tion authorized, funded, or carried out by such 
agency is not’’; 
(B) in the first sentence by striking ‘‘, un-
less’’ and all that follows through the end of the 
sentence and inserting a period; 
(C) in the second sentence, by striking ‘‘best 
scientific and commercial data available’’ and 
inserting ‘‘best available scientific data’’; and 
(D) by inserting ‘‘(A)’’ before the first sen-
tence, and by adding at the end the following: 
‘‘(B) The Secretary may identify specific agency ac-
tions or categories of agency actions that may be determined 
to meet the standards of this paragraph by alternative pro-
cedures to the procedures set forth in this subsection and 
subsections (b) through (d), except that subsections (b)(4) 
and (e) may apply only to an action that the Secretary 
finds, or concurs, does meet such standards, and the Sec-
retary shall suggest, or concur in any suggested, reasonable 
and prudent alternatives described in subsection (b)(3) for 
any action determined not to meet such standards. Any 
such agency action or category of agency actions shall be 
identified, and any such alternative procedures shall be es-
tablished, by regulation promulgated prior or subsequent to 
the date of the enactment of this Act.’’; 
(3) in paragraph (4)—
(A) by striking ‘‘listed under section 4’’ and 
inserting ‘‘an endangered species or a threatened 
species’’; and 
(B) by inserting ‘‘, under section 4’’ after 
‘‘such species’’; and 
(4) by adding at the end the following: 
‘‘(5) Any Federal agency or the Secretary, in con-
ducting any analysis pursuant to paragraph (2), shall con-
sider only the effects of any agency action that are distinct 
from a baseline of all effects upon the relevant species that 
have occurred or are occurring prior to the action.’’. 
(b) OPINION OF SECRETARY.—Section 7(b) (16 U.S.C. 
1536(b)) is amended— 
(1) in paragraph (1)(B)(i) by inserting ‘‘permit 
or license’’ before ‘‘applicant’’; 
(2) in paragraph (2) by inserting ‘‘permit or li-
cense’’ before ‘‘applicant’’; 
(3) in paragraph (3)(A)— 
(A) in the first sentence— 
(i) by striking ‘‘Promptly after’’ and 
inserting ‘‘Before’’; 
(ii) by inserting ‘‘permit or license’’ 
before ‘‘applicant’’; and 
(iii) by inserting ‘‘proposed’’ before 
‘‘written statement’’; and
(B) by striking all after the first sentence 
and inserting the following: ‘‘The Secretary shall 
consider any comment from the Federal agency 
and the permit or license applicant, if any, 
prior to issuance of the final written statement 
of the Secretary’s opinion. The Secretary shall 
issue the final written statement of the Sec-
retary’s opinion by providing the written state-
ment to the Federal agency and the permit or li-
cense applicant, if any, and publishing notice of 
the written statement in the Federal Register. If 
jeopardy is found, the Secretary shall suggest in 
the final written statement those reasonable and 
prudent alternatives, if any, that the Secretary 
believes would not violate subsection (a)(2) and 
can be taken by the Federal agency or applicant 
in implementing the agency action. The Sec-
retary shall cooperate with the Federal agency 
and any permit or license applicant in the prep-
aration of any suggested reasonable and prudent 
alternatives.’’; 
(4) in paragraph (4)— 
(A) by redesignating subparagraphs (A), 
(B), and (C) as clauses (i), (ii), and (iii), respec-
tively;