‘‘(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 
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 12(d)(2) of this 
Act) is amended by inserting ‘‘or in an agreement 
under section 5(l)’’ 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(i)’’. 
(2) The Marine Mammal Protection Act of 
1972 is amended— 
(A) in section 104(c)(4)(ii) (16 U.S.C. 
1374(c)(4)(A)(ii)) by striking ‘‘section 4(f)’’ 
and inserting ‘‘section 5’’; and
(B) in section 115(b)(2) (16 U.S.C. 
1383b(b)(2)) by striking ‘‘section 4(f) of the 
Endangered Species Act of 1973 (16 U.S.C. 
1533(f))’’ and inserting ‘‘section 5 of the En-
dangered Species Act of 1973’’. 
SEC. 11. COOPERATION WITH STATES. 
Section 6 (16 U.S.C. 1535) is amended— 
(1) in subsection (c), by adding at the end the 
following: 
‘‘(3)(A) Any cooperative agreement entered into by 
the Secretary under this subsection may also provide for 
development of a program for conservation of species de-
termined to be candidate species pursuant to section 
4(b)(3)(B)(iii) or any other species that the State and the 
Secretary agree is at risk of being determined to be an 
endangered species or threatened species under section 
4(a)(1) in that State. Upon completion of consultation on 
the agreement pursuant to subsection (e)(2), any inci-
dental take statement issued on the agreement shall apply 
to any such species, and to the State and any landowners 
enrolled in any program under the agreement, without fur-
ther consultation (except any additional consultation pur-
suant to subsection (e)(2)) if the species is subsequently 
determined to be an endangered species or a threatened 
species and the agreement remains an adequate and active