I 
115TH CONGRESS 
2D SESSION 
H. R. 6344 
To amend the Endangered Species Act of 1973 to encourage voluntary 
conservation efforts. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 12, 2018 
Mr. TIPTON (for himself, Mr. GOSAR, Mr. MARSHALL, Mr. BIGGS, Mr. 
LUETKEMEYER, Mr. DUNCAN of South Carolina, Mr. BISHOP of Utah, 
Mr. ABRAHAM, Mr. NORMAN, Mr. BANKS of Indiana, Mr. STEWART, Mrs. 
NOEM, Mr. ESTES of Kansas, Mr. NEWHOUSE, Mr. SCHRADER, and Mr. 
WALDEN) introduced the following bill; which was referred to the Com-
mittee on Natural Resources 
A BILL 
To amend the Endangered Species Act of 1973 to encourage 
voluntary conservation efforts. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Land Ownership Col-
laboration Accelerates Life Act of 2018’’ or the ‘‘LOCAL 
Act of 2018’’. 
VerDate Sep 11 2014 
04:42 Jul 13, 2018
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6344.IH
H6344
dlhill on DSK3GLQ082PROD with BILLS
SEC. 2. REFERENCES. 
Except as otherwise specifically provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a provision, the ref-
erence shall be considered to be made to a provision of 
the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.). 
SEC. 3. THREATENED AND ENDANGERED SPECIES INCEN-
TIVES PROGRAM. 
Section 5 (16 U.S.C. 1534) is amended by adding 
at the end the following: 
‘‘(c) THREATENED AND ENDANGERED SPECIES IN-
CENTIVES PROGRAM.— 
‘‘(1) The Secretary may enter into species re-
covery agreements pursuant to paragraph (2) and 
species conservation contract agreements pursuant 
to paragraph (3) with persons, other than agencies 
or departments of the Federal Government or State 
governments, under which the Secretary is obligated, 
subject to the availability of appropriations, to make 
annual payments or provide other compensation to 
the persons to implement the agreements. 
‘‘(2)(A) The Secretary and persons who are 
property owners of private land or water may enter 
into species recovery agreements with a term of not 
less than 5 years that meet the criteria set forth in 
VerDate Sep 11 2014 
04:42 Jul 13, 2018
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6344.IH
H6344
dlhill on DSK3GLQ082PROD with BILLS
subparagraph (B) and are in accordance with the 
priority established in subparagraph (C). 
‘‘(B) A species recovery agreement entered into 
under this paragraph by the Secretary with a per-
son— 
‘‘(i) shall require that the person shall 
carry out, on the property owner’s land or 
water, activities that— 
‘‘(I) protect, enhance, or restore other 
areas to become habitat for species deter-
mined to be endangered species or threat-
ened species; 
‘‘(II) contribute to the recovery of one 
or more covered species; and 
‘‘(III) specify and implement a man-
agement plan for the covered species; 
‘‘(ii) shall specify such a management plan 
that includes— 
‘‘(I) identification of the covered spe-
cies; 
‘‘(II) a description of the land or 
water to which the agreement applies; and 
‘‘(III) a description of, and a schedule 
to carry out, the activities under clause (i); 
VerDate Sep 11 2014 
04:42 Jul 13, 2018
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6344.IH
H6344
dlhill on DSK3GLQ082PROD with BILLS
‘‘(iii) shall provide sufficient documenta-
tion to establish property ownership with re-
spect to which the agreement applies; 
‘‘(iv) shall include the amounts of the an-
nual payments or other compensation to be pro-
vided by the Secretary to the person under the 
agreement from funds appropriated under sec-
tion 18(a)(1), and the terms under which such 
payments or compensation shall be provided; 
and 
‘‘(v) shall include— 
‘‘(I) the duties of the person; 
‘‘(II) the duties of the Secretary; 
‘‘(III) the terms and conditions under 
which the person and the Secretary mutu-
ally agree the agreement may be modified 
or terminated; and 
‘‘(IV) acts or omissions by the person 
or the Secretary that shall be considered 
violations of the agreement, and proce-
dures under which notice of and an oppor-
tunity to remedy any violation by the per-
son or the Secretary shall be given. 
‘‘(C) In entering into species recovery agree-
ments under this paragraph, the Secretary shall ac-
VerDate Sep 11 2014 
22:26 Jul 13, 2018
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6344.IH
H6344
dlhill on DSK3GLQ082PROD with BILLS
cord priority to agreements based on the best avail-
able scientific data and that identify specific areas 
that are of special value to the recovery of the spe-
cies concerned. 
‘‘(3)(A) The Secretary and a property owner 
may enter into a species conservation contract agree-
ment with a term of 30 years, 20 years, or 10 years 
that meets the criteria set forth in subparagraph (B) 
and standards set forth in subparagraph (D) and is 
in accordance with the priorities established in sub-
paragraph (C). 
‘‘(B) A species conservation contract agreement 
entered into under this paragraph by the Secretary 
with a person— 
‘‘(i) shall provide that the person shall, on 
the property owner’s land or water— 
‘‘(I) carry out conservation practices 
to meet one or more of the goals set forth 
in clauses (i) through (iii) of subparagraph 
(C) for one or more species that are deter-
mined to be endangered species or threat-
ened species pursuant to section 4(a)(1), 
species determined to be candidate species 
pursuant to section 4(b)(3)(B)(iii), or spe-
VerDate Sep 11 2014 
04:42 Jul 13, 2018
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6344.IH
H6344
dlhill on DSK3GLQ082PROD with BILLS
cies subject to comparable designations 
under State law; and 
‘‘(II) specify and implement a man-
agement plan for the covered species; 
‘‘(ii) shall specify such a management plan 
that includes— 
‘‘(I) identification of the covered spe-
cies; 
‘‘(II) a description in detail of the 
conservation practices for the covered spe-
cies that the person shall undertake; 
‘‘(III) a description of the land or 
water to which the agreement applies; 
‘‘(IV) a schedule of approximate dead-
lines, whether one-time or periodic, for un-
dertaking the conservation practices de-
scribed pursuant to subclause (II); and 
‘‘(V) a description of existing or fu-
ture activities on the land or water to 
which the agreement applies that are com-
patible with the conservation practices de-
scribed pursuant to subclause (II) and gen-
erally with conservation of the covered spe-
cies; 
VerDate Sep 11 2014 
04:42 Jul 13, 2018
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6344.IH
H6344
dlhill on DSK3GLQ082PROD with BILLS
‘‘(iii) shall specify the term of the agree-
ment; and 
‘‘(iv) shall include— 
‘‘(I) the duties of the person; 
‘‘(II) the duties of the Secretary; 
‘‘(III) the terms and conditions under 
which the person and the Secretary mutu-
ally agree the agreement may be modified 
or terminated; 
‘‘(IV) acts or omissions by the person 
or the Secretary that shall be considered 
violations of the agreement, and proce-
dures under which notice of and an oppor-
tunity to remedy any violation by the per-
son or the Secretary shall be given; and 
‘‘(V) terms and conditions for early 
termination of the agreement by the per-
son before the management plan is fully 
implemented or termination of the agree-
ment by the Secretary in the case of a vio-
lation by the person that is not remedied 
under subclause (IV), including any re-
quirement for the person to refund all or 
part of any payments received under sub-
paragraph (E) and any interest thereon. 
VerDate Sep 11 2014 
04:42 Jul 13, 2018
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6344.IH
H6344
dlhill on DSK3GLQ082PROD with BILLS
‘‘(4)(A) Upon request of a person seeking to 
enter into an agreement pursuant to this subsection, 
the Secretary may provide to such person technical 
assistance in the preparation, and management 
training for the implementation, of the management 
plan for the agreement. 
‘‘(B) Any State agency, local government, non-
profit organization, or federally recognized Indian 
tribe may provide assistance to a person in the prep-
aration of a management plan, or participate in the 
implementation of a management plan, including 
identifying and making available certified fisheries 
or wildlife biologists with expertise in the conserva-
tion of species for purposes of the preparation or re-
view and approval of management plans for species 
conservation contract agreements. 
‘‘(5) Upon any conveyance or other transfer of 
interest in land or water that is subject to an agree-
ment under this subsection— 
‘‘(A) the agreement shall terminate if the 
agreement does not continue in effect under 
subparagraph (B); 
‘‘(B) the agreement shall continue in effect 
with respect to such land or water, with the 
same terms and conditions, if the person to 
VerDate Sep 11 2014 
04:42 Jul 13, 2018
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6344.IH
H6344
dlhill on DSK3GLQ082PROD with BILLS
whom the land, water, or interest is conveyed or 
otherwise transferred notifies the Secretary of 
the person’s election to continue the agreement 
by no later than 30 days after the date of the 
conveyance or other transfer and the person is 
determined by the Secretary to qualify to enter 
into such agreement under this subsection; or 
‘‘(C) the person to whom the land, water, 
or interest is conveyed or otherwise transferred 
may seek a new agreement under this sub-
section. 
‘‘(6) An agreement under this subsection may 
be renewed with the mutual consent of the Secretary 
and the person who entered into the agreement or 
to whom the agreement has been transferred under 
paragraph (5). 
‘‘(7) The Secretary shall make annual payments 
under this subsection as soon as possible after De-
cember 31 of each calendar year. 
‘‘(8) An agreement under this subsection that 
applies to a species shall be deemed to be a permit 
under section 10(a)(1) to conduct all recovery, con-
servation, and other activities that are specified in 
the management plan and to enhance the propaga-
tion or survival of such species. 
VerDate Sep 11 2014 
04:42 Jul 13, 2018
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6344.IH
H6344
dlhill on DSK3GLQ082PROD with BILLS
‘‘(9) The Secretary, or any other Federal offi-
cial, may not require a person to enter into an 
agreement under this subsection as a term or condi-
tion of any right, privilege, or benefit, or of any ac-
tion or refraining from any action, under this Act. 
‘‘(10) In this subsection the term ‘property 
owner’ means a person that holds a fee simple, 
leasehold, or other interest in property (including an 
owner of water or other natural resources), or any 
other person who holds a property interest, sufficient 
to carry out the proposed management activities, 
subject to applicable State law, on non-Federal 
land.’’. 
SEC. 4. HABITAT RESERVE AGREEMENTS. 
Section 10 (16 U.S.C. 1539) amended by adding at 
the end the following: 
‘‘(k) HABITAT RESERVE AGREEMENTS.— 
‘‘(1) PROGRAM.—The Secretary shall establish 
a habitat reserve program to be implemented 
through contracts or easements of a mutually agreed 
on duration to assist non-Federal property owners to 
preserve and manage suitable habitat for endangered 
species and threatened species. 
‘‘(2) AGREEMENTS.—The Secretary may enter 
into a habitat reserve agreement with a non-Federal 
VerDate Sep 11 2014 
04:42 Jul 13, 2018
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6344.IH
H6344
dlhill on DSK3GLQ082PROD with BILLS
property owner to protect, manage, or enhance suit-
able habitat on private property for the benefit of 
endangered species or threatened species. Under an 
agreement, the Secretary shall make payments in an 
agreed on amount to the property owner for carrying 
out the terms of the habitat reserve agreement, if 
the activities undertaken pursuant to the agreement 
are not otherwise required by this Act. 
‘‘(3) STANDARDS AND GUIDELINES.—The Sec-
retary shall issue standards and guidelines for the 
development and approval of habitat reserve agree-
ments in accordance with this subsection. Agree-
ments shall, at a minimum, specify the management 
measures, if any, that the property owner will imple-
ment for the benefit of endangered species or threat-
ened species, the conditions under which the prop-
erty may be used, the nature and schedule for any 
payments agreed on by the parties to the agreement, 
and the duration of the agreement. 
‘‘(4) PAYMENTS.—Any payment received by a 
property owner under a habitat reserve agreement 
shall be in addition to and shall not affect the total 
amount of payments that the property owner is oth-
erwise entitled to receive under Federal law. 
VerDate Sep 11 2014 
04:42 Jul 13, 2018
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6344.IH
H6344
dlhill on DSK3GLQ082PROD with BILLS
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary of the Interior $27,500,000 and the Secretary 
of Commerce $13,333,333 for each of fiscal years 
2019 through 2024 to assist non-Federal property 
owners to carry out the terms of habitat reserve pro-
grams under this subsection.’’. 
SEC. 5. PRIVATE PARTY CONSERVATION GRANTS. 
(a) IN GENERAL.—Section 13 (consisting of amend-
ments to other laws, which have executed) is amended to 
read as follows: 
‘‘PRIVATE PROPERTY CONSERVATION 
‘‘SEC. 13. (a) IN GENERAL.—The Secretary may pro-
vide conservation grants (in this section referred to as 
‘grants’) to promote the voluntary conservation of endan-
gered species and threatened species by owners of private 
property and shall provide financial conservation aid (in 
this section referred to as ‘aid’) to alleviate the burden 
of conservation measures imposed upon private property 
owners by this Act. The Secretary may provide technical 
assistance when requested to enhance the conservation ef-
fects of grants or aid. 
‘‘(b) AWARDING OF GRANTS AND AID.—Grants to 
promote conservation of endangered species and threat-
ened species on private property— 
VerDate Sep 11 2014 
04:42 Jul 13, 2018
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H6344.IH
H6344
dlhill on DSK3GLQ082PROD with BILLS
‘‘(1) may not be used to fund litigation, general 
education, general outreach, lobbying, or solicitation; 
‘‘(2) may not be used to acquire leases or ease-
ments of more than 50 years duration or fee title to 
private property; 
‘‘(3) must be designed to directly contribute to 
the conservation of an endangered species or threat-
ened species by increasing the species’ numbers or 
distribution; and 
‘‘(4) must be supported by any private property 
owners on whose property any grant funded activi-
ties are carried out. 
‘‘(c) PRIORITY.—Priority shall be accorded among 
grant requests in the following order: 
‘‘(1) Grants that promote conservation of en-
dangered species or threatened species on private 
property while making economically beneficial and 
productive use of the private property on which the 
conservation activities are conducted. 
‘‘(2) Grants that develop, promote, or use tech-
niques to increase the distribution or population of 
an endangered species or threatened species on pri-
vate property. 
VerDate Sep 11 2014 
04:42 Jul 13, 2018
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H6344.IH
H6344
dlhill on DSK3GLQ082PROD with BILLS
onstrated that the property owner has the means to 
undertake the proposed use. 
‘‘(e) DISTRIBUTION OF GRANTS AND AID.—(1) The 
Secretary shall pay eligible aid— 
‘‘(A) within 270 days after receipt of a request 
for aid unless there are unresolved questions regard-
ing the fair market value; or 
‘‘(B) at the resolution of any questions con-
cerning the fair market value established under sub-
section (g). 
‘‘(2) All grants provided under this section shall be 
paid on the last day of the fiscal year. Aid shall be paid 
based on the date of the initial request. 
‘‘(f) DOCUMENTATION OF THE FOREGONE USE.— 
Within 30 days after the request for aid, the Secretary 
shall enter into negotiations with the property owner re-
garding the documentation of the foregone proposed use 
through such mechanisms that would benefit the species 
such as contract terms, lease terms, deed restrictions, 
easement terms, or transfer of title. If the Secretary and 
the property owner are unable to reach an agreement, 
then, within 60 days after the request for aid, the Sec-
retary shall determine how the property owner’s foregone 
use shall be documented to benefit the species with the 
least impact on the ownership interests of the property 
VerDate Sep 11 2014 
04:42 Jul 13, 2018
Jkt 079200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H6344.IH
H6344
dlhill on DSK3GLQ082PROD with BILLS
owner necessary to document the foregone use, which shall 
not include transfer of title. 
‘‘(g) FAIR MARKET VALUE.—For purposes of this 
section, the fair market value of the foregone use of the 
affected portion of the private property, including business 
losses, is what a willing buyer would pay to a willing seller 
in an open market. Fair market value shall take into ac-
count the likelihood that the foregone use would be ap-
proved under State and local law. The fair market value 
shall be determined within 180 days after the documenta-
tion of the foregone use. The fair market value shall be 
determined jointly by 2 licensed independent appraisers, 
one selected by the Secretary and one selected by the prop-
erty owner. If the 2 appraisers fail to agree on fair market 
value, the Secretary and the property owner shall jointly 
select a third licensed appraiser whose appraisal within an 
additional 90 days shall be the best and final offer by the 
Secretary. Within one year after the date of enactment 
of this subsection, the Secretary shall promulgate regula-
tions regarding selection of the jointly selected appraisers 
under this subsection. 
‘‘(h) LIMITATION ON AID AVAILABILITY.—Any per-
son receiving aid under this section may not receive addi-
tional aid under this section for essentially the same fore-
VerDate Sep 11 2014 
04:42 Jul 13, 2018
Jkt 079200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H6344.IH
H6344
dlhill on DSK3GLQ082PROD with BILLS
gone use of the same property and for the same period 
of time. 
‘‘(i) ANNUAL REPORTING.—The Secretary shall by 
January 15 of each year provide a report of all aid and 
grants awarded under this section to the Committee on 
Natural Resources of the House of Representatives and 
the Environment and Public Works Committee of the Sen-
ate and make such report electronically available to the 
general public on the internet.’’. 
(b) WRITTEN DETERMINATION OF COMPLIANCE.— 
Section 10 (16 U.S.C. 1539) (as amended by section 4) 
is further amended by adding at the end the following: 
‘‘(l) WRITTEN DETERMINATION OF COMPLIANCE.— 
‘‘(1) A property owner (in this subsection re-
ferred to as a ‘requestor’) may request the Secretary 
to make a written determination that a proposed use 
of the owner’s property that is lawful under State 
and local law will comply with section 9(a), by sub-
mitting a written description of the proposed action 
to the Secretary by certified mail. 
‘‘(2) A written description of a proposed use is 
deemed to be sufficient for consideration by the Sec-
retary under paragraph (1) if the description in-
cludes— 
VerDate Sep 11 2014 
04:42 Jul 13, 2018
Jkt 079200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H6344.IH
H6344
dlhill on DSK3GLQ082PROD with BILLS
‘‘(A) the nature, the specific location, the 
lawfulness under State and local law, and the 
anticipated schedule and duration of the pro-
posed use, and a demonstration that the prop-
erty owner has the means to undertake the pro-
posed use; and 
‘‘(B) any anticipated adverse impact to a 
species that is included on a list published 
under 4(c)(1) that the requestor reasonably ex-
pects to occur as a result of the proposed use. 
‘‘(3) The Secretary may request and the re-
questor may supply any other information that ei-
ther believes will assist the Secretary to make a de-
termination under paragraph (1). 
‘‘(4) If the Secretary does not make a deter-
mination pursuant to a request under this sub-
section because of the omission from the request of 
any information described in paragraph (2), the re-
questor may submit a subsequent request under this 
subsection for the same proposed use. 
‘‘(5)(A) Subject to subparagraph (B), the Sec-
retary shall provide to the requestor a written deter-
mination of whether the proposed use, as proposed 
by the requestor, will comply with section 9(a), by 
VerDate Sep 11 2014 
04:42 Jul 13, 2018
Jkt 079200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H6344.IH
H6344
dlhill on DSK3GLQ082PROD with BILLS
not later than expiration of the 180-day period be-
ginning on the date of the submission of the request. 
‘‘(B) The Secretary may request, and the re-
questor may grant, a written extension of the period 
under subparagraph (A). 
‘‘(C) The Secretary may extend the period that 
applies under paragraph (5) by up to 180 days if— 
‘‘(i) the Secretary, after consideration of 
the best available science, demonstrates that 
seasonal or biological considerations preclude a 
determination within the period that would oth-
erwise apply; and 
‘‘(ii) the requestor consents to such exten-
sion. 
‘‘(6) If the Secretary fails to provide a written 
determination before the expiration of the period 
under paragraph (5)(A) (or any extension thereof 
under paragraph (5)(B)), the Secretary is deemed to 
have determined that the proposed use complies with 
section 9(a). 
‘‘(7) This subsection shall not apply with re-
spect to agency actions that are subject to consulta-
tion under section 7. 
‘‘(8) Any use or action taken by the property 
owner in reasonable reliance on a written determina-
VerDate Sep 11 2014 
04:42 Jul 13, 2018
Jkt 079200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H6344.IH
H6344
dlhill on DSK3GLQ082PROD with BILLS
tion of compliance under paragraph (5) or on the 
application of paragraph (6) shall not be treated as 
a violation of section 9(a). 
‘‘(9) Any determination of compliance under 
this subsection shall remain effective— 
‘‘(A) in the case of a written determination 
provided under paragraph (5)(A), for the 10- 
year period beginning on the date the written 
determination is provided; or 
‘‘(B) in the case of a determination that 
under paragraph (6) the Secretary is deemed to 
have made, the 5-year period beginning on the 
first date the Secretary is deemed to have made 
the determination. 
‘‘(10) The Secretary may withdraw a deter-
mination of compliance under this section only if the 
Secretary determines that, because of unforeseen 
changed circumstances, the continuation of the use 
to which the determination applies would preclude 
conservation measures essential to the survival of 
any endangered species or threatened species. Such 
a withdrawal shall take effect 5 days after the date 
the requestor receives from the Secretary, by cer-
tified mail, notice of the withdrawal.’’. 
VerDate Sep 11 2014 
04:42 Jul 13, 2018
Jkt 079200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H6344.IH
H6344
dlhill on DSK3GLQ082PROD with BILLS