mittee on Appropriations of the Senate, a detailed descrip-
tion of the process by which the transfer of functions 
under the amendment made by subsection (a) shall be im-
plemented. 
(d) PRIOR DETERMINATIONS AND ACTIONS NOT AF-
FECTED.—This section shall not affect any determination 
or action by the Secretary of Commerce made or taken, 
respectively, under the Endangered Species Act of 1973 
before the date of the enactment of this Act, except that 
such determinations and actions shall be treated as deter-
minations and actions, respectively, of the Secretary of the 
Interior. 
SEC. 22. REVIEW OF PROTECTIVE REGULATIONS. 
The Secretary of the Interior shall—
(1) review regulations issued before the date of 
the enactment of this Act pursuant to section 4(d) 
of the Endangered Species Act of 1973, in order to 
determine whether revision of such regulations would 
be desirable in order to facilitate and improve co-
operation with the States pursuant to section 6 of 
such Act; and 
(2) report to the Committee on Resources of 
the House of Representatives and the Committee on 
Environment and Public Works of the Senate re-
garding the findings of such review.
SEC. 23. PROVISION OF INFORMATION REGARDING COM-
PLIANCE COSTS OF FEDERAL POWER ADMIN-
ISTRATIONS. 
(a) CUSTOMER BILLINGS.—The Administrator of the 
Bonneville Power Administration, the Western Area 
Power Administration, the Southwestern Power Adminis-
tration, and the Southeastern Power Administration shall 
each include in monthly firm power customer billings sent 
to each customer information identifying and reporting 
such customer’s share of the Federal power marketing and 
generating agencies’ direct and indirect costs incurred by 
such administration related to compliance with the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.) and 
activities related to such Act. 
(b) DIRECT COSTS.—In identifying and reporting di-
rect costs, each Administrator shall include Federal agen-
cy obligations related to study-related costs, capital, oper-
ation, maintenance, and replacement costs, and staffing 
costs. 
(c) INDIRECT COSTS.—In identifying and reporting 
indirect costs, each Administrator shall include foregone 
generation and replacement power costs. 
(d) COORDINATION.—Each Administrator shall co-
ordinate identification of costs under this subsection with 
the appropriate Federal power generating agencies.
SEC. 24. SURVEY OF BLM LANDS AND FOREST SERVICE 
LANDS FOR MANAGEMENT FOR RECOVERY 
OF LISTED SPECIES. 
(a) IN GENERAL.—Not later than 2 years after the 
date of the enactment of this Act, the Secretary of the 
Interior shall—
(1) survey all lands under the administrative ju-
risdiction of the Bureau of Land Management and 
all lands under the administrative jurisdiction Forest 
Service immediately before the enactment of this 
Act, for the purpose of assessing the value of such 
lands for management for the recovery of any spe-
cies included in a list published under section 4(c) 
of the Endangered Species Act of 1973 and for addi-
tion to the National Wildlife Refuge System; and 
(2) make recommendations to the Congress for 
managing any such lands as are appropriate as part 
of the National Wildlife Refuge System. 
(b) LIMITATION ON TRANSFERS.—The Secretary of 
the Interior may not transfer administrative jurisdiction 
pursuant to any recommendation under subsection (a)(2) 
except as authorized by a statute enacted after the date 
of the enactment of this Act.
SEC. 25. RELATIONSHIP BETWEEN SECTION 7 CONSULTA-
TION AND INCIDENT TAKE AUTHORIZATION 
UNDER MARINE MAMMAL PROTECTION ACT 
OF 1972. 
Consultation under section 7 of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1536) is equivalent to a sec-
tion 101 incidental take authorization required under the 
Marine Mammal Protection Act of 1972 (16 U.S.C. 1631 
et seq.) for receiving dock building permits.
Passed the House of Representatives September 29, 
2005. 
Attest:
Clerk.