‘‘(F) NET CONSERVATION BENEFIT.—The 
term ‘net conservation benefit’ means the net 
effect of an Agreement, determined by com-
paring the situation of the candidate species 
without the Agreement in effect and a situation 
in which the Agreement is in effect, on a can-
didate species, including— 
‘‘(i) the net effect on threats to such 
species; 
‘‘(ii) the net effect on the number of 
individuals of such species; and 
‘‘(iii) the net effect on the habitat of 
such species. 
‘‘(G) PROGRAMMATIC
CANDIDATE
CON-
SERVATION AGREEMENT WITH ASSURANCES.— 
The term ‘programmatic Candidate Conserva-
tion Agreement with Assurances’ means a Can-
didate Conservation Agreement with Assurances 
described in paragraph (4)(A).’’. 
SEC. 402. DESIGNATION OF CRITICAL HABITAT. 
Section 4(a)(3) of the Endangered Species Act of 
1973 (16 U.S.C. 1533(a)(3)) is amended by adding at the 
end the following: 
‘‘(C) PRIVATELY
OWNED
OR
CONTROLLED 
LAND.—The Secretary may not designate as critical 
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habitat under subparagraph (A) any privately owned 
or controlled land or other geographical area that is 
subject to a land management plan that— 
‘‘(i) the Secretary determines is similar in 
nature to an integrated natural resources man-
agement plan described in section 101 of the 
Sikes Act (16 U.S.C. 670a); 
‘‘(ii)(I) is prepared in cooperation with the 
Secretary and the head of each applicable State 
fish and wildlife agency of each State in which 
such land or other geographical area is located; 
or 
‘‘(II) is submitted to the Secretary in a 
manner that is similar to the manner in which 
an applicant submits a conservation plan to the 
Secretary under section 10(a)(2)(A); 
‘‘(iii) includes an activity or a limitation on 
an activity that the Secretary determines will 
likely conserve the species concerned; 
‘‘(iv) the Secretary determines will result 
in— 
‘‘(I) an increase in the population of 
the species concerned above the population 
of such species on the date that such spe-
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cies is listed as threatened or endangered; 
or 
‘‘(II) maintaining the same population 
of such species on the land or other geo-
graphical area as the population that 
would likely occur if such land or other 
geographical area is designated as critical 
habitat; and 
‘‘(v) to the maximum extent practicable, 
will minimize and mitigate the impacts of any 
activity that will likely result in an incidental 
taking of the species concerned.’’. 
SEC. 403. PRIVATE LAND. 
(a) IN GENERAL.—Except as provided in subsection 
(b), information regarding the occurrence of, including the 
specific location of, a species of fish or wildlife or plant 
on privately owned or controlled land may not be made 
available to the public under section 552 of title 5, United 
States Code. 
(b) EXCEPTION.— 
(1) IN
GENERAL.—The Secretary may make 
publicly available information described in subsection 
(a) upon receipt of a written request submitted by— 
(A)(i) a Federal agency; 
(ii) a State governmental agency; or 
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(iii) a bona fide educational or research in-
stitution; and 
(B) the private party concerned. 
(2) REQUIREMENTS.—A written request sub-
mitted under paragraph (1) shall— 
(A) describe the specific site or area for 
which information described in subsection (a) is 
sought; 
(B) explain the purpose for which such in-
formation is sought; and 
(C) include assurances sufficient to satisfy 
the Secretary that the confidentiality of such 
information will be protected. 
TITLE V—FOREST INFORMATION 
REFORM 
SEC. 501. NO ADDITIONAL CONSULTATION REQUIRED. 
(a) FOREST SERVICE PLANS.—Section 6(d)(2) of the 
Forest and Rangeland Renewable Resources Planning Act 
of 1974 (16 U.S.C. 1604(d)(2)) is amended to read as 
follows: 
‘‘(2) NO
ADDITIONAL
CONSULTATION
RE-
QUIRED
UNDER
CERTAIN
CIRCUMSTANCES.—Not-
withstanding any other provision of law, the Sec-
retary shall not be required to reinitiate consultation 
under section 7(a)(2) of the Endangered Species Act 
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of 1973 (16 U.S.C. 1536(a)(2)) or section 402.16 of 
title 50, Code of Federal Regulations (or a successor 
regulation), on a land management plan approved, 
amended, or revised under this section when a spe-
cies is listed, critical habitat is designated, or new 
information concerning a listed species or critical 
habitat becomes available.’’. 
(b) BUREAU OF LAND MANAGEMENT PLANS.—Sec-
tion 202 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1712) is amended by adding at the 
end the following: 
‘‘(g) NO ADDITIONAL CONSULTATION REQUIRED 
UNDER
CERTAIN
CIRCUMSTANCES.—Notwithstanding 
any other provision of law, the Secretary shall not be re-
quired to reinitiate consultation under section 7(a)(2) of 
the Endangered Species Act of 1973 (16 U.S.C. 
1536(a)(2)) or section 402.16 of title 50, Code of Federal 
Regulations (or a successor regulation), on a land use plan 
approved, amended, or revised under this section when a 
species is listed, critical habitat is designated, or new in-
formation concerning a listed species or critical habitat be-
comes available.’’. 
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TITLE 
VI—PROVIDING 
FOR 
GREATER INCENTIVES TO RE-
COVER LISTED SPECIES 
SEC. 601. PROTECTIVE REGULATIONS UNDER ENDAN-
GERED SPECIES ACT OF 1973. 
(a) AMENDMENT TO DEFINITION.—Section 3(3) of 
the Endangered Species Act of 1973 (16 U.S.C. 1532(3)) 
is amended by striking ‘‘and transplantation, and, in the 
extraordinary case where population pressures within a 
given ecosystem cannot be otherwise relieved, may in-
clude’’ and inserting ‘‘transplantation, and, at the discre-
tion of the Secretary,’’. 
(b) PROTECTIVE REGULATIONS.—Section 4 of the 
Endangered Species Act of 1973 (16 U.S.C. 1533) is 
amended— 
(1) in subsection (d), to read as follows: 
‘‘(d) PROTECTIVE REGULATIONS.— 
‘‘(1) IN GENERAL.—Whenever any species 
is listed as a threatened species pursuant to 
subsection (c), the Secretary shall issue such 
regulations as are necessary and advisable to 
provide for the conservation of that species. 
‘‘(2) RECOVERY GOALS.—If the Secretary 
issues a regulation under paragraph (1) that 
prohibits an act described in section 9(a), the 
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Secretary shall, with respect to the species that 
is the subject of such regulation— 
‘‘(A) establish objective, incremental 
recovery goals; 
‘‘(B) provide for the stringency of 
such regulation to decrease as such recov-
ery goals are met; and 
‘‘(C) provide for State management 
within such State, if such State is willing 
to take on such management, beginning on 
the date on which the Secretary determines 
all such recovery goals are met and, if such 
recovery goals remain met, continuing until 
such species is removed from the list of 
threatened species published pursuant to 
subsection (c). 
‘‘(3) COOPERATIVE AGREEMENT.—A regu-
lation issued under paragraph (1) that prohibits 
an act described in section 9(a)(1) with respect 
to a resident species shall apply with respect to 
a State that has entered into a cooperative 
agreement with the Secretary pursuant to sec-
tion 6(c) only to the extent that such regulation 
is adopted by such State. 
‘‘(4) STATE RECOVERY STRATEGY.— 
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‘‘(A) IN GENERAL.—A State may de-
velop a recovery strategy for a threatened 
species or a candidate species and submit 
to the Secretary a petition for the Sec-
retary to use such recovery strategy as the 
basis for any regulation issued under para-
graph (1) with respect to such species 
within such State. 
‘‘(B) APPROVAL OR DENIAL OF PETI-
TION.—Not later than 120 days after the 
date on which the Secretary receives a pe-
tition submitted under subparagraph (A), 
the Secretary shall— 
‘‘(i) approve such petition if the 
recovery strategy is reasonably certain 
to be implemented by the petitioning 
State and to be effective in conserving 
the species that is the subject of such 
recovery strategy; or 
‘‘(ii) deny such petition if the re-
quirements described in clause (i) are 
not met. 
‘‘(C) PUBLICATION.—Not later than 
30 days after the date on which the Sec-
retary approves or denies a petition under 
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subparagraph (B), the Secretary shall pub-
lish such approval or denial in the Federal 
Register. 
‘‘(D) DENIAL OF PETITION.— 
‘‘(i) WRITTEN EXPLANATION.—If 
the Secretary denies a petition under 
subparagraph (B), the Secretary shall 
include in such denial a written expla-
nation for such denial, including a de-
scription of the changes to such peti-
tion that are necessary for the Sec-
retary to approve such petition. 
‘‘(ii) RESUBMISSION OF DENIED 
PETITION.—A State may resubmit a 
petition that is denied under subpara-
graph (B). 
‘‘(E) USE
IN
PROTECTIVE
REGULA-
TIONS.—If the Secretary approves a peti-
tion under subparagraph (B), the Sec-
retary shall— 
‘‘(i) issue a regulation under 
paragraph (1) that adopts the recov-
ery strategy as such regulation with 
respect to the species that is the sub-
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ject of such recovery strategy within 
the petitioning State; and 
‘‘(ii) establish objective criteria to 
evaluate the effectiveness of such re-
covery strategy in conserving such 
species within such State. 
‘‘(F) REVISION.—If a recovery strat-
egy that is adopted as a regulation issued 
under paragraph (1) is determined by the 
Secretary to be ineffective in conserving 
the species that is the subject of such re-
covery strategy in accordance with the ob-
jective criteria established under subpara-
graph (E)(ii) for such recovery strategy, 
the Secretary shall revise such regulation 
and reissue such regulation in accordance 
with paragraph (1).’’; and 
(2) in subsection (f)(1)(B)— 
(A) in clause (ii), by striking ‘‘and’’ at the 
end; 
(B) in clause (iii), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(iv) with respect to an endangered spe-
cies, objective, incremental recovery goals in ac-
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cordance with subsection (d)(2)(A) for use 
under that subsection if such endangered spe-
cies is changed in status from an endangered 
species to a threatened species under subsection 
(c)(2)(B)(ii).’’. 
TITLE VII—RESCISSIONS AND 
REPEALS 
SEC. 701. RESCISSION OF FUNDS. 
(a) IN GENERAL.—Any unobligated covered funds 
are hereby rescinded. 
(b) COVERED FUNDS DEFINED.—In this section, the 
term ‘‘covered funds’’ means— 
(1) any funds appropriated or otherwise made 
available by sections 40002, 50232, 60401, and 
60402 of Public Law 117–169 (commonly known as 
the ‘‘Inflation Reduction Act’’); 
(2) $700,000,000 of the $2,600,000,000 appro-
priated to the National Oceanic and Atmospheric 
Administration in section 40001 of Public Law 117– 
169 (commonly known as the ‘‘Inflation Reduction 
Act’’); 
(3) $700,000,000 of the $3,200,000,000 appro-
priated to the ‘‘Bureau of Reclamation—Water and 
Related Resources’’ account in the Infrastructure 
Investment and Jobs Act (Public Law 117–58) for 
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transfer into the Aging Infrastructure Account es-
tablished by section 9603(d)(1) of the Omnibus Pub-
lic Land Management Act of 2009 (43 U.S.C. 
510b(d)(1)); and 
(4) $50,000,000 of the $250,000,000 appro-
priated to the ‘‘Bureau of Reclamation—Water and 
Related Resources’’ account in the Infrastructure 
Investment and Jobs Act (Public Law 117–58) for 
design, study, and construction of aquatic ecosystem 
restoration and protection projects in accordance 
with section 1109 of division FF of the Consolidated 
Appropriations Act, 2021 (Public Law 116–260). 
SEC. 702. REPEAL OF CERTAIN PROGRAMS. 
The following sections of division AA of the Consoli-
dated Appropriations Act, 2021 (Public Law 116–260) 
are repealed: 
(1) Section 507 (16 U.S.C. 4701 note). 
(2) Section 508 (16 U.S.C. 742b note). 
(3) Section 510 (16 U.S.C. 742b note). 
Æ 
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