I
104TH CONGRESS
1ST SESSION
H. R. 2374
To amend the Endangered Species Act of 1973 to encourage the continued
conservation of America’s natural legacy for future generations; provide
incentives for States, local governments, and private landowners to con-
serve species; and otherwise improve the Act through increased flexibility
and broader cooperation.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 21, 1995
Mr. GILCHREST (for himself, Mrs. MORELLA, Mr. SHAYS, Mr. BOEHLERT,
Mr. CASTLE, Mr. GREENWOOD, and Mr. WELDON of Pennsylvania) intro-
duced the following bill; which was referred to the Committee on Re-
sources
A BILL
To amend the Endangered Species Act of 1973 to encourage
the continued conservation of America’s natural legacy
for future generations; provide incentives for States, local
governments, and private landowners to conserve species;
and otherwise improve the Act through increased flexibil-
ity and broader cooperation.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Endangered Natural
Legacy Protection Act of 1995’’.
SEC. 2. FINDINGS.
The Congress finds and declares the following:
(1) For more than 25 years, the American peo-
ple have recognized the importance of protecting the
natural environmental legacy of this Nation.
(2) That natural legacy consists of fish, wildlife,
and plant species and the ecosystems which are cru-
cial to their survival.
(3) Conservation of these species holds both
economic, medicinal, and aesthetic value for the
United States.
(4) The Endangered Species Act of 1973 has
proven successful in helping to protect this Nation’s
natural legacy of fish, wildlife, and plant species.
(5) As more species have been threatened by
natural and human factors, conservation of those
species has increasingly relied on habitat protection
efforts on both public and private land.
(6) States, local governments, and private land-
owners require assistance from the Federal Govern-
ment in conserving endangered species and their
habitats.
(7) If this precious natural environmental leg-
acy is to be protected, the provisions of the Endan-
gered Species Act of 1973 must be adapted to the
changing needs of this Nation and its people.
SEC. 3. AMENDMENT OF ENDANGERED SPECIES ACT OF
1973.
Except as otherwise expressly provided, whenever in
this Act an amendment is expressed in terms of an amend-
ment to a section or other provision, the reference shall
be considered to be made to a section or other provision
of the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.).
SEC. 4. DEFINITIONS.
Section 3 (16 U.S.C. 1532) is amended—
(1) in paragraph (5) by amending so much as
precedes subparagraph (B) to read as follows:
‘‘(5)(A) The term ‘critical habitat’ for a threat-
ened or endangered species means the specific areas
within the geographical area designated in a recov-
ery plan on which are found those physical or bio-
logical features essential to the conservation of the
species and which may require special management
considerations or protection.’’;
(2) in paragraph (5) by striking subparagraph
(C); and
(3) by adding at the end the following new
paragraphs:
‘‘(22) The term ‘biological diversity’ means the
variety of life forms, the ecological roles they per-
form, and the genetic diversity they contain.
‘‘(23) The term ‘ecosystem’ means an inter-
active system of organisms, both plants and animals,
dependent on a particular habitat, such as a lake,
stream, or forest, and the physical conditions under
which they live.
‘‘(24) The term ‘cooperation with the States,
Indian tribes, and local governments’ means a col-
laborative process established by the Secretary in
which the States, Indian tribes, and local govern-
ments, as administrative and regulatory partners,
participate in a meaningful and timely manner in
the development of standards, guidelines, and regu-
lations that implement the provisions of this Act and
that integrate their recommendations, field practices,
and programs consistent with the goals of this Act.’’.
SEC. 5. PREVENTING ENDANGERMENT.
Section 6 (16 U.S.C. 1535) is amended—
(1) by redesignating subsections (c), (d), (e),
(h), and (i) in order as subsections (h), (i), (j), (k),
(l), (m), and (n); and
(2) by inserting after subsection (b) the follow-
ing new subsections:
‘‘(c) VOLUNTARY CONSERVATION AGREEMENTS.—
(1) The Secretary may enter into a voluntary conservation
agreement for up to 5 years with any State, Indian tribe,
or local government, if requested by the State, Indian
tribe, or local government to do so. The goal of the con-
servation agreement shall be to prevent endangerment.
The conservation agreement shall—
‘‘(A) promote the conservation of a species for
which a finding has been made under subsection
(b)(3)(B)(iii) (hereafter in this Act referred to as a
‘candidate species’);
‘‘(B) promote the conservation of other declin-
ing species which are dependent on the same eco-
system or located within the same habitat as a can-
didate species; or
‘‘(C) promote the conservation of other species,
rare habitats, or regional biological diversity, as ap-
propriate.
‘‘(2) Consideration of a conservation agreement
under this section may be initiated by the Secretary or
a State, Indian tribe, or local government.
‘‘(3) Any State, Indian tribe, or local government or
coalition of States, Indian tribes, or local governments
may submit a proposed conservation agreement to the Sec-
retary for consideration. The Secretary may provide tech-
nical assistance or other assistance as appropriate for the
development of such an agreement.
‘‘(4) Conservation agreements shall contain the fol-
lowing information:
‘‘(A) Objective, measurable scientific criteria
which, if met, would prevent endangerment.
‘‘(B) A description of site-specific management
actions to achieve the criteria required under sub-
paragraph (A) and a timetable for completing those
actions.
‘‘(C) A description of actions that will be taken
to minimize adverse social or economic impacts (if
any) resulting from implementation of the agree-
ment.
‘‘(D) Strategies that use existing Federal,
State, or other public lands to promote the conserva-
tion of the species or habitats that are the subject
of the agreement.
‘‘(E) An identification of the specific areas or
circumstances in which the implementation of the
agreement would help to reduce conflicts (if any) be-
tween conservation of species and economic activity.
‘‘(F) An identification of the opportunities for
cooperation among States, Indian tribes, local gov-
ernments, public utilities, and other interested per-
sons to undertake actions which would contribute to
the conservation of species or habitat.
‘‘(G) A method of monitoring the success of the
conservation agreement in preventing endangerment
and compliance with its terms.
‘‘(H) Any other information that the State, In-
dian tribe, local government, or the Secretary con-
siders appropriate.
‘‘(5)(A) The Secretary shall, within 90 days after the
date of submission of any conservation agreement under
this subsection, determine whether the agreement will
achieve the goals required under paragraph (1).
‘‘(B) If the conservation agreement is not approved
by the Secretary, the Secretary shall return the proposed
conservation agreement to the State, Indian tribe, or local
government (hereinafter referred to as an ‘agreement
party’) with suggestions for modification that would result
in approval of the conservation agreement.
‘‘(6)(A) If a species covered by an approved conserva-
tion agreement continues to decline and, as a result of the
factors under section 4(a), becomes an endangered species
or threatened species, the agreement party may request
the Secretary to transfer management authority for that
species over to the agreement party through a written
amendment to the conservation agreement.
‘‘(B) Such management authority shall consist of the
authority to grant permits under section 10, and to en-
force the provisions of section 9, consistent with the goals
and purposes of the Act.
‘‘(C) The Secretary shall comply with a request under
this paragraph within 60 days if the Secretary finds—
‘‘(i) the agreement party is able to conduct in-
vestigations to determine the status and require-
ments for survival and recovery of the species;
‘‘(ii) the agreement party is able to establish
and enforce programs for the conservation of the
species consistent with the goals and purposes of the
Act; and
‘‘(iii) the agreement party has committed to im-
plement and enforce sections 9 and 10 in a manner
consistent with the goals and purposes of the Act.
‘‘(D) The Secretary may provide technical and other
assistance as appropriate to the agreement party to carry
out the provisions of this paragraph.
‘‘(7) The agreement party shall submit an annual re-
port to the Secretary on the status of the species covered
by the conservation agreement. The Secretary shall review
the annual reports to determine whether the agreement
party is in compliance with the terms of the conservation
agreement. If the Secretary determines that the agree-
ment party is not in compliance, the Secretary shall imme-
diately notify the agreement party of that determination.
If the agreement party is unable to come into compliance
within 6 months after the date of such notification, the
conservation agreement shall be void.
‘‘(8) During the time period specified in a conserva-
tion agreement, the Secretary may not specify additional
terms to the agreement unless the Secretary and the
agreement party determine that the species is likely to be-
come an endangered species or threatened species within
the area covered by the conservation agreement during
that time period and additional terms are necessary to
prevent endangerment.
‘‘(9)(A) At the conclusion of the time period specified
under paragraph (6)(A) in a conservation agreement, the
Secretary and the agreement party shall review the terms
of the conservation agreement to determine whether the
conservation agreement is achieving the goal of preventing
endangerment. If the conservation agreement is achieving
that goal, the Secretary and the agreement party may ex-
tend the existing terms of the conservation agreement for
a period not to exceed 5 years, at which time the review
process shall be repeated. If the conservation agreement
is failing to achieve that goal, the Secretary and the agree-
ment party may—
‘‘(i) revise or renew the terms of the agreement;
or
‘‘(ii) choose not to renew the agreement, at
which time the authority for sections 9 and 10 shall
transfer back to the Secretary.
‘‘(B) If a species is determined to be an endangered
species or threatened species within an area covered by
a conservation agreement during the time period specified
in the agreement, the terms of the conservation agreement
shall not remain in effect for that species unless the agree-
ment is amended pursuant to section 6(d)(6).
‘‘(10) To assist the States in carrying out the pro-
gram under this subsection, the Secretary may utilize the
land acquisition and other authority under this Act.
‘‘(d) CONSISTENCY.—
‘‘(1) Each Federal agency conducting, support-
ing, or permitting activities in the area covered by
an approved conservation agreement shall do so in
a manner which is, to the maximum extent prac-
ticable, consistent with the conservation agreement
and the goals of this Act.
‘‘(2)(A) After final approval by the Secretary of
a conservation agreement, any applicant for a re-
quired Federal license, permit, or support to conduct
an activity affecting species within the area covered
by the conservation agreement shall provide certifi-
cation to the agency and the agreement party that
such activity will be conducted in a manner consist-
ent with the conservation agreement.
‘‘(B) Within 90 days after receipt of certifi-
cation, the agreement party shall notify the Federal
agency that it concurs with or objects to the appli-
cant’s certification. If the agreement party fails to
furnish the required notification within 90 days, the
agreement party’s concurrence with the certification
shall be conclusively presumed. No license, permit,
or other support shall be granted by the Federal
agency until the agreement party has concurred or
until, by the agreement party’s failure to act, the
concurrence is conclusively presumed, unless the
Secretary finds, after providing a reasonable oppor-
tunity for comments from the Federal agency and
from the agreement party, that the activity is con-
sistent with the conservation agreement or is other-
wise necessary in the interest of national security.
‘‘(e) CONSERVATION PLANNING FUND.—
‘‘(1) The Secretary shall establish a Conserva-
tion Planning Fund (hereafter referred to in this
subsection as the ‘Fund’), which shall consist of all
sums appropriated pursuant to section 15(b), and
shall be administered by the Secretary as a revolving
fund.
‘‘(2) The Secretary may make an interest-free
advance from the Fund to any State, Indian tribe,
or local government to assist in the development of
a plan under this section or section 10.
‘‘(3) In making grants and advances under
paragraph (2) with respect to a plan, the Secretary
shall consider—
‘‘(A) the number of species covered by the
plan;
‘‘(B) the commitment to participate in the
planning process from a diversity of interests,
including local governmental, business, environ-
mental, and landowner interests;
‘‘(C) the likelihood of success of the plan-
ning effort;
‘‘(D) the availability of matching funds
from the State or local government or other
sources; and
‘‘(E) other factors the Secretary considers
appropriate.
‘‘(4) Sums advanced from the Fund shall be re-
paid by the earlier of—
‘‘(A) 10 years after the date of the ad-
vance; or
‘‘(B)(i) in the case of an advance for a
plan under this section, 3 years after the date
of the advance if no plan is developed and sub-
mitted to the Secretary within 2 years after the
date of the advance; or
‘‘(ii) in the case of an advance for a plan
under section 10, 4 years after the date of the
advance if no permit is issued under section
10(a)(1)(B) with respect to the plan within 3
years after the date of the advance.
‘‘(5) Sums received by the United States as re-
payment of advances from the Fund shall be cred-
ited to the Fund and available for further advances
in accordance with this subsection without further
appropriation.
‘‘(f) DEFINITION.—For purposes of this section, the
term ‘prevent endangerment’ means to conserve a species
by eliminating, reducing, or controlling threats to the spe-
cies which are otherwise likely to result in a determination
under this Act that the species is a threatened species or
endangered species.’’.
SEC. 6. LISTING AND DELISTING IMPROVEMENTS; STATE
AND TRIBAL COOPERATION.
(a) DELISTING.—Section 4(a) (16 U.S.C. 1533(a))
is amended by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively, and by inserting
after paragraph (1) the following new paragraph:
‘‘(2) The Secretary shall, upon receipt of a petition
under section 4(b) or of information under this paragraph,
and by regulation promulgated in accordance with sub-
section (b), promptly determine whether any species is no
longer an endangered species or threatened species due
to—
‘‘(A) a significant change in the factor or fac-
tors under this subsection upon which the original
determination was based;
‘‘(B) the identification of new scientific infor-
mation regarding population size or other relevant
data;
‘‘(C) the achievement of certain criteria as iden-
tified in the recovery plan under section 5 for that
species; or
‘‘(D) a change in the appendix of the Conven-
tion under which that species is listed.’’.
(b) CRITICAL
HABITAT; REGULATORY
ASSUR-
ANCES.—Section 4(a)(4) (as redesignated by subsection
(a) of this section) is amended to read as follows:
‘‘(4)(A) The Secretary, by regulation promulgated in
accordance with subsection (b) and to the maximum ex-
tent determinable, shall—
‘‘(i) concurrently with making a determination
under paragraph (1) that a species is an endangered
species or threatened species, publish in the Federal
Register and local newspapers a list of those specific
acts which are prohibited under section 9, and hold
at least one public hearing in each State affected by
the prohibitions under section 9 within 30 days after
the date of publication of general notice; and
‘‘(ii) as part of the recovery plan for a threat-
ened species or endangered species, designate critical
habitat for that species, if appropriate.
‘‘(B) The Secretary may make available any addi-
tional information through the Community Assistance
Program under section 14.’’.
(c) STATE, TRIBAL, AND FOREIGN GOVERNMENT
PARTICIPATION.—Section 
4(b)(1)(A) 
(16 
U.S.C.
1533(b)(1)(A)) is amended in the first sentence by strik-
ing ‘‘and after’’ and inserting ‘‘, after soliciting and fully
considering, in consultation with each affected State, In-
dian tribe, or foreign nation in which the species occurs,
scientific and commercial data concerning the status of
the species’’.
(d) PEER
REVIEW.—Section 4(b) (16 U.S.C.
1533(b)) is amended—
(1) in the heading, by inserting ‘‘; PEER RE-
VIEW
REQUIREMENT’’ after ‘‘DETERMINATIONS’’;
and
(2) in paragraph (1) by redesignating subpara-
graph (B) as subparagraph (D) and inserting after
subparagraph (A) the following new subparagraphs:
‘‘(B)(i) If any interested person, in the public com-
ment period prior to the making of a determination under
subsection (a) for a species, submits reasonable evidence
that a legitimate scientific dispute exists regarding the
data used to make the determination for that species, the
Secretary shall request a peer review from 3 independent
referees who—
‘‘(I) through publication of peer-reviewed sci-
entific literature or other means, have demonstrated
relevant scientific expertise on that species or similar
species;
‘‘(II) are selected by the Secretary in consulta-
tion with the National Academy of Sciences; and
‘‘(III) do not have, nor represent anyone with,
a significant economic interest in the determination.
‘‘(ii) To the maximum extent practicable, peer re-
views under this subsection shall be conducted within 30
days after the Secretary’s request. A summary of the peer
review shall be made available to each affected State and
to any interested person upon request. Names of the ref-
erees shall not be made available to the public.
‘‘(iii) Referees under this paragraph shall be exempt
from the Federal Advisory Committee Act, for purposes
of holding meetings as a panel for purposes of this para-
graph.
‘‘(iv) The Secretary may provide reasonable com-
pensation to referees for services under this section.
‘‘(C) The Secretary shall base any determination
under subsection (a) on the peer review and the prepon-
derance of the scientific data.’’.
(e) LISTING PRIORITIES.—Section 4(b)(1)(C) (as re-
designated by subsection (d)(2) of this section) is amended
by striking ‘‘consideration to species which have
been—’’ and inserting ‘‘priority consideration to species
the conservation of which is most likely to reduce the need
to list other species dependent upon the same habitat or
ecosystem, or to preserve the biodiversity of that eco-
system. In addition, the Secretary shall give priority con-
sideration to species which have been—’’.
(f) PETITIONS TO LIST, DELIST, OR DOWNLIST.—
Section 4(b)(3)(A) (16 U.S.C. 1533(b)(3)(A)) is amend-
ed—
(1) by inserting ‘‘(i)’’ after ‘‘(3)(A)’’;
(2) in the first sentence, by striking ‘‘90’’ and
inserting ‘‘180’’; and
(3) by striking all after the first sentence and
inserting the following:
‘‘(ii) A petition referred to in clause (i) for a species
shall contain the following information, based on the sci-
entific and commercial information reasonably available to
the petitioner:
‘‘(I) The current known range of the species.
‘‘(II) The most recent population estimates and
trends.
‘‘(III) The reason that the petitioned action is
warranted, based on the factors established under
subsection (a).
‘‘(IV) A bibliography of recent peer-reviewed
scientific literature on the species, if any.
‘‘(V) Any other information that the petitioner
considers appropriate.
‘‘(iii) If the Secretary finds that such a petition con-
tains such information, the Secretary shall—
‘‘(I) provide the petition to each affected State
and request comments on whether the petitioned ac-
tion is warranted;
‘‘(II) promptly commence a review of any new
information presented by the petition; and
‘‘(III) promptly publish each finding made
under this subparagraph in the Federal Register.’’.
SEC. 7. RECOVERY PLANNING IMPROVEMENTS.
(a) DEVELOPMENT AND IMPLEMENTATION OF RE-
COVERY PLANS.—Section 5 (16 U.S.C. 1534) is amend-
ed—
(1) by redesignating subsections (a) and (b) as
subsections (c) and (d), respectively;
(2) by striking so much as precedes subsection
(c) (as redesignated by paragraph (1) of this sub-
section) and inserting the following:
‘‘RECOVERY OF ENDANGERED SPECIES AND
THREATENED SPECIES
‘‘SEC. 5. (a) RECOVERY PLANS.—
‘‘(1) IN GENERAL.—(A) The Secretary shall, on
the basis of the best scientific and commercial data
available, develop and implement recovery plans for
the timely conservation of endangered species and
threatened species. The goal of a recovery plan shall
be to eliminate or reduce the factors that resulted in
a determination under section 4(a)(1) that the spe-
cies is a threatened species or endangered species,
and to achieve recovery for that species.
‘‘(B) The Secretary and each affected State
shall jointly appoint a Recovery Team to develop the
recovery plan. Recovery Teams shall not be subject
to the Federal Advisory Committee Act (5 U.S.C.
App.). Recovery Teams shall include representatives
of—
‘‘(i) the Secretary and other relevant Fed-
eral agencies;
‘‘(ii) each affected State;
‘‘(iii) Indian tribes and local governments
significantly affected by the determination;
‘‘(iv) private landowners;
‘‘(v) individuals with recognized scientific
expertise in the species; and
‘‘(vi) other interested persons, including
local conservation organizations, industry rep-
resentatives, and others as appropriate.
‘‘(C) The head of each Federal agency shall en-
sure that any action funded, authorized, or carried
out by such agency is not likely to have an adverse
impact on the objectives of any recovery plan devel-
oped under this subsection.
‘‘(D) The Secretary shall, consistent with this
section, seek to minimize adverse social and eco-
nomic consequences that may result from implemen-
tation of recovery plans.
‘‘(E) Development and implementation of recov-
ery plans shall begin—
‘‘(i) to the extent practicable and subject
to paragraph (2), not later than 18 months
after the date of the enactment of the Endan-
gered Natural Legacy Protection Act of 1995,
in the case of any species determined by the
Secretary under section 4(a)(1) to be an endan-
gered species or threatened species on or before
that date of enactment, and for which no recov-
ery plan was developed under this Act before
that date of enactment; and
‘‘(ii) by not later than 12 months after the
date on which the species is determined to be
a threatened species or endangered species, in
the case of any species for which that deter-
mination is made after that date of enactment.
‘‘(2) PRIORITIES.—The Secretary shall, to the
maximum extent practicable, give priority to the de-
velopment and implementation of recovery plans—
‘‘(A) which are integrated, multispecies re-
covery plans;
‘‘(B) which would preserve regional or local
biodiversity; or
‘‘(C) for those species that are most likely
to benefit from recovery plans.
‘‘(3) CONTENTS.—Each recovery plan for a spe-
cies shall, to the maximum extent practicable, in-
clude the following:
‘‘(A) Objective, measurable biological cri-
teria which, if met, would result in a determina-
tion under this Act that the species is no longer
a threatened species or endangered species. Cri-
teria under this paragraph—
‘‘(i) shall include target population
sizes, habitat needs, and other biological
criteria relevant to recovery, as appro-
priate; and
‘‘(ii) shall be determined by independ-
ent scientists who—
‘‘(I) through publication of peer-
reviewed scientific literature, have
demonstrated relevant scientific exper-
tise on that species or similar species;
‘‘(II) are selected by the Sec-
retary in consultation with the Na-
tional Academy of Sciences; and
‘‘(III) do not have, nor represent
anyone with, a significant economic
interest in the recovery plan.
‘‘(B) A description of site-specific manage-
ment actions to achieve the criteria included in
the plan under subparagraph (A).
‘‘(C) Designation of critical habitat, if ap-
propriate.
‘‘(D) Estimates of the time required and
the cost—
‘‘(i) to carry out those measures need-
ed to achieve those criteria; and
‘‘(ii) to achieve defined intermediate
steps toward those criteria.
‘‘(E) A description of actions that will be
taken to minimize adverse social or economic
impacts resulting from implementation of the
recovery plan.
‘‘(F) Strategies that utilize existing Fed-
eral lands to promote the recovery of the spe-
cies.
‘‘(G) An identification of measures which,
if taken by Federal agencies, would contribute
to the recovery of the species.
‘‘(H) An identification of the specific areas
or circumstances in which the implementation
of the plan would help to reduce conflicts be-
tween recovery of the species and economic ac-
tivity.
‘‘(I) An identification of the specific areas
and circumstances in which implementation of
the plan would enhance commercial and rec-
reational fishing, sustainable natural resource
development, general recreational and sporting
activities, ecotourism, and other economic devel-
opment.
‘‘(J) An identification of the specific areas
or circumstances in which entering into agree-
ments with private landowners under section 14
would promote the recovery of the species.
‘‘(K) An identification of the opportunities
to cooperate with State and local governments
and other persons in actions which would con-
tribute to the recovery of the species.
‘‘(L) If applicable, an analysis of the ex-
tent to which the plan will affect the use of pri-
vate property. An analysis under this subpara-
graph shall be made available, on request, to
any owner of property within the recovery plan-
ning area.
‘‘(4) RECOVERY PLAN CONSISTENCY.—To the
maximum extent practicable and consistent with the
goals of the Act, a recovery plan for a species pre-
viously included in a voluntary conservation agree-
ment under section 5 which is still in effect, shall be
consistent with the conservation agreement.
‘‘(5) PUBLIC
REVIEW
AND
COMMENT.—The
Secretary shall, before giving final approval to a re-
covery plan, provide public notice and an oppor-
tunity for public review and comment on the plan,
and consider all information presented during the
public comment period.
‘‘(6) REPORTS.—The Secretary shall report
every 2 years to the Committee on Environment and
Public Works of the Senate and the Committee on
Resources of the House of Representatives on the
status of efforts to develop and implement recovery
plans for all threatened species and endangered spe-
cies.
‘‘(b) MONITORING.—The Secretary, in cooperation
with the States, shall implement a system to monitor effec-
tively for not less than 5 years the status of each species
which has recovered to the point at which the measures
provided pursuant to this Act are no longer necessary and
which, pursuant to section 4, has been determined to no
longer be a threatened species or endangered species.
Nothing in this subsection shall prevent the Secretary
from designating an appropriate agency to a State to con-
duct such monitoring, if so requested by the State.’’; and
(3) in subsection (d) (as redesignated by para-
graph (1) of this subsection), by striking ‘‘subsection
(a)’’ and inserting ‘‘subsection (c)’’.
(b) EXISTING RECOVERY PLANS.—Each recovery
plan developed under the Endangered Species Act of 1973
before the date of the enactment of this Act shall continue
in effect until revised by the Secretary in accordance with
the amendments made by this Act.
(c) TECHNICAL AND CONFORMING AMENDMENTS.—
Section 4 is amended—
(1) by striking subsections (f) and (g) and re-
designating subsections (h) and (i) as subsections (f)
and (g), respectively; and
(2) in subsection (f) (as redesignated by para-
graph (1) of this subsection)—
(A) in the first sentence by striking ‘‘sec-
tion’’ and inserting ‘‘Act’’;
(B) in paragraph (3), by striking ‘‘of the
section’’ and inserting ‘‘of this section’’;
(C) in paragraph (4), by striking ‘‘sub-
section (f) of this section’’ and inserting ‘‘sec-
tion 5’’; and
(D) by moving the last sentence 2 ems to
the left, and in such sentence by striking ‘‘this
subsection’’ and inserting ‘‘this section’’.
SEC. 8. INCENTIVES FOR ENDANGERED SPECIES CON-
SERVATION ON PRIVATE PROPERTY.
Section 14 of the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) is amended to read as follows:
‘‘COOPERATION WITH PRIVATE LANDOWNERS
‘‘SEC. 14. (a) IN GENERAL.—The Secretary shall
seek to work cooperatively with private landowners in the
conservation of threatened species and endangered species,
and shall seek to minimize adverse social and economic
consequences that may result from efforts to conserve
such species.
‘‘(b) PRIORITIES.—In developing any recovery plan
under section 5 for the conservation of a threatened spe-
cies or endangered species, the Secretary shall, to the max-
imum extent practicable, give priority to actions in the fol-
lowing order:
‘‘(1) Actions to conserve species on Federal
lands.
‘‘(2) In cooperation with the appropriate State,
actions to conserve species on State lands.
‘‘(3) In cooperation with the appropriate local
government, actions to conserve species on public
lands within the jurisdiction of that local govern-
ment.
‘‘(4) Ensuring that federally subsidized activi-
ties on private lands are consistent with the objec-
tives of the recovery plan.
‘‘(5) Ensuring that incentives to conserve spe-
cies on private lands under subsection (e) are used
to the maximum extent practicable.
‘‘(6) Regulating activities on private lands in a
manner that will minimize adverse economic impacts
through the use of habitat conservation plans under
section 10 and other mechanisms as appropriate.
‘‘(c) PUBLIC OUTREACH AND COMMUNITY ASSIST-
ANCE PROGRAMS.—(1) The Secretary shall establish a
Community Assistance Program to provide timely and ac-
curate information to local governments or property own-
ers.
‘‘(2) Community Assistance Program employees shall
be located within each field office of the United States
Fish and Wildlife Service. Their duties shall include, but
not be limited to—
‘‘(A) providing accurate, timely information on
local impacts of listings, recovery planning efforts,
and other actions under this Act;
‘‘(B) providing assistance on obtaining permits
under section 10 and other provisions of this Act;
‘‘(C) serving as a focal point for questions, re-
quests, complaints, and suggestions from property
owners and local governments concerning the poli-
cies and activities of the United States Fish and
Wildlife Service or other Federal agencies in the im-
plementation of this Act; and
‘‘(D) training Federal personnel on public out-
reach efforts.
‘‘(d) PRIVATE LANDOWNER COOPERATIVE AGREE-
MENT PROGRAM.—(1) The Secretary shall establish a pri-
vate landowner cooperative agreement program for the
purpose of encouraging the management, restoration, or
enhancement of habitats for endangered species or threat-
ened species on private lands in furtherance of the pur-
poses of this Act.
‘‘(2) The Secretary may enter into written coopera-
tive agreements with participating private landowners pur-
suant to the program established by this subsection.
‘‘(3) A cooperative agreement with a landowner under
this subsection shall—
‘‘(A) describe the private lands which are sub-
ject to the agreement, and any technical or other as-
sistance which may be provided to the landowner by
the Secretary under the agreement, as appropriate;
‘‘(B) describe, for the lands covered by the
agreement, as of the date the agreement is entered
into, the baseline population size and habitat, of en-
dangered species and threatened species that are
covered by the agreement;
‘‘(C) provide the participating landowner with
volunteer status under the Fish and Wildlife Im-
provement Act of 1956 (16 U.S.C. 742f(c));
‘‘(D) be effective for a period agreed to by the
parties to the agreement which is of sufficient dura-
tion to enhance the conservation of the species cov-
ered by the agreement, and be effective after that
period until revoked by the landowner by submission
of written notice to the Secretary;
‘‘(E) describe those measures necessary to fur-
ther the recovery of each species covered by the
agreement through the management, restoration, or
creation of habitat upon which the species is depend-
ent; and
‘‘(F) authorize, during or after, the period the
cooperative agreement is in effect, any taking that—
‘‘(i) is otherwise incidental to, and not the
purpose of, the carrying out of any otherwise
lawful activity on the lands covered by the
agreement;
‘‘(ii) does not reduce for the lands covered
by the agreement the baseline population size or
habitat of the species covered by the agreement
below that described in the statement of the
Secretary under subparagraph (B); and
‘‘(iii) does not have the effect of reducing
the total amount of habitat available to the
overall population to levels below those available
to the population prior to the effective date of
the agreement.
‘‘(4) For purposes of this subsection, the term ‘base-
line population and habitat’ means the population size and
habitat of the species at the time the agreement is entered
into.
‘‘(e) VOLUNTARY
INCENTIVES
FOR
CONSERVING
SPECIES ON PRIVATE LANDS.—
‘‘(1) IN GENERAL.—The Secretary may estab-
lish voluntary incentive programs in accordance with
this subsection, under those programs, enter into
written agreements with private landowners to con-
serve endangered species or threatened species on
private lands consistent with the goals and purposes
of this Act.
‘‘(2) SPECIES RESERVE PROGRAM.—(A) Subject
to appropriations, the Secretary may establish under
this subsection a species reserve program through
contracts to assist owners of important habitats for
endangered species or threatened species in conserv-
ing those habitats.
‘‘(B) A contract under this paragraph shall set
forth—
‘‘(i) the conservation measures and prac-
tices to be carried out by the landowner during
the term of the contract; and
‘‘(ii) the commercial use, if any, to be per-
mitted on the land during such term.
‘‘(C) A contract under this paragraph may in-
clude terms under which the Secretary shall—
‘‘(i) share the cost of carrying out the con-
servation measures and practices set forth in
the contract for which the Secretary determines
that cost-sharing is appropriate and in the pub-
lic interest; and
‘‘(ii) provide technical assistance to the
landowner.
‘‘(3) AWARDS FOR ENDANGERED SPECIES CON-
SERVATION.—The Secretary may establish under
this subsection a program to recognize excellence in
non-Federal conservation of endangered species and
threatened species. Such program shall include, sub-
ject to the availability of appropriations, the annual
presentation of 3 Conservation Excellence Awards in
the amount of $5,000 each to private landowners for
voluntary efforts to conserve species.
‘‘(4) LAND EXCHANGES.—Consistent with exist-
ing law, the Secretary and the Secretary of Agri-
culture are encouraged to undertake exchanges of
land within the jurisdiction of each Secretary (other
than units of the National Park System, the Na-
tional Wildlife Refuge System, National Wild and
Scenic Rivers, or the National Wilderness System)
for private lands for purposes of furthering the goals
of this Act.’’.
SEC. 9. STREAMLINING INTERAGENCY COOPERATION.
(a) IN GENERAL.—Within 1 year after the date of
the enactment of this Act, the Secretary shall, in coopera-
tion with the States, develop and propose regulations that
will ensure timely conclusion of consultations under sec-
tion 7 of the Endangered Species Act of 1973 (16 U.S.C.
1536).
(b) CONSOLIDATION; STATE COOPERATION.—Section
7 (16 U.S.C. 1536) is amended—
(1) in subsection (a)(2), in the last sentence, by
inserting before the period the following: ‘‘, after so-
liciting and fully considering scientific and commer-
cial data concerning the agency action from the ap-
propriate State agency in each affected State’’;
(2) by adding at the end of subsection (a) the
following new paragraph:
‘‘(5)(A) Consultations and conferences under this
section between the Secretary and a Federal agency may,
if approved by the Secretary, encompass a number of simi-
lar or related agency actions to be undertaken within a
particular geographical area or ecosystem.
‘‘(B) The Secretary may consolidate requests for con-
sultations or conferences from various Federal agencies
whose proposed actions may affect endangered species,
threatened species, or candidate species that are depend-
ent on the same ecosystem.’’; and
(3) in subsection (b)(3)(A) by inserting after
‘‘habitat.’’ the following new sentence: ‘‘The Sec-
retary shall provide an opportunity for States, local
governments, and other interested persons to com-
ment on the Secretary’s opinion.’’.
SEC. 10. IMPROVING HABITAT CONSERVATION PLANNING.
Section 10(a) is amended by adding at the end the
following new paragraphs:
‘‘(3)(A) Habitat conservation plans developed pursu-
ant to this subsection may cover multiple species or habi-
tats. Any State, Indian tribe, local government, or other
person may develop and submit to the Secretary a habitat
conservation plan to conserve and manage multiple species
or habitats, including but not limited to the following:
‘‘(i) species listed as endangered or threatened
under section 4(b) of this Act or under State endan-
gered or threatened species conservation programs;
‘‘(ii) species that are candidates for such listing;
or
‘‘(iii) other rare or declining species whose habi-
tat is located within the same ecosystem as is habi-
tat of species under clause (i) or (ii).
‘‘(B) The Secretary, in cooperation with the affected
State agencies and Indian tribes, shall issue standards and
guidelines for the development and approval of habitat
conservation plans under this subsection. Such standards
and guidelines shall include the development of a short,
simple, standardized form for private landowners whose
permit under this section applies to land in residential,
noncommercial use.
‘‘(C) The Secretary shall approve a permit applica-
tion for a multiple species conservation plan within 180
days of receipt of the application if the Secretary finds,
in addition to the criteria under paragraph (2)(B) of this
subsection, that such a plan—
‘‘(i) is consistent with the conservation of the
various species or habitats covered by the plan, or,
in the case of endangered or threatened species, is
consistent with the goals of a recovery plan under
section 5; and
‘‘(ii) is consistent with any voluntary conserva-
tion agreements approved under section 6.
‘‘(D) Upon approval of a multiple species habitat con-
servation plan, otherwise lawful activities undertaken in
accordance with the approved plan shall be deemed to be
in compliance with the requirements of section 9.
‘‘(E) Other Federal agencies shall manage lands
under their jurisdiction in a manner which is consistent
with the conservation goals of the habitat conservation
plan.
‘‘(F) The Secretary may provide grants or interest-
free loans or other assistance to States, Indian tribes, local
governments, or other persons in support of the develop-
ment and implementation of habitat conservation plans
under this subsection.
‘‘(G) If the Secretary, in cooperation with the permit-
tee under this subsection, decides that additional mitiga-
tion measures are required to prevent the extinction or
further decline of a species covered under the terms of
a habitat conservation plan, a plan permittee who is in
compliance with such a plan shall not be required to bear
the cost of such measures.
‘‘(4)(A) If the Secretary receives a permit application
under this subsection for an activity on private property
which the Secretary, after consultation with the property
owner, finds does not meet the requirements established
under paragraph (2), the Secretary shall, at the request
of the applicant, prepare an analysis of the effect of such
finding on the use of private property in question. Such
analysis shall not be made available to the public without
the consent of the owner of the property.
‘‘(B) For purposes of this paragraph, the term ‘pri-
vate property’ means real property.’’.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
Section 15 (16 U.S.C. 1542) is amended to read as
follows:
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 15. (a) IN GENERAL.—In addition to amounts
authorized under subsections (b), (c), and (d), there are
authorized to be appropriated—
‘‘(1) $102,000,000 for each of fiscal years 1997
and 1998, and $112,000,000 for each of fiscal years
1999 and 2000, to enable the Department of the In-
terior to carry out its responsibilities under this Act;
‘‘(2) $20,000,000 for each of fiscal years 1997
and 1998, and $22,000,000 for each of fiscal years
1999 and 2000, to enable the Department of the In-
terior to carry out its responsibilities under section
6;
‘‘(3) $21,000,000 for each of fiscal years 1997
and 1998, and $23,000,000 for each of fiscal years
1999 and 2000, to enable the Department of Com-
merce to carry out its responsibilities under this Act;
‘‘(4) $2,000,000 for each of fiscal years 1997
and 1998, and $2,200,000 for each of fiscal years
1999 and 2000, to enable the Department of Com-
merce to carry out its responsibilities under section
6; and
‘‘(5) $31,000,000 for each of fiscal years 1997
and 1998, and $34,000,000 for each of fiscal years
1999 and 2000, to enable the Department of Agri-
culture to carry out its responsibilities with respect
to the enforcement of this Act and the Convention
which pertain to the importation or exportation of
plants.
‘‘(b) CONSERVATION PLANNING FUND.—To assist in
the development of plans under section 6 and section 10,
there are authorized to be appropriated to the Secretary
$20,000,000, which shall be deposited into the Conserva-
tion Planning Fund established under section 6.
‘‘(c) PRIVATE LANDOWNER INCENTIVES.—There are
authorized 
to 
be 
appropriated 
to 
the 
Secretary
$10,000,000 for each of fiscal years 1997 through 2000
for implementing section 14.
‘‘(d) EXEMPTIONS FROM ACT.—There are authorized
to be appropriated to the Secretary to assist the Secretary
and the Endangered Species Committee in carrying out
their responsibilities under section 7, $600,000 for each
of fiscal years 1997 through 2000.’’.
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