State that are necessary so that the State may pursue 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 INCEN-
TIVES 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 para-
graph (3) with persons, other than agencies or departments 
of the Federal Government or State governments, under 
which the Secretary is obligated, subject to the availability 
of appropriations, to make annual payments or provide 
other compensation to the persons to implement the agree-
ments. 
‘‘(2)(A) The Secretary and persons who own or control 
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, activi-
ties 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; 
‘‘(II) a description of the land to which the 
agreement applies; and 
‘‘(III) a description of, and a schedule to 
carry out, the activities under clause (i); 
‘‘(iii) shall provide sufficient documentation to 
establish ownership or control by the person of the 
land to which the agreement applies; 
‘‘(iv) shall include the amounts of the annual 
payments or other compensation to be provided by the
Secretary to the person under the agreement, and the 
terms under which such payments or compensation 
shall be provided; and 
‘‘(v) shall include— 
‘‘(I) the duties of the person; 
‘‘(II) the duties of the Secretary; 
‘‘(III) the terms and conditions under 
which the person and the Secretary mutually 
agree the agreement may be modified or termi-
nated; and 
‘‘(IV) acts or omissions by the person or the 
Secretary that shall be considered violations of 
the agreement, and procedures under which no-
tice of and an opportunity to remedy any viola-
tion by the person or the Secretary shall be 
given. 
‘‘(C) In entering into species recovery agreements 
under this paragraph, the Secretary shall accord priority 
to agreements that apply to any areas that are identified 
in recovery plans pursuant to subsection (c)(1)(A)(iv). 
‘‘(3)(A) The Secretary and persons who own private 
land may enter into species conservation contract agree-
ments with terms of 30 years, 20 years, or 10 years that 
meet the criteria set forth in subparagraph (B) and stand-
ards set forth in subparagraph (D) and are in accordance 
with the priorities established in subparagraph (C). 
‘‘(B) A species conservation contract agreement entered 
into under this paragraph by the Secretary with a person— 
‘‘(i) shall provide that the person shall, on the 
land owned by the person— 
‘‘(I) carry out conservation practices to 
meet one or more of the goals set forth in clauses 
(i) through (iii) of subparagraph (C) for one or 
more covered species, that are species that are de-
termined to be endangered species or threatened 
species pursuant to section 4(a)(1), species deter-
mined to be candidate species pursuant to sec-
tion 4(b)(3)(B)(iii), or species subject to com-
parable designations under State law; and 
‘‘(II) specify and implement a management 
plan for the covered species; 
‘‘(ii) shall specify such a management plan that 
includes— 
‘‘(I) identification of the covered species; 
‘‘(II) a description in detail of the conserva-
tion practices for the covered species that the per-
son shall undertake; 
‘‘(III) a description of the land to which the 
agreement applies;