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HR 2419 EAS
‘‘(I) $290,000,000 with respect to
qualified perpetual habitat protection
agreements,
‘‘(II) $55,000,000 with respect to
qualified 30-year habitat protection
agreements, and
‘‘(III) $35,000,000 with respect to
qualified 
habitat 
protection 
agree-
ments, and
‘‘(B) except as provided in paragraph (3),
zero thereafter.
‘‘(2) ALLOCATION OF LIMITATION.—
‘‘(A) ALLOCATIONS IN COORDINATION WITH
THE SECRETARY OF AGRICULTURE.—The limita-
tions described in paragraph (1)(A)(i) shall be
allocated to eligible taxpayers by the Secretary
in consultation with the Secretary of Agri-
culture.
‘‘(B) OTHER ALLOCATIONS.—
‘‘(i) IN GENERAL.—The limitations de-
scribed in paragraph (1)(A)(ii) shall be al-
located to eligible taxpayers in consultation
with the Secretary of the Interior and the
Secretary of Commerce.
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‘‘(ii) ESTABLISHMENT OF ALLOCATION
PROGRAM.—Not later than 180 days after
the date of the enactment of this Act, the
Secretary, in consultation with the Sec-
retary of the Interior and the Secretary of
Commerce, shall, by regulation, establish a
program to process applications from eligi-
ble taxpayers and to determine how to best
allocate the credit limitations under clause
(i) taking into account the considerations
described in clause (iii).
‘‘(iii) CONSIDERATIONS.—In accepting
applications to make allocations to eligible
taxpayers under this section, priority shall
be given to taxpayers with agreements—
‘‘(I) relating to habitats that will
significantly increase the likelihood of
recovering and delisting a species as
an endangered species or a threatened
species (as defined under section 2 of
the Endangered Species Act of 1973),
‘‘(II) that are cost-effective and
maximize the benefits to a qualified
species per dollar expended,
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‘‘(III) relating to habitats of spe-
cies which have a federally approved
recovery plan pursuant to section 4 of
the Endangered Species Act of 1973,
‘‘(IV) relating to habitats with the
potential to contribute significantly to
the improvement of the status of a
qualified species,
‘‘(V) relating to habitats with the
potential to contribute significantly to
the eradication or control of invasive
species that are imperiling a qualified
species,
‘‘(VI) with habitat management
plans that will manage multiple quali-
fied species,
‘‘(VII) with habitat management
plans that will create adjacent or prox-
imate habitat for the recovery of a
qualified species,
‘‘(VIII) relating to habitats for
qualified species with an urgent need
for protection,
‘‘(IX) with habitat management
plans that assist in preventing the list-
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HR 2419 EAS
ing of a species as endangered or
threatened under the Endangered Spe-
cies Act of 1973 or a similar State
law,
‘‘(X) with habitat management
plans that may resolve conflicts be-
tween the protection of qualified species
and otherwise lawful human activities,
and
‘‘(XI) with habitat management
plans that may resolve conflicts be-
tween the protection of a qualified spe-
cies and military training or other
military operations.
‘‘(3) CARRYOVER
OF
UNUSED
LIMITATION.—If
for any calendar year any of the limitations under
paragraph (1) (after the application of this para-
graph) exceeds the amount allocated to eligible tax-
payers for such calendar year, such limitation
amount for the following calendar year shall be in-
creased by the amount of such excess.
‘‘(g) OTHER DEFINITIONS AND SPECIAL RULES.—
‘‘(1) APPROPRIATE SECRETARY.—The term ‘ap-
propriate Secretary’ has the meaning given to the
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term ‘Secretary’ under section 3(15) of the Endan-
gered Species Act of 1973.
‘‘(2) HABITAT
MANAGEMENT
PLAN.—The term
‘habitat management plan’ means, with respect to
any habitat, a plan which—
‘‘(A) identifies one or more qualified species
to which the plan applies,
‘‘(B) is designed to—
‘‘(i) restore or enhance the habitat of
the qualified species, or
‘‘(ii) reduce threats to the qualified
species through the management of the habi-
tat,
‘‘(C) describes the current condition of the
habitat to be restored or enhanced,
‘‘(D) describes the threats to the qualified
species that are intended to be reduced through
the plan,
‘‘(E) describes the management practices to
be undertaken by the taxpayer,
‘‘(F) provides a schedule of deadlines for
undertaking such management practices and the
expected responses of the habitat and the species,