‘‘(II) in the case of a 20-year agreement, an an-
nual contract payment in an amount equal to 80 per-
cent of the person’s actual costs to implement the con-
servation practices described in the management plan 
under the terms of the agreement; and 
‘‘(III) in the case of a 10-year agreement, an an-
nual contract payment in an amount equal to 60 per-
cent of the person’s actual costs to implement the con-
servation practices described in the management plan 
under the terms of the agreement. 
‘‘(iii)(I) If the person receiving contract payments 
pursuant to clause (ii) receives any other State or Federal 
funds to defray the cost of any conservation practice, the 
cost of such practice shall not be eligible for such contract 
payments. 
‘‘(II) Contributions of agencies or organizations to any 
conservation practice other than the funds described in sub-
clause (I) shall not be considered as costs of the person for 
purposes of the contract payments pursuant to clause (iii). 
‘‘(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 prep-
aration, and management training for the implementation, 
of the management plan for the agreement.
‘‘(B) Any State agency, local government, nonprofit 
organization, or federally recognized Indian tribe may pro-
vide assistance to a person in the preparation of a manage-
ment plan, or participate in the implementation of a man-
agement plan, including identifying and making available 
certified fisheries or wildlife biologists with expertise in the 
conservation of species for purposes of the preparation or 
review and approval of management plans for species con-
servation contract agreements under paragraph (3)(D)(iii). 
‘‘(5) Upon any conveyance or other transfer of interest 
in land that is subject to an agreement under this sub-
section— 
‘‘(A) the agreement shall terminate if the agree-
ment does not continue in effect under subparagraph 
(B); 
‘‘(B) 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 no later than 30 days after the date of the 
conveyance or other transfer and the person is deter-
mined by the Secretary to qualify to enter into an 
agreement under this subsection; or
‘‘(C) the person to whom the land or interest is 
conveyed or otherwise transferred may seek a new 
agreement under this subsection. 
‘‘(6) An agreement under this subsection may be re-
newed 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 December 31 of each 
calendar year. 
‘‘(8) An agreement under this subsection that applies 
to an endangered species or threatened species shall, for the 
purpose of section 10(a)(4), be deemed to be a permit to 
enhance the propagation or survival of such species under 
section 10(a)(1), and a person in full compliance with the 
agreement shall be afforded the protection of section 
10(a)(4). 
‘‘(9) The Secretary, or any other Federal official, may 
not require a person to enter into an agreement under this 
subsection as a term or condition of any right, privilege, 
or benefit, or of any action or refraining from any action, 
under this Act.’’. 
(2) Subsection (e)(2) of section 7 (16 U.S.C. 
1536) (as redesignated by section 11(d)(2) of this Act)
is amended by inserting ‘‘or in an agreement under 
section 5(m)’’ after ‘‘section’’. 
(d) CONFORMING AMENDMENTS.— 
(1) Section 6(d)(1) (16 U.S.C. 1535(d)(1)) is 
amended by striking ‘‘section 4(g)’’ and inserting 
‘‘section 5(j)’’. 
(2) The Marine Mammal Protection Act of 1972 
is amended— 
(A) in section 104(c)(4)(A)(ii) (16 U.S.C. 
1374(c)(4)(A)(ii)) by striking ‘‘section 4(f)’’ and 
inserting ‘‘section 5’’; and 
(B) 
in 
section 
115(b)(2) 
(16 
U.S.C. 
1383b(b)(2)) by striking ‘‘section 4(f) of the En-
dangered Species Act of 1973 (16 U.S.C. 
1533(f))’’ and inserting ‘‘section 5 of the Endan-
gered Species Act of 1973’’. 
SEC. 10. COOPERATION WITH STATES AND INDIAN TRIBES. 
Section 6 (16 U.S.C. 1535) is further amended— 
(1) in subsection (c), by adding at the end the 
following: 
‘‘(3)(A) Any cooperative agreement entered into by the 
Secretary under this subsection may also provide for devel-
opment of a program for conservation of species determined 
to be candidate species pursuant to section 4(b)(3)(B)(iii) 
or any other species that the State and the Secretary agree