‘‘(i) a final regulation to implement such a de-
termination of whether a species is an endangered 
species or a threatened species; 
‘‘(ii) notice that such one-year period is being 
extended under subparagraph (B)(i); or 
‘‘(iii) notice that the proposed regulation is being 
withdrawn under subparagraph (B)(ii), together with 
the finding on which such withdrawal is based.’’; 
(B) in subparagraph (B)(i) by striking 
‘‘subparagraph (A)(i)’’ and inserting ‘‘subpara-
graph (A)’’; 
(C) in subparagraph (B)(ii) by striking 
‘‘subparagraph (A)(i)’’ and inserting ‘‘subpara-
graph (A)’’; and 
(D) by striking subparagraph (C). 
(3) EMERGENCY DETERMINATIONS.—Paragraph 
(6) of section 4(b) (16 U.S.C. 1533(b)), as redesig-
nated by section 5(b)(2) of this Act, is further amend-
ed— 
(A) in the matter preceding subparagraph 
(A), by inserting ‘‘with respect to a determina-
tion of a species to be an endangered species or 
a threatened species’’ after ‘‘any regulation’’; and
(B) in subparagraph (B), by striking ‘‘the 
State agency in’’ and inserting ‘‘the Governor of, 
and State agency in,’’. 
SEC. 7. REVIEWS OF LISTINGS AND DETERMINATIONS. 
Section 4(c) (16 U.S.C. 1533(c)) is amended by insert-
ing at the end the following: 
‘‘(3) Each determination under paragraph (2)(B) shall 
consider one of the following: 
‘‘(A) Except as provided in subparagraph (B) of 
this paragraph, the criteria in the recovery plan for 
the species required by section 5(c)(1)(A) or (B). 
‘‘(B) If the recovery plan is issued before the cri-
teria required under section 5(c)(1)(A) and (B) are 
established or if no recovery plan exists for the spe-
cies, the factors for determination that a species is an 
endangered species or a threatened species set forth in 
subsections (a)(1) and (b)(1). 
‘‘(C) A finding of fundamental error in the de-
termination that the species is an endangered species, 
a threatened species, or extinct. 
‘‘(D) A determination that the species is no 
longer an endangered species or threatened species or 
in danger of extinction, based on an analysis of the 
factors that are the basis for listing under section 
4(a)(1).’’.
SEC. 8. SECRETARIAL GUIDELINES; STATE COMMENTS. 
Section 4 (16 U.S.C. 1533) is amended— 
(1) by striking subsections (f) and (g) and redes-
ignating subsections (h) and (i) as subsections (f) and 
(g), respectively; 
(2) in subsection (f), as redesignated by para-
graph (1) of this subsection— 
(A) in the heading by striking ‘‘AGENCY’’ 
and inserting ‘‘SECRETARIAL’’; 
(B) in the matter preceding paragraph (1), 
by striking ‘‘the purposes of this section are 
achieved’’ and inserting ‘‘this section is imple-
mented’’; 
(C) by redesignating paragraph (4) as 
paragraph (5); 
(D) in paragraph (3) by striking ‘‘and’’ 
after the semicolon at the end, and by inserting 
after paragraph (3) the following: 
‘‘(4) the criteria for determining best available 
scientific data pursuant to section 3(2); and’’; and 
(E) in paragraph (5), as redesignated by 
subparagraph (C) of this paragraph, by striking 
‘‘subsection (f) of this section’’ and inserting 
‘‘section 5’’; and 
(3) in subsection (g), as redesignated by para-
graph (1) of this section—
(A) by inserting ‘‘COMMENTS.—’’ before the 
first sentence; 
(B) by striking ‘‘a State agency’’ the first 
place it appears and inserting ‘‘a Governor, 
State agency, county (or equivalent jurisdiction), 
or unit of local government’’; 
(C) by striking ‘‘a State agency’’ the second 
place it appears and inserting ‘‘a Governor, 
State agency, county (or equivalent jurisdiction), 
or unit of local government’’; 
(D) by striking ‘‘the State agency’’ and in-
serting ‘‘the Governor, State agency, county (or 
equivalent jurisdiction), or unit of local govern-
ment, respectively’’; and 
(E) by striking ‘‘agency’s’’. 
SEC. 9. RECOVERY PLANS AND LAND ACQUISITIONS. 
(a) IN GENERAL.—Section 5 (16 U.S.C. 1534) is 
amended— 
(1) by redesignating subsections (a) and (b) as 
subsections (k) and (l), respectively; 
(2) in subsection (l), as redesignated by para-
graph (1) of this section, by striking ‘‘subsection (a) 
of this section’’ and inserting ‘‘subsection (k)’’; and