instruction:
In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
question:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Scientifically Identifying the Need
for Critical Habitat Act''.

SEC. 2. DISCRETIONARY AUTHORITY TO DESIGNATE CRITICAL HABITAT.

Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C.
1533(a)(3)(A)) is amended to read as follows:
''(A) may designate any habitat of a species that is
determined under paragraph (1) to be an endangered species or
threatened species as critical habitat of such species; and ''.

SEC. 3. SOUND SCIENCE.

(a) Best Scientific and Commercial Data Available.--
(1) In general.--Section 3 of the Endangered Species Act of
1973 (16 U.S.C. 1532) is amended--
(A) by amending the section heading to read as
follows:

''SEC. 3. DEFINITIONS AND GENERAL PROVISIONS. '';

(B) by striking ''For the purposes of this Act--''
and inserting the following:
''(a) Definitions.--In this Act:''; and
(C) by adding at the end the following:
''(b) Use of Certain Data.--In any case in which the Secretary is
required by this Act to use the best scientific and commercial data
available, the Secretary, in evaluating comparable data, shall give
greater weight to scientific or commercial data that is empirical or
has been field-tested or peer-reviewed.''.
(2) Conforming amendment.--The table of contents in the
first section of the Endangered Species Act of 1973 (16 U.S.C.
prec. 1531) is amended by striking the item relating to section
3 and inserting the following:

''Sec. 3. Definitions and general provisions.''.
(b) Use of Sound Science in Listing.--Section 4(b) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding
at the end the following:
''(9) Establishment of criteria for scientific studies to
support listing.--Not later than 1 year after the date of
enactment of this paragraph, the Secretary shall promulgate
regulations that establish criteria that must be met for
scientific and commercial data to be used as the basis of a
determination under this section that a species is an
endangered species or a threatened species.
''(10) Field data.--
''(A) Requirement.--The Secretary may not determine
that a species is an endangered species or a threatened
species unless the determination is supported by data
obtained by observation of the species in the field.
''(B) Data from landowners.--The Secretary shall--
''(i) accept and acknowledge receipt of
data regarding the status of a species that is
collected by an owner of land through
observation of the species on the land; and
''(ii) include the data in the rulemaking
record compiled for any determination that the
species is an endangered species or a
threatened species.''.
(c) Use of Sound Science in Recovery Planning.--Section 4(f) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding
at the end the following:
''(6)(A) The Secretary shall identify and publish in the Federal
Register with the notice of a proposed regulation pursuant to paragraph
(5)(A)(i) a description of additional scientific and commercial data
that would assist in the preparation of a recovery plan and--
''(i) invite any person to submit the data to the
Secretary; and
''(ii) describe the steps that the Secretary plans to take
for acquiring additional data.
''(B) Data identified and obtained under subparagraph (A)(i) shall
be considered by the recovery team and the Secretary in the preparation
of the recovery plan in accordance with section 5.''.

SEC. 4. PEER REVIEW.

Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is
amended by adding at the end the following:
''(j) Independent Scientific Review Requirements.--
''(1) Definitions.--In this subsection:
''(A) Action.--The term 'action' means--
''(i) the determination that a species is
an endangered species or a threatened species
under subsection (a);
''(ii) the determination under subsection
(a) that an endangered species or a threatened
species be removed from any list published
under subsection (c)(1);
''(iii) the development of a recovery plan
for a threatened species or endangered species
under subsection (f); and
''(iv) the determination that a proposed
action is likely to jeopardize the continued
existence of a listed species and the proposal
of any reasonable and prudent alternatives by
the Secretary under section 7(b)(3).
''(B) Qualified individual.--The term 'qualified
individual' means an individual with expertise in the
biological sciences--
''(i) who through publication of peer-
reviewed scientific literature or other means,
has demonstrated scientific expertise on the
species or a similar species or other
scientific expertise relevant to the decision
of the Secretary under subsection (a) or (f);
''(ii) who does not have, or represent any
person with, a conflict of interest with
respect to the determination that is the
subject of the review;
''(iii) who is not a participant in any
petition or proposed or final determination
before the Secretary; and
''(iv) who has no direct financial
interest, and is not employed by any person
with a direct financial interest, in opposing
the action under consideration.
''(2) List of independent scientific reviewers.--The
Secretary shall solicit recommendations from the National
Academy of Sciences and develop and maintain a list of
qualified reviewers to participate in independent scientific
review actions.
''(3) Appointment of independent scientific reviewers.--(A)
Before any action shall become final, the Secretary shall
appoint randomly, from among the list prepared in accordance
with this section, 3 qualified individuals who shall review and
report to the Secretary on the scientific information and
analyses on which the proposed action is based.
''(B) The selection and activities of the referees selected
pursuant to this section shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
''(C) Reviewers shall be compensated for conducting the
independent review.
''(4) Opinion of peer reviewers.--Independent reviewers
shall provide the Secretary, within 3 months, their opinion
regarding all relevant scientific information and assumptions
relating to the taxonomy, population models, and supportive
biological and ecological information for the species in
question.
''(5) Final determination.--If the referees have made a
recommendation on a proposed action, the Secretary shall
evaluate and consider the information that results from the
independent scientific review and include in the final
determination--
''(A) a summary of the results of the independent
scientific review; and
''(B) in a case in which the recommendation of a
majority of the referees who conducted the independent
scientific review is not followed, an explanation as to
why the recommendation was not followed.
''(6) Public notice.--The report of the peer reviewers
shall be included in the official record of the proposed action
and shall be available for public review prior to the close of
the comment period on the proposed action.''.

SEC. 5. IMPROVED RECOVERY PLANNING.

(a) Use of Information Provided by States.--Section 7(b)(1) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by
adding at the end the following:
''(C) Use of state information.--In conducting a
consultation under subsection (a)(2), the Secretary
shall actively solicit and consider information from
the State agency in each affected State.''.
(b) Opportunity to Participate in Consultations.--Section 7(b)(1)
of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as
amended by subsection (a)) is further amended by adding at the end the
following:
''(D) Opportunity to participate in
consultations.--
''(i) In general.--In conducting a
consultation under subsection (a)(2), the
Secretary shall provide any person who has
sought authorization or funding from a Federal
agency for an action that is the subject of the
consultation, the opportunity to--
''(I) before the development of a
draft biological opinion, submit and
discuss with the Secretary and the
Federal agency information relevant to
the effect of the proposed action on
the species and the availability of
reasonable and prudent alternatives (if
a jeopardy opinion is to be issued)
that the Federal agency and the person
can take to avoid violation of
subsection (a)(2);
''(II) receive information, on
request, subject to the exemptions
specified in section 552(b) of title 5,
United States Code, on the status of
the species, threats to the species,
and conservation measures, used by the
Secretary to develop the draft
biological opinion and the final
biological opinion, including the
associated incidental taking
statements; and
''(III) receive a copy of the draft
biological opinion from the Federal
agency and, before issuance of the
final biological opinion, submit
comments on the draft biological
opinion and discuss with the Secretary
and the Federal agency the basis for
any finding in the draft biological
opinion.
''(ii) Explanation.--If reasonable and
prudent alternatives are proposed by a person
under clause (i) and the Secretary does not
include the alternatives in the final
biological opinion, the Secretary shall explain
to the person why those alternatives were not
included in the opinion.
''(iii) Public access to information.--
Comments and other information submitted to, or
received from, any person (pursuant to clause
(i)) who seeks authorization or funding for an
action shall be maintained in a file for that
action by the Secretary and shall be made
available to the public (subject to the
exemptions specified in section 552(b) of title
5, United States Code).''.
answer:
Scientifically Identifying the Need for Critical Habitat Act - Amends the Endangered Species Act of 1973 to change from mandatory to discretionary the authority of the Secretary of the Interior to designate critical habitat of an endangered or threatened species.

Directs the Secretary, when required by the Act to use the best scientific and commercial data available, in evaluating comparable data to give greater weight to such data that is empirical or has been field-tested or peer-reviewed.

Specifies requirements for the use of sound science in the listing of endangered or threatened species such as: (1) the establishment of criteria for scientific studies to support the listing; (2) use of data obtained by observation of the species in the field; and (3) use of data from landowners who have observed such species on their land. Requires the use of sound science in the preparation of a recovery plan for an endangered or threatened species.

Sets forth requirements for: (1) peer review before certain action can become final with respect to endangered or threatened species; and (2) use of information provided by States affected by such species or their habitat for recovery plans.

question:
SECTION 1. SHORT TITLE; AMENDMENT REFERENCES.

(a) Short Title.--This Act may be cited as the ''National Fish and
Wildlife Foundation Establishment Act Amendments of 1998''.
(b) Amendment of National Fish and Wildlife Foundation
Establishment Act.--Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the National
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et
seq.).

SEC. 2. MEMBERSHIP OF BOARD OF DIRECTORS OF THE FOUNDATION.

(a) Amendments.--Section 3 (16 U.S.C. 3702) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ''15'' and inserting ''22'';
(B) in paragraph (1), by striking ''six'' and
inserting ''4'', and by striking ''and'' after the
semicolon at the end;
(C) in paragraph (2) by striking the period at the
end and inserting ''; and'';
(D) by inserting after paragraph (2) the following:
''(3) 4 of whom must be knowledgeable and experienced in
ocean and coastal resource conservation.''; and
(E) in the material following paragraph (3) (as so
added), by striking ''shall be'' and inserting ''and
the Under Secretary of Commerce for Oceans and
Atmosphere shall each be''; and
(2) by amending subsection (b) to read as follows:
''(b) Appointment and Terms.--
''(1) In general.--The Secretary of the Interior (in this
Act referred to as the 'Secretary') shall appoint the Directors
of the Board, after considering recommendations from the Board
under paragraph (4). The Secretary of the Interior shall
consult with the Under Secretary of Commerce for Oceans and
Atmosphere before appointing any Director of the Board.
''(2) Terms.--The Directors shall be appointed for terms of
6 years; except that the Secretary, in making the initial
appointments to the Board, shall appoint 3 Directors to a term
of 2 years, 2 Directors to a term of 4 years, and 2 Directors
to a term of 6 years. No individual may serve more than 2
consecutive full terms as a Director.
''(3) Vacancies.--A vacancy on the Board shall be filled
within 60 days after the occurrence of the vacancy. Any
individual appointed to fill a vacancy occurring prior to the
expiration of any term of office shall be appointed for the
remainder of that term.
''(4) Nomination of appointees.--The Board may recommend to
the Secretary individuals to be appointed as Directors of the
Board.''.
(b) Application.--The amendments made by subsection (a) shall apply
to any appointment of a Director of the Board of the National Fish and
Wildlife Foundation on or after the date of the enactment of this Act.
(c) Appointment of Additional Members.--
(1) Nominations.--The Board of Directors on the National
Fish and Wildlife Foundation shall submit any recommendations
of individuals for appointment to positions on the Board
created by the amendment made by subsection (a)(1) by not later
than 60 days after the date of the enactment of this Act.
(2) Staggered terms.--Of the Directors on the Board of
Directors of the National Fish and Wildlife Foundation first
appointed pursuant to the amendment made by subsection (a)(1)--
(A) 3 shall be appointed to a term that expires
December 31, 1999;
(B) 2 shall be appointed to a term that expires
December 31, 2001; and
(C) 2 shall be appointed to a term that expires
December 31, 2003,
as specified by the Secretary of the Interior at the time of
appointment.

SEC. 3. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.

(a) Investment and Deposit of Federal Funds.--Section 4(c) (16
U.S.C. 3703(c)) is amended--
(1) by redesignating paragraphs (3) through (7) in order as
paragraphs (8) through (12); and
(2) by inserting after paragraph (2) the following:
''(3) to invest any funds provided to the Foundation by the
Federal Government in obligations of the United States or in
obligations or securities that are guaranteed or insured by the
United States;
''(4) to deposit any funds provided to the Foundation by
the Federal Government into accounts that are insured by an
agency or instrumentality of the United States;
''(5) to make use of any interest or investment income that
accrues as a consequence of actions taken under paragraph (3)
or (4) to carry out the purposes of the Foundation;
''(6) to provide Federal funds for the purpose of entering
into cooperative agreements with willing private landowners for
restoration and enhancement of fish, wildlife, and other
natural resources on public or private land, or both, if such
cooperative agreements--
''(A) provide general conservation benefits; or
''(B) benefit fish, wildlife, or other natural
resources on public land;
''(7) to accept and manage funds provided by any Federal
agency under any other law when it is in the public
interest;''.
(b) Agency Approval of Acquisitions of Property.--Section 4(e) (16
U.S.C. 3703(e)) is amended--
(1) by amending paragraph (1)(B) to read as follows:
''(B) the Foundation notifies the Federal agency that
administers the program under which the funds were provided of
the proposed acquisition, and the agency fails to object in
writing to the proposed acquisition within 60 days after the
date of that notification.''; and
(2) in paragraph (2), by striking ''the Director'' and
inserting ''the head of the Federal agency that administers the
program under which the funds were provided''.
(c) Repeal.--Section 304 of Public Law 102-440 (16 U.S.C. 3703
note) is repealed.
(d) Agency Approval of Conveyances and Grants.--Section
4(e)(3)(B)(ii) (16 U.S.C. 3703(e)(3)(B)(ii)) is amended to read as
follows:
''(ii) the Foundation notifies the Federal agency that
administers the Federal program under which the funds were
provided of the proposed conveyance or provision of Federal
funds, and the head of the agency fails to object in writing to
such proposed conveyance or provision of Federal funds within
60 days after the date of that notification.''.
(e) Reconveyance of Real Property.--Section 4(e)(5) (16 U.S.C.
3703(e)(5)) is amended to read as follows:
''(5) The Foundation shall convey at not less than fair market
value any real property acquired by it in whole or in part with Federal
funds if the Foundation notifies the Federal agency that administers
the Federal program under which the funds were provided, and the agency
fails to disagree within 60 days after the date of that notification,
that--
''(A) the property is no longer valuable for the purposes
of fish and wildlife conservation or management; and
''(B) the purposes of the Foundation would be better served
by the use of the proceeds of the conveyance for authorized
activities of the Foundation.''.
(f) Termination of Condemnation Limitation; Expenditures for
Printing or Capital Equipment.--Section 4(d) (16 U.S.C. 3703(d)) is
amended to read as follows:
''(d) Expenditures for Printing or Capital Equipment.--The
Foundation may not make an expenditure of Federal funds for printing or
capital equipment that is greater than $10,000 unless the expenditure
is approved by the Federal agency that administers the Federal program
under which the funds were provided.''.

SEC. 4. MATCHING REQUIREMENT.

Section 10(b)(1) (16 U.S.C. 3709(b)(1)) is amended by striking
''matching, in whole or in part,'' and inserting ''matching, on a one-
to-one basis,''.

SEC. 5. RESTRICTIONS ON USE OF GRANTS PROVIDED BY FOUNDATION.

Section 10(b) (16 U.S.C. 3709(b)) is amended by adding at the end
the following:
''(3)(A) Amounts provided as a grant by the Foundation shall not be
used for--
''(i) expenses related to litigation; or
''(ii) any activity the purpose of which is to influence
legislation pending before the Congress.
''(B) Subparagraph (A)(ii) shall not be considered to prohibit
officers or employees of the Foundation from communicating to Members
or staff of Congress requests for legislation that they consider
necessary for the efficient conduct of the business of the Foundation
or that relates to the authority of the Foundation, appropriations for
use by the Foundation, or use of Federal funds by the Foundation.
''(4) Amounts provided as a grant by the Foundation shall not be
used for any activity related to the introduction of wolves or grizzly
bears in Idaho, Montana, Utah, or Wyoming.''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--Section 10(a) (16 U.S.C. 3709(a)) is amended to
read as follows:
''(a) Authorization.--There are authorized to be appropriated to
the Secretary of the Interior and the Secretary of Commerce, in the
aggregate, $25,000,000 for fiscal year 1999.''.
(b) Repeal.--Section 10(c) (16 U.S.C. 3709(c)) is repealed.
answer:
National Fish and Wildlife Foundation Establishment Act Amendments of 1998 - Amends the National Fish and Wildlife Foundation Establishment Act to increase the number of members of the National Fish and Wildlife Foundation's Board of Directors. Provides for four directors experienced in ocean and coastal resources conservation and adds the Under Secretary for Commerce for Oceans and Atmosphere as a nonvoting member.
Expands Foundation powers to include the right to: (1) invest and deposit Federal funds; and (2) provide Federal funds to enter into agreements with private landowners for fish, wildlife, and natural resource restoration and enhancement on public and private lands.
Revises certain limitations on the use of Federal funds by the Foundation to acquire interests in, convey, or grant such funds to another for, real property to allow such activities if the Foundation notifies the Federal agency that administers the program under which the funds were provided of the proposed activity and the agency fails to object within a certain time period.
Removes a limitation on the condemnation of Foundation lands by State or local entities. Prohibits the use of Foundation grants for litigation expenses, activities to influence legislation pending before the Congress, or for activities related to the introduction of wolves or grizzly bears in Idaho, Montana, Utah, or Wyoming.
Extends the authorization of appropriations for the Foundation through FY 1999.
Repeals a provision that states that amounts authorized under the Act are in addition to any provided for the Foundation under other Federal laws.

question:
SECTION 1. FINDINGS.

Congress finds the following:
(1) Manufacturing Extension Partnership services are
available in all 50 States and at 392 locations.
(2) The Manufacturing Extension Partnership delivers
critical services to small and midsized manufacturers,
providing access to public and private resources that enhance
growth, improve productivity, and expand capacity.
(3) The Manufacturing Extension Partnership helps
manufacturers position themselves as strong long-term
competitors in domestic and international markets.
(4) Of the 7 million jobs lost in the recession as of
February 2009, over 2 million were from the manufacturing
sector, and the Manufacturing Extension Partnership reported
creating or retaining over 57,000 manufacturing jobs in the
most recent surveyed year.
(5) The Manufacturing Extension Partnership has delivered
$1.44 billion in cost savings annually and $10.5 billion in
increased or retained sales in a single year.
(6) Every dollar contributed by the Federal Government to
the Manufacturing Extension Partnership is matched 2-to-1 by
State and local governments and participating manufacturers.
(7) The recession has strained many State budgets, and 23
State Manufacturing Extension Partnership Centers reported a
decrease or elimination of State funding in 2009.
(8) When a State decreases or eliminates funding for the
Manufacturing Extension Partnership, the cost-share burden is
shifted to small manufacturers who are unlikely to be able to
afford increased contributions during an economic downturn, and
the availability of Manufacturing Extension Partnership
services is jeopardized.
(9) A reduction in the matching requirement for
participants in the Manufacturing Extension Partnership will
greatly alleviate the burden on State budgets and small
manufacturers and preserve the Manufacturing Extension
Partnership's ability to provide critical services to small
manufacturers and create much-needed jobs in the manufacturing
sector.

SEC. 2. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP PROGRAM.

Section 25(c) of the National Institute of Standards and Technology
Act (15 U.S.C. 278k(c)) is amended--
(1) in paragraph (1), by inserting '', unless otherwise
determined under paragraph (3)(C)'' before the period at the
end;
(2) in paragraph (3)--
(A) in subparagraph (B)--
(i) by striking ''not less than 50 percent
of the costs incurred for the first 3 years and
an increasing share for each of the last 3
years'' and inserting ''the applicant's share
of the costs incurred (in this subsection
referred to as 'cost share')''; and
(ii) by striking ''For purposes of the
preceding sentence, the'' and inserting
''The'';
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(C) by inserting after subparagraph (B) the
following new subparagraph:
''(C) The Secretary shall by rule establish
appropriate criteria to be considered in determining a
Center's cost share. A Center's cost share shall in no
case exceed 50 percent of the costs incurred by such
Center. The Secretary shall review each Center's cost
share annually and at such other times as the Secretary
considers appropriate. An adjustment to a Center's cost
share in a year shall not affect the amount of Federal
funds such Center receives in such year.''; and
(D) in subparagraph (D), as redesignated by
subparagraph (B)--
(i) by striking ''50 percent'' and
inserting ''cost share''; and
(ii) by striking ''Center's contribution''
and inserting ''Center's cost share''; and
(3) in paragraph (5)--
(A) in the 6th sentence, by striking ''at declining
levels''; and
(B) in the last sentence--
(i) by striking ''Funding'' and inserting
''Unless otherwise determined under paragraph
(3)(C), funding''; and
(ii) by striking ''one third'' and
inserting ''50 percent''.
answer:
Amends the National Institute of Standards and Technology Act to reduce the matching funds requirement for participants in the Hollings Manufacturing Extension Partnership Program (providing services to small and mid-sized manufacturers) from not less than 50% of the costs incurred for the first three years and an increasing share for each of the last three years to no more than 50% of the costs incurred by a participating Regional Center for the Transfer of Manufacturing Technology. Directs the Secretary of Commerce to establish criteria to determine a Center's cost share.