I 
109TH CONGRESS 
1ST SESSION H. R. 3300 
To amend the Endangered Species Act of 1973 to authorize species recovery 
agreements under which the Federal Government is obligated to make 
annual payments or provide other compensation for activities that im-
prove the recovery of one or more species listed under that Act, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 14, 2005 
Mr. GRAVES (for himself, Mr. TERRY, and Mr. MCCAUL of Texas) introduced 
the following bill; which was referred to the Committee on Resources 
A BILL 
To amend the Endangered Species Act of 1973 to authorize 
species recovery agreements under which the Federal 
Government is obligated to make annual payments or 
provide other compensation for activities that improve 
the recovery of one or more species listed under that 
Act, and for other purposes. 
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 ‘‘Endangered Species 
Improvements Act of 2005’’.
SEC. 2. COOPERATION PROGRAM. 
(a) AGREEMENTS AUTHORIZED.—Section 13 of the 
Endangered Species Act of 1973 (consisting of amend-
ments to other laws, which have executed) is amended to 
read as follows: 
‘‘SPECIES RECOVERY AGREEMENTS 
‘‘SEC. 13. (a) AGREEMENTS AUTHORIZED.—The 
Secretary may enter into a species recovery agreement 
with a person, other than an agency or department of a 
Federal or State government, under which the Secretary 
is obligated, subject to the availability of appropriations, 
to make annual payments or provide other compensation 
to the person to implement the agreement. 
‘‘(b) TERMS OF AGREEMENT.—A species recovery 
agreement entered into under this section by the Secretary 
with a person— 
‘‘(1) shall require that the person shall carry 
out, on land owned or controlled by the person, ac-
tivities that— 
‘‘(A) protect and restore habitat for species 
included in a list published under section 4(c), 
or that are candidates for such inclusion, in a 
manner that is integrated with existing oper-
ations on and use of such land;
‘‘(B) contribute to the recovery of one or 
more species included in a list published under 
section 4(c); and 
‘‘(C) implement a management plan for 
such species; 
‘‘(2) shall specify such management plan; 
‘‘(3) shall include the compensation to be pro-
vided by the Secretary to the person under the 
agreement, and the terms under which such com-
pensation shall be provided; 
‘‘(4) require the Secretary to provide upon re-
quest technical assistance and management training 
to assist the owner or operator of the land that is 
subject to the agreement in carrying out the agree-
ment; and 
‘‘(5) shall include— 
‘‘(A) the duties of the person; 
‘‘(B) the duties of Secretary; 
‘‘(C) the terms and conditions under which 
the person and the Secretary mutually agree 
such agreement may be modified or terminated; 
and 
‘‘(D) acts or omissions by the person or 
the Secretary that shall be considered violations 
of the agreement, and procedures under which
notice and an opportunity to remedy any viola-
tion by the person shall be given. 
‘‘(c) TRANSFER OF PROPERTY.—Upon any convey-
ance or other transfer of interest in land that is subject 
to an agreement under this section— 
‘‘(1) the agreement shall continue in effect with 
respect to such land, with the same terms and condi-
tions, if the person to whom the land or interest is 
conveyed or otherwise transferred notifies the Sec-
retary of the person’s election to continue the agree-
ment by not later than 30 days after the date of the 
conveyance or other transfer; 
‘‘(2) the agreement shall terminate if the agree-
ment does not continue in effect under paragraph 
(1); and 
‘‘(3) the person to whom the land or interest is 
conveyed or otherwise transferred may seek a new 
agreement under this section. 
‘‘(d) MODEL FORM OF AGREEMENT.—Not later than 
1 year after the date of the enactment of the Endangered 
Species Improvements Act of 2005, the Secretary shall 
issue regulations that— 
‘‘(1) establish a model form of agreement that 
a person may enter into with the Secretary under 
this section; and