(B) in the first sentence by striking ‘‘, un-
less’’ and all that follows through the end of the 
sentence and inserting a period; 
(C) in the second sentence, by striking 
‘‘best scientific and commercial data available’’ 
and inserting ‘‘best available scientific data’’; 
and 
(D) by inserting ‘‘(A)’’ before the first sen-
tence, and by adding at the end the following: 
‘‘(B) The Secretary may identify specific agency ac-
tions or categories of agency actions that may be deter-
mined to meet the standards of this paragraph by alter-
native procedures to the procedures set forth in this sub-
section and subsections (b) through (d), except that sub-
sections (b)(4) and (e) may apply only to an action that 
the Secretary finds, or concurs, does meet such standards, 
and the Secretary shall suggest, or concur in any sug-
gested, reasonable and prudent alternatives described in 
subsection (b)(3) for any action determined not to meet 
such standards. Any such agency action or category of 
agency actions shall be identified, and any such alternative 
procedures shall be established, by regulation promulgated 
prior or subsequent to the date of the enactment of this 
Act.’’; 
(3) in paragraph (4)—
(A) by striking ‘‘listed under section 4’’ 
and inserting ‘‘an endangered species or a 
threatened species’’; and 
(B) by inserting ‘‘determined’’ after ‘‘such 
species’’; and 
(4) by adding at the end the following: 
‘‘(5) Any Federal agency or the Secretary, in con-
ducting any analysis pursuant to paragraph (2), shall con-
sider only the effects of any agency action that are distinct 
from a baseline of all effects upon the relevant species that 
have occurred or are occurring prior to the action. 
‘‘(6) This subsection shall not apply to any agency 
action that may affect any species for which a permit is 
issued under section 10 for other than scientific purposes, 
if the action implements or is consistent with any con-
servation plan or agreement incorporated by reference in 
the permit.’’. 
(b) OPINION
OF SECRETARY.—Section 7(b) (16 
U.S.C. 1536(b)) is amended—
(1) in paragraph (1)(B)(i) by inserting ‘‘permit 
or license’’ before ‘‘applicant’’; 
(2) in paragraph (2) by inserting ‘‘permit or li-
cense’’ before ‘‘applicant’’; 
(3) in paragraph (3)(A)—
(A) in the first sentence—
(i) by striking ‘‘Promptly after’’ and 
inserting ‘‘Before’’; 
(ii) by inserting ‘‘permit or license’’ 
before ‘‘applicant’’; and 
(iii) by inserting ‘‘proposed’’ before 
‘‘written statement’’; and 
(B) by striking all after the first sentence 
and inserting the following: ‘‘The Secretary 
shall consider any comment from the Federal 
agency and the permit or license applicant, if 
any, prior to issuance of the final written state-
ment of the Secretary’s opinion. The Secretary 
shall issue the final written statement of the 
Secretary’s opinion by providing the written 
statement to the Federal agency and the permit 
or license applicant, if any, and publishing no-
tice of the written statement in the Federal 
Register. If jeopardy is found, the Secretary 
shall suggest in the final written statement 
those reasonable and prudent alternatives, if 
any, that the Secretary believes would not vio-
late subsection (a)(2) and can be taken by the 
Federal agency or applicant in implementing 
the agency action. The Secretary shall cooper-
ate with the Federal agency and any permit or
license applicant in the preparation of any sug-
gested reasonable and prudent alternatives.’’; 
(4) in paragraph (4)—
(A) by redesignating subparagraphs (A), 
(B), and (C) as clauses (i), (ii), and (iii), re-
spectively; 
(B) by inserting ‘‘(A)’’ after ‘‘(4)’’; 
(C) by striking ‘‘the Secretary shall pro-
vide’’ and all that follows through ‘‘with a writ-
ten statement that—’’ and inserting the fol-
lowing: ‘‘the Secretary shall include in the writ-
ten statement under paragraph (3), a statement 
described in subparagraph (B) of this para-
graph. 
‘‘(B) A statement described in this subparagraph—
’’; and 
(5) by adding at the end the following: 
‘‘(5)(A) Any terms and conditions set forth pursuant 
to paragraph (4)(B)(iv) shall be roughly proportional to 
the impact of the incidental taking identified pursuant to 
paragraph (4) in the written statement prepared under 
paragraph (3). 
‘‘(B) If various terms and conditions are available to 
comply with paragraph (4)(B)(iv), the terms and condi-
tions set forth pursuant to that paragraph—