(9) THIRD-PARTY
EVALUATOR
TEAM.—The 
term ‘‘third-party evaluator team’’ means an inde-
pendent entity empaneled under section 3(a). 
SEC. 3. INDEPENDENT REVIEW OF PROPOSED LISTINGS. 
(a) THIRD-PARTY EVALUATOR TEAMS.— 
(1) IN GENERAL.—Not later than 90 days after 
the date on which an established consortium re-
quests that a third-party evaluator team be 
empaneled under subsection (b)(1)(B), the Secretary 
shall empanel a third-party evaluator team to review, 
evaluate, and determine the sufficiency of a proposed 
listing as threatened or endangered under the En-
dangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) by the Service of a species that is managed by 
the established consortium that objects to that pro-
posed listing. 
(2) MEMBERSHIP; STRUCTURE.— 
(A) IN
GENERAL.—The structure and 
membership of a third-party evaluator team 
shall be established by the Secretary, in con-
sultation with Congress, subject to the condi-
tion that the Secretary shall have the final de-
termination on the structure, membership, and 
scope of review of a third-party evaluator team. 
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(B) GUIDELINES AND REQUIREMENTS FOR 
MEMBERSHIP.—In establishing the membership 
of a third-party evaluator team under subpara-
graph (A), the Secretary shall adhere to the fol-
lowing requirements: 
(i) Not fewer than 5, but not greater 
than 9, individuals selected to serve on the 
third-party evaluator team shall have ex-
pertise in the following: 
(I) Science or academic back-
ground necessary to render an expert 
opinion on the scientific studies and 
related materials submitted for review 
under paragraphs (5) and (6)(C) of 
subsection (b). 
(II) Ability to provide economic 
analysis and economic impacts of a 
threatened or endangered species list-
ing on local and regional economies, 
with a particular expertise on impacts 
on private landowners and small busi-
nesses. 
(III) 
Voluntary 
conservation 
partnerships. 
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(IV) Natural resource-related in-
dustries, including oil and gas, min-
ing, forestry, ranching, agriculture, 
and grazing. 
(ii) No current or former employee of 
the Service shall be eligible to serve on the 
third-party evaluator team. 
(C) CHAIR.—The Chair of a third-party 
evaluator team shall be determined by the mem-
bers of the third-party evaluator team. 
(D) PUBLICATION.—Not later than 10 
days before the date on which a third-party 
evaluator team has its first meeting, the Sec-
retary shall publish, by Secretarial Order in the 
Federal Register, the structure, membership, 
and scope of review of the third-party evaluator 
team. 
(3) ADMINISTRATION; VOTING.— 
(A) IN GENERAL.—A third-party evaluator 
team shall determine the process for reviewing 
documents, requesting information, drafting the 
final report under subsection (b)(7), and other 
related actions. 
(B) VOTING.— 
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(i) IN GENERAL.—Each member of a 
third-party evaluator team shall have an 
equal vote. 
(ii) VOTE TO PROCEED.— 
(I) IN GENERAL.—A determina-
tion on proceeding by a third-party 
evaluator team shall be by majority 
vote. 
(II) TIE.—For purposes of pre-
paring and submitting a final report 
and determination under subsection 
(b)(7), a vote of a third-party eval-
uator team that results in a tie shall 
result in the proposed listing that is 
the subject of that final report and 
determination to be terminated. 
(4) COMPENSATION OF MEMBERS.—A member 
of a third-party evaluator team who is not an officer 
or employee of the Federal Government shall be 
compensated at a rate equal to the daily equivalent 
of the annual rate of basic pay prescribed for level 
IV of the Executive Schedule under section 5315 of 
title 5, United States Code, for each day (including 
travel time) during which the member is engaged in 
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the performance of the duties of the third-party 
evaluator team. 
(5) TRAVEL EXPENSES.—A member of a third- 
party evaluator team shall be allowed travel ex-
penses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under 
subchapter I of chapter 57 of title 5, United States 
Code, while away from their homes or regular places 
of business in the performance of services for the 
third-party evaluator team. 
(b) PROCESS.— 
(1) IN GENERAL.—Not later than 21 days after 
the date on which the Secretary publishes a notice 
of a proposed listing of a species as threatened or 
endangered under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.), an established con-
sortium may— 
(A) submit to the Secretary a letter object-
ing to the proposed listing; and 
(B) request that a third-party evaluator 
team be empaneled. 
(2) CEASE OF FEDERAL ACTION.—On receipt of 
an objection letter from an established consortium 
under paragraph (1)(A), the Secretary shall cease all 
action with respect to the proposed listing. 
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(3) RESPONSE BY SECRETARY.—Not later than 
45 days after the date on which the Secretary re-
ceives an objection letter from an established consor-
tium under paragraph (1)(A), the Secretary shall 
refer the matter to the third-party evaluator team. 
(4) FIRST MEETING.—Not later than 14 days 
after the date on which the Secretary refers an ob-
jection to the third-party evaluator team under para-
graph (3), the third-party evaluator shall hold its 
first meeting. 
(5) SUBMISSION
OF
INFORMATION.—At such 
time and in such manner as the third-party eval-
uator team determines appropriate, the Service and 
the established consortium shall submit to the third- 
party evaluator team the scientific data, or any 
other material, that the Service and the established 
consortium, respectively, believes supports its posi-
tion in opposition to, or support for, the proposed 
listing. 
(6) REVIEW.— 
(A) IN GENERAL.—Not later than 90 days 
after the date on which the third-party eval-
uator team receives the information submitted 
under paragraph (5), the third-party evaluator 
team— 
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(i) shall conduct an initial review of 
the assertions made by the Service and the 
established consortium; and 
(ii) may, as applicable, request addi-
tional information from— 
(I) the Service or the established 
consortium; or 
(II) outside parties, including the 
public, experts, or any other party, as 
determined by the third-party eval-
uator team. 
(B) CONSIDERATIONS.—In conducting an 
initial review under subparagraph (A)(i), the 
third-party evaluator team shall consider, in ad-
dition to the information submitted under para-
graph (5)— 
(i) the current management plans in 
place for the applicable candidate species; 
(ii) opportunities for achieving, or 
continuing, protection of the applicable 
species through the current, or enhanced, 
voluntary conservation actions; 
(iii) the economic impacts of the pro-
posed listing; and 
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(iv) such other factors, as determined 
by the third-party evaluator team. 
(C) RESPONSE TO REQUEST.—If the third- 
party evaluator team requests additional infor-
mation from the Service, the established consor-
tium, or an outside party under subparagraph 
(A)(ii), the Service, established consortium, or 
outside party, as applicable, shall have 30 days 
to respond to that request. 
(7) FINAL DECISION AND REPORT.— 
(A) IN
GENERAL.—Not later than 180 
days after the later of the date on which the 
third-party evaluator team conducts an initial 
review under subparagraph (A)(i) of paragraph 
(6) and the date on which the third-party eval-
uator team receives additional information 
under subparagraph (C) of that paragraph, the 
third-party evaluator team shall review the ad-
ditional information, if applicable, and provide 
to the Secretary a final report that contains a 
binding determination describing whether the 
proposed listing shall— 
(i) proceed; 
(ii) be terminated; or 
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(iii) be remanded back to the Service 
for further action, in accordance with that 
determination. 
(B) REQUIREMENT.—A final report sub-
mitted under subparagraph (A) shall be made 
publicly available and of sufficient length and 
detail to provide members of the public with a 
clear and basic understanding of the decision 
and why the decision was rendered. 
(C) DISSENTS.—Any member of the third- 
party evaluator team that disagrees with the 
final report submitted under subparagraph (A) 
may submit, to the Secretary in accordance 
with that subparagraph, a dissent. 
(8) FINAL AGENCY ACTION.—A determination 
made by the third-party evaluator team under para-
graph (7)(A) shall constitute a final agency action 
(as defined in section 551 of title 5, United States 
Code). 
SEC. 4. ENHANCING THE TRANSPARENCY OF THE LISTING 
PROCESS. 
(a) IN GENERAL.—In accordance with subchapter II 
of chapter 5, and chapter 7, of title 5, United States Code 
(commonly known as the ‘‘Administrative Procedure 
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Act’’), each Species Status Assessment shall be subject to 
notice and comment. 
(b) REQUIREMENTS.—Each Species Status Assess-
ment shall include— 
(1) the names of all peer reviewers; 
(2) a biography of each peer reviewer; 
(3) the selection process for the members of the 
peer review team; 
(4) a detailed description of all previous Species 
Status Assessments that the peer review team has 
reviewed and the role of each member of the peer re-
view team in those reviews; 
(5) a list of published papers the peer reviewers 
have produced, including the subject of the Species 
Status Assessment and methodologies and expertise 
related to information included the Species Status 
Assessment; 
(6) an annotated bibliography of all reports, 
academic papers, and related material considered 
but excluded from the final Species Status Assess-
ment and an explanation of why that information 
was excluded; 
(7) an annotated bibliography of all reports, 
academic papers, and related material considered 
and included in the final Species Status Assessment 
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and an explanation of why that information was in-
cluded; and 
(8) an explanation of how the Service inter-
preted the genetic data and information in the Spe-
cies Status Assessment and, to the extent the peer 
review team use data sets, the given assumptions in 
the interpretation of those data sets. 
SEC. 5. CODIFICATION OF PARTNERSHIPS. 
(a) CANDIDATE CONSERVATION AGREEMENTS; CAN-
DIDATE
CONSERVATION
AGREEMENTS
WITH
ASSUR-
ANCES.—Each Candidate Conservation Agreement and 
Candidate Conservation Agreement with Assurances in ef-
fect as of the date of enactment of this Act shall have 
the force and effect of law beginning on the date of enact-
ment of this Act until such time as the parties to the appli-
cable Candidate Conservation Agreement or Candidate 
Conservation Agreement with Assurances mutually agree 
not to renew the Candidate Conservation Agreement or 
Candidate Conservation Agreement with Assurances, as 
applicable. 
(b) PARTNERS
FOR FISH
AND WILDLIFE PRO-
GRAM.— 
(1) IN
GENERAL.—Pursuant to the Partners 
for Fish and Wildlife Program of the Service author-
ized by section 4 of the Partners for Fish and Wild-
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life Act (16 U.S.C. 3773) (referred to in this sub-
section as the ‘‘Program’’), the Secretary shall enter 
into voluntary and customized partnerships with pri-
vate landowners to improve conditions for wildlife. 
(2) DUTIES.—In carrying out the Program, the 
Secretary shall provide technical and financial assist-
ance to private landowners who enter into a partner-
ship with the Service under paragraph (1) to plan, 
design, supervise, and monitor customized habitat 
restoration projects. 
SEC. 6. CONSERVATION PARTNERSHIP OPTIONS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, it shall be at the sole discretion of a non- 
Federal property owner to determine which conservation 
agreement described in subsection (b) to enter into with 
the Service for the conservation of a species. 
(b) CONSERVATION AGREEMENTS DESCRIBED.—A 
conservation agreement referred to in subsection (a) is any 
of the following: 
(1) A Conservation Benefit Agreement. 
(2) A Candidate Conservation Agreement. 
(3) A Candidate Conservation Agreement with 
Assurances. 
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