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it by the Secretary, and such area is, at the time of 
release, wholly separate geographically from areas 
occupied by nonexperimental populations of the 
same species. For purposes of this subsection, the 
term ‘areas occupied by nonexperimental popu-
lations’ means areas characterized by the sustained 
and predictable presence of more than negligible 
numbers of successfully reproducing individuals over 
a period of many years.’’; 
(2) in paragraph (2)(B), by striking ‘‘informa-
tion’’ and inserting ‘‘scientific data’’; and 
(3) in paragraph (2)(C)(i), by striking ‘‘listed’’ 
and inserting ‘‘determined to be an endangered spe-
cies or a threatened species’’. 
(d) WRITTEN DETERMINATION OF COMPLIANCE.— 
Section 10 (16 U.S.C. 1539) is amended by adding at the 
end the following: 
‘‘(k) WRITTEN DETERMINATION OF COMPLIANCE.— 
(1) A property owner (in this subsection referred to as 
a ‘requestor’) may request the Secretary to make a written 
determination that a proposed use of the owner’s property 
that is lawful under State and local law will comply with 
section 9(a), by submitting a written description of the 
proposed action to the Secretary by certified mail.
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‘‘(2) A written description of a proposed use is 
deemed to be sufficient for consideration by the Secretary 
under paragraph (1) if the description includes— 
‘‘(A) the nature, the specific location, the law-
fulness under State and local law, and the antici-
pated schedule and duration of the proposed use, 
and a demonstration that the property owner has 
the means to undertake the proposed use; and 
‘‘(B) any anticipated adverse impact to a spe-
cies that is included on a list published under 
4(c)(1) that the requestor reasonably expects to 
occur as a result of the proposed use. 
‘‘(3) The Secretary may request and the requestor 
may supply any other information that either believes will 
assist the Secretary to make a determination under para-
graph (1). 
‘‘(4) If the Secretary does not make a determination 
pursuant to a request under this subsection because of the 
omission from the request of any information described 
in paragraph (2), the requestor may submit a subsequent 
request under this subsection for the same proposed use. 
‘‘(5)(A) Subject to subparagraph (B), the Secretary 
shall provide to the requestor a written determination of 
whether the proposed use, as proposed by the requestor, 
will comply with section 9(a), by not later than expiration
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of the 180-day period beginning on the date of the submis-
sion of the request. 
‘‘(B) The Secretary may request, and the requestor 
may grant, a written extension of the period under sub-
paragraph (A). 
‘‘(6) If the Secretary fails to provide a written deter-
mination before the expiration of the period under para-
graph (5)(A) (or any extension thereof under paragraph 
(5)(B)), the Secretary is deemed to have determined that 
the proposed use complies with section 9(a). 
‘‘(7) This subsection shall not apply with respect to 
agency actions that are subject to consultation under sec-
tion 7. 
‘‘(8) Any use or action taken by the property owner 
in reasonable reliance on a written determination of com-
pliance under paragraph (5) or on the application of para-
graph (6) shall not be treated as a violation of section 
9(a). 
‘‘(9) Any determination of compliance under this sub-
section shall remain effective— 
‘‘(A) in the case of a written determination pro-
vided under paragraph (5)(A), for the 10-year period 
beginning on the date the written determination is 
provided; or
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‘‘(B) in the case of a determination that under 
paragraph (6) the Secretary is deemed to have 
made, the 5-year period beginning on the first date 
the Secretary is deemed to have made the deter-
mination. 
‘‘(10) The Secretary may withdraw a determination 
of compliance under this section only if the Secretary de-
termines that, because of unforeseen changed cir-
cumstances, the continuation of the use to which the de-
termination applies would preclude conservation measures 
essential to the survival of any endangered species or 
threatened species. Such a withdrawal shall take effect 5 
days after the date the requestor receives from the Sec-
retary, by certified mail, notice of the withdrawal. 
‘‘(11) The Secretary may extend the period that ap-
plies under paragraph (5) by up to 180 days if seasonal 
or biological considerations make a determination impos-
sible within the period that would otherwise apply.’’. 
(e) NATIONAL SECURITY EXEMPTION.—Section 10 
(16 U.S.C. 1539) is further amended by adding at the 
end the following: 
‘‘(l) NATIONAL SECURITY.—The President, after 
consultation with the appropriate Federal agency, may ex-
empt any act or omission from the provisions of this Act 
if such exemption is necessary for national security.’’.