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section 102 of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332). 
‘‘(2)(A)(i) The head of any Federal agency may enter 
into an agreement with the Secretary specifying the meas-
ures the agency will carry out to implement a recovery 
plan. 
‘‘(ii) Each such agreement shall be published in draft 
form with notice and an opportunity for public comment. 
‘‘(iii) Each such final agreement shall be published, 
with responses by the head of the Federal agency to any 
public comments submitted on the draft agreement. 
‘‘(B) Nothing in a recovery plan shall be construed 
to establish regulatory requirements. 
‘‘(j) MONITORING.—(1) The Secretary shall imple-
ment a system in cooperation with the States to monitor 
effectively for not less than five years the status of all spe-
cies that have recovered to the point at which the meas-
ures provided pursuant to this Act are no longer necessary 
and that, in accordance with this section, have been re-
moved from the lists published under section 4(c). 
‘‘(2) The Secretary shall make prompt use of the au-
thority under section 4(b)(7) to prevent a significant risk 
to the well-being of any such recovered species.’’.
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(b) RECOVERY PLANS
FOR SPECIES OCCUPYING 
MORE THAN ONE STATE.—Section 6 (16 U.S.C. 1535) 
is amended by adding at the end the following: 
‘‘(j) RECOVERY PLANS
FOR SPECIES OCCUPYING 
MORE THAN ONE STATE.—Any recovery plan under sec-
tion 5 for an endangered species or a threatened species 
that occupies more than one State shall identify criteria 
and actions pursuant to subsection (c)(1) of section 5 for 
each State that are necessary so that the State may pur-
sue a determination that the portion of the species found 
in that State may be removed from lists published under 
section 4(c).’’. 
(c) THREATENED AND ENDANGERED SPECIES IN-
CENTIVES PROGRAM.— 
(1) AGREEMENTS AUTHORIZED.—Section 5 (16 
U.S.C. 1534) is further amended by adding at the 
end the following: 
‘‘(m) THREATENED AND ENDANGERED SPECIES IN-
CENTIVES PROGRAM.—(1) The Secretary may enter into 
species recovery agreements pursuant to paragraph (2) 
and species conservation contract agreements pursuant to 
paragraph (3) with persons, other than agencies or depart-
ments of the Federal Government or State governments, 
under which the Secretary is obligated, subject to the 
availability of appropriations, to make annual payments
HR 3824 RFS 
or provide other compensation to the persons to implement 
the agreements. 
‘‘(2)(A) The Secretary and persons who own or con-
trol the use of private land may enter into species recovery 
agreements with a term of not less than 5 years that meet 
the criteria set forth in subparagraph (B) and are in ac-
cordance with the priority established in subparagraph 
(C). 
‘‘(B) A species recovery agreement entered into under 
this paragraph by the Secretary with a person— 
‘‘(i) shall require that the person shall carry 
out, on the land owned or controlled by the person, 
activities that— 
‘‘(I) protect and restore habitat for covered 
species that are species determined to be endan-
gered species or threatened species pursuant to 
section 4(a)(1); 
‘‘(II) contribute to the conservation of one 
or more covered species; and 
‘‘(III) specify and implement a manage-
ment plan for the covered species; 
‘‘(ii) shall specify such a management plan that 
includes— 
‘‘(I) identification of the covered species;