)(4) (16 U.S.C. 1533(h)(4)) 
(as redesignated by subsection (c)(4)) is amended by striking 
``recovery plans under subsection (f) of this section'' and inserting 
``conservation objectives and conservation plans''.
    (e) Consultation Process.--Section 7 (16 U.S.C. 1536) is amended--
            (1) in subsection (a)--
                    (A) in the second sentence of paragraph (1), by 
                striking ``All'' and inserting ``Except as provided in 
                subsections (e)(3), (n)(1), and (o)(1)(B) of section 5, 
                all'';
                    (B) in paragraph (2)--
                            (i) in the first sentence, by striking 
                        ``Each'' and inserting ``Except as provided in 
                        subsections (e)(3), (n)(2), and (o)(1)(B) of 
                        section 5, each''; and
                            (ii) by inserting after the first sentence 
                        the following: ``As provided in section 
                        5(n)(2), each Federal agency may initiate 
                        consultation with the Secretary to receive 
                        guidance from the Secretary on the consistency 
                        of an agency action with the conservation 
                        objective or conservation plan for the species, 
                        with an incidental taking permit for the 
                        species, or with a cooperative management 
                        agreement concerning the species.''; and
                    (C) in paragraph (3), by striking ``project'' and 
                inserting ``project, that the project is inconsistent 
                with the conservation objective or conservation plan, 
                an incidental taking permit, or a cooperative 
                management agreement, for the species,''; and
            (2) in the first sentence of subsection (b)(3)(A), by 
        inserting after ``detailing'' the following: ``whether the 
        agency action is consistent with the conservation objective or 
        plan, an incidental taking permit, or a cooperative management 
        agreement, or''.
    (f) Prohibited Acts.--Section 9(a) (16 U.S.C. 1538(a)) is amended 
by striking ``sections 6(g)(2) and 10 of this Act'' each place it 
appears in paragraphs (1) and (2) and inserting ``section 6(g)(2), 
subsections (n)(3) and (o) of section 5, and section 10''.
    (g) Non-Federal Conservation Plans.--Section 10(a)(2) (16 U.S.C. 
1539(a)(2)) is amended by inserting ``non-Federal'' before 
``conservation plan'' each place it appears in subparagraphs (A) and 
(B).

 TITLE III--IMPROVING THE CONSULTATION AND CONFERENCING PROCESSES FOR 
                         FEDERAL AGENCY ACTIONS

SEC. 301. CLARIFYING THE CONSULTATION AND CONFERENCING STANDARDS.

    (a) Consultation and Conferencing Standard.--Section 7(a) (16 
U.S.C. 1536(a)) is amended--
            (1) in the first sentence of paragraph (2), 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 the species in a manner that is likely to jeopardize the 
        continued existence of the species,''; and
            (2) in paragraph (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''.
    (b) Jeopardy Definition.--Section 3 (16 U.S.C. 1532) is further 
amended by inserting after paragraph (13) (as redesignated by section 
103(c)(1)) the following:
            ``(15) Likely to jeopardize the continued existence of.--
        The term `likely to jeopardize the continued existence of', 
        with respect to an action or activity affecting an endangered 
        species or a threatened species, means an action or activity 
        that significantly diminishes the likelihood of the survival of 
        the species in the wild by significantly reducing the numbers 
        or distribution of the entire species.''.

SEC. 302. IDENTIFYING WHEN CONSULTATION IS REQUIRED.

    Section 7(a) (16 U.S.C. 1536(a)) is amended--
            (1) in paragraph (2)--
                    (A) in the first sentence, by striking ``shall, in 
                consultation with and with the assistance of the 
                Secretary, insure'' and inserting ``shall ensure''; and
                    (B) by inserting after the first sentence the 
                following: ``In the case of any agency action that is 
                subject to this paragraph and that is likely to 
                significantly and adversely affect an
                 endangered species or a threatened species, the 
Federal agency shall fulfill the requirements of this paragraph in 
consultation with and with the assistance of the Secretary.''; and
            (2) by adding at the end the following:
            ``(5) Actions exempt from consultation and conferencing.--
        Consultation and conferencing under paragraphs (2) and (4) 
        shall not be required for any agency action that--
                    ``(A) is consistent with the provisions of a final 
                conservation plan under section 5(n) or a conservation 
                objective described in section 5(e)(3);
                    ``(B) is consistent with a cooperative management 
                agreement or an incidental taking permit;
                    ``(C) addresses a critical, imminent threat to 
                public health or safety or a catastrophic natural 
                event; or
                    ``(D) consists of routine maintenance or repair to 
                a Federal or non-Federal project or facility.
            ``(6) Actions not constituting takings.--An agency action 
        shall not constitute a taking of a species prohibited by this 
        Act or any regulation issued under this Act if the action is 
        consistent with--
                    ``(A) the actions provided for in a final 
                conservation plan under section 5(n) or a conservation 
                objective described in section 5(e)(3); or
                    ``(B) a cooperative management agreement or an 
                incidental taking permit.''.

SEC. 303. MAKING THE CONSULTATION DEADLINES BINDING.

    Section 7(b)(1) (16 U.S.C. 1536(b)(1)) is amended--
            (1) in subparagraph (A), by striking ``initiated or, 
        subject to subparagraph (B), within such other period of time 
        as is mutually agreeable to the Secretary and the Federal 
        agency.'' and inserting ``initiated by the Federal agency. The 
        period may be extended by not more than 45 days by the 
        Secretary or head of the Federal agency by publication of 
        notice in the Federal Register that sets forth the reasons for 
        the extension. Consultation on an agency action involving a 
        permit or license applicant shall be concluded not later than 
        the earlier of--
            ``(i) 1 year after the date of submission of the 
        application to the Federal agency; or
            ``(ii) the end of the period established under subparagraph 
        (B).'';
            (2) in subparagraph (B)--
                    (A) in the first sentence--
                            (i) by striking ``In'' and inserting 
                        ``Subject to subparagraph (A), in''; and
                            (ii) in clause (ii), by striking ``150 or 
                        more days'' and inserting ``on or after the 
                        150th day but before the 210th day''; and
                    (B) by striking the second sentence; and
            (3) by adding at the end the following:
                    ``(C) Effect of failure to timely conclude 
                consultation.--If consultation is not concluded and the 
                written statement of the Secretary required under 
                paragraph (3)(A) is not provided to the Federal agency 
                by the applicable deadline established under this 
                paragraph, the requirements of subsection (a)(2) shall 
                be deemed met and the Federal agency may proceed with 
                the agency action.''.

SEC. 304. ENHANCING APPLICANT PARTICIPATION.

    (a) Nature of Participation.--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,''; and
            (2) in subsection (b)(1), by adding after subparagraph (C) 
        (as added by section 303(3)) the following:
                    ``(D) Participation by applicant.--A permit or 
                license applicant shall be entitled to participate 
                fully in any consultation or conferencing under this 
                section with respect to any agency action required for 
                the granting of an authorization or provision of 
                funding to the applicant.''.
    (b) Definition of Applicant.--Section 3 (16 U.S.C. 1532) is further 
amended by striking paragraph (17) (as redesignated by section 
103(c)(1)) and inserting the following:
            ``(17) Permit or license applicant.--The term `permit or 
        license applicant' means, with respect to the consultation 
        procedures established by section 7, any person that requires 
        authorization or funding from a Federal agency as a 
        prerequisite to conducting an activity (including a party to a 
        written lease, right-of-way, license, contract to purchase or 
        provide a product or service, or other permit with a Federal 
        agency) that requires an action from the agency to obtain the 
        benefit of the activity.''.

SEC. 305. SPECIFYING THE REASONABLE AND PRUDENT ALTERNATIVES 
              IDENTIFICATION PROCESS.

    (a) Identification.--Section 7(b)(3)(A) (16 U.S.C. 1536(b)(3)(A)) 
is amended by striking the second sentence and inserting the following: 
``If the Secretary determines that the action is likely to jeopardize 
the continued existence of the species as described in subsection (a), 
the Secretary shall suggest reasonable and prudent alternatives 
(considering any reasonable and prudent alternatives undertaken by 
other Federal agencies) that are consistent with subsection (a)(2) and 
that impose the least social and economic costs.''.
    (b) Definition.--Section 3 (16 U.S.C. 1532) is further amended by 
inserting after paragraph (19) (as redesignated by section 103(c)(1)) 
the following:
            ``(20) Reasonable and prudent alternative.--The term 
        `reasonable and prudent alternative' means an alternative 
        action identified under section 7(b)(3) during consultation on 
        an agency action that--
                    ``(A) can be implemented in a manner consistent 
                with the intended purpose of the action;
                    ``(B) can be implemented consistent with the scope 
                of the legal authority and jurisdiction of the Federal 
                agency;
                    ``(C) is economically and technologically feasible; 
                and
                    ``(D) the Secretary believes would avoid being 
                likely to jeopardize the continued existence of the 
                species.''.

SEC. 306. CLARIFYING THE RELATIONSHIP OF THE CONSULTATION REQUIREMENT 
              WITH THE LAND MANAGEMENT PLANNING REQUIREMENTS FOR 
              FEDERAL LANDS.

    Section 7(d) (16 U.S.C. 1536(d)) is amended--
            (1) by striking ``Resources.--After''; and inserting the 
        following: ``Resources.--
            ``(1) In general.--Except as provided in paragraph (2), 
        after''; and
            (2) by adding at the end the following:
            ``(2) Relationship to land management planning 
        requirements.--If the listing of a species, or other procedure 
        or decision related to a species listed under section 4(c)(1), 
        requires consultation under subsection (a)(2) on a land use 
        plan or land or resource management plan (or an amendment to or 
        revision of the plan) prepared under section 202 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1712) or 
        section 6 of the Forest and Rangeland Renewable Resources 
        Planning Act of 1974 (16 U.S.C. 1604), the land management 
        agency implementing the plan may authorize, fund, or carry out 
        an agency action that is consistent with the plan prior to the 
        completion of the consultation, if, under the procedures 
        established by this section, the head of the land management 
        agency responsible for the action determines or has determined 
        that the action--
                    ``(A) is not likely to significantly and adversely 
                affect the species; or
                    ``(B) is likely to significantly and adversely 
                affect the species, and the Secretary issues an opinion 
                on the action that finds that the action--
                            ``(i) is not likely to jeopardize the 
                        continued existence of the species; or
                            ``(ii) is likely to jeopardize the 
                        continued existence of the species, and the 
                        agency agrees to a reasonable and prudent 
                        alternative.''.

SEC. 307. FURTHER CLARIFYING FEDERAL AGENCY RESPONSIBILITIES.

    Section 7(a) (16 U.S.C. 1536(a)) is further amended--
            (1) in the last sentence of paragraph (2), by striking 
        ``best scientific and commercial data available'' and inserting 
        ``best reasonably obtainable scientific information, shall 
        consider any opinion and any reasonable and prudent 
        alternatives developed under subsection (b)(3)(A), and shall 
        render the decision of the agency in a manner consistent with 
        the obligations and responsibilities of the agency under each 
        applicable law and treaty''; and
            (2) by adding after paragraph (6) (as added by section 
        302(2)) the following:
            ``(7) Relationship to duties under other laws.--
                    ``(A) In general.--The responsibilities of a 
                Federal agency under this section shall not supersede 
                duties assigned to the Federal agency by any other laws 
                or by any treaties.
                    ``(B) Resolution of conflicts.--
                            ``(i) Request by the agency.--If a Federal 
                        agency determines that the responsibilities and 
                        duties described in subparagraph (A) are in 
                        irreconcilable conflict, the action agency 
                        shall request the President to resolve the 
                        conflict.
                            ``(ii) Decision by the president.--In 
                        determining a resolution to such a conflict, 
                        the President shall consider and choose the 
                        course of action that best meets the public 
                        interest and, to the extent possible, balances 
                        pursuit of the conservation objective or the 
                        purposes of the conservation plan with pursuit 
                        of the purposes of the other laws or treaties. 
                        The authority assigned to the President by this 
                        subparagraph may not be delegated to a member 
                        of the executive branch who has not been 
                        confirmed by the Senate.
            ``(8) Modification of projects and facilities.--Any 
        consultation and conferencing required under paragraphs (2) and 
        (4) for an agency action that consists solely of a modification 
        of a Federal, State, local government, or private project or 
        facility shall be limited to the consideration of the effects 
        that result from the modification that comprises the agency 
        action.''.

SEC. 308. CLARIFYING THE EFFECTS OF SECONDARY IMPACTS.

    Section 7(b)(3)(A) (16 U.S.C. 1536(b)(3)(A)) is amended--
            (1) by striking ``(3)(A) Promptly'' and inserting the 
        following:
            ``(3) Written opinion of secretary.--
                    ``(A) Issuance.--
                            ``(i) In general.--Promptly''; and
            (2) by adding at the end the following:
                            ``(ii) Scope.--Unless required by law other 
                        than subsections (a) through (d), the 
                        Secretary, in any opinion or statement 
                        concerning an agency action made under this 
                        subsection (including any reasonable and 
                        prudent alternative suggested under clause (i) 
                        or any reasonable and prudent measure specified 
                        under clause (ii) of paragraph (4)), and the 
                        head of the Federal agency proposing the agency 
                        action, may not require, provide for, or 
                        recommend the imposition of any restriction or 
                        obligation on the activity of any person that 
                        is not authorized, funded, carried out, or 
                        otherwise subject to regulation by the Federal 
                        agency. Nothing in this clause prevents the 
                        Secretary from pursuing any appropriate remedy 
                        under section 11 for any activity prohibited by 
                        section 4(d) or 9.''.

SEC. 309. REQUIRING RISK ASSESSMENT AND COST BENEFIT ANALYSES IN THE 
              CONSULTATION PROCESS.

    Section 7(b) (16 U.S.C. 1536(b)) is amended by adding at the end 
the following:
            ``(5) Risk assessment.--
                    ``(A) In general.--Any opinion of the Secretary 
                provided under this subsection shall include a clear 
                and concise statement that--
                            ``(i) describes and, to the extent 
                        practicable, quantifies the risks to endangered 
                        species, threatened species, or critical 
                        habitat to be addressed by the opinion;
                            ``(ii) compares the risks to endangered 
                        species, threatened species, or critical 
                        habitat to be addressed by the terms of the 
                        opinion to other risks chosen by the Secretary, 
                        including--
                                    ``(I) the risks to at least 3 other 
                                species listed as endangered or 
                                threatened under section 4(a); and
                                    ``(II) such other risks as the 
                                Secretary considers appropriate;
                            ``(iii) estimates--
                                    ``(I) the costs to the Federal 
                                Government, State and local 
                                governments, the applicant, and the 
                                private sector of implementing and 
                                complying with the elements of the 
                                opinion described in clause (i); and
                                    ``(II) the benefits of the elements 
                                of the opinion described in clause (i);
                        including both quantifiable measures of costs 
                        and benefits, to the fullest extent that the 
                        costs and benefits can be estimated, and 
                        qualitative measures that are difficult to 
                        quantify; and
                            ``(iv) contains a certification by the 
                        Secretary that--
                                    ``(I) the analyses performed under 
                                clauses (i) through (iii) are based on 
                                the best reasonably obtainable 
                                scientific information;
                                    ``(II) the elements of the opinion 
                                described in clause (i) are likely to 
                                significantly reduce the risks to the 
                                endangered species, threatened species, 
                                or critical habitat addressed by the 
                                opinion;
                                    ``(III) there is no regulatory or 
                                administrative alternative that is 
                                allowed by this Act that would achieve 
                                an equivalent reduction in risk in a 
                                more cost-effective manner, along with 
                                a brief explanation of why other such 
                                regulatory or administrative 
                                alternatives that were considered by 
                                the Secretary were found to be less 
                                cost-effective; and
                                    ``(IV) the elements of the opinion 
                                described in clause (i) are likely to 
                                produce benefits to endangered species, 
                                threatened species, or critical habitat 
                                that will justify the costs to the 
                                Federal Government, State and local 
                                governments, any applicant, and the 
                                private sector of implementing and 
                                complying with the elements.
                    ``(B) No effect on other law or action.--Nothing in 
                this paragraph--
                            ``(i) affects any other Federal law;
                            ``(ii) changes the factors that the 
                        Secretary shall consider under this subsection 
                        in issuing the opinion; or
                            ``(iii) shall delay any action required to 
                        meet a deadline imposed by statute or a court.
                    ``(C) No effect on rights.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), nothing in this section creates 
                        any right to judicial review, or creates any 
                        right or benefit, substantive or procedural, 
                        enforceable at law or equity by a party against 
                        the United States, agencies, instrumentalities, 
                        officers, or employees of the United States, or 
                        any other person.
                            ``(ii) Exception.--Each risk assessment, 
                        cost-benefit analysis, certification, and peer 
                        review report prepared under this section shall 
                        be made part of the administrative review of 
                        any final agency action to which it relates. If 
                        the elements of the opinion described in 
                        subparagraph (A)(i) are subject to judicial 
                        review under any other law, the adequacy of the 
                        certification prepared under subparagraph 
                        (A)(iv), and any alleged failure to comply with 
                        this paragraph, may not be used as independent 
                        grounds for affecting or invalidating the 
                        opinion, although the adequacy of compliance or 
                        any failure to comply may be considered by the 
                        court solely for the purpose of determining 
                        whether a final agency action is arbitrary and 
                        capricious or an abuse of discretion under 
                        section 706(2)(A) of title 5, United States 
                        Code.''.

SEC. 310. ELIMINATING THE ENDANGERED SPECIES COMMITTEE.

    Section 7 (16 U.S.C. 1536) is amended--
            (1) in the first sentence of subsection (a)(2), by striking 
        ``, unless such agency has been granted an exemption for such 
        action by the Committee under subsection (h) of this section'';
            (2) in subsection (c)--
                    (A) by striking ``(1)''; and
                    (B) by striking paragraph (2);
            (3) by striking subsection (e) and inserting the following:
    ``(e) Exemptions.--Notwithstanding any other provision of this 
Act--
            ``(1) the Secretary shall grant an exemption from this Act 
        for any activity if the Secretary of Defense determines that 
        the exemption of the activity is necessary for reasons of 
        national security; and
            ``(2) the President may grant an exemption from this Act 
        for any area that the President has declared to be a major 
        disaster area under the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5121 et seq.) for any 
        project for the repair or replacement of a public facility 
        substantially as the facility existed prior to the disaster 
        under section 405 or 406 of the Act (42 U.S.C. 5171 and 5172), 
        if the President determines that the project--
                    ``(A) is necessary to prevent the recurrence of 
                such a natural disaster and to reduce the potential 
                loss of human life; and
                    ``(B) involves an emergency situation that does not 
                allow the procedures of this Act (other than this 
                subsection) to apply.''; and
            (4) by striking subsections (f) through (p).
  TITLE IV--ENSURING THAT THE COMPLIANCE PROCEDURES AND STANDARDS FOR 
  NON-FEDERAL PERSONS ARE NOT MORE BURDENSOME THAN THE PROCEDURES AND 
                STANDARDS APPLICABLE TO FEDERAL AGENCIES

SEC. 401. ESTABLISHING CONSULTATION PROCEDURES WITH RESPECT TO PRIVATE 
              ACTIONS.

    (a) In General.--Section 10 (16 U.S.C. 1539) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)(A), by striking ``No'' and 
                inserting ``Except as provided in paragraph (3), no''; 
                and
                    (B) by adding at the end the following:
            ``(3) Consultation.--
                    ``(A) In general.--Subject to such regulations as 
                the Secretary may issue, any non-Federal person may 
                initiate consultation with the Secretary on any 
                prospective activity of the person--
                            ``(i) to determine if the activity is 
                        consistent or inconsistent with a conservation 
                        plan or conservation objective, an incidental 
                        taking permit, or a cooperative management 
                        agreement; or
                            ``(ii) if the person determines that the 
                        activity is inconsistent, to determine whether 
                        the activity is likely to jeopardize the 
                        continued existence of an endangered species or 
                        a threatened species, or to destroy or 
                        adversely modify the designated critical 
                        habitat of the species in a manner that is 
                        likely to jeopardize the continued existence of 
                        the species.
                    ``(B) Duration of consultation.--A consultation 
                under subparagraph (A) shall conclude not later than 90 
                days after the date on which the consultation is 
                initiated, or not later than such other date as is 
                mutually agreeable to the Secretary and the person 
                initiating the consultation.
                    ``(C) Written opinion of secretary.--
                            ``(i) In general.--As soon as practicable 
                        after the conclusion of consultation under 
                        subparagraph (A), the Secretary shall provide 
                        to the person initiating the consultation a 
                        written statement setting forth the opinion of 
                        the Secretary, and a summary of the information 
                        on which the opinion is based, describing in 
                        detail whether the prospective activity is 
                        consistent with the documents referred to in 
                        subparagraph (A)(i) and how the prospective 
                        activity affects the species or the critical 
                        habitat of the species as described in 
                        subparagraph (A)(ii).
                            ``(ii) Determination of no jeopardy.--If 
                        the Secretary determines under clause (i) that 
                        the activity is not likely to jeopardize the 
                        continued existence of the species as described 
                        in subparagraph (A)(ii), the Secretary shall 
                        provide to the person initiating the 
                        consultation a statement that the proposed 
                        activity will not jeopardize the continued 
                        existence of the species.
                            ``(iii) Determination of likely jeopardy.--
                        If the Secretary determines under clause (i) 
                        that the activity is likely to jeopardize the 
                        continued existence of the species as described 
                        in subparagraph (A)(ii), the Secretary shall 
                        suggest the reasonable and prudent alternatives 
                        that the Secretary determines would not be 
                        likely to jeopardize the continued existence of 
                        the species and that can be taken by the person 
                        initiating the consultation in carrying out the 
                        activity.
                    ``(D) Issuance of permit.--After the conclusion of 
                consultation under subparagraph (A), if the person 
                initiating the consultation so requests, the Secretary 
                shall issue a permit under paragraph (1)(B) to the 
                person if the Secretary determines that--
                            ``(i)(I) the activity of the person 
                        initiating the consultation is not likely to 
                        jeopardize the continued existence of the 
                        species as described in subparagraph (A)(ii); 
                        or
                            ``(II) the person has accepted a reasonable 
                        and prudent alternative offered by the 
                        Secretary under subparagraph (C)(iii), in which 
                        case the Secretary shall issue a permit 
                        requiring the alternative; and
                            ``(ii)(I) no taking of an endangered 
                        species or a threatened species incidental to 
                        the activity or alternative will occur; or
                            ``(II) the taking of an endangered species 
                        or a threatened species incidental to the 
                        activity or alternative may occur but is not 
                        likely to jeopardize the continued existence of 
                        the species as described in subparagraph 
                        (A)(ii).
                    ``(E) Revocation of permit.--The Secretary shall 
                revoke a permit issued under this paragraph if the 
                Secretary determines that the permittee is not 
                complying with the terms and conditions of the permit.
                    ``(F) Permits for incidental taking.--If a 
                determination is made under subparagraph (D)(ii)(II) 
                that an incidental taking may occur, a permit issued 
                under paragraph (1)(B) shall--
                            ``(i) describe the impact of the incidental 
                        taking on the species;
                            ``(ii) specify the reasonable and prudent 
                        measures that the Secretary considers necessary 
                        or appropriate to minimize the impact; and
                            ``(iii) specify the terms and conditions 
                        that the person initiating the consultation 
                        shall comply with to implement the measures.
                    ``(G) Interim actions by person.--After the 
                initiation of consultation under subparagraph (A), the 
                person initiating the consultation may not make any 
                irreversible or irretrievable commitment of resources 
                with respect to the activity that is the subject of the 
                consultation if the commitment has the effect of 
                foreclosing the formulation or implementation of any 
                reasonable and prudent alternative or measure that 
                would not be likely to have an effect described in 
                subparagraph (A)(ii).
                    ``(H) Biological and environmental assessments.--
                Any consultation initiated under subparagraph (A), and 
                the activity that is the subject of the consultation, 
                shall not be subject to section 7(c) of this Act or 
                section 102(2) of the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4332(2)).
                    ``(I) Takings.--Notwithstanding section 4(d) and 
                subparagraphs (B) and (C) of section 9(a)(1) of this 
                Act and sections 101 and 102 of the Marine Mammal 
                Protection Act of 1972 (16 U.S.C. 1371 and 1372), 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 
                subparagraph (C)(ii) shall not be considered to be a 
                prohibited taking under this Act if--
                            ``(i) the Secretary determines that the 
                        action is not likely to jeopardize the 
                        continued existence of the species under 
                        subparagraph (C)(ii); or
                            ``(ii) the taking is in compliance with the 
                        terms and conditions of a permit issued in 
                        accordance with subparagraph (D).''; and
            (2) in the first sentence of subsection (c), by striking 
        ``this section'' and inserting ``subsections (a)(2) and (b)''.
    (b) Definitions.--
            (1) Incidental taking permit.--Section 3 (16 U.S.C. 1532) 
        is further amended by inserting after paragraph (13) (as 
        redesignated by section 103(c)(1)) the following:
            ``(14) Incidental taking permit.--The term `incidental 
        taking permit' means a permit issued under section 
        10(a)(1)(B).''.
            (2) Non-federal person.--Section 3 (16 U.S.C. 1532) is 
        further amended by inserting after paragraph (15) (as added by 
        section 301(b)) the following:
            ``(16) Non-federal person.--The term `non-Federal person' 
        means a person other than an officer, employee, agent, 
        department, or instrumentality of the Federal Government or a 
        foreign government, acting in the official capacity of the 
        person.''.

SEC. 402. DEFINING THE TAKING PROHIBITION IN ACCORDANCE WITH THE INTENT 
              OF CONGRESS.

    Section 3 (16 U.S.C. 1532) is further amended by striking paragraph 
(25) (as redesignated by section 103(c)(1)) and inserting the 
following:
            ``(25) Take.--
                    ``(A) In general.--The term `take' means to harass, 
                harm, pursue, hunt, shoot, wound, kill, trap, capture, 
                or collect, or to attempt to engage in that conduct.
                    ``(B) Harm.--In subparagraph (A), the term `harm' 
                means to take a direct action against any member of an 
                endangered species of fish or wildlife that actually 
                injures or kills a member of the species.''.
SEC. 403. CLARIFYING THE APPLICATION OF TAKING 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) Permitted takings.--An activity of a non-Federal 
        person is deemed not to constitute a taking of a species if the 
        activity--
                    ``(A) is consistent with the provisions of a final 
                conservation plan or conservation objective;
                    ``(B) complies with the terms and conditions of an 
                incidental taking permit or a cooperative management 
                agreement;
                    ``(C) addresses a critical, imminent threat to 
                public health or safety or a catastrophic natural 
                event; or
                    ``(D) is incidental to, and not the purpose of, the 
                carrying out of an otherwise lawful activity that 
                occurs within an area of the territorial sea or 
                exclusive economic zone established by Proclamation 
                Numbered 5030, dated March 10, 1983, that is not 
                designated as critical habitat under section 5(m), and 
                the affected species is not a species of fish.''.

SEC. 404. AUTHORIZING THE ISSUANCE OF GENERAL PERMITS.

    Section 10(a) (16 U.S.C. 1539(a)) is further amended by adding 
after paragraph (3) (as added by section 401(a)(1)(B)) the following:
            ``(4) General permits.--
                    ``(A) In general.--After providing notice and 
                opportunity for public hearing, the Secretary may issue 
                a general permit under paragraph (1)(B) on a county, 
                parish, State, regional, or nationwide basis for any 
                category of activities that may affect a species that 
                is included in a list published under section 4(c)(1) 
                if the Secretary determines that the activities in the 
                category are similar in nature, will cause only minimal 
                adverse effects on the species if performed separately, 
                and will have only minimal cumulative adverse effects 
                on the species generally. A general permit issued under 
                this paragraph shall specify the requirements and 
                standards that apply to an activity authorized by the 
                general permit.
                    ``(B) Duration.--A general permit issued under this 
                paragraph shall be effective for a period to be 
                specified by the Secretary, but not to exceed the 5-
                year period that begins on the date of issuance of the 
                permit.
                    ``(C) Revocation or modification.--The Secretary 
                may revoke or modify a general permit if, after 
                providing notice and 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 in a list 
                published under section 4(c)(1) or that the activities 
                are more appropriately authorized by individual permits 
                issued under paragraph (1) or (3).''.

SEC. 405. IMPROVING THE NON-FEDERAL CONSERVATION PLANNING PROCESS.

    (a) Scope of Non-Federal Conservation Plan.--Section 10(a)(2) (16 
U.S.C. 1539(a)(2)) is amended--
            (1) by redesignating subparagraph (C) as subparagraph (H); 
        and
            (2) by inserting after subparagraph (B) the following:
                    ``(C) Scope of permit.--The Secretary may not 
                require the applicant, as a condition of processing the 
                application or issuing the permit, to expand the 
                application to include land, an interest in land, or a 
                proprietary water right not owned by the applicant or 
                to address a species other than the species for which 
                the application is made, unless the Secretary 
                determines that the requirement will not appreciably 
                increase the time or cost of processing the application 
                or the cost of implementing the permit.
                    ``(D) Environmental assessments.--The preparation 
                and approval of a non-Federal conservation plan and 
                issuance of a permit under paragraph (1)(B) shall not 
                be subject to section 102(2) of the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4332(2)).''.
    (b) No Surprises Policy.--Section 10(a)(2) (16 U.S.C. 1539(a)(2)) 
is further amended by inserting after subparagraph (D) (as added by 
subsection (a)(2)) the following:
                    ``(E) Prohibition on additional measures.--
                            ``(i) In general.--Except under 
                        extraordinary circumstances determined under 
                        clause (ii), no additional measures to minimize 
                        and mitigate impacts on a species that is a 
                        subject of a permit issued under paragraph 
                        (1)(B) shall be required of a permittee that is 
                        in compliance with the permit. With respect to 
                        any species that is a subject of such a permit, 
                        under no circumstance shall a permittee in 
                        compliance with the permit be required to make 
                        any additional payment for any purpose, or 
                        accept any additional restriction on any parcel 
                        of land available for development or land 
                        management under the permit, without the 
                        consent of the permittee.
                            ``(ii) Extraordinary circumstances.--
                                    ``(I) In general.--The Secretary 
                                shall have the burden of demonstrating 
                                that an extraordinary circumstance 
                                under clause (i) exists, based on the 
                                best reasonably obtainable scientific 
                                information.
                                    ``(II) Factors.--The Secretary 
                                shall establish, by regulation, the 
                                factors to be considered in making the 
                                determination whether an extraordinary 
                                circumstance under clause (i) 
                                exists.''.
    (c) Federal Cost-Sharing.--Section 10(a)(2) (16 U.S.C. 1539(a)(2)) 
is further amended by inserting after subparagraph (E) (as added by 
subsection (b)) the following:
                    ``(F) Federal cost-sharing.--
                            ``(i) In general.--The Secretary shall pay 
                        50 percent of the direct costs of implementing 
                        the terms and conditions of the permit, except 
                        that, at the request of the applicant, the 
                        Secretary may adjust the percentage of the 
                        Federal contribution to a higher or lower 
                        share. To the maximum extent practicable, the 
                        Secretary shall pay the sums directly (in lieu 
                        of reimbursement) to the permittee.
                            ``(ii) Effect of federal nonpayment.--If 
                        the contribution required by clause (i) is not 
                        made, the application of the applicable term or 
                        condition shall be suspended until such time as 
                        the full contribution is made. If the suspended 
                        term or condition includes a conservation 
                        easement or other instrument restricting title 
                        to the property of the permittee, nonpayment of 
                        the full contribution for a period of more than 
                        4 consecutive years shall result in the 
                        nullification of the previously granted 
                        restriction on title.
                            ``(iii) Loans.--The Secretary may not 
                        consider a loan to the permittee in calculating 
                        the contribution required by clause (i).
                            ``(iv) Recovered costs.--The Secretary may 
                        not consider as a portion of the contribution 
                        required by clause (i) any costs to the Federal 
                        Government that are recovered through rates for 
                        the sale or transmission of power or water.
                            ``(v) In-kind contributions.--The permittee 
                        may include in-kind contributions in 
                        calculating the appropriate share of the costs 
                        of the permittee.''.
    (d) Interim Permits.--Section 10(a)(2) (16 U.S.C. 1539(a)(2)) is 
further amended by inserting after subparagraph (F) (as added by 
subsection (c)) the following:
                    ``(G) Interim permits.--
                            ``(i) In general.--For such activities as 
                        the Secretary determines will not appreciably 
                        reduce the chances of survival of a species, 
                        the Secretary may issue an interim permit to 
                        any applicant for a permit under this section 
                        that provides evidence of appropriate interim 
                        measures that--
                                    ``(I) will minimize and mitigate 
                                any impacts of any incidental taking 
                                that may be associated with the 
                                activity proposed for permitting; and
                                    ``(II) are to be performed while 
                                the underlying permit application is 
                                being considered under this section.
                            ``(ii) Contents.--An interim permit issued 
                        under clause (i)--
                                    ``(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 or denial of the 
                                underlying permit application; and
                                    ``(IV) may be revoked by the 
                                Secretary upon failure to comply with 
                                any term of the interim permit.''.
    (e) Multiple Species Non-Federal Conservation Plans.--Section 10 
(16 U.S.C. 1539) is amended by adding at the end the following:
    ``(k) Multiple Species Non-Federal Conservation Plans.--
            ``(1) Development.--The Secretary may assist a non-Federal 
        person in the development of a plan, to be known as a `multiple 
        species non-Federal conservation plan', for the conservation 
        of--
                    ``(A) any species with respect to which a finding 
                is made and a status review is commenced 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 or is 
                        within a taxonomic group designated in the 
                        plan.
            ``(2) Issuance of permits.--The Secretary may issue a 
        permit under subsection (a)(1)(B) authorizing a taking 
        described in section 9(a)(1)(B) of a species for which a 
        multiple species non-Federal conservation plan is developed 
        under this subsection, if the Secretary, after providing 
        opportunity for public comment on the plan--
                    ``(A) determines that the plan specifies the 
                information described in subsection (a)(2)(A);
                    ``(B) makes the findings described in subsection 
                (a)(2)(B) with respect to the permit application and 
                the plan; and
                    ``(C) receives such assurances as the Secretary may 
                require that the plan will be implemented.
            ``(3) Effect of listing of species.--A multiple species 
        non-Federal conservation plan developed under this subsection 
        and a permit issued with respect to the plan shall remain in 
        effect and shall not be required to be amended if a species to 
        which the plan and permit apply is determined to be an 
        endangered species or a threatened species under section 4.''.

SEC. 406. ENCOURAGING EXCHANGES TO PROTECT HABITAT ON NON-FEDERAL 
              LANDS.

    Section 5A (as redesignated by section 201(a)) is further amended 
by adding at the end the following:
    ``(c) Exchanges.--
            ``(1) In general.--In accordance with subsection (a), the 
        Secretary of the Interior and the Secretary of Agriculture 
        shall encourage exchanges of lands, waters, or interests in 
        land or water within the jurisdiction of each Secretary (other 
        than units of the National Park System and units of the 
        National Wilderness Preservation System) for lands, waters, or 
        interests in land or water that are not in Federal ownership 
        and that are affected by this Act.
            ``(2) Timing of exchanges.--An exchange under this 
        subsection may be made if the Secretary of the Interior or the 
        Secretary of Agriculture determines, without a formal 
        appraisal, that the lands to be exchanged are of approximately 
        equal value.
            ``(3) Environmental assessment.--An environmental 
        assessment shall be the only document under section 102(2) of 
        the National Environmental Policy Act of 1976 (16 U.S.C. 
        4332(2)) that shall be prepared with respect to any exchange 
        under this subsection.
            ``(4) Expeditious exchange decisions.--An exchange under 
        this subsection shall be processed as expeditiously as 
        practicable. The Secretary of the Interior or the Secretary of 
        Agriculture shall periodically provide information to the non-
        Federal landowner on the status of the exchange.
            ``(5) Applicable law.--The Secretary of the Interior and 
        the Secretary of Agriculture shall process exchanges under this 
        subsection in accordance with applicable laws that are 
        consistent with this subsection.
    ``(d) Valuation.--Any land, water, or interest in land or water to 
be acquired by the Secretary or the Secretary of Agriculture by 
purchase, exchange, donation, or otherwise under this section shall be 
valued as if the land, water, or interest in land or water were not 
subject to any restriction on use under this Act imposed after the date 
of acquisition by the current owner of the land, water, or interest in 
land or water.''.
     TITLE V--PROVIDING FOR HABITAT CONSERVATION INCENTIVE PROGRAMS

SEC. 501. PROVIDING FOR COOPERATIVE MANAGEMENT AGREEMENTS.

    (a) In General.--Section 6 (16 U.S.C. 1535) is amended by striking 
subsection (b) and inserting the following:
    ``(b) Cooperative Management Agreements.--
            ``(1) In general.--On the request of any State or group of 
        States, political subdivision of a State, or local government 
        having authority, control, or ownership over the area affected 
        by any determination that a species is an endangered species or 
        a threatened species, any proposed determination, or any 
        proposed candidacy for determination, the Secretary may enter 
        into a cooperative management agreement that shall govern the 
        administration and management of each area that the Secretary 
        identifies as habitat for the affected species that is within 
        the authority, control, or ownership of the requesting party.
            ``(2) Notification.--Not later than 30 days after the 
        submission of a request to enter into a cooperative management 
        agreement, the person submitting the request shall provide 
        notice of the request to any non-Federal person or Federal 
        power marketing administration that would be subject to the 
        proposed cooperative management agreement.
            ``(3) Species assessment.--On submission of a request to 
        enter into a cooperative management agreement, the requesting 
        party shall conduct an assessment of the affected species in 
        accordance with section 5(d) and submit the assessment to the 
        Secretary. On the receipt of the assessment, the Secretary may 
        approve the assessment, or make a determination that the 
        assessment is deficient and request the party to review and 
        revise the assessment not later than 30 days after the date of 
        issuance of the determination. If, on resubmission, the 
        Secretary determines that the assessment remains deficient, or 
        if no resubmission is made, the Secretary may conduct an 
        independent assessment of the affected species in accordance 
        with section 5(d).
            ``(4) Submission of agreement.--After completion of the 
        assessment of the affected species under paragraph (3), the 
        requesting party shall develop, and submit to the Secretary, a 
        proposed cooperative management agreement.
            ``(5) Publication in federal register.--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) a notice of availability of each cooperative 
                management agreement entered into by the Secretary.
            ``(6) Public hearing.--The Secretary shall hold a public 
        hearing on a proposed cooperative management agreement in each 
        county or parish to which the proposed agreement applies.
            ``(7) Consideration of public comment.--
                    ``(A) In general.--Before entering into a 
                cooperative management agreement, the Secretary shall 
                consider and weigh carefully all information--
                            ``(i) received in response to the request 
                        for comment published under paragraph (5)(A); 
                        and
                            ``(ii) presented as testimony in each 
                        hearing held under paragraph (6).
                    ``(B) Publication of responses.--The notice of 
                availability of a cooperative management agreement 
                required to be published under paragraph (5)(B) shall 
                include the response of the Secretary to all 
                information referred to in subparagraph (A) that is 
                received or presented with respect to the agreement.
            ``(8) Approval of agreement.--
                    ``(A) In general.--Not later than 120 days after 
                the submission of a proposed cooperative management 
                agreement under paragraph (4), the Secretary shall 
                determine whether the proposed agreement--
                            ``(i) is in accordance with this 
                        subsection; and
                            ``(ii) will promote the conservation of the 
                        species to which the proposed agreement 
                        applies.
                    ``(B) Criteria.--The Secretary shall approve and 
                enter into a proposed cooperative management agreement 
                if the Secretary determines that--
                            ``(i) the requesting party has sufficient 
                        authority under law to implement and carry out 
                        the terms of the agreement;
                            ``(ii) the agreement defines an area that 
                        serves as habitat for the species to which the 
                        agreement applies;
                            ``(iii) the agreement provides for the 
                        administration and management of the area and 
                        adequately regulates activities occurring in 
                        the area that may not otherwise promote the 
                        conservation of the species to which the 
                        agreement applies;
                            ``(iv) the agreement promotes the 
                        conservation of the species to which the 
                        agreement applies by committing Federal or non-
                        Federal efforts to the conservation;
                            ``(v) the term of the agreement is of 
                        sufficient duration to carry out the agreement; 
                        and
                            ``(vi) the agreement is adequately funded 
                        to carry out the agreement.
                    ``(C) Environmental assessments.--The preparation, 
                approval, and entering into of a cooperative management 
                agreement under this subsection shall not be subject to 
                section 102(2) of the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4332(2)).
            ``(9) Critical habitat.--As a term of a cooperative 
        management agreement, the Secretary may--
                    ``(A) designate as critical habitat under section 
                5(m) any habitat within the geographic area covered by 
                the agreement that is considered to be critical habitat 
                as of the date of entering into the agreement; or
                    ``(B) revise a critical habitat designation under 
                section 5(m).
            ``(10) Effect of listing of species.--A cooperative 
        management agreement entered into under this subsection shall 
        remain in effect and shall not be required to be amended if a 
        species to which the agreement applies is determined to be an 
        endangered species or a threatened species under section 4.
            ``(11) Applicability of certain provisions.--
                    ``(A) In general.--Sections 5 and 7 shall not apply 
                to such activities of a person that is a party to a 
                cooperative management agreement as are conducted in 
                accordance with the agreement.
                    ``(B) Intentional or knowing violations.--An 
                intentional or knowing violation of a cooperative 
                management agreement, or a law implementing a 
                cooperative management agreement, shall be deemed a 
                violation of this Act.
            ``(12) Violations of agreements.--
                    ``(A) Notification by the secretary.--If the 
                Secretary determines after public hearing and 
                opportunity for comment that a party to a cooperative 
                management agreement is not administering or acting in 
                accordance with the agreement, the Secretary shall 
                notify the party.
                    ``(B) Failure to take corrective action.--If a 
                party 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 
                        entire cooperative management agreement or the 
                        applicability of the agreement to the party 
                        that is the subject of the notification; and
                            ``(ii) beginning on the date of the 
                        rescission--
                                    ``(I) the entire agreement shall 
                                not be effective, or the agreement 
                                shall not be effective with respect to 
                                the party, whichever is appropriate; 
                                and
                                    ``(II) sections 5 and 7 shall apply 
                                to activities of the party.
            ``(13) Federal cost-sharing.--
                    ``(A) In general.--The Secretary shall pay 50 
                percent of the direct costs of implementing the terms 
                and conditions of a cooperative management agreement, 
                including any costs incurred by a party to the 
                agreement, non-Federal person, or Federal power 
                marketing administration. To the maximum extent 
                practicable, the sums paid by the Secretary shall be 
                paid directly (in lieu of reimbursement) to the party, 
                person, or administration.
                    ``(B) Effect of federal nonpayment.--If the 
                contribution required by subparagraph (A) is not made, 
                the applicable term or condition shall be suspended 
                until such time as the full contribution is made. If 
                the suspended term or condition includes a conservation 
                easement or other instrument restricting title to 
                property, nonpayment of the full contribution for a 
                period of more than 4 consecutive years shall result in 
                nullification of the previously granted restriction on 
                title.
                    ``(C) Loans.--The Secretary may not consider a loan 
                to the party, person, or administration in calculating 
                the contribution required by subparagraph (A).
                    ``(D) Recovered costs.--The Secretary may not 
                consider as a portion of the contribution required by 
                subparagraph (A) any costs to the Federal Government 
                that are recovered through rates for the sale or 
                transmission of power or water.
                    ``(E) In-kind contributions.--The party, person, or 
                administration may include in-kind contributions in 
                calculating the appropriate share of the costs of the 
                party.''.
    (b) Definition of Cooperative Management Agreement.--Section 3 (16 
U.S.C. 1532) is further amended by inserting after paragraph (5) (as 
redesignated by section 103(c)(1)) the following:
            ``(6) Cooperative management agreement.--The term 
        `cooperative management agreement' means an agreement entered 
        into under section 6(b).''.
    (c) Conforming Amendments.--
            (1) Section 6 (16 U.S.C. 1535) is amended by striking the 
        section heading and inserting the following:

``SEC. 6. COOPERATION WITH NON-FEDERAL PERSONS.''.

            (2) The table of contents in the first section (16 U.S.C. 
        prec. 1531) is amended by striking the item relating to section 
        6 and inserting the following:

``Sec. 6. Cooperation with non-Federal persons.''.
SEC. 502. PROVIDING FOR HABITAT RESERVE GRANTS.

    Section 6(b) (16 U.S.C. 1535(b)) (as amended by section 501(a)) is 
further amended by adding at the end the following:
            ``(14) Habitat reserve grants.--
                    ``(A) In general.--The Secretary may provide a 
                grant to a non-Federal person (other than an officer, 
                employee, or agent (acting in the official capacity of 
                the agent) of, or a department or instrumentality of, a 
                State, municipality, or political subdivision of a 
                State, or a State, municipality, or political 
                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 a threatened 
                species.
                    ``(B) Criteria for provision of grants.--The 
                Secretary may provide a grant under this paragraph if 
                the Secretary determines that--
                            ``(i) the property for which the grant is 
                        provided contains habitat that significantly 
                        contributes to the protection of the population 
                        of the species;
                            ``(ii) the property has been dedicated to 
                        species protection for a period of time that 
                        has been sufficient to significantly contribute 
                        to the protection of the population of the 
                        species; and
                            ``(iii) the preservation of the habitat 
                        advances the interest of species protection.
                    ``(C) Transferability of grants.--A grant made 
                under this paragraph shall be transferable to 
                subsequent owners of the property for which the grant 
                is provided.''.

 TITLE VI--OTHER AMENDMENTS MAKING THE ENDANGERED SPECIES ACT OF 1973 
                   MORE EFFECTIVE AND LESS BURDENSOME

SEC. 601. PROVIDING GUIDANCE FOR THE RELEASE OF EXPERIMENTAL 
              POPULATIONS.

    Section 10(j) (16 U.S.C. 1539(j)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (B)--
                            (i) by inserting ``and the precise 
                        boundaries of the geographic area for the 
                        release'' after ``the population''; and
                            (ii) by inserting ``whether the release is 
                        in the public interest and'' after 
                        ``information,''; and
                    (B) in subparagraph (C)--
                            (i) in clause (i), by striking ``and'' at 
                        the end;
                            (ii) by redesignating clause (ii) as clause 
                        (iii); and
                            (iii) by inserting after clause (i) the 
                        following:
            ``(ii) for the purposes of sections 4(d) and 9(a)(1)(B), 
        any member of an experimental population found outside the 
        geographic area in which the population is released shall not 
        be treated as a threatened species if the member poses a threat 
        to the welfare of the public; and'';
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following:
            ``(3) Requirements for releases.--In authorizing the 
        release of a population under paragraph (2), the Secretary 
        shall require that--
                    ``(A) to the maximum extent practicable, the 
                release occurs only in a unit of the National Park 
                System or the National Wildlife Refuge System;
                    ``(B) a release outside a unit occurs only in an 
                area that has been identified as a candidate site for 
                release of the population in a conservation plan for 
                the species;
                    ``(C) in the case of a release outside a unit, 
                measures to protect the safety and welfare of the 
                public and domestic animals and the funding for the 
                measures are identified in the regulations authorizing 
                the release and are implemented;
                    ``(D) the regulations authorizing the release 
                identify precisely the geographic area for the release;
                    ``(E) a release on non-Federal land occurs only 
                with the written consent of the owner of the land; and
                    ``(F) the regulations authorizing the release 
                include measurable reintroduction goals to restore 
                viable populations only within the specific geographic 
                area identified for release in the regulations.''.

SEC. 602. RECOGNIZING CAPTIVE PROPAGATION AS A MEANS OF RECOVERY.

    (a) In General.--Section 13 (87 Stat. 902) is amended to read as 
follows:

``SEC. 13. RECOGNITION OF CAPTIVE PROPAGATION AS MEANS OF RECOVERY.

    ``(a) In General.--In carrying out this Act, the Secretary shall 
recognize to the maximum extent practicable, and may utilize, captive 
propagation as a means of protecting or conserving an endangered 
species or a threatened species.
    ``(b) Captive Propagation Grants.--The Secretary may provide annual 
grants to non-Federal persons to fund captive propagation programs for 
the purpose of protecting or conserving any species that is determined 
under section 4 to be an endangered species or a threatened species, if 
the Secretary determines that such a program contributes to enhancement 
of the population of the species.''.
    (b) Effect on Prior Amendments.--Nothing in this section or the 
amendment made by this section affects the amendments made by section 
13 of the Endangered Species Act of 1973 (87 Stat. 902), as in effect 
on the day before the date of enactment of this Act.
    (c) Conforming Amendment.--The table of contents in the first 
section (16 U.S.C. prec. 1531) is amended by striking the item relating 
to section 13 and inserting the following:

``Sec. 13. Recognition of captive propagation as means of recovery.''.
SEC. 603. CLARIFYING THE APPLICATION OF PROHIBITIONS TO THREATENED 
              SPECIES.

    Section 4(d) (16 U.S.C. 1533(d)) is amended--
            (1) in the first sentence, by striking ``issue'' and 
        inserting ``issue, concurrently with or subsequent to the 
        regulation that provides for the listing of the species,''; and
            (2) in the second sentence, by striking ``by regulation 
        prohibit with respect to any'' and inserting ``in the 
        regulations prohibit with respect to the specific''.

SEC. 604. ENCOURAGING RESEARCH ON ALTERNATIVE METHODS AND TECHNOLOGIES.

    Section 10(a) (16 U.S.C. 1539(a)) is further amended by adding 
after paragraph (4) (as added by section 404) the following:
            ``(5) Research on alternative methods and technologies.--
        Priority for issuing permits under paragraph (1)(A) shall be 
        accorded to applications for permits to conduct research on 
        alternative methods and technologies, and the comparative costs 
        of the methods and technologies, to reduce the incidental 
        taking as described in paragraph (1)(B) of an endangered 
        species or a threatened species for which the employment of 
        existing methods or technologies for avoidance of the 
        incidental taking entails significant costs for non-Federal 
        persons.''.

SEC. 605. MODIFYING ENFORCEMENT AUTHORITY.

    Section 11 (16 U.S.C. 1540) is amended--
            (1) in paragraph (2) of the first sentence of subsection 
        (d), by inserting ``endangered or threatened'' after 
        ``temporary care for any'';
            (2) in subsection (e)--
                    (A) in the fourth sentence of paragraph (3), by 
                striking ``fish, wildlife,'' and inserting ``endangered 
                or threatened fish or wildlife,''; and
                    (B) in paragraph (4)--
                            (i) in subparagraph (A), by inserting 
                        ``endangered or threatened'' after ``All''; and
                            (ii) in subparagraph (B), by inserting 
                        ``endangered or threatened'' after ``importing 
                        of any'';
            (3) in the first sentence of subsection (f), by inserting 
        ``endangered or threatened'' after ``storage of''; and
            (4) in subsection (g)(2)(C), by inserting before the period 
        at the end the following: ``included in a list published under 
        section 4(c)(1)''.

SEC. 606. PROVIDING ADEQUATE NOTICE OF HEARINGS.

    (a) In General.--Section 14 (87 Stat. 903) is amended to read as 
follows:

``SEC. 14. NOTICE OF HEARINGS.

    ``Except as otherwise provided by this Act, the Secretary shall 
provide notice of any hearing or other public meeting at which public 
comment is accepted under this Act by publication in the Federal 
Register and in a newspaper of general circulation in the location of 
the hearing or meeting at least 30 days prior to the hearing or 
meeting.''.
    (b) Conforming Amendment.--The table of contents in the first 
section (16 U.S.C. prec. 1531) is amended by striking the item relating 
to section 14 and inserting the following:

``Sec. 14. Notice of hearings.''.
    (c) Effect on Prior Repeal.--Nothing in this section or the 
amendment made by this section affects the repeal made by section 14 of 
the Endangered Species Act of 1973 (87 Stat. 903), as in effect on the 
day before the date of enactment of this Act.
SEC. 607. ENSURING THE PROTECTION OF PRIVATE PROPERTY RIGHTS.

    (a) Policy.--
            (1) Purpose.--The purpose of this subsection is to 
        establish a national policy that implementation of the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) shall 
        respect private property rights.
            (2) Amendment.--Section 2(c) (16 U.S.C. 1531(c)) is amended 
        by adding at the end the following:
            ``(3) Private property rights.--It is further declared to 
        be the policy of Congress that Federal agencies shall carry out 
        this Act in a manner that--
                    ``(A) ensures that persons are not denied the 
                reasonable use of their private property; and
                    ``(B) avoids any significant diminishment of the 
                value of private property.''.
    (b) Duty.--
            (1) Purpose.--The purpose of this subsection is to 
        establish an affirmative duty that the Secretary and Federal 
        agencies minimize the impact of conservation measures on 
        private property.
            (2) Duty.--The Act (16 U.S.C. 1531 et seq.) is amended--
                    (A) by redesignating section 15 as section 19; and
                    (B) by inserting after section 14 the following:

``SEC. 15. MINIMIZATION OF IMPACT OF CONSERVATION MEASURES ON PRIVATE 
              PROPERTY.

    ``(a) In General.--In carrying out sections 5 and 7--
            ``(1) the Secretary shall balance the objectives of--
                    ``(A) achieving the conservation objective for the 
                species; and
                    ``(B) ensuring continuing economic growth, 
                providing essential infrastructure, maintaining strong 
                State and local tax bases, and protecting against the 
                diminishment of the use and value of private property; 
                and
            ``(2) the Secretary, the heads of all other Federal 
        agencies, and other officials of the Federal Government shall 
        seek to minimize the adverse impacts on the use and value of 
        private property resulting from any requirements imposed on the 
        property under the sections.
    ``(b) Right To Seek Compensation.--Nothing in this Act diminishes 
or impedes the right of an owner of private property to receive 
compensation from the Federal Government under the Fifth Amendment of 
the Constitution or other Federal law for lost use of value of the 
property due to requirements imposed on the property under this Act 
after the date of acquisition of the property by the owner.
    ``(c) Exceptions to the Application of the Act to Private 
Property.--This Act shall not apply to activities carried out on--
            ``(1) privately owned property consisting of 5 contiguous 
        acres or less, unless the proposed activity presents an 
        imminent threat to the existence of an endangered species or a 
        threatened species; and
            ``(2) such other property specifically identified by the 
        Secretary, by regulation, based on a determination by the 
        Secretary that the proposed activity will not be likely to 
        jeopardize the continued existence of a species.''.
            (3) Conforming amendments.--
                    (A) The table of contents in the first section (16 
                U.S.C. prec. 1531) is further amended--
                            (i) by striking the item relating to 
                        section 15 and inserting the following:

``Sec. 15. Minimization of impact of conservation measures on private 
                            property.'';
                        and
                            (ii) by adding at the end the following:

``Sec. 19. Authorization of appropriations.''.
                    (B) Section 8(a) (16 U.S.C. 1537(a)) is amended by 
                striking ``section 15 of this Act'' and inserting 
                ``section 19''.
    (c) Citizen Suits.--Section 11(g) (16 U.S.C. 1540(g)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A) of the first sentence, 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 of the United States''; and
                    (B) in the second sentence, by striking ``, without 
                regard to the amount in controversy or the citizenship 
                of the parties,'';
            (2) in paragraph (3)--
                    (A) by striking ``(A)''; and
                    (B) by striking subparagraph (B); and
            (3) by adding at the end the following:
            ``(6) Actions to remedy economic injury.--Any 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 of the United States) may--
                    ``(A) to the full extent permitted by the 
                Constitution without regard to any prudential 
                limitations, commence a civil suit as authorized by 
                this subsection to remedy any violation of this Act or 
                a regulation issued under this Act by the United States 
                or any agency or official of the United States; and
                    ``(B) intervene as a matter of right in any suit 
                brought under this Act that threatens to
                 cause injury to the person or relates to any injury 
sustained by the person.''.

SEC. 608. ENSURING THE USE OF WATER RIGHTS IN ACCORDANCE WITH EXISTING 
              STATE LAWS.

    Section 6(f) (16 U.S.C. 1535(f)) is amended--
            (1) in the first sentence--
                    (A) by striking ``(1)'' and inserting ``(A)''; and
                    (B) by striking ``(2)'' and inserting ``(B)'';
            (2) by striking ``Laws.--Any State'' and inserting the 
        following: ``Laws.--
            ``(1) In general.--Any State''; and
            (3) adding at the end the following:
            ``(2) Water rights.--Any water right acquired, or otherwise 
        used, by the United States, a permit or license applicant, or 
        any other non-Federal party for any purpose under this Act 
        shall be acquired and exercised in accordance with the laws of 
        the State in which the water will be used, including a law 
        providing for any priority system between types of water 
        uses.''.

SEC. 609. PROVIDING FOR FEDERAL COST-SHARING OF IMPLEMENTATION COSTS 
              IMPOSED UNDER CONSERVATION PLANS OR AGENCY CONSULTATIONS.

    (a) In General.--Section 16 (16 U.S.C. 1531 note) is amended to 
read as follows:

``SEC. 16. FEDERAL COST-SHARING REQUIREMENTS FOR CONSERVATION 
              OBLIGATIONS.

    ``(a) Definition of Allowed Costs.--In this section, the term 
`allowed costs' includes any direct or indirect cost incurred by a non-
Federal person or Federal power marketing administration that results 
from compliance with a provision of a conservation plan under this Act, 
a conservation measure described in section 5(u), or a requirement 
imposed on the person or administration under section 7.
    ``(b) Cost Sharing For Conservation Plans.--
            ``(1) Costs exceeding $10,000,000.--The Secretary shall pay 
        50 percent of allowed costs incurred by a non-Federal person or 
        Federal power marketing administration that result from 
        compliance with any provision of a conservation plan, to the 
        extent that the allowed costs exceed, in the aggregate, 
        $10,000,000.
            ``(2) Costs at or below $10,000,000.--The Secretary may pay 
        a Federal share to a non-Federal person or Federal power 
        marketing administration of any allowed costs less than or 
        equal to $10,000,000 that result from compliance with a 
        conservation plan.
    ``(c) Cost Sharing for Compliance With Consultation Requirements.--
The Secretary shall pay 50 percent of allowed costs incurred by a non-
Federal person or Federal power marketing administration that result 
solely from requirements imposed on the person or marketing 
administration under section 7.
    ``(d) Existing Cost-Sharing Agreements.--Any cost-sharing agreement 
with a non-Federal person provided in any recovery plan or other 
agreement in existence prior to the date of enactment of this 
subsection shall remain in effect unless the non-Federal person 
incurring the costs requests that the cost-sharing percentage be 
reconsidered.
    ``(e) Adjustments to Cost-Sharing Percentage.--At the request of 
the non-Federal person, the Secretary may adjust the Federal share 
determined under subsection (b) or (c) with respect to the person.
    ``(f) Provision of Federal Share.--
            ``(1) In general.--
                    ``(A) Non-federal persons.--The Secretary may make 
                a contribution under subsection (b) or (c) by--
                            ``(i) providing to the non-Federal person a 
                        habitat reserve grant under section 6(b)(14);
                            ``(ii) acquiring, from or for the person, 
                        land or an interest in land as provided in 
                        section 5A; or
                            ``(iii) providing appropriated funds to the 
                        person.
                    ``(B) Federal power marketing administration.--The 
                Secretary shall make a contribution under subsection 
                (b) or (c) to a Federal power marketing administration 
                by providing appropriated funds directly to the power 
                marketing administration.
            ``(2) Loans.--The Secretary may not consider a loan to the 
        non-Federal person or Federal power marketing administration as 
        a contribution or portion of a contribution under subsection 
        (b) or (c).
            ``(3) Recovered costs.--The Secretary may not claim as a 
        portion of the Federal share under subsection (b) or (c) any 
        costs to the Federal Government that are recovered through 
        rates for the sale or transmission of power or water.
            ``(4) Effect of federal nonpayment.--If the Secretary fails 
        to make the contribution required under subsection (b), (c), or 
        (d), the application of the applicable provision of the 
        conservation plan or the requirement under section 7 shall be 
        suspended until such time as the full contribution is made. If 
        the suspended provision or requirement includes a conservation 
        easement or other instrument restricting title to the property 
        of the non-Federal person, nonpayment of the full contribution 
        for a period of more than 4 consecutive years shall result in 
        the nullification of the previously granted restriction on 
        title.
    ``(g) In-Kind Contributions.--A non-Federal person or Federal power 
marketing administration may include in-kind contributions in 
calculating the appropriate share of the costs of the person or 
administration under this section.
    ``(h) Costs Paid by the Secretary.--Compensation from the Federal 
Government under section 15(b) may not cover costs incurred by a non-
Federal person that were paid by the Secretary under subsection (b) or 
(c).''.
    (b) Conforming Amendments.--
            (1) The table of contents in the first section (16 U.S.C. 
        prec. 1531) is further amended by striking the item relating to 
        section 16 and inserting the following:

``Sec. 16. Federal cost-sharing requirements for conservation 
                            obligations.''.
            (2) Section 10(b)(1)(B) (16 U.S.C. 1539(b)(1)(B)) is 
        amended by striking ``the effective date of this Act'' and 
        inserting ``December 28, 1973,''.
SEC. 610. ENHANCING PUBLIC EDUCATIONAL OPPORTUNITIES.

    (a) Licensed Exhibitors.--Section 3 (16 U.S.C. 1532) is further 
amended in the proviso of paragraph (3) (as redesignated by section 
103(c)(1)) by striking ``by museums'' and inserting ``or species by 
exhibitors licensed under the Animal Welfare Act (7 U.S.C. 2131 et 
seq.), museums,''.
    (b) Education of the Public.--Section 10(a) (16 U.S.C. 1539(a)) is 
further amended--
            (1) in paragraph (1)(A)--
                    (A) by striking ``to, acts'' and inserting the 
                following: ``to--
                    ``(i) acts''; and
                    (B) by adding at the end the following:
                    ``(ii) the public display or exhibition of living 
                wildlife in a manner designed to educate, or that 
                otherwise contributes to the education of, the public 
                about the ecological role and conservation needs of the 
                affected species; or''; and
            (2) by adding after paragraph (5) (as added by section 604) 
        the following:
            ``(6) Educational permits.--
                    ``(A) Conditions of issuance.--A permit referred to 
                in paragraph (1)(A)(ii) shall be issued if--
                            ``(i) the applicant holds a current and 
                        valid license as an exhibitor under the Animal 
                        Welfare Act (7 U.S.C. 2131 et seq.);
                            ``(ii) the applicant maintains a public 
                        display or exhibition of living wildlife 
                        described in paragraph (1)(A)(ii); and
                            ``(iii) viewing of the public display or 
                        exhibition is not limited or restricted other 
                        than by charging an admission fee.
                    ``(B) Term.--A permit referred to in paragraph 
                (1)(A)(ii) shall be for a term of not less than 6 
                years.
                    ``(C) Additional authority.--A permit referred to 
                in paragraph (1)(A)(ii) shall also authorize the 
                permittee to import, export, sell, purchase, or 
                otherwise transfer possession of the affected species.
                    ``(D) Revocation.--The Secretary shall revoke a 
                permit referred to in paragraph (1)(A)(ii) if the 
                Secretary determines that the permittee--
                            ``(i) no longer meets the requirements of 
                        subparagraph (A) and is not reasonably likely 
                        to meet the requirements in the near future;
                            ``(ii) is not complying with the terms and 
                        conditions of the permit; or
                            ``(iii) is engaging in an activity likely 
                        to jeopardize the continued existence of the 
                        species subject to the permit.''.
    (c) Wildlife Bred in Captivity.--Section 10 (16 U.S.C. 1539) is 
further amended by adding after subsection (k) (as added by section 
405(e)) the following:
    ``(l) Wildlife Bred in Captivity.--For the purpose of export or 
import, or registration of captive-bred wildlife under the captive-bred 
wildlife registration system established under section 17.21(g) of 
title 50, Code of Federal Regulations, the terms `bred in captivity' 
and `captive-bred', with respect to wildlife, mean wildlife, including 
eggs, born or otherwise produced from parents in captivity.''.

            TITLE VII--AUTHORIZING INCREASED APPROPRIATIONS

SEC. 701. REAUTHORIZING THE ENDANGERED SPECIES ACT OF 1973.

    Section 19 (as redesignated by section 607(b)(2)(A)) is further 
amended to read as follows:

``SEC. 19. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--In addition to the amounts authorized to be 
appropriated under section 6(i) and subsections (b) through (e), there 
are authorized to be appropriated--
            ``(1) to the Department of the Interior to carry out the 
        duties of the Secretary of the Interior under this Act 
        $110,000,000 for fiscal year 1996, $120,000,000 for fiscal year 
        1997, $130,000,000 for fiscal year 1998, $140,000,000 for 
        fiscal year 1999, $150,000,000 for fiscal year 2000, and 
        $160,000,000 for fiscal year 2001;
            ``(2) to the Department of Commerce to carry out the duties 
        of the Secretary of Commerce under this Act $15,000,000 for 
        fiscal year 1996, $20,000,000 for fiscal year 1997, $25,000,000 
        for fiscal year 1998, $30,000,000 for fiscal year 1999, 
        $35,000,000 for fiscal year 2000, and $40,000,000 for fiscal 
        year 2001; and
            ``(3) to the Department of Agriculture to carry out the 
        duties of the Secretary of Agriculture under this Act 
        $4,000,000 for each of fiscal years 1996 through 2001.
    ``(b) Cooperative Management Agreements.--There are authorized to 
be appropriated to the Department of the Interior to carry out section 
6(b), $20,000,000 for each of fiscal years 1996 through 2001, to remain 
available until expended.
    ``(c) Convention Implementation.--There are authorized to be 
appropriated to the Department of the Interior to carry out section 
8A(e) $1,000,000 for each of fiscal years 1996 through 2001, to remain 
available until expended.
    ``(d) Non-Federal Conservation Planning.--There are authorized to 
be appropriated to the Department of the Interior to carry out section 
10(a)(2)(F) $20,000,000 for each of fiscal years 1996 through 2001, to 
remain available until expended.
    ``(e) Habitat Reserve Grants.--There are authorized to be 
appropriated to the Department of the Interior to provide habitat 
reserve grants under section 6(b)(14) $20,000,000 for each of fiscal 
years 1996 though 2001, to remain available until expended.''.
                                 <all>
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