(2) in paragraph (2) by inserting ‘‘permit or li-
cense’’ before ‘‘applicant’’; 
(3) in paragraph (3)(A)— 
(A) in the first sentence— 
(i) by striking ‘‘Promptly after’’ and 
inserting ‘‘Before’’; 
(ii) by inserting ‘‘permit or license’’ 
before ‘‘applicant’’; and 
(iii) by inserting ‘‘proposed’’ before 
‘‘written statement’’; and 
(B) by striking all after the first sentence 
and inserting the following: ‘‘The Secretary 
shall consider any comment from the Federal 
agency and the permit or license applicant, if 
any, prior to issuance of the final written state-
ment of the Secretary’s opinion. The Secretary 
shall issue the final written statement of the 
Secretary’s opinion by providing the written 
statement to the Federal agency and the permit 
or license applicant, if any, and publishing no-
tice of the written statement in the Federal 
Register. If jeopardy is found, the Secretary 
shall suggest in the final written statement 
those reasonable and prudent alternatives, if 
any, that the Secretary believes would not vio-
late subsection (a)(2) and can be taken by the 
Federal agency or applicant in implementing 
the agency action. The Secretary shall cooper-
ate with the Federal agency and any permit or 
license applicant in the preparation of any sug-
gested reasonable and prudent alternatives.’’; 
(4) in paragraph (4)— 
(A) by redesignating subparagraphs (A), 
(B), and (C) as clauses (i), (ii), and (iii), re-
spectively; 
(B) by inserting ‘‘(A)’’ after ‘‘(4)’’; 
(C) by striking ‘‘the Secretary shall pro-
vide’’ and all that follows through ‘‘with a writ-
ten statement that—’’ and inserting the fol-
lowing: ‘‘the Secretary shall include in the writ-
ten statement under paragraph (3), a statement 
described in subparagraph (B) of this para-
graph. 
‘‘(B) A statement described in this subparagraph— 
’’; and 
(5) by adding at the end the following: 
‘‘(5)(A) Any terms and conditions set forth pursuant 
to paragraph (4)(B)(iv) shall be roughly proportional to 
the impact of the incidental taking identified pursuant to
paragraph (4) in the written statement prepared under 
paragraph (3). 
‘‘(B) If various terms and conditions are available to 
comply with paragraph (4)(B)(iv), the terms and condi-
tions set forth pursuant to that paragraph— 
‘‘(i) must be capable of successful implementa-
tion; and 
‘‘(ii) must be consistent with the objectives of 
the Federal agency and the permit or license appli-
cant, if any, to the greatest extent possible.’’. 
(c) BIOLOGICAL ASSESSMENTS.—Section 7(c) (16 
U.S.C. 1536(c)) is amended— 
(1) by striking ‘‘(1)’’; 
(2) by striking paragraph (2); 
(3) in the first sentence, by striking ‘‘which is 
listed’’ and all that follows through the end of the 
sentence and inserting ‘‘that is determined to be an 
endangered species or a threatened species, or for 
which such a determination is proposed pursuant to 
section 4, may be present in the area of such pro-
posed action.’’; and 
(4) in the second sentence, by striking ‘‘best 
scientific and commercial data available’’ and insert-
ing ‘‘best available scientific data’’.
(d) ELIMINATION OF ENDANGERED SPECIES COM-
MITTEE PROCESS.—Section 7 (16 U.S.C. 1536) is amend-
ed— 
(1) by repealing subsections (e), (f), (g), (h), 
(i), (j), (k), (l), (m), and (n); 
(2) by redesignating subsections (o) and (p) as 
subsections (e) and (f), respectively; 
(3) in subsection (e), as redesignated by para-
graph (2) of this subsection— 
(A) in the heading, by striking ‘‘EXEMP-
TION AS PROVIDING’’; and 
(B) by striking ‘‘such section’’ and all that 
follows through ‘‘(2)’’ and inserting ‘‘such sec-
tion,’’; and 
(4) in subsection (f), as redesignated by para-
graph (2) of this subsection— 
(A) in the first sentence, by striking ‘‘is 
authorized’’ and all that follows through ‘‘of 
this section’’ and inserting ‘‘may exempt an 
agency action from compliance with the require-
ments of subsections (a) through (d) of this 
section before the initiation of such agency ac-
tion,’’; and 
(B) by striking the second sentence.