lished by the agreement shall ensure that the decision to 
enroll is voluntary for each owner of such lands or water 
rights. 
‘‘(5)(A) The Secretary may enter into a cooperative 
agreement under this subsection with an Indian tribe in 
substantially the same manner in which the Secretary may 
enter into a cooperative agreement with a State. 
‘‘(B) For the purposes of this paragraph, the term ‘In-
dian tribe’ means— 
‘‘(i) with respect to the 48 contiguous States, any 
federally recognized Indian tribe, organized band, 
pueblo, or community; and 
‘‘(ii) with respect to Alaska, the Metlakatla In-
dian Community.’’; 
(2) in subsection (d)(1)— 
(A) by striking ‘‘pursuant to subsection (c) 
of this section’’; 
(B) by striking ‘‘or to assist’’ and all that 
follows through ‘‘section 5(j)’’ and inserting 
‘‘pursuant to subsection (c)(1) and (2) or to ad-
dress candidate species or other species at risk 
and recovered species pursuant to subsection 
(c)(3)’’; and 
(C) in subparagraph (F), by striking ‘‘mon-
itoring the status of candidate species’’ and in-
serting ‘‘developing a conservation program for, 
or monitoring the status of, candidate species or 
other species determined to be at risk pursuant 
to subsection (c)(3)’’; and 
(3) in subsection (e)— 
(A) by inserting ‘‘(1)’’ before the first sen-
tence; 
(B) in paragraph (1), as designated by sub-
paragraph (A) of this paragraph, by striking ‘‘at 
no greater than annual intervals’’ and inserting 
‘‘every 3 years’’; and 
(C) by adding at the end the following: 
‘‘(2) Any cooperative agreement entered into by the 
Secretary under subsection (c) shall be subject to section 
7(a)(2) through (d) and regulations implementing such pro-
visions only before— 
‘‘(A) the Secretary enters into the agreement; 
and 
‘‘(B) the Secretary approves any renewal of, or 
amendment to, the agreement that— 
‘‘(i) addresses species that are determined to 
be endangered species or threatened species, are 
not addressed in the agreement, and may be af-
fected by the agreement; or
‘‘(ii) new information about any species ad-
dressed in the agreement that the Secretary de-
termines— 
‘‘(I) constitutes the best available sci-
entific data; and 
‘‘(II) indicates that the agreement may 
have adverse effects on the species that had 
not been considered previously when the 
agreement was entered into or during any 
revision thereof or amendment thereto. 
‘‘(3) The Secretary may suspend any cooperative 
agreement established pursuant to subsection (c), after con-
sultation with the Governor of the affected State, if the Sec-
retary finds during the periodic review required by para-
graph (1) of this subsection that the agreement no longer 
constitutes an adequate and active program for the con-
servation of endangered species and threatened species. 
‘‘(4) The Secretary may terminate any cooperative 
agreement entered into by the Secretary under subsection 
(c), after consultation with the Governor of the affected 
State, if— 
‘‘(A) as result of the procedures of section 7(a)(2) 
through (d) undertaken pursuant to paragraph (2) of 
this subsection, the Secretary determines that contin-
ued implementation of the cooperative agreement is
likely to jeopardize the continued existence of endan-
gered species or threatened species, and the coopera-
tive agreement is not amended or revised to incor-
porate a reasonable and prudent alternative offered 
by the Secretary pursuant to section 7(b)(3); or 
‘‘(B) the cooperative agreement has been sus-
pended under paragraph (3) of this subsection and 
has not been amended or revised and found by the 
Secretary to constitute an adequate and active pro-
gram for the conservation of endangered species and 
threatened species within 180 days after the date of 
the suspension.’’. 
SEC. 11. INTERAGENCY COOPERATION AND CONSULTA-
TION. 
(a) CONSULTATION REQUIREMENT.—Section 7(a) (16 
U.S.C. 1536(a)) is amended— 
(1) in paragraph (1) in the second sentence, by 
striking ‘‘endangered species’’ and all that follows 
through the end of the sentence and inserting ‘‘species 
determined to be endangered species and threatened 
species under section 4.’’; 
(2) in paragraph (2)— 
(A) in the first sentence by striking ‘‘ac-
tion’’ the first place it appears and all that fol-
lows through ‘‘is not’’ and inserting ‘‘agency ac-