‘‘(2) AUTHORITY
TO
MAKE
GRANTS
OR
AD-
VANCES FROM FUND.—The Secretary may make a
grant or interest-free advance from the Fund to any
State, county, municipality, or political subdivision
of any State to assist in the development of a plan
under this section or section 10(a)(2). A grant or
advance under this paragraph for development of a
plan may not exceed the total financial contribution
of the other parties participating in development of
the plan.
‘‘(3) CRITERIA
FOR
GRANTS
AND
ADVANCES
FROM THE FUND.—In making grants and advances
under paragraph (1) for a plan, the Secretary shall
consider—
‘‘(A) the number of species for which the
plan is to be developed;
‘‘(B) the commitment to participate in the
planning process from a diversity of interests
(including local governmental, business, envi-
ronmental, and landowner interests);
‘‘(C) the likelihood of success of the plan-
ning effort; and
‘‘(D) other factors the Secretary considers
appropriate.
‘‘(4) REPAYMENT
OF
ADVANCES
FROM
THE
FUND.—
‘‘(A) Except as provided in subparagraph
(B), sums advanced from the Fund shall be re-
paid within 10 years after the date of the ad-
vance.
‘‘(B) Sums advanced under this subsection
for development of a plan shall be repaid within
4 years after the date of the advance if—
‘‘(i) no plan is developed within 3
years after the date of the advance; or
‘‘(ii) in the case of an advance for the
development of a plan under section
10(a)(2), no permit is issued under section
10(a)(1)(B) based on the plan within 3
years after the date of the advance.
‘‘(C) Sums received by the United States
as repayment of advances from the Fund shall
be credited to the Fund and available for fur-
ther advances in accordance with this sub-
section without further appropriation.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents in the first section is amended by striking the item
relating to section 13 and inserting the following:
‘‘Sec. 13. Conservation planning.’’.
(c) MITIGATION.—Section 10(a)(2)(A)(ii) (16 U.S.C.
1539(a)(2)(A)(ii)), is amended to read as follows:
‘‘(ii) what measures, such as conservation
easements, land acquisition, regulatory controls,
exotic species controls, and active habitat man-
agement, the applicant will take to minimize
and mitigate those impacts and the funding
that will be available to implement those
measures;’’.
(d) HABITAT
CONSERVATION
PLANNING
PILOT
PROJECT.—The Secretary shall—
(1) solicit and review an application for a per-
mit under section 13(a)(2) of the Endangered Spe-
cies Act of 1973, as amended by this Act, in which
the use of market incentives are used as a strategy
to implement a plan under section 13(a) of that Act;
and
(2) report to the Committee on Merchant Ma-
rine and Fisheries of the House of Representatives
and the Committee on Environment and Public
Works of the Senate, by not later than December
31, 1995, on the extent to which that strategy pro-
vides for the conservation of species for which the
permit is issued.
SEC. 9. FEDERAL ASSISTANCE TO HELP PRIVATE LAND-
OWNERS TO CONSERVE SPECIES.
(a) INCENTIVES FOR PRIVATE LANDOWNERS.—Sec-
tion 14 (87 Stat. 903; relating to a repeal) is amended
to read as follows:
‘‘INCENTIVES FOR PRIVATE LANDOWNERS TO ASSIST RE-
COVERY
OF
ENDANGERED
SPECIES, THREATENED
SPECIES, AND CANDIDATE SPECIES
‘‘SEC. 14. (a) ASSISTANCE AGREEMENTS.—The Sec-
retary, in cooperation with the relevant State agency in
each appropriate State and subject to the availability of
appropriations, may enter into an agreement with any per-
son who is a private landowner, under which—
‘‘(1) the person agrees to carry out on land
they own activities that the Secretary determines
will promote—
‘‘(A) the conservation of an endangered
species or threatened species pursuant to a re-
covery plan; or
‘‘(B) the conservation of a species the Sec-
retary has identified to be a candidate for list-
ing under section 4; and
‘‘(2) the Secretary agrees to pay to the person
such amount as may be agreed by the person and
the Secretary.
‘‘(b) PROHIBITION
ON ASSISTANCE
FOR CERTAIN
REQUIRED ACTIVITIES.—The Secretary may not pay any
amount as assistance under this section for any action
that is—
‘‘(1) required under a permit issued pursuant
to section 10(a)(2)(B);
‘‘(2) a condition of any other permit under this
Act; or
‘‘(3) otherwise required under this Act or any
other Federal law.
‘‘(c) ENSURING
IMPLEMENTATION
OF
AGREE-
MENTS.—The Secretary shall be responsible for ensuring
that the terms of agreements under this section are car-
ried out.
‘‘(d) TECHNICAL ASSISTANCE.—The Secretary may
provide, to a person that enters into an agreement under
this section, technical assistance in the implementation of
activities required under the agreement under subsection
(a)(1).’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents in the first section is amended by striking the item
relating to section 14 and inserting the following:
‘‘Sec. 14. Incentives for private landowners to assist recovery of endangered
species, threatened species, and candidate species.’’.
(c) REPORT ON INCENTIVES FOR CONSERVATION OF
SPECIES.—Within 12 months after the date of enactment