131
fected species is an endangered species or threatened
species. The Secretary shall exclude any area from
critical habitat—
‘‘(A) which does not meet the definition of
critical habitat set forth in section 3(7);
‘‘(B) which is not necessary to achieve the
conservation objective for the affected species es-
tablished pursuant to subsection (b);
‘‘(C) for which the Secretary determines
that the benefits of the exclusion of the area from
designation as critical habitat outweigh the bene-
fits of designation, unless the Secretary deter-
mines, on the basis of the best available scientific
and commercial data, that the failure to des-
ignate the area as critical habitat will result in
the extinction of the affected species; or
‘‘(D) in the case of property owned by a
non-Federal person, where the owner thereof has
not given written consent to the designation, has
withdrawn such consent in writing, or has not
been compensated as provided in section 19.
‘‘(4) PROCEDURE
FOR
DESIGNATION.—In the
Federal Register notice containing the proposed regu-
lation to designate critical habitat, the Secretary shall
describe the economic impacts and other relevant im-
132
pacts that are to be considered, and the benefits that
are to be weighed, under paragraph (3) in designat-
ing an area as critical habitat, along with maps
showing the location of the area to be designated as
critical habitat. The Secretary shall submit the de-
scription, and the documentation supporting the de-
scription, to the Bureau of Labor Statistics of the De-
partment of Labor. The Commissioner of Labor Sta-
tistics shall submit written comments during the com-
ment period on the proposed regulation. The Sec-
retary shall hold at least one public hearing in each
State on the proposed rule in which critical habitat
is designated for a species. In issuing any final regu-
lation designating critical habitat, the Secretary shall
respond separately and fully to each comment.
‘‘(5) JUDICIAL
REVIEW
OF
CRITICAL
HABITAT
DESIGNATION.—The decision whether to designate
critical habitat shall be subject to a de novo judicial
review with the court determining whether the deci-
sion is supported by a preponderance of the evidence.
‘‘(j) JUDICIAL REVIEW OF CONSERVATION OBJECTIVE
OR PLAN.—The standard for judicial review of any decision
of the Secretary, or a Federal agency pursuant to this sec-
tion shall be whether the decision is arbitrary, capricious,
133
an abuse of discretion, or otherwise not in accordance with
law.
‘‘(k) CONSERVATION PLANS FOR FOREIGN SPECIES.—
In developing conservation objectives and conservation
plans under this section, the Secretary shall, in regard to
foreign species—
‘‘(1) act consistently with the Convention; and
‘‘(2) cooperate and support the conservation
strategy adopted for that species by any foreign na-
tion in which the species occurs.’’.
(b) CONFORMING AMENDMENTS.—Section 4(b)(6) (16
U.S.C. 1533(b)(6)) is amended—
(1) in subparagraph (B)(i) by striking ‘‘or revi-
sion concerned’’;
(2) in subparagraph (B)(iii) by striking ‘‘or re-
vision concerned, a finding that the revision should
not be made,’’; and
(3) by striking subparagraph (C).
(c) CONFORMING AMENDMENT.—Section 4(b)(8) (16
U.S.C. 1533(b)(8)) is amended by striking ‘‘regulation’’ the
third time it appears and all that follows through the end
of the paragraph and inserting ‘‘regulation.’’.
(d) DEFINITION OF CRITICAL HABITAT.—Section 3(7),
as redesignated by section 102(a) of this Act, is amended
to read as follows:
134
‘‘(7)(A) The term ‘critical habitat’ for an endan-
gered species or a threatened species means the spe-
cific areas which are within the geographic area
found to be occupied by a species at the time the spe-
cies is determined to be an endangered species or a
threatened species in accordance with section 4 and
which contain such physical or biological features
as—
‘‘(i) are essential to the persistence of the
species over the 50-year period beginning on the
date the regulation designating the critical habi-
tat, or any revision of the regulation, is promul-
gated; and
‘‘(ii) require special management consider-
ations or protection.
‘‘(B) Except in those circumstances determined
by the Secretary, critical habitat shall not include the
entire geographical area occupied by the threatened
species or endangered species.’’.
SEC. 505. RECOGNITION OF CAPTIVE PROPAGATION AS
MEANS OF RECOVERY.
Section 5, as added by section 501 of this Act and as
amended by sections 502, 503, and 504 of this Act, is
amended by adding at the end the following new subsection:
135
‘‘(l) RECOGNITION
OF CAPTIVE PROPAGATION
AS
MEANS OF CONSERVATION.—
‘‘(1) IN GENERAL.—In carrying out this Act, the
Secretary shall recognize to the maximum extent
practicable, and may utilize, captive propagation as
a means of protecting or conserving an endangered
species or a threatened species.
‘‘(2) CAPTIVE PROPAGATION GRANTS.—The Sec-
retary may, subject to appropriations therefor, pro-
vide annual grants to non-Federal persons to fund
captive propagation programs for the purpose of pro-
tecting or conserving any species that is determined
under section 4 to be an endangered species or a
threatened species, if the Secretary determines that
such a program contributes to enhancement of the
population of the species.’’.
SEC. 506. INTRODUCTION OF SPECIES.
Section 10(j) (16 U.S.C. 1539(j)) is amended—
(1) by amending paragraph (2)(B) to read as
follows:
‘‘(B) Before authorizing the release of any population
under subparagraph (A), the Secretary shall by regula-
tion—
‘‘(i) identify the population and the precise
boundaries of the geographic area for the release and
136
determine, on the basis of the best available informa-
tion, whether the release is in the public interest,
whether or not such population is essential to the con-
tinued existence of an endangered species or a threat-
ened species; and
‘‘(ii) in the case of a release of a species of pred-
atory mammal in a unit of the National Park System
or the National Wildlife Refuge System—
‘‘(I) require that if the species enters private
property, measures shall be taken to remove the
species from the property and protect the safety
and welfare of the public and domestic animals,
including livestock; and
‘‘(II) provide funding for such measures, in-
cluding compensation for diminution of property
values pursuant to section 19 of this Act.’’;
(2) in paragraph (2)(C)—
(A) in clause (i) by striking ‘‘and’’ after the
semicolon; and
(B) by striking clause (ii) and inserting the
following:
‘‘(ii) for the purposes of sections 4(d) and
9(a)(1)(B), any member of an experimental popu-
lation found outside the geographic area in which the
population is released shall not be treated as a threat-
137
ened species if the member poses a threat to the wel-
fare of the public; and
‘‘(iii) critical habitat shall not be designated
under this Act or if designated prior to the Endan-
gered Species Conservation and Management Act of
1995, shall be removed from any non-Federal land,
for any experimental population determined under
subparagraph (B) to be not essential to the continued
existence of a species.’’;
(3) by adding at the end of paragraph (2) the
following new subparagraph:
‘‘(D) The Secretary shall determine under subpara-
graph (B) that a population is not essential to the contin-
ued existence of an endangered species or threatened species,
unless the Secretary determines on the basis of the best
available scientific and commercial data that the loss of one
or more of the members of the population will result in the
extinction of the species.’’;
(4) by redesignating paragraph (3) as para-
graph (6); and
(5) by inserting after paragraph (2) the follow-
ing new paragraphs:
‘‘(3) REQUIREMENTS
FOR
RELEASES.—In au-
thorizing the release of a population under paragraph
(2), the Secretary shall require that—
138
‘‘(A) to the maximum extent practicable, the
release occurs only in a unit of the National
Park System or the National Wildlife Refuge
System;
‘‘(B) a release outside a unit occurs only in
an area that has been identified as a candidate
site for release of the population in a conserva-
tion plan for the species;
‘‘(C) in the case of a release outside a unit,
measures to protect the safety and welfare of the
public and domestic animals and the funding for
the measures are identified in the regulations au-
thorizing the release and are implemented;
‘‘(D) the regulations authorizing the release
identify precisely the geographic area for the re-
lease;
‘‘(E) a release on non-Federal land occurs
only with the written consent of the owner of the
land;
‘‘(F) the regulations authorizing the release
include measurable reintroduction goals to re-
store viable populations only within the specific
geographic area identified for release in the regu-
lations;
139
‘‘(G) the regulations authorizing the release
obligate the Secretary to remove members of the
population from non-Federal land at the written
request of the landowner and within a reasonable
period of time after receiving such a request, not
to exceed 90 days; and
‘‘(H) the regulations authorizing the release
of a population that is determined under this
paragraph to not be essential to the survival of
a species shall provide that, notwithstanding any
other provision of this Act, a taking of a member
of such population shall not be treated as a tak-
ing if it is—
‘‘(i) not knowing,
‘‘(ii) not willful, or
‘‘(iii) incidental to, and not the pur-
pose of, otherwise lawful activity.
‘‘(4) COMPLIANCE WITH STATE LAW.—In author-
izing any release under paragraph (2), the Secretary
shall ensure that the release does not conflict with the
laws of affected States relating to the species to be re-
leased.
‘‘(5) DETERMINATION REGARDING POPULATIONS
AUTHORIZED BEFORE EFFECTIVE DATE OF ENDAN-
GERED
SPECIES
CONSERVATION
AND
MANAGEMENT
140
ACT OF 1995.—(A) For each population of a species
that the Secretary, before the effective date of the En-
dangered Species Conservation and Management Act
of 1995, authorized the release of in a geographical
area separate from the other populations of the spe-
cies, the Secretary shall determine by regulation
whether or not the population is essential to the con-
tinued existence of the species.
‘‘(B) If the Secretary receives a written request
for the issuance of a regulation under subparagraph
(A) for a population for which the Secretary has not
issued such a regulation, the Secretary shall promptly
issue such a regulation by not later than 180 days
after receiving the request.’’.
SEC. 507. CONSERVING THREATENED SPECIES.
(a) REGULATIONS.—Section 4(d) (16 U.S.C. 1533(d))
is amended to read as follows:
‘‘(d) REGULATIONS TO PROTECT THREATENED SPE-
CIES.—Whenever any species is listed as a threatened spe-
cies pursuant to subsection (c), the Secretary shall issue,
concurrently with the regulation that provides for the list-
ing of the species, such regulations as the Secretary deems
necessary and advisable to provide for the conservation of
such species. Such regulations may apply to the threatened
species one or more of the prohibitions under section
141
9(a)(1), in the case of fish and wildlife, or section 9(a)(2)
in the case of plants, with respect to endangered species.
The prohibition applied to the threatened species shall ad-
dress the specific circumstances of such species and may not
be as restrictive as such prohibition for endangered species.
With respect to the taking of resident species of fish or wild-
life, such regulations shall apply in any State which has
entered into a cooperative agreement or delegation agree-
ment pursuant to section 6 only to the extent that such reg-
ulations have also been adopted by such State.’’.
(b) CONFORMING AMENDMENTS.—Section 4 (16 U.S.C.
1533) is amended—
(1) by striking subsection (f); and
(2) by redesignating subsections (g), (h), and (i)
in order as subsections (f), (g), and (h).
(c) CONSERVATION GUIDELINES.—Section 4 is amend-
ed in subsection (g), as redesignated by subsection (b)(2)
of this section, by amending paragraph (3), as redesignated
by section 304(b)(2) of this Act, to read as follows:
‘‘(3) a system for developing and implementing,
on a priority basis, conservation objectives and con-
servation plans. The Secretary shall provide to the
public notice of, and opportunity to submit written
comments on, any guideline (including any amend-
142
ment thereto) proposed to be established under this
subsection.’’.
SEC. 508. DELEGATION OF AUTHORITY TO STATES.
Section 5 is further amended by adding at the end the
following new subsection:
‘‘(n) DELEGATION TO STATE.—(1) At the request of
a State, the Secretary shall delegate either under a coopera-
tive management plan or a delegation agreement as pro-
vided in section 6, to the State the authority to develop and
implement conservation objectives and plans for a species
or group of species determined to be endangered species or
threatened species, unless the Secretary determines that the
State lacks authority and capability to carry out the re-
quirements of this Act. If the Secretary determines that the
State lacks authority and capability, the Secretary shall no-
tify the Governor of the State of the specific concerns and
specify measures necessary to address those concerns and
provide the Governor with the opportunity to take the ac-
tions necessary to address those concerns.
‘‘(2) The Secretary shall monitor the actions of the
State to develop and implement a conservation objective
and conservation plan. The Secretary shall assist the States
in coordinating their actions with other affected States
where the species may occur.
143
‘‘(3) If the Secretary determines that the State is not
in compliance with this Act, the cooperative management
agreement, or the delegation agreement, the Secretary shall
so notify the State and shall specify the areas of noncompli-
ance. The States shall have 60 days in which to respond
and in which to come into compliance. If the State fails
to adequately respond or to come into compliance, the Sec-
retary is authorized to resume responsibility for the develop-
ment and implementation of the conservation objective and
plan.’’.
TITLE VI—HABITAT
PROTECTIONS
SEC. 601. FEDERAL BIOLOGICAL DIVERSITY RESERVE.
Section 5A, as redesignated by section 501 of this Act,
is amended to read as follows:
‘‘SEC. 5A. PROTECTION OF HABITAT.
‘‘(a) ESTABLISHMENT OF NATIONAL BIOLOGICAL DI-
VERSITY RESERVE.—
‘‘(1) IN GENERAL.—There is hereby established a
National Biological Diversity Reserve (hereinafter in
this Act referred to as the ‘Reserve’). The Reserve shall
be composed of units of Federal and State lands des-
ignated in accordance with paragraph (2) and man-
aged in accordance with paragraph (3).
144
‘‘(2) DESIGNATION OF RESERVE UNITS.—(A) Not
later than 18 months after the date of enactment of
the Endangered Species Conservation and Manage-
ment Act of 1995, the Secretary of the Interior and
the Secretary of Agriculture shall designate to the Re-
serve by regulation those units of the national con-
servation systems which are within the jurisdiction of
the Secretary concerned and which the Secretary de-
termines would contribute to biological diversity in
accordance with the provisions of this Act. The term
‘national conservation systems’ means wholly feder-
ally owned lands within the National Park System,
the National Wildlife Refuge System, or the National
Wilderness Preservation System, and wild segments of
rivers within the National Wild and Scenic Rivers
System.
‘‘(B) The Secretary of the Interior shall—
‘‘(i) designate to the Reserve by regulation
a unit of State-owned lands if such unit is nomi-
nated for designation by the Governor of the
State and is managed under State law in ac-
cordance with paragraph (3);
‘‘(ii) designate to the Reserve by regulation
privately owned land that is nominated for des-
ignation by the owner of the land, and shall re-
145
move such land from the Reserve if the owner re-
quests removal;
‘‘(iii) remove from the Reserve by regulation
any unit designated pursuant to clause (i) which
the Secretary finds is not managed under State
law in accordance with paragraph (3); and
‘‘(iv) remove from the Reserve any State-
owned lands at the request of the Governor of
that State.
‘‘(C) Designation of a Reserve unit shall not af-
fect any valid existing permit, contract, license, right,
right-of-way, access, interest in land, right to use or
receive water, or property right.
‘‘(3) MANAGEMENT OF THE RESERVE.—(A) Each
unit of the Reserve may have as a goal the conserva-
tion of biological diversity. Such goal shall be supple-
mentary and secondary to other purposes established
for such unit by or pursuant to any provision of law
applicable to such unit. Management for biological di-
versity shall not be inconsistent with or diminish
other unit purposes, other provisions of law applica-
ble to such unit, and activities which occur or are au-
thorized to occur on such unit.
‘‘(B) The manager of each Reserve unit should
consistent with paragraph (4) utilize his authority to
146
use active management and recovery measures, in-
cluding those specified in section 5(b)(2)(A)(vi), and
shall conduct a survey to determine the populations
of species within the Reserve.
‘‘(C) Nothing in this section shall—
‘‘(i) alter, establish, or affect the respective
rights of the United States, the States, or any
person with respect to any water or water-relat-
ed right; or
‘‘(ii) affect the laws, rules, and regulations
pertaining to hunting, fishing, and other lawful
wildlife harvest under existing State and Federal
laws and Indian treaties.
‘‘(D) Within 1 year of the designation of a unit
to the Reserve, the manager of such unit shall com-
plete, and the Secretary concerned shall make avail-
able to the public by notice in the Federal Register,
an inventory of the species composing the biological
diversity within such unit.
‘‘(4) OTHER FEDERAL LANDS.—Nothing in this
Act shall be construed as limiting the authority of the
Secretary of the Interior or the Secretary of Agri-
culture to take such actions as are necessary and au-
thorized by other law to protect, maintain, and en-
hance biological diversity on other Federal lands not
147
designated to the Reserve except that, before taking
any such action, the Secretary concerned shall make
a finding based on the best available scientific and
commercial data, that the biological diversity for
which such action is proposed is not protected, main-
tained, or enhanced in whole or substantial part on
any unit of the Reserve. Such finding shall be pub-
lished, along with the reasons therefor in the Federal
Register.’’.
SEC. 602. LAND ACQUISITION.
Section 5A, as redesignated by section 501 of this Act
and as amended by section 601 of this Act, is amended by
adding at the end the following new subsection:
‘‘(b) LAND ACQUISITION.—
‘‘(1) PROGRAM.—The Secretary, and the Sec-
retary of Agriculture with respect to the National
Forest System, shall establish and implement a pro-
gram to conserve fish, wildlife, and plants, including
those which are determined to be endangered species
or threatened species pursuant to section 4. To carry
out such a program, the appropriate Secretary—
‘‘(A) shall utilize the land acquisition and
other authority under the Fish and Wildlife Act
of 1956 (16 U.S.C. 742a et seq.), the Fish and
Wildlife Coordination Act (16 U.S.C. 661 et
148
seq.), and the Migratory Bird Conservation Act
(16 U.S.C. 715 et seq.), as appropriate; and
‘‘(B) is authorized to acquire by purchase,
lease, donation, or otherwise, lands, waters, or
interest therein, including short- or long-term
conservation easements, and such authority shall
be in addition to any other land acquisition au-
thority vested in that Secretary.
‘‘(2) AVAILABILITY OF FUNDS FOR ACQUISITION
OF LANDS, WATER, ETC.—Funds made available pur-
suant to the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 4601–4 et seq.) and funds made
available under section 13(c)(4) may be used for the
purpose of acquiring or leasing lands, waters, or in-
terests therein under this subsection.’’.
SEC. 603. PROPERTY EXCHANGES.
Section 5A, as redesignated by section 501 of this Act
and as amended by sections 601 and 602 of this Act, is
amended by adding at the end the following new sub-
sections:
‘‘(c) EXCHANGES.—
‘‘(1) IN
GENERAL.—In accordance with sub-
section (a), the Secretary of the Interior and the Sec-
retary of Agriculture shall encourage exchanges of
lands, waters, or interests in land or water within the
149
jurisdiction of each Secretary (other than units of the
National Park System and units of the National Wil-
derness Preservation System) for lands, waters, or in-
terests in land or water that are not in Federal own-
ership and that are affected by this Act.
‘‘(2) TIMING
OF
EXCHANGES.—An exchange
under this subsection may be made if the Secretary
of the Interior or the Secretary of Agriculture deter-
mines, without a formal appraisal, that the lands to
be exchanged are of approximately equal value after
allowing the State in which the land being exchanged
is located 30 days in which to comment on the ex-
change.
‘‘(3) ENVIRONMENTAL
ASSESSMENT.—An envi-
ronmental assessment shall be the only document
under section 102(2) of the National Environmental
Policy Act of 1976 (16 U.S.C. 4332(2)) that shall be
prepared with respect to any exchange under this sub-
section.
‘‘(4) EXPEDITIOUS EXCHANGE DECISIONS.—An
exchange under this subsection shall be processed as
expeditiously as practicable. The Secretary of the In-
terior or the Secretary of Agriculture shall periodi-
cally provide information to the non-Federal land-
owner on the status of the exchange.
151
TITLE 
VII—STATE 
AUTHORITY
TO 
PROTECT 
ENDANGERED
AND THREATENED SPECIES
SEC. 701. STATE AUTHORITY.
(a) IN GENERAL.—Section 6 (16 U.S.C. 1535) is
amended by striking subsection (c) and all that follows
through subsection (f) and inserting the following:
‘‘(c) STATE AUTHORITY TO PROTECT ENDANGERED
AND THREATENED SPECIES.—
‘‘(1) DELEGATION OF AUTHORITY.—In further-
ance of the purposes of this Act, the Secretary may
delegate to a State which establishes and maintains
an adequate program for the conservation of endan-
gered species and threatened species the authority con-
tained in this Act with respect to species that are
residents in the State. Within 120 days after the Sec-
retary receives a certified copy of such a proposed
State program, the Secretary shall make a determina-
tion whether such program will be adequate to pro-
vide protections to endangered species and threatened
species in such State. In order for a State program
to be determined to be an adequate program for the
conservation of endangered species and threatened
species, the Secretary must find that under the State
program—
152
‘‘(A)(i) authority resides in the State agen-
cy to conserve resident species that are deter-
mined by the State agency or the Secretary to be
endangered species or threatened species;
‘‘(ii) the State agency has established ac-
ceptable conservation programs, consistent with
the purposes and policies of this Act, for all resi-
dent species in the State which are determined
by the Secretary to be endangered species or
threatened species or for those species or taxo-
nomic groups of species which the State proposes
to cover under its program, and has furnished a
copy of such plan and program together with all
pertinent details, information, requested to the
Secretary;
‘‘(iii) the State agency is authorized to con-
duct investigations to determine the status and
requirements for survival of resident endangered
species and threatened species;
‘‘(iv) an agency of the State is authorized to
establish programs, including the acquisition of
land or aquatic habitat or interests therein, for
the conservation of resident endangered species or
threatened species;
153
‘‘(v) provision is made for public participa-
tion in designating resident species as endan-
gered species or threatened species; and
‘‘(vi) the State agency has initiated or en-
couraged voluntary or incentive based programs
to further the conservation objectives for the spe-
cies; or
‘‘(B)(i) the requirements set forth in clauses
(iii), (iv), and (v) of subparagraph (A) are com-
plied with, and
‘‘(ii) plans are included under which imme-
diate attention will be given to those resident
species which are determined by the Secretary or
the State agency to be endangered species or
threatened species and which the Secretary and
the State agency agree are most urgently in need
of conservation programs.
‘‘(2) PROHIBITIONS NOT AFFECTED.—A delega-
tion to a State whose program is determined adequate
under paragraph (1) shall not affect the applicability
of prohibitions set forth in or authorized pursuant to
section 4(d) or section 9(a)(1) or (2) with respect to
the taking of any resident endangered species or
threatened species in the State.
‘‘(d) ALLOCATION OF FUNDS.—
154
‘‘(1) FINANCIAL ASSISTANCE.—(A) The Secretary
may provide financial assistance to any State,
through its respective State agency, which has entered
into a cooperative management agreement under sub-
section (b) or received authority under a delegation
pursuant to subsection (c) of this section to assist in
development of programs for the conservation of en-
dangered species and threatened species or to assist in
monitoring the status of candidate species pursuant
to subparagraph (C) of section 4(b)(3) and recovered
species pursuant to section 4(f). The Secretary shall
allocate each annual appropriation made in accord-
ance with subsection (i) to such States based on con-
sideration of—
‘‘(i) the international commitments of the
United States to protect endangered species or
threatened species;
‘‘(ii) the readiness of a State to proceed
with a conservation program consistent with the
objectives and purposes of this Act;
‘‘(iii) the number of endangered species and
threatened species within a State;
‘‘(iv) the potential for restoring endangered
species and threatened species within a State;
155
‘‘(v) the relative urgency to initiate a pro-
gram to restore and protect an endangered spe-
cies or threatened species in terms of survival of
the species;
‘‘(vi) the importance of monitoring the sta-
tus of candidate species within a State to pre-
vent a significant risk to the well-being of any
such species; and
‘‘(vii) the importance of monitoring the sta-
tus of recovered species within a State to assure
that such species do not return to the point at
which the measures provided pursuant to this
Act are again necessary.
‘‘(B) So much of the annual appropriation made
in accordance with subsection (i) allocated for obliga-
tion to any State for any fiscal year as remains un-
obligated at the close thereof may be made available
to that State until the close of the succeeding fiscal
year. Any amount allocated to any State which is un-
obligated at the end of the period during which it is
available for expenditure may be made available for
expenditure by the Secretary in conducting programs
under this section.
‘‘(2) CONTENTS OF DELEGATION AGREEMENT.—
Such delegation shall provide for—
156
‘‘(A) the actions to be taken by the Sec-
retary and the States;
‘‘(B) the benefits that are expected to be de-
rived in connection with the conservation of en-
dangered species or threatened species;
‘‘(C) the estimated cost of these actions; and
‘‘(D) the share of such costs to be borne by
the Federal Government and by the States; ex-
cept that—
‘‘(i) the Federal share of such program
costs shall not exceed 75 percent of the esti-
mated program cost stated in the agree-
ment; and
‘‘(ii) the Federal share may be in-
creased to 90 percent whenever two or more
States having a common interest in one or
more endangered species or threatened spe-
cies, the conservation of which may be en-
hanced by cooperation of such States, enter
jointly into an agreement with the Sec-
retary.
The Secretary may, in the Secretary’s discretion, and
under such rules and regulations as he may prescribe,
advance funds to the State for financing the United
States pro rata share agreed upon in the cooperative
157
agreement. For the purposes of this section, the non-
Federal share may, in the discretion of the Secretary,
be in the form of money or real property, the value
of which will be determined by the Secretary, whose
decision shall be final.
‘‘(3) COMPLIANCE WITH PROCEDURES.—In im-
plementing this Act under authority delegated to a
State by the Secretary, the State shall comply with
all requirements, prohibitions, and procedures set
forth by this Act.
‘‘(e) REVIEW
OF STATE PROGRAMS.—Any action
taken by the Secretary under this section shall be subject
to his periodic review at no greater than intervals of 5
years.
‘‘(f) CONFLICTS
BETWEEN
FEDERAL
AND
STATE
LAWS.—Any State law or regulation which applies with
respect to the importation or exportation of, or interstate
or foreign commerce in, endangered species or threatened
species is void to the extent that it may effectively—
‘‘(1) permit what is prohibited by this Act or by
any regulation which implements this Act, or
‘‘(2) prohibit what is authorized pursuant to an
exemption or permit provided for in this Act or in
any regulation which implements this Act. This Act
shall not otherwise be construed to void any State law
158
or regulation which is intended to conserve migratory,
resident, or introduced fish or wildlife, or to permit
or prohibit sale of such fish or wildlife. Any State law
or regulation respecting the taking of an endangered
species or threatened species may be more restrictive
than the exemptions or permits provided for in this
Act or in any regulation which implements this Act.’’.
(b) CONFORMING AMENDMENT.—Section 6(g)(2)(A)
(16 U.S.C. 1535(g)(2)(A)) is amended to read as follows:
‘‘(A) to which the Secretary has delegated au-
thority under subsection (c); or’’.
(c) FACA.—Section 6 (16 U.S.C. 1535), as amended
by sections 103 and 105 of this Act, is further amended
by adding at the end the following new subsection:
‘‘(l) FACA.—Consultation with States regarding this
section shall not be subject to the Federal Advisory Commit-
tee Act (5 U.S.C. App.).’’.
SEC. 702. STATE PROGRAMS AFFECTED BY THE CONVEN-
TION.
Section 8A (16 U.S.C. 1537a), as amended by section
207(b) of this Act, is amended by adding at the end the
following new subsection:
‘‘(h) ISSUANCE OF PERMITS FOR EXPORT.—
‘‘(1) COMPLIANCE
WITH
STATE
RECOMMENDA-
TION.—In any instance in which a State has a pro-
159
gram for management of a native species which is the
subject of a request for an export permit under the
Convention, the Secretary shall act in accordance
with the recommendation of the State unless the Sec-
retary makes a finding and publishes a notice in the
Federal Register that scientific evidence justifies a
conclusion contrary to the advice of the State.
‘‘(2) APPEAL.—The State which is the subject to
such a finding, or any person in that State directly
affected because of inability to obtain a permit, may
appeal the finding to an Administrative Law Judge
or a court. The burden shall be on the Secretary to
show that the evidence supports a finding contrary to
the recommendation of the State.’’.
SEC. 703. COLLABORATIVE RULEMAKING WITH THE STATES.
Section 6(h) (16 U.S.C. 1535(h)) is amended to read
as follows:
‘‘(h) RULEMAKING AUTHORITY AND PROCEDURES.—
The Secretary is authorized to promulgate such regulations
as may be appropriate to carry out the provisions of this
subsection, subject to the following requirements:
‘‘(1) The Secretary shall not propose a rule,
under the authority of this Act, that has application
in a State, until the Secretary and the State have
consulted and the State has been given a meaningful
160
opportunity to assist in the development of the rule,
and shall seek to integrate into the proposed rule the
recommendations of the State, including recommenda-
tions with regard to field practices.
‘‘(2) The Secretary shall establish procedures for
rulemaking that include the applicable State within
60 days after the effective date of the Endangered
Species Conservation and Management Act of 1995. If
the rule will affect more than 1 State, the rule shall
provide a means by which the States or their rep-
resentatives may participate in the rulemaking.
‘‘(3) Where the term ‘in cooperation with the
States’ is used in this Act, the requirements of this
subsection shall apply.’’.
TITLE VIII—FUNDING OF
CONSERVATION MEASURES
SEC. 801. AUTHORIZING INCREASED APPROPRIATIONS.
Section 15 (16 U.S.C. 1542) is amended to read as
follows:
‘‘SEC. 15. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—In addition to the amounts au-
thorized to be appropriated under section 6(i) and sub-
sections (b) through (e), there are authorized to be appro-
priated—
161
‘‘(1) to the Department of the Interior to carry
out the duties of the Secretary of the Interior under
this 
Act 
$110,000,000 
for 
fiscal 
year 
1996,
$120,000,000 for fiscal year 1997, $130,000,000 for
fiscal year 1998, $140,000,000 for fiscal year 1999,
$150,000,000 for fiscal year 2000, and $160,000,000
for fiscal year 2001;
‘‘(2) to the Department of Commerce to carry out
the duties of the Secretary of Commerce under this
Act $15,000,000 for fiscal year 1996, $20,000,000 for
fiscal year 1997, $25,000,000 for fiscal year 1998,
$30,000,000 for fiscal year 1999, $35,000,000 for fis-
cal year 2000, and $40,000,000 for fiscal year 2001;
and
‘‘(3) to the Department of Agriculture to carry
out the duties of the Secretary of Agriculture under
this Act $4,000,000 for each of fiscal years 1996
through 2001.
‘‘(b) COOPERATIVE
MANAGEMENT
AGREEMENTS.—
There are authorized to be appropriated to the Department
of the Interior to carry out section 16(b)(4), $20,000,000
for each of fiscal years 1996 through 2001, to remain avail-
able until expended.
‘‘(c) CONVENTION IMPLEMENTATION.—There are au-
thorized to be appropriated to the Department of the Inte-
162
rior to carry out section 8A(e) $1,000,000 for each of fiscal
years 1996 through 2001, to remain available until ex-
pended.
‘‘(d) NON-FEDERAL
CONSERVATION
PLANNING.—
There are authorized to be appropriated to the Department
of the Interior to carry out section 16(b)(3) $20,000,000 for
each of fiscal years 1996 through 2001, to remain available
until expended.
‘‘(e) HABITAT CONSERVATION GRANTS.—There are au-
thorized to be appropriated to the Department of the Inte-
rior to provide habitat conservation grants under section
6(k) $20,000,000 for each of fiscal years 1996 though 2001,
to remain available until expended.’’.
SEC. 802. FUNDING OF FEDERAL MANDATES.
Section 16 is amended to read as follows:
‘‘SEC. 16. FEDERAL COST-SHARING REQUIREMENTS FOR
CONSERVATION OBLIGATIONS.
‘‘(a) DIRECT COSTS DEFINED.—In this section, the
term ‘direct costs’ means—
‘‘(1) expenditures on labor, material, facilities,
utilities, equipment, supplies and other resources
which are necessary to undertake a specific conserva-
tion measure;
‘‘(2) increased purchase power costs and lost rev-
enues caused by changes in the operation of a hydro-
165
‘‘(2) 
COST-SHARE
PAYMENT
FOR
FEDERAL
POWER
MARKETING
ADMINISTRATIONS
AND
OTHER
STATE
OR
LOCAL
GOVERNMENTAL
ENTITIES.—The
Secretary shall make a contribution under subsection
(b) to a Federal power marketing administration or
any other State or local governmental entity by pro-
viding appropriated funds directly to the administra-
tion or governmental entity.
‘‘(3) APPROPRIATED FUNDS.—To the maximum
extent practicable, any appropriated funds paid by
the Secretary under paragraphs (1) and (2) shall be
paid directly (in lieu of reimbursement) to the party,
person, or administration.
‘‘(4) LOANS.—The Secretary may not consider a
loan to the party to the cost-share as a contribution
or portion of a contribution under subsection (b).
‘‘(5) RECOVERED
COSTS.—The Secretary may
not claim as a portion of the Federal share under
subsection (b) any costs to the Federal Government
that are recovered through rates for the sale or trans-
mission of power or water.
‘‘(6) EFFECT OF FEDERAL NONPAYMENT.—If the
Secretary fails to make the contribution required
under subsection (b), the application of the applicable
provision of the conservation plan, requirement under
166
section 7, term under the incidental take permit, or
provision of the cooperative management agreement
shall be suspended until such time as the full con-
tribution is made. If the suspended provision or re-
quirement includes a conservation easement or other
instrument restricting title to the property of the non-
Federal person, nonpayment of the full contribution
shall result in the nullification of the previously
granted restriction on title.
‘‘(7) IN-KIND
CONTRIBUTIONS.—A non-Federal
person or Federal power marketing administration
may include in-kind contributions in calculating the
appropriate share of the costs of the person or admin-
istration under this section.
‘‘(8) COSTS
PAID
BY
THE
SECRETARY.—Com-
pensation from the Federal Government under section
19 may not cover costs incurred by a non-Federal
person that were otherwise paid by the Secretary
under subsection (b).
‘‘(d) EXISTING COST-SHARING AGREEMENTS.—Any
cost-sharing agreement with a non-Federal person provided
in any recovery plan or other agreement in existence prior
to the date of enactment of this subsection shall remain in
effect unless the non-Federal person requests that the cost-
sharing percentage be reconsidered.
167
‘‘(e) ADJUSTMENTS
TO
COST-SHARING
PERCENT-
AGE.—At the request of the non-Federal person, the Sec-
retary may adjust the percentage of the Federal contribu-
tion to a higher share.’’.
SEC. 803. NATIONAL ENDOWMENT FOR FISH AND WILDLIFE.
Section 13 is amended to read as follows:
‘‘SEC. 13. NATIONAL ENDOWMENT FOR FISH AND WILDLIFE
TRUST FUND.
‘‘(a) ESTABLISHMENT.—There is established in the
general fund of the Treasury a separate account which shall
be known as the ‘National Endowment for Fish and Wild-
life Trust Fund’ (in this section referred to as the ‘Fund’).
‘‘(b) CONTENTS.—The Fund shall consist of the follow-
ing:
‘‘(1) Amounts received as gifts, bequests, and de-
vises under subsection (d).
‘‘(2) Other amounts appropriated to or otherwise
deposited in the Fund.
‘‘(c) USE.—Amounts in the fund shall be available to
the Secretary, subject to appropriations, for the following:
‘‘(1) Payment of compensation under section 19.
‘‘(2) Habitat conservation grants under section
6(k).
‘‘(3) Payment of cost sharing under section 16.
168
‘‘(4) Acquisition or leasing of lands, waters, or
interests therein under section 5A(b).
‘‘(d) GIFTS, BEQUESTS, AND DEVISES.—
‘‘(1) IN GENERAL.—The Secretary may accept,
use, and dispose of gifts, bequests, or devises of serv-
ices or property, both real and personal, for the pur-
pose of carrying out this Act.
‘‘(2) DEPOSIT INTO FUND.—Gifts, bequests, or
devises of money, and proceeds from sales of other
property received as gifts, bequests, or devises, shall be
deposited in the Fund and shall be available for dis-
bursement upon order of the Secretary.’’.
TITLE IX—MISCELLANEOUS
PROVISIONS
SEC. 901. AMENDMENTS TO DEFINITIONS.
Section 3 (16 U.S.C. 1532) is amended—
(1) by adding after paragraph (16) (as added by
section 401(e)(1) of this Act) the following new para-
graph:
‘‘(17) The term ‘non-Federal person’ means a
person other than an officer, employee, agent, depart-
ment, or instrumentality of the Federal Government
or a foreign government, acting in the official capac-
ity of the person.’’; and
169
(2) by amending paragraph (3) (as redesignated
by section 102(a)(1) of this Act) to read as follows:
‘‘(3) The term ‘commercial activity’ means all
activities of industry and trade, including, but not
limited to, the buying or selling of commodities and
activities conducted for the purpose of facilitating
such buying and selling, except that it does not in-
clude exhibition of commodities or species by exhibi-
tors licensed under the Animal Welfare Act (7 U.S.C.
2131 et seq.), museums, or similar cultural or histori-
cal organizations.’’.
SEC. 902. REVIEW OF SPECIES OF NATIONAL INTEREST.
No later than 60 days after the date of the enactment
of this Act, the Secretary (as that term is defined in section
3 of the Endangered Species Act of 1973, as amended by
this Act) shall identify those species which are listed under
section 4 of that Act as a result of being determined to be
a population segment. No later than one year after the date
of the enactment of this Act, the Secretary shall review and
determine whether or not it is in the national interest to
continue to list each such population segment. Those popu-
lation segments which the Secretary recommends for contin-
ued listing in the national interest shall be submitted to
the Congress for approval. Any population segment which
170
is not determined to be in the national interest shall be
delisted within 180 days after that determination.
SEC. 903. PREPARATION OF CONSERVATION PLANS FOR
SPECIES LISTED BEFORE ENACTMENT OF
THIS ACT.
(a) LISTED SPECIES WITHOUT RECOVERY PLANS.—
(1) PRIORITY FOR DEVELOPMENT OF CONSERVA-
TION PLANS.—Not later than 30 days after the date
of enactment of this Act, the Secretary (as defined in
section 3 of the Endangered Species Act of 1973, as
amended by this Act) shall publish a list of all species
that were determined to be endangered species or
threatened species under section 4 of the Act (16
U.S.C. 1533) for which no final recovery plans were
issued under section 4(f) of the Act (16 U.S.C.
1533(f)) (as in effect on the day before the date of en-
actment of this Act) divided equally into three tiers
of priority for preparation of conservation objectives
and conservation plans therefor pursuant to section 5
of the Act. Any species which is listed as an endan-
gered species or threatened species in more than one
State shall be placed in the first tier of priority.
(2) SCHEDULE FOR ADOPTION OF PLANS.—The
Secretary shall publish pursuant to section 5 of the
Endangered Species Act of 1973 a conservation objec-
171
tive, draft conservation plan, and final conservation
plan (except when a conservation objective is pub-
lished pursuant to section 5(b)(3)(C) of such Act) for
each species within each tier of priority identified
pursuant to paragraph (1) within the following peri-
ods after the date of enactment of this Act:
(A) Conservation objective: First tier, 120
days; second tier, 12 months; and third tier, 24
months.
(B) Draft conservation plan: First tier, 6
months; second tier, 18 months; and third tier,
30 months.
(C) Final conservation plan: First tier, 12
months; second tier, 24 months; and third tier,
36 months.
(b) LISTED SPECIES WITH RECOVERY PLANS.—
(1) PRIORITY
FOR
REVISION
OF
EXISTING
PLANS.—Except as provided in paragraph (3), a
final recovery plan issued under section 4(f) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(f))
(as in effect on the day before the date of enactment
of this Act) shall continue in effect until the expira-
tion of the deadline for revision thereof established
under this paragraph. Within 90 days after the date
of enactment of this Act, the Secretary shall publish
172
a list of all species that were determined to be endan-
gered species or threatened species under section 4 of
such Act (16 U.S.C. 1533) and for which final recov-
ery plans were issued under section 4(f) of such Act
(16 U.S.C. 1533(f)) (as in effect on the day before the
date of enactment of this Act) divided equally into
three tiers of priority for preparation of conservation
objectives pursuant to section 5(b) of such Act and re-
visions of the recovery plans consistent with the re-
quirements for conservation plans set forth in section
5(c) of such Act. Any species which is listed as an en-
dangered species or threatened species in more than
one State shall be placed in the first tier of priority.
(2) SCHEDULE FOR REVISION OF PLANS.—The
Secretary shall publish pursuant to section 5 of the
Endangered Species Act of 1973 a conservation objec-
tive, draft revision of the existing recovery plan, and
final revision of the existing recovery plan (except
when a conservation objective is published pursuant
to section 5(b)(3)(C) of such Act) for each species
within each tier of priority identified pursuant to
paragraph (1) within the following periods after the
date of enactment of this Act:
173
(A) Conservation objective: First tier, 180
days; second tier, 18 months; and third tier, 30
months.
(B) Draft revised recovery plan: First tier,
12 months; second tier, 24 months; and third
tier, 36 months.
(C) Final revised recovery plan: First tier,
18 months; second tier, 30 months; and third
tier, 42 months.
(3) SPECIES FOR WHICH NO CONSERVATION PLAN
IS REQUIRED.—If the Secretary publishes a conserva-
tion objective for which no conservation plan is re-
quired pursuant to section 5(b)(3)(C) of the Endan-
gered Species Act of 1973 for any species subject to
this subsection, the final recovery plan applicable to
the species shall be rescinded.
(c) PROHIBITION ON ADDITIONAL REQUIREMENTS.—
The Secretary or any other Federal agency may not require
any increase in any measurable criterion contained in, or
any site specific management action in addition to those
provided in, a final recovery plan issued under section 4(f)
of the Endangered Species Act of 1973 (16 U.S.C. 1533(f))
(as in effect on the day before the date of enactment of this
Act) until such time as a conservation plan, or, pursuant
174
to section 5(b)(3)(C) of such Act, a conservation objective,
has been published under section 5 of such Act.
(d) EXISTING BIOLOGICAL OPINIONS.—In conjunction
with the issuance of a conservation plan, or, pursuant to
section 5(b)(3)(C) of the Endangered Species Act of 1973,
a conservation objective under subsection (a) or (b), the Sec-
retary (as defined in section 3 of such Act (16 U.S.C. 1532))
shall review and reissue, in accordance with section 7 of
such Act, any written opinion of the Secretary that relates
to the affected species and was issued after January 1, 1995,
under section 7(b)(3) of such Act (16 U.S.C. 1536(b)(3))
(as in effect on the day before the date of enactment of this
Act).
SEC. 904. APPLICATION OF CONSERVATION PLANS FOR SIN-
GLE OR MULTIPLE SPECIES TO HABITAT CON-
SERVATION PLANS APPROVED PRIOR TO THIS
ACT.
A single or multiple species habitat conservation plan
developed and approved under the Endangered Species Act
of 1973 by the Secretary (as that term is defined in that
Act) before the date of the enactment of this Act and a per-
mit issued with respect to such plan shall remain in effect
and shall not be required to be amended if a species to
which the plan and permit apply is determined to be an
endangered species or a threatened species under section 4
175
that Act. No further requirements shall be made by the Sec-
retary for such plan for any reason. A party who has agreed
prior to the effective date of this Act to manage an area
under a single or multiple species habitat conservation plan
under that Act shall demonstrate conservation of habitat,
but shall not be required to relate such conservation specifi-
cally to each species with status under section 4 of the En-
dangered Species Act of 1973 or to species which are can-
didates for listing under that section.
SEC. 905. WASHINGTON COUNTY, UTAH, DESERT TORTOISE
HABITAT CONSERVATION PLAN.
(a) IN GENERAL.—The document entitled ‘‘WASH-
INGTON COUNTY, UTAH DESERT TORTOISE INCI-
DENTAL 
TAKE 
PERMIT 
APPLICATION/DOCU-
MENTS’’, dated June 1995, in this section referred to as
the ‘‘Plan’’, is deemed to comply with all requirements ap-
plicable to conservation plans under section 10 of the En-
dangered Species Act of 1973, as amended by this Act. The
Secretary (as that term is defined in that Act) shall
promptly issue a permit under section 10(a)(1)(B) of that
Act for all activities covered by the Plan.
(b) EXCHANGES OF LANDS FOR HABITAT RESERVE.—
(1) IN GENERAL.—The Secretary shall take all
appropriate steps to acquire by exchange for Bureau
of Land Management lands, in accordance with the
176
Plan, lands of equivalent value that are under State
or private ownership and that are offered to the Sec-
retary for such exchange by the owner of the lands.
Lands acquired by the Secretary under this subsection
shall be included in the Mojave Desert habitat reserve
provided for in the Plan and shall be managed in ac-
cordance with the Plan.
(2) VALUATION OF LANDS.—For purposes of ex-
changes of lands under this subsection, the value of
lands shall be determined without regard to the pres-
ence on the lands of species that are listed under sec-
tion 4(c) of the Endangered Species Act of 1973.
SEC. 906. TAKING OF SPECIES TO CONSERVE LISTED SPE-
CIES.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law (other than subsection (b)), the taking of a spe-
cies for the purpose of conserving any other species that is
listed under section 4 of the Endangered Species Act of
1973, as amended by this Act, is not prohibited by the En-
dangered Species Act of 1973 (as so amended) or any other
Federal law.
(b) LIMITATION.—Subsection (a) does not authorize
the taking of any species that is—
177
(1) listed as a threatened species or endangered
species under the Endangered Species Act of 1973, as
amended by this Act;
(2) depleted; or
(3) a strategic stock.
(c) DEFINITIONS.—In this section:
(1) DEPLETED.—The term ‘‘depleted’’ means a
species which the Secretary (as that term is defined
in the Endangered Species Act of 1973, as amended
by this Act), determines is below its optimum sustain-
able population.
(2) STRATEGIC
STOCK.—The term ‘‘strategic
stock’’ means a species stock—
(A) for which the level of direct human-
caused mortality exceeds the potential biological
removal level; or
(B) which, based on the best available sci-
entific information, is declining and is likely to
be listed as a threatened species under the En-
dangered Species Act of 1973 within the foresee-
able future.
(3) MISCELLANEOUS TERMS.—Each of the terms
‘‘Secretary’’, ‘‘species’’, and ‘‘taking’’ has the meaning
that term has in the Endangered Species Act of 1973,
as amended by this Act.
178
SEC. 907. CONFORMING AMENDMENTS.
The Endangered Species Act of 1973, is amended by
striking the material that follows the enacting clause and
precedes section 2 and inserting the following:
‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
‘‘(a) SHORT TITLE.—This Act may be cited as the ‘En-
dangered Species Act of 1973’.
‘‘(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
‘‘Sec. 1. Short title; table of contents.
‘‘Sec. 2. Findings, purposes, and policy.
‘‘Sec. 3. Definitions.
‘‘Sec. 4. Determination of endangered species and threatened species.
‘‘Sec. 5. Species conservation plans.
‘‘Sec. 5A. Protection of habitat.
‘‘Sec. 6. Cooperation with non-Federal persons.
‘‘Sec. 7. Interagency cooperation.
‘‘Sec. 8. International cooperation.
‘‘Sec. 8A. Convention implementation.
‘‘Sec. 9. Prohibited acts.
‘‘Sec. 10. Exceptions.
‘‘Sec. 11. Penalties and enforcement.
‘‘Sec. 12. Endangered plants.
‘‘Sec. 13. National Endowment for Fish and Wildlife Trust Fund.
‘‘Sec. 14. Public hearings and public meetings.
‘‘Sec. 15. Authorization of appropriations.
‘‘Sec. 16. Federal cost-sharing requirements for conservation obligations.
‘‘Sec. 17. Marine Mammal Protection Act of 1972.
‘‘Sec. 18. Annual cost analysis by the Fish and Wildlife Service.
‘‘Sec. 19. Right to compensation.
‘‘Sec. 20. Recognizing net benefits to aquatic species.’’.
SEC. 908. APPLICATION OF PROVISIONS TO CERTIFIED AP-
PLICATORS OF REGISTERED PESTICIDES.
Section 1010(a) of the Act to authorize appropriations
to carry out the Endangered Species Act of 1973 during
fiscal years 1988, 1989, 1990, 1991, and 1992, and for other
purposes (7 U.S.C. 136a note) is amended by inserting after
179
the first sentence the following: ‘‘Nothing in this Act or the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
shall be construed as prohibiting certified applicators, as
that term is defined in section 2(e) of the Federal Insecti-
cide, Fungicide, and Rodenticide Act (7 U.S.C. 136(e)), or
persons working under their direct supervision, from apply-
ing a registered pesticide in or around a commercial facil-
ity located within the critical habitat of a listed or endan-
gered species for the purpose of preventing, destroying, re-
pelling, or mitigating any pest, including but not limited
to rats, mice, ground squirrels, or other rodents that may
pose a threat to public health or safety; nor shall anything
in this Act or the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) be construed as requiring or authoriz-
ing the Administrator of the Environmental Protection
Agency by means of pesticide labeling, regulation, or other-
wise from prohibiting certified applicators, as that term is
defined in section 2(e) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136(e)), or persons working
under their direct supervision, from engaging in the activi-
ties described in the foregoing clause. The term ‘commercial
facility’ as used in the preceding sentence means any struc-
ture or other facility that is intended for nonresidential use,
including but not limited to food processing plans, food
warehouses, grocery stores, feed lots, restaurants, and retail
180
shopping malls. Neither this Act nor the Endangered Spe-
cies Act of 1973 (15 U.S.C. 1531 et seq.) shall place any
additional restrictions on the use of the United States De-
partment of Agriculture registered toxicants.’’.