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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
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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). 
‘‘(F) A species conservation contract agreement may 
list other Federal program payments that incidentally con-
tribute to conservation of a listed species. The head of a 
Federal agency shall not use the payments for the pur-
poses of implementing the species conservation contract 
agreement. 
‘‘(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
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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). 
‘‘(5) Upon any conveyance or other transfer of inter-
est in land that is subject to an agreement under this sub-
section— 
‘‘(A) the agreement shall terminate if the agree-
ment does not continue in effect under subparagraph 
(B); 
‘‘(B) the agreement shall continue in effect with 
respect to such land, with the same terms and condi-
tions, if the person to whom the land or interest is 
conveyed or otherwise transferred notifies the Sec-
retary of the person’s election to continue the agree-
ment by no later than 30 days after the date of the 
conveyance or other transfer and the person is deter-
mined by the Secretary to qualify to enter into an 
agreement under this subsection; or 
‘‘(C) the person to whom the land or interest is 
conveyed or otherwise transferred may seek a new 
agreement under this subsection. 
‘‘(6) An agreement under this subsection may be re-
newed with the mutual consent of the Secretary and the
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person who entered into the agreement or to whom the 
agreement has been transferred under paragraph (5). 
‘‘(7) The Secretary shall make annual payments 
under this subsection as soon as possible after December 
31 of each calendar year. 
‘‘(8) An agreement under this subsection that applies 
to an endangered species or threatened species shall, for 
the purpose of section 10(a)(4), be deemed to be a permit 
to enhance the propagation or survival of such species 
under section 10(a)(1), and a person in full compliance 
with the agreement shall be afforded the protection of sec-
tion 10(a)(4). 
‘‘(9) The Secretary, or any other Federal official, 
may not require a person to enter into an agreement under 
this subsection as a term or condition of any right, privi-
lege, or benefit, or of any action or refraining from any 
action, under this Act.’’. 
(2) Subsection (e)(2) of section 7 (16 U.S.C. 
1536) (as redesignated by section 11(d)(2) of this 
Act) is amended by inserting ‘‘or in an agreement 
under section 5(m)’’ after ‘‘section’’. 
(d) CONFORMING AMENDMENTS.— 
(1) Section 6(d)(1) (16 U.S.C. 1535(d)(1)) is 
amended by striking ‘‘section 4(g)’’ and inserting 
‘‘section 5(j)’’.