‘‘(5)(A) With respect to an ongoing Federal agency 
action for which the applicable Federal agency has adopt-
ed a reasonable and prudent alternative or a reasonable 
and prudent measure to comply with subsection (a)(2), in 
any subsequent consultation for the Federal agency action 
that occurs 10 years or more after the date on which the 
initial consultation for the Federal agency action was com-
pleted, the Secretary shall— 
‘‘(i) project the likelihood of and timeline for 
the recovery of the threatened species and endan-
gered species affected by the Federal agency action; 
and 
‘‘(ii) determine whether continuing to imple-
ment the reasonable and prudent alternative or a 
reasonable and prudent measure will materially in-
crease the likelihood of and reduce the time for re-
covery of the threatened species and endangered spe-
cies. 
‘‘(B) If the Secretary finds under subparagraph 
(A)(ii) that continued implementation of the modification 
will not materially improve the likelihood of and shorten 
the time to the recovery of the species, the Federal agency 
shall discontinue implementation of the modification not-
withstanding subsection (a)(2).’’. 
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SEC. 503. REQUIREMENT TO CONSIDER REASONABLY CER-
TAIN EFFECTS. 
Section 7(a)(2) of the Endangered Species Act of 
1973 (16 U.S.C. 1536(a)) is amended by inserting ‘‘A 
consultation carried out pursuant to this paragraph shall 
consider the effects that are reasonably certain to be 
caused by the action without a substantive presumption 
in favor of the species’’ after ‘‘commercial data available.’’. 
SEC. 504. CLARIFYING JEOPARDY. 
Section 7(a) of the Endangered Species Act of 1973 
(16 U.S.C. 1536(a)) is amended by adding at the end the 
following: 
‘‘(5) For the purposes of a consultation carried out 
pursuant to paragraph (2) or a conference carried out 
under paragraph (4), the Secretary may only determine 
that the action that is the subject of such consultation 
or conference is likely to jeopardize the continued exist-
ence of an applicable species or result in the destruction 
or adverse modification of habitat of such a species which 
is determined by the Secretary, after consultation as ap-
propriate with affected States, to be critical if the Sec-
retary determines, based on the best scientific and com-
mercial data available, that the effects that are reasonably 
certain to be caused by the action are likely to result in 
the action itself causing such jeopardy.’’. 
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TITLE VI—ELIMINATING 
BARRIERS TO CONSERVATION 
SEC. 601. PERMITS FOR CITES-LISTED SPECIES. 
Section 9(c)(2) of Endangered Species Act of 1973 
(16 U.S.C. 1538(c)(2)) is amended to read as follows: 
‘‘(2) An export from or import into the United 
States of fish or wildlife listed as a threatened spe-
cies or an endangered species pursuant to section 4 
is lawful under this Act and not subject to permit 
requirements or other regulations issued by the Sec-
retary with respect to exportation and importation 
pursuant to this Act if— 
‘‘(A) such fish or wildlife is a species that 
is not native to the United States; and 
‘‘(B) with respect to the export or import, 
each applicable requirement— 
‘‘(i) of the Convention is satisfied; and 
‘‘(ii) of subsections (d), (e), and (f) is 
satisfied.’’. 
SEC. 602. UTILIZE CONVENTION STANDARD FOR PERMITS 
APPLICABLE TO NON-NATIVE SPECIES. 
Section 10(a)(1)(A) of the Endangered Species Act 
of 1973 (16 U.S.C. 1539(a)(1)(A)) is amended to read 
as follows: 
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‘‘(A)(i) with respect to a species that is native 
to the United States, any act otherwise prohibited by 
section 9 for scientific purposes or to enhance the 
propagation or survival of the affected species, in-
cluding acts necessary for the establishment and 
maintenance of experimental populations pursuant 
to subsection (j); and 
‘‘(ii) with respect to a species that is not native 
to the United States, any act otherwise prohibited by 
section 9 that the Secretary determines is not detri-
mental to the survival of the affected species, includ-
ing— 
‘‘(I) to export or re-import, deliver, receive, 
carry, transport, or ship in interstate or foreign 
commerce in the course of a commercial activ-
ity; 
‘‘(II) to buy or sell or offer for sale in 
interstate or foreign commerce; and 
‘‘(III) acts necessary for the establishment 
and maintenance of experimental populations 
pursuant to subsection (j); or’’. 
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TITLE VII—RESTORING 
CONGRESSIONAL INTENT 
SEC. 701. LIMITING AGENCY REGULATIONS. 
Section 11(f) of the Endangered Species Act of 1973 
(16 U.S.C. 1540(f)) is amended— 
(1) by striking ‘‘The Secretary,’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—The Secretary,’’; 
(2) in paragraph (1), as so designated, by strik-
ing ‘‘to enforce this Act’’ and inserting ‘‘to enforce 
this section and section 8A’’; and 
(3) by adding at the end the following: 
‘‘(2) RULE
OF
CONSTRUCTION.—This sub-
section may not be construed to be an independent 
source of authority to promulgate regulations to en-
force the provisions of this Act other than those in-
cluded in this section and section 8A.’’. 
Æ 
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