‘‘(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);
‘‘(ii) the determination under sub-
section (a) that an endangered species or
a threatened species be removed from any
list published under subsection (c)(1);
‘‘(iii) the development of a recovery
plan for a threatened species or endan-
gered species under subsection (f); and
‘‘(iv) the determination that a pro-
posed action is likely to jeopardize the con-
tinued existence of a listed species and the
proposal of any reasonable and prudent al-
ternatives by the Secretary under section
7(b)(3).
‘‘(B) QUALIFIED INDIVIDUAL.—The term
‘qualified individual’ means an individual with
expertise in the biological sciences—
‘‘(i) who through publication of peer-
reviewed scientific literature or other
means, has demonstrated scientific exper-
tise on the species or a similar species or
other scientific expertise relevant to the de-
cision of the Secretary under subsection
(a) or (f);
‘‘(ii) who does not have, or represent
any person with, a conflict of interest with
respect to the determination that is the
subject of the review;
‘‘(iii) who is not a participant in any
petition or proposed or final determination
before the Secretary; and
‘‘(iv) who has no direct financial in-
terest, and is not employed by any person
with a direct financial interest, in opposing
the action under consideration.
‘‘(2) LIST OF INDEPENDENT SCIENTIFIC RE-
VIEWERS.—The Secretary shall solicit recommenda-
tions from the National Academy of Sciences and
develop and maintain a list of qualified reviewers to
participate in independent scientific review actions.
‘‘(3) APPOINTMENT
OF
INDEPENDENT
SCI-
ENTIFIC REVIEWERS.—(A) Before any action shall
become final, the Secretary shall appoint randomly,
from among the list prepared in accordance with
this section, 3 qualified individuals who shall review
and report to the Secretary on the scientific infor-
mation and analyses on which the proposed action is
based.
‘‘(B) The selection and activities of the referees
selected pursuant to this section shall not be subject
to the Federal Advisory Committee Act (5 U.S.C.
App.).
‘‘(C) Reviewers shall be compensated for con-
ducting the independent review.
‘‘(4) OPINION
OF
PEER
REVIEWERS.—Inde-
pendent reviewers shall provide the Secretary, within
3 months, their opinion regarding all relevant sci-
entific information and assumptions relating to the
taxonomy, population models, and supportive biologi-
cal and ecological information for the species in
question.
‘‘(5) FINAL DETERMINATION.—If the referees
have made a recommendation on a proposed action,
the Secretary shall evaluate and consider the infor-
mation that results from the independent scientific
review and include in the final determination—
‘‘(A) a summary of the results of the inde-
pendent scientific review; and
‘‘(B) in a case in which the recommenda-
tion of a majority of the referees who conducted
the independent scientific review is not followed,
an explanation as to why the recommendation
was not followed.
‘‘(6) PUBLIC NOTICE.—The report of the peer
reviewers shall be included in the official record of
the proposed action and shall be available for public
review prior to the close of the comment period on
the proposed action.’’.
SEC. 4. IMPROVED RECOVERY PLANNING.
(a) USE OF INFORMATION PROVIDED BY STATES.—
Section 7(b)(1) of the Endangered Species Act of 1973
(16 U.S.C. 1536(b)(1)) is amended by adding at the end
the following:
‘‘(C) USE
OF
STATE
INFORMATION.—In
conducting a consultation under subsection
(a)(2), the Secretary shall actively solicit and
consider information from the State agency in
each affected State.’’.
(b) OPPORTUNITY TO PARTICIPATE IN CONSULTA-
TIONS.—Section 7(b)(1) of the Endangered Species Act
of 1973 (16 U.S.C. 1536(b)(1)) (as amended by sub-
section (a)) is further amended by adding at the end the
following:
‘‘(D) OPPORTUNITY
TO
PARTICIPATE
IN
CONSULTATIONS.—
‘‘(i) IN
GENERAL.—In conducting a
consultation under subsection (a)(2), the
Secretary shall provide any person who has
sought authorization or funding from a
Federal agency for an action that is the
subject of the consultation, the opportunity
to—
‘‘(I) before the development of a
draft biological opinion, submit and
discuss with the Secretary and the
Federal agency information relevant
to the effect of the proposed action on
the species and the availability of rea-
sonable and prudent alternatives (if a
jeopardy opinion is to be issued) that
the Federal agency and the person
can take to avoid violation of sub-
section (a)(2);
‘‘(II) receive information, on re-
quest, subject to the exemptions speci-
fied in section 552(b) of title 5,
United States Code, on the status of
the species, threats to the species, and
conservation measures, used by the
Secretary to develop the draft biologi-