HR 1490 SC3
‘‘(i) inhabits the area covered by the
plan; and
‘‘(ii) is designated in the plan for con-
servation.
‘‘(2) PERMIT.—
‘‘(A) The Secretary may issue a permit
under this paragraph authorizing any taking
described in subsection (a)(1)(B) of a species
for which a multiple species conservation plan is
developed under this subsection, if the Sec-
retary, after the opportunity for public com-
ment on the plan—
‘‘(i) finds that the plan specifies the
information 
described 
in 
subsection
(a)(2)(A);
‘‘(ii) makes the findings described in
subsection (a)(2)(B) with respect to the
permit application and the plan; and
‘‘(iii) receives such assurances as the
Secretary may require that the plan will be
implemented.
‘‘(B) A permit issued under this paragraph
with respect to a multiple species conservation
plan shall be treated as a permit issued under
HR 1490 SC3
subsection (a)(1)(B) for species for which the
plan is developed.’’.
SEC. 306. COMPENSATING PROPERTY OWNERS FOR SUB-
STANTIALLY DIMINISHED VALUE.
(a) AMENDMENT TO ACT.—The Act is amended by
inserting after section 10 (16 U.S.C. 1539) the following:
‘‘COMPENSATION FOR LANDOWNERS
‘‘SEC. 10A. (a) ELIGIBILITY.—A property owner
that, as a consequence of a final decision of the Secretary
pursuant to section 7(a), section 7(q), or section 10(a),
is substantially deprived of the economically viable use of
property owned or held by the property owner is entitled
to receive compensation in accordance with this section.
‘‘(b) DEADLINE.—Within 90 days after receipt of a
final decision of the Secretary under section 7(a), section
7(q), or section 10(a) that subtantially deprives a property
owner of the economically viable use of property owned
or held by the property owner, the property owner may
submit in writing a request to the Secretary for compensa-
tion in accordance with subsection (c).
‘‘(c) SECRETARY’S OFFER.—The Secretary, within
180 days after the receipt of a request for compensation,
shall provide to the property owner—
‘‘(1) an offer to purchase the affected property
of the property owner at a fair market value assum-
ing no use restrictions under this Act; and
HR 1490 SC3
‘‘(2) an offer to compensate the property owner
for the difference between the fair market value of
the property without those restrictions and the fair
market value of the property with those restrictions.
‘‘(d) PROPERTY OWNER’S RESPONSE.—A property
owner shall have 60 days after the date of receipt of the
Secretary’s offers under subsection (c) to accept one of
the offers or to reject both offers. If the property owner
rejects both offers, the property owner may submit the
matter for arbitration to an arbitrator appointed by the
Secretary from a list of arbitrators submitted to the Sec-
retary by the American Arbitration Association. The arbi-
tration shall be conducted in accordance with the real es-
tate valuation arbitration rules of that association. For
purposes of this section, an arbitration shall be binding
on the Secretary and a property owner as to the amount,
if any, of compensation owned to the property owner and
whether for purposes of this section the property owner
has been substantially deprived of the economically viable
use of the affected property.
‘‘(e) OTHER REMEDIES NOT AFFECTED.—Nothing
in this section shall affect the right of a property owner
to pursue any other remedy available at law.
‘‘(f) JUDGMENT.—A final decision of the Secretary
pursuant to section 7(a), section 7(q), or section 10(a)
HR 1490 SC3
that substantially deprives a property owner of the eco-
nomically viable use of the property owned or held by the
property owner is deemed, at the option of the property
owner to be a taking under the Constitution of the United
States and a judgment against the United States if the
property owner—
‘‘(1) accepts an offer by the Secretary under
subsection (d); or
‘‘(2) submits to arbitration under subsection
(d).
‘‘(g) PAYMENT.—The Secretary shall pay a property
owner any compensation required under the terms of an
offer of the Secretary that is accepted by the property
owner in accordance with subsection (d), or under a deci-
sion of an arbiter under that subsection, by not later than
60 days after the date of the acceptance or the date the
issuance of the decision, respectively.
‘‘(h) DEFINITIONS.—In this section the following
definitions apply:
‘‘(1) PROPERTY.—The term ‘property’ means—
‘‘(A) land;
‘‘(B) any interest in land; and
‘‘(C) any proprietary water right.
‘‘(2) PROPERTY OWNER.—The term ‘property
owner’ means a non-Federal person (other than an
HR 1490 SC3
officer, employee, agent, department, or instrumen-
tality of a State, municipality, or political subdivi-
sion of a State, or a State, municipality, or subdivi-
sion of a State) that—
‘‘(A) owns property referred to in para-
graph (1) (A) or (B); or
‘‘(B) holds property referred to in para-
graph (1)(C).’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Act is amended by inserting after the entry
for section 10 the following:
‘‘Sec. 10A. Compensation for property owners.’’.
TITLE IV—PROVIDING FOR HABI-
TAT CONSERVATION INCEN-
TIVE PROGRAMS
SEC. 401. COOPERATIVE MANAGEMENT AGREEMENTS.
Section 6(b) (16 U.S.C. 1535(b)) is amended to read
as follows:
‘‘(b) COOPERATIVE MANAGEMENT AGREEMENTS.—
‘‘(1) IN GENERAL.—The Secretary may enter
into an agreement with any non-Federal person hav-
ing authority, control, or ownership over the area af-
fected by any listing, proposed listing, or candidacy
for listing of a species pursuant to section 4(a)(1),
any designation of critical habitat pursuant to sec-
tion 4(a)(3), or any listing of a species subject to
HR 1490 SC3
section 4(b)(3)(B)(iii). The agreement shall be
known as a ‘Cooperative Management Agreement’
and shall govern the administration and manage-
ment of an area or areas that the Secretary identi-
fies as habitat for that species.
‘‘(2) INITIATION
OR
REQUEST
FOR
AGREE-
MENT.—The Secretary may initiate, or a non-Fed-
eral person may submit to the Secretary a request
to enter into, a Cooperative Management Agreement.
A person shall submit with the request a proposed
Cooperative Management Agreement.
‘‘(3) PUBLICATION AND COMMENT.—The Sec-
retary shall publish in the Federal Register—
‘‘(A) a notice of availability of, and a re-
quest for public comment on, a proposed Coop-
erative Management Agreement; and
‘‘(B) each Cooperative Management Agree-
ment entered into by the Secretary.
‘‘(4) HEARINGS.—The Secretary shall hold a
public hearing on a proposed Cooperative Manage-
ment Agreement in each county or parish to which
the proposed agreement applies.
‘‘(5) CONSIDERATION OF INFORMATION.—
HR 1490 SC3
‘‘(A) Before entering into a Cooperative
Management Agreement, the Secretary shall
consider and weigh carefully all information—
‘‘(i) received in response to the re-
quest for comments published under para-
graph (3); or
‘‘(ii) presented as testimony in any
hearing held under paragraph (4).
‘‘(B) The Secretary shall publish under
paragraph (3)(B) with a Cooperative Manage-
ment Agreement the response of the Secretary
to all information referred to in subparagraph
(A) that is received or presented with respect to
the agreement.
‘‘(6) APPROVAL OF PROPOSED AGREEMENT.—
‘‘(A) Within 120 days after the submission
of a proposed Cooperative Management Agree-
ment in accordance with paragraph (2), the
Secretary shall determine whether the proposed
agreement—
‘‘(i) is in accordance with this sub-
section; and
‘‘(ii) will promote conservation of the
species to which the proposed agreement
applies.
HR 1490 SC3
‘‘(B) The Secretary shall approve and
enter into a proposed Cooperative Management
Agreement with the person that submits the
proposed agreement if the Secretary finds
that—
‘‘(i) the person has sufficient author-
ity under law to implement and abide by
the terms of the agreement;
‘‘(ii) the agreement defines an area or
areas that serve as habitat for the species
to which it applies;
‘‘(iii) the agreement provides for the
administration and management of the
area or areas and adequately regulates ac-
tivities occurring therein which may not
otherwise promote conservation of the spe-
cies to which it applies;
‘‘(iv) the agreement promotes the con-
servation of the species to which it applies
by committing non-Federal or Federal ef-
forts to that conservation; and
‘‘(v) the agreement is adequately
funded to carry out its purposes.
‘‘(7) EFFECT OF AGREEMENT.—
HR 1490 SC3
‘‘(A) Sections 4(a)(1), 4(a)(3), 5, and 7
shall not apply to activities of a person con-
ducted in accordance with a Cooperative Man-
agement Agreement.
‘‘(B) Notwithstanding subparagraph (A),
an intentional or knowing violation of a Cooper-
ative Management Agreement or a statute or
regulation implementing a Cooperative Manage-
ment Agreement, that has the effect of jeopard-
izing the continued existence of a species to
which the agreement applies shall be considered
to be a violation of this Act.
‘‘(8) RESCISSION OF AGREEMENT.—
‘‘(A) If the Secretary determines after
public hearing and opportunity for comment
that a person that is a party to a Cooperative
Management Agreement is not administering or
acting in accordance with the agreement, the
Secretary shall notify the person.
‘‘(B) If a person that is notified under
subparagraph (A) fails to take appropriate cor-
rective action within a period of time deter-
mined by the Secretary to be reasonable (not to
exceed 90 days after the date of the notifica-
tion)—
HR 1490 SC3
‘‘(i) the Secretary shall rescind the
Cooperative Management Agreement that
is the subject of the notification; and
‘‘(ii) on and after the date of that re-
scission—
‘‘(I) the agreement shall not be
effective; and
‘‘(II) sections 4(a)(1), 4(a)(3), 5,
and 7 shall apply to activities of the
person.’’.
SEC. 402. HABITAT RESERVE GRANTS.
Section 6(b) (16 U.S.C. 1535(b)), as amended by sec-
tion 401, is further amended by adding at the end the
following:
‘‘(9) HABITAT RESERVE GRANTS.—
‘‘(A) The Secretary may provide grants to
a non-Federal person (other than an officer,
employee, agent, department, or instrumentality
of a State, municipality, or political subdivision
of a State, and a State, municipality, or sub-
division of a State) for the purpose of preserv-
ing habitat for any species that is determined
under section 4 to be an endangered species or
threatened species.
HR 1490 SC3
‘‘(B) The Secretary may annually provide
grants under this paragraph if the Secretary
determines that—
‘‘(i) the property for which the grant
is provided contains habitat that signifi-
cantly contributes to enhancement of the
population of the species;
‘‘(ii) that property has been dedicated
to species conservation for a sufficient pe-
riod of time to significantly contribute to
enhancement of the population of the spe-
cies; and
‘‘(iii) the preservation of that habitat
advances the interest of species conserva-
tion.
‘‘(C) A grant under this paragraph is
transferable to subsequent owners of the prop-
erty for which the grant is provided.’’.
SEC. 403. CONFORMING AMENDMENTS.
(a) SECTION HEADING.—Section 6 (16 U.S.C. 1535)
is further amended by amending the section heading to
read as follows: ‘‘COOPERATION WITH NON-FEDERAL PER-
SONS’’.
HR 1490 SC3
(b) TABLE OF CONTENTS.—The table of contents for
the Act is amended by amending the entry for section 6
to read as follows:
‘‘Sec. 6. Cooperation with non-Federal persons.’’.
TITLE V—REAUTHORIZATION
AND OTHER AMENDMENTS
SEC. 501. GUIDANCE FOR THE RELEASE OF EXPERIMENTAL
POPULATIONS.
Section 10(j) (16 U.S.C. 1539(j)) is amended—
(1) in paragraph (2)(B), by inserting—
(A) ‘‘and the precise boundaries of the geo-
graphical areas for the release’’ after ‘‘popu-
lation’’ the second place it appears; and
(B) ‘‘whether the release is in the public
interest and’’ after ‘‘information,’’;
(2) in paragraph (2)(C), by striking ‘‘and’’ in
clause (i), redesignating clause (ii) as clause (iii),
and inserting after clause (i) the following:
‘‘(ii) for purposes of section 4(d) and
9(a)(1)(B), any member of an experi-
mental population found outside the geo-
graphical area in which the population is
released shall not be treated as a threat-
ened species if it poses a threat to the well
being of the public;’’; and
HR 1490 SC3
store viable populations only within the specific geo-
graphic areas identified for release in such regula-
tions.’’.
SEC. 502. RECOGNITION OF CAPTIVE PROPAGATION AS
MEANS OF RECOVERY.
Section 13 (87 Stat. 901; relating to conforming
amendments) is amended to read as follows:
‘‘RECOGNITION OF CAPTIVE PROPAGATION AS MEANS OF
RECOVERY
‘‘SEC. 13. (a) IN GENERAL.—In carrying out respon-
sibilities of the Secretary under sections 4, 5, and 7, the
Secretary shall recognize to the maximum extent prac-
ticable, and may utilize, captive propagation as a means
of conserving an endangered species or threatened species.
‘‘(b) CAPTIVE PROPAGATION GRANTS.—The Sec-
retary may annually provide grants to non-Federal per-
sons to fund captive propagation programs for the purpose
of preserving any species that is determined under section
4 to be an endangered species or threatened species, if
the Secretary determines that the program contributes to
enhancement of the population of the species.’’.
SEC. 503. CLARIFYING THE APPLICATION OF PROHIBI-
TIONS TO THREATENED SPECIES.
Section 4(d) (16 U.S.C. 1533(d)) is amended by
striking the first sentence and inserting the following:
‘‘When a species is listed as a threatened species pursuant
HR 1490 SC3
to subsection (c), the Secretary shall issue, concurrently
with or subsequent to the regulation that provides for the
listing of the species, regulations the Secretary considers
necessary and advisable to provide for the conservation of
the species.’’.
SEC. 504. CITIZEN SUITS.
(a) Section 11(g) (16 U.S.C. 1540(g)) is amended—
(1) in paragraph (1)(A), by striking ‘‘any per-
son, including the United States and any other gov-
ernmental instrumentality or agency (to the extent
permitted by the eleventh amendment to the Con-
stitution,’’ and inserting ‘‘the United States or any
agency or official thereof ’’;
(2) in the first sentence following subparagraph
(C) of paragraph (1), by striking ‘‘or the citizenship
of the parties’’; and
(3) in paragraph (3), by striking ‘‘(A)’’ and
subparagraph (B).
(b) Section 11(g) (16 U.S.C. 1540(g)) is further
amended by adding at the end the following:
‘‘(6) A non-Federal person (including a person that
sustains actual or imminent economic injury as a direct
or indirect result of a violation of this Act or a regulation
issued under this Act by the United States or any agency
or official thereof) may commence a civil suit on his or
HR 1490 SC3
her own behalf and may intervene as a matter of right
in any suit brought under this Act related to that injury.’’.
SEC. 505. INCREASED AUTHORIZATIONS OF APPROPRIA-
TIONS.
Section 15 (16 U.S.C. 1542) is amended to read as
follows:
‘‘AUTHORIZATIONS OF APPROPRIATIONS
‘‘SEC. 15. (a) IN GENERAL.—Except as provided in
subsections (b) and (c), there are authorized to be appro-
priated—
‘‘(1) 
to 
the 
Secretary 
of 
the 
Interior,
$59,000,000 for fiscal year 1994, $67,000,000 for
fiscal year 1995, $76,000,000 for fiscal year 1996,
$87,000,000 for fiscal year 1997, and $100,000,000
for fiscal year 1998 to carry out this Act;
‘‘(2) 
to 
the 
Secretary 
of 
Commerce,
$13,500,000 for fiscal year 1994, $15,000,000 for
fiscal year 1995, $16,500,000 for fiscal year 1996,
$18,000,000 for fiscal year 1997, and $20,000,000
for fiscal year 1998 to carry out this Act; and
‘‘(3) 
to 
the 
Secretary 
of 
Agriculture,
$3,000,000 for fiscal year 1994, $3,300,000 for fis-
cal year 1995, $3,600,000 for fiscal year 1996,
$4,000,000 for fiscal year 1997, and $4,300,000 for
fiscal year 1998 to carry out functions and respon-
sibilities of the Secretary of Agriculture with respect
HR 1490 SC3
to the enforcement of this Act and the Convention
which pertain to the importation or exportation of
plants.
‘‘(b) EXEMPTIONS FROM ACT.—There are authorized
to be appropriated to the Secretary to enable the Secretary
and the Endangered Species Committee to carry out their
functions under sections 7 (e), (g), (h), and (r) $625,000
for each of fiscal years 1994, 1995, 1996, 1997, and 1998.
‘‘(c) CONVENTION IMPLEMENTATION.—There are au-
thorized to be appropriated to the Secretary of the Interior
for carrying out section 8A(e) $600,000 for each of fiscal
years 1994, 1995, and 1996, and $700,000 for each of
fiscal years 1997 and 1998. Amounts appropriated under
this subsection shall remain available until expended.’’.
Æ
HR 1490 SC3——2
HR 1490 SC3——3
HR 1490 SC3——4
HR 1490 SC3——5