species or threatened species shall be treated as an area 
described in subparagraph (A)(iv) until a recovery plan 
for the species is developed or the existing recovery plan 
for the species is revised pursuant to subsection (b)(3). 
‘‘(d) RECOVERY TEAMS.—(1) The Secretary shall 
promulgate regulations that provide for the establishment 
of recovery teams for development of recovery plans under 
this section. 
‘‘(2) Such regulations shall— 
‘‘(A) establish criteria and the process for se-
lecting the members of recovery teams, and the proc-
ess for preparing recovery plans, that ensure that 
each team— 
‘‘(i) is of a size and composition to enable 
timely completion of the recovery plan; and 
‘‘(ii) 
includes 
sufficient 
representation 
from constituencies with a demonstrated direct 
interest in the species and its conservation or in 
the economic and social impacts of its conserva-
tion to ensure that the views of such constitu-
encies will be considered in the development of 
the plan; 
‘‘(B) include provisions regarding operating 
procedures of and recordkeeping by recovery teams;
‘‘(C) ensure that recovery plans are scientif-
ically rigorous and that the evaluation of costs re-
quired by paragraphs (1)(A)(iii) and (1)(D) of sub-
section (c) are economically rigorous; and 
‘‘(D) provide guidelines for circumstances in 
which the Secretary may determine that appoint-
ment of a recovery team is not necessary or advis-
able to develop a recovery plan for a specific species, 
including procedures to solicit public comment on 
any such determination. 
‘‘(3) The Federal Advisory Committee Act (5 App. 
U.S.C.) shall not apply to recovery teams appointed in ac-
cordance with regulations issued by the Secretary under 
this subsection. 
‘‘(e) REPORTS TO CONGRESS.—(1) The Secretary 
shall report every two years to the Committee on Re-
sources of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate 
on the status of all domestic endangered species and 
threatened species and the status of efforts to develop and 
implement recovery plans for all domestic endangered spe-
cies and threatened species. 
‘‘(2) In reporting on the status of such species since 
the time of its listing, the Secretary shall include—
‘‘(A) an assessment of any significant change in 
the well-being of each such species, including— 
‘‘(i) changes in population, range, or 
threats; and 
‘‘(ii) the basis for that assessment; and 
‘‘(B) for each species, a measurement of the de-
gree of confidence in the reported status of such spe-
cies, based upon a quantifiable parameter developed 
for such purposes. 
‘‘(f) PUBLIC NOTICE AND COMMENT.—The Secretary 
shall, prior to final approval of a new or revised recovery 
plan, provide public notice and an opportunity for public 
review and comment on such plan. The Secretary shall 
consider all information presented during the public com-
ment period prior to approval of the plan. 
‘‘(g) STATE COMMENT.—The Secretary shall, prior 
to final approval of a new or revised recovery plan, provide 
a draft of such plan and an opportunity to comment on 
such draft to the Governor of, and State agency in, any 
State to which such draft would apply. The Secretary shall 
include in the final recovery plan the Secretary’s response 
to the comments of the Governor and the State agency. 
‘‘(h) USE OF PLANS.—(1) Each Federal agency shall 
consider any relevant best available scientific data con-
tained in a recovery plan in any analysis conducted under
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 or otherwise to have 
an effect other than as nonbinding guidance, except with 
respect to any program or project covered by an implemen-
tation agreement under this paragraph. 
‘‘(i) 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.’’. 
(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) SPECIES RECOVERY AGREEMENTS AND SPECIES 
CONSERVATION CONTRACT AGREEMENTS.— 
(1) AGREEMENTS AUTHORIZED.—Section 5 (16 
U.S.C. 1534) is further amended by adding at the 
end the following: 
‘‘(l) SPECIES RECOVERY AGREEMENTS AND SPECIES 
CONSERVATION CONTRACT AGREEMENTS.—(1) The Sec-
retary may enter into species recovery agreements pursu-
ant to paragraph (2) and species conservation contract 
agreements pursuant to paragraph (3) with persons, other