‘‘(iv) shall include— 
‘‘(I) the duties of the person; 
‘‘(II) the duties of the Secretary; 
‘‘(III) the terms and conditions under 
which the person and the Secretary mutually 
agree the agreement may be modified or termi-
nated; 
‘‘(IV) acts or omissions by the person or 
the Secretary that shall be considered violations 
of the agreement, and procedures under which 
notice of and an opportunity to remedy any vio-
lation by the person or the Secretary shall be 
given; and 
‘‘(V) terms and conditions for early termi-
nation of the agreement by the person before 
the management plan is fully implemented or 
termination of the agreement by the Secretary 
in the case of a violation by the person that is 
not remedied under subclause (IV), including 
any requirement for the person to refund all or 
part of any payments received under subpara-
graph (E) and any interest thereon. 
‘‘(C) The Secretary shall establish priorities for the 
selection of species conservation contract agreements, or 
groups of such agreements for adjacent or proximate
lands, to be entered into under this paragraph that ad-
dress the following factors: 
‘‘(i) The potential of the land to which the 
agreement or agreements apply to contribute signifi-
cantly to the conservation of an endangered species 
or threatened species or a species with a comparable 
designation under State law. 
‘‘(ii) The potential of such land to contribute 
significantly to the improvement of the status of a 
candidate species or a species with a comparable 
designation under State law. 
‘‘(iii) The amount of acreage of such land. 
‘‘(iv) The number of covered species in the 
agreement or agreements. 
‘‘(v) The degree of urgency for the covered spe-
cies to implement the conservation practices in the 
management plan or plans under the agreement or 
agreements. 
‘‘(vi) Land in close proximity to military test 
and training ranges, installations, and associated 
airspace that is affected by a covered species. 
‘‘(D) The Secretary shall enter into a species con-
servation contract agreement submitted by a person, if the 
Secretary finds that the person owns such land or has suf-
ficient control over the use of such land to ensure imple-
mentation of the management plan under the agreement. 
‘‘(E)(i) Upon entering into a species conservation 
contract agreement with the Secretary pursuant to this 
paragraph, a person shall receive the financial assistance 
provided for in this subparagraph. 
‘‘(ii) If the person is implementing fully the agree-
ment, the person shall receive from the Secretary— 
‘‘(I) in the case of a 30-year agreement, an an-
nual contract payment in an amount equal to 100 
percent of the person’s actual costs to implement the 
conservation practices described in the management 
plan under the terms of the agreement; 
‘‘(II) in the case of a 20-year agreement, an an-
nual contract payment in an amount equal to 80 
percent of the person’s actual costs to implement the 
conservation practices described in the management 
plan under the terms of the agreement; and 
‘‘(III) in the case of a 10-year agreement, an 
annual contract payment in an amount equal to 60 
percent of the person’s actual costs to implement the 
conservation practices described in the management 
plan under the terms of the agreement. 
‘‘(iii)(I) If the person receiving contract payments 
pursuant to clause (ii) receives any other State or Federal
funds to defray the cost of any conservation practice, the 
cost of such practice shall not be eligible for such contract 
payments. 
‘‘(II) Contributions of agencies or organizations to 
any conservation practice other than the funds described 
in subclause (I) shall not be considered as costs of the 
person for purposes of the contract payments pursuant to 
clause (iii). 
‘‘(4)(A) Upon request of a person seeking to enter 
into an agreement pursuant to this subsection, the Sec-
retary may provide to such person technical assistance in 
the preparation, and management training for the imple-
mentation, of the management plan for the agreement. 
‘‘(B) Any State agency, local government, nonprofit 
organization, or federally recognized Indian tribe may pro-
vide assistance to a person in the preparation of a man-
agement plan, or participate in the implementation of a 
management plan, including identifying and making avail-
able certified fisheries or wildlife biologists with expertise 
in the conservation of species for purposes of the prepara-
tion or review and approval of management plans for spe-
cies conservation contract agreements under paragraph 
(3)(D)(iii).