HomeMy WebLinkAboutResolution 00-050-CCB()A,R.D {J�` CtJUNTY CC1�M�S�I�JNERS
+GI3ANT C{JUNT�, WASHINGTON
RESQLUTI�N T�1:�MBER 2000- 50 -CG
In Sup�ort of H.R.3160
The �Qn�.��n Sense Protections
For Endan�ered Species Act
W��EREAS, the Grani County Commzsszoners strongly suppori H.R.
3160 rega�ding the Cc�mmon 5ense Proteciions for Endangered Spec�es Act.
{H.R. 3160), and
WI�FREAS, H.R.3160 improves the way �peci�s are listed as
endangered or tiareatened, by allac�ving states and local government io save
species a�d prevent iistings by entering into cc�nservation agreements before
Iistings, and
W�-�EREAS, H.R, 3160 allaw� federal �gencies to carry out their
missions whil� protecting endangered species, but still reduces confli�ts and
ecanomic dislocatzon, treating privat� citzzens fai�ly, and
WI�CREI�S, H.R. 316� emphasizes recavery and delisting of
Endangered Sp�cies, making recovery planning an inclusive proc�ss,
NOW �`I�E�2EFORE BE IT HEREBY RES(JLVED, that the (�rant
County �`Qmmissioners do fizl�y support th� passage of H.R 3160, the
Common Sense Protections for End�ngered Specz�s Act.
Dated i�is 8`� day of May, ?000
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B01�RD CiF CC}UNTY CO��IMISSIfJNERS
GR.ANT C(�U�ITY, WASHHIN�-TC)N
DOC HASTINGS
4TH DISTRICT, WASHINGTON
ASSISTANT MAJORITY WHIP
COMMITTEE ON RULES
SUBCOMMITTEE ON
LEGISLATIVE AND BUDGE7 PROCESS
�Cor�gre�� o� t�je �ncite� �t�ie�
�ou�e oi �Re��e�er�t�tibe�
February 24, 2000
��� y �t �' ' 'e. �
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�,! ��']� b'L.J
1323 LONGWORTH BUILDING
WASHINGTON, DC 20515
(2021225-5816
2�'I5 ST, ANDREWS LOOP
PAsco, WA 99301
(509�543-9396
302 E, CHESTNUT
YAKIMA, WA 98901
(509)452-3243
Commissioner Tim Snead �� � � ����
Grant County Board of Commissioners
P.O. Box 37
Ephrata, WA 98823
e
Dear Commissi r Snead:
Thank you for contacting me regarding The Common Sense Protections for Endangered
Species Act. (H.R. 3160). Enclosed please find the information you requested.
If you have any questions, please contact Sharlyn Berger, in my Tri-Cities Office, at
(509) 543-9396.
I appreciate the opportunity to be of assistance.
Si c r y,
Doc Hastings
Member of Congress
DH: sb
enclosure
Dear Colleague on H.R 3160, Common Sense Protections for Endangered Species Page 1 of 2
Comm�t�ee on Resources
. ��
The Co�nrr�on Sense Protectiaris fo� Enc�a��ered Spec�es �ct
Summary
I. H.R. 3160 im roves the wa s ecYes are listed as endan ered or threatened:
.�nvolve a�d ��ly or� Expe�4ise o� �ia��es: �[.R. 3160 allow s�a�es and local governments to
sa�re species and prevent listings by entering into conserva�ion agreemen�s be�ore lis�ings, Y�
requires the Secre�ary to soyicit and consider listing infoxmation from the public and local
governmenis. �i allows s�a�e ESAs to protea� distinc� species populations in �1�eir states wher�
the species or su,bspecies is mthe�wase abundant.
�aa�p�ov�reg p�titaons �and list�rng investigations; �,R. 316Q req���es peti���ns t� l�si spec�es to
�nclude substantia� scientz�'ic data to support il�eir clai�ns. Ii reqttires notic� ta the public a�d
each af�ected state upan receipt of a peiiiion to list and seak comrnents on the petition, It
r�qui�res clear r�gulatio�s on whethex a s�ecies is in fact a s��c�es o� su�sp�Gi�s, it requix�s
peer re�Aew %r listzn.gs, �elistings, des�gnation of critica� habitat, a biologica� opinio� and
mitigation critexia. It give the Stat�s an opportunity to participate in peer review.
More public information and 'mvolvement: If a petztio� is warranted, ihe sec�etary �s to
solicit informatio� and pubXish notices zdentifying d�ta needed ta make a detexmination �nd
hold public meetzngs before �ublishing a p�oposed �isting ru�e. It allows impacted c�tizer�s to
intervene i� suits that challenge tha �azlwre to �ist. It requx�'ts saXicitation of �.ew infoxmation
and consultation with governa�s on pxoposed rules to list. Th� pub�ic must be given moxe
information and opportunities fox znput. �t xequires the government to �dentify t�e �conomic
impac�s to be exp�cted frorn the listing, but does not �ase the listing on ecanomic
conside�ations.
�I- H.R. 3160 Allnws federal �gene�es to car� ont �heir mis�Yons wh�le pratect�n endange�red
sp�cies:
Reduce conflicts and economrc dislocation» H.R. 3160 provides deadlines on agencies �o
make clecisions: It insures that decisions are based on godd science and the actual°presen.ce of
endangered or threatene� s�eaies. It reduces the use of i�junctians where the consultation
process proceeds in good faith. �t insures that agencies f'ul�ll thexr missions and �ro`vzde a
faster and surer rneihod oiresolving conflicts between age�cies. It addxesses speczes protec�inaa
with conservation that works; but requires the least social and economic costs. It i�sures that
public safety can be protected
Treat private citi�ens fairly: H,R, 3160 allows affected citizens a fu11 o�portunit� to
participate rn consultations amang federal age�cy on impacts o�%deral actians on species; �o
discuss the impacts of a biological opinion and any proposed alterna�iv�s; to ��cerv�
informa�ion on the bioingical opin�on; and to receiva a copy of the dra�t biological t��i�io�
prior to it°s issuance. Tt insures that a"Reasonable and Prudent Alternati�ve" sugges�ed li� the
govexnrnent is something that is truly reasonable. Once agreerrients to protect species are
reached, the bill insures that the� are binding on all parties.
il�. �>R. 3160 re uxres fair treatment of landowners:
http://www.house.gov/resources/106cong/fullcomm/hr3160/esa summary.htm 02/24/2000
Dear Colleague on H.R 3160, Common Sense Protections for Endangered Species Page 2 of 2
. Y+"a�r treatment o�' landowners w��� result fn more habitax far w�ldlixfe: H.R. 3� 60 pre�vent�
abusive a�d excessive demanc�s on p�ivate landown�rs fo� t�ei�r land �nd money as a co��it�an
af getting an ESA permit from �lhe fe�eral gove�nmment. xt requires xe�sonable deadlines for
mak�ng pexmit deciszons. '�"he bi�l s�rearnlx�es �nd sirz�plifies the permitt�ng prac�ss.
� It i�s�t�es th�� coms�rvat�on agree�n�nts �re bzndiaag �n ail p�arties to �he agr�emen�, It �r�vad�s
��atute of lim��at�ons �far l�wsuits to challe�ge pennzts for p�ivate landowr�ers sa that
landownexs can. use thexx own lands and lim�ts the use oi c�tizens suits against pr�vate
landowners. �t allows the interest of average citizens to be xapreserited in ESA lawsixits.
. Tt authorizes sa�e harb�r ag�eements ta �ncmurage lan�owne�rs to use thair la�d £o� wildlife.
. It i�suxes t�at �n:a.er�e�cy act�on to protect pub��c healxh a�d s�f�ty is �nt � violatiora of �h�
ESAo
IV. H�R, 3160 emp�asizes reco�ery and delisting:
. IV�a�e recove�ry �lannxng a�x lnclusive �rocesse �I.l�, 3160 insures pxioxities for c�evelopme�.�
o� recovery plans an,d xequires a commiirnen� i� reco�very �hro�tgh a separate pro�ram to
recover species and delis� species. It establishes schedules to achieva recovery and uses a
representative groap o� citizens to develop recovery plans,
. I� re�uires recovery teams to develap plans and assess economic im�acis and rnake
recommer�dations on measures �o achieve �eco�very while proiectin� the economic we11 being
o�the area affected by the recovery plan. The reco�very �eam would then recom:mend any area
to be designated as exitical habitat as part o� the recovery process. The secxetary would be
allowed to delega�e to �he states the ability �o develop and impleynent recovery �1ans.
. H.R. 3160 insures that recoveYy results in delisting of s�ecies: Recove�y plans are required
�o have a biolagical arecovery gaaX that when me� would trigger a delisting. It rec�uires
measurable benchmarks to be achieved.
�##
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I�R 3160 IH
Page 1 of 32
106th CONGIZESS
1 st Session
H. R. 31G0
To reauthorize and amend the Endangered Species Act of 1973.
IN THE �IOiJSE OI" It�PR�SENTATIVES
October 27,1999
Mr. YOLTNG of Alaska (for himself, Mr. POMBO, Mr. TAUZIN, Mr. �IANSEN, Mr. CALVERT,
�Vi�. °TI�Ol�A,S, Mr, DOOI,I'T'�'LE,1VI�°. �L�AI�TOVIC�I,1VIr. �AKEIt, Mr. SI�EEN,1VIrs. �O��iO,
li/dr, I,EWIS of Califorrnia, Mx. WAL,DEN of Oregon, Mrso C�JBIN, Mr. SC�AFF'ER,1VIr. TAYI,OR.
of North Carolina, Mr. HAS'I'INGS of Washington, Mr. HLiNTER, Mr. GARY MILLER of
California, Mr. WATKINS, Mr. TANCREDO, Mr. BACHUS, Mr. SIMPSON, Mr. HERGER, Mr.
CLJI�1NIl�iGI�AM,1lilr. I'ETERSON of Pennsylvania, Mr. DELA4', Mr. GIBBONS, Mr. LUCAS of
01��a�or,na,1l�xo JOI�IV, Mro �ONILLA, and �r, �'ACK.Al�) intxoduced the following bill; which
was referred to the Committee on IZesources
r:_ : _
To reauthorize and amend the Endangered Species Act of 1973.
Be it enacted by the Senate and House of Representatives of the Unzted States of Ameraca in
Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTEN�S.
(a) SHORT TITLE- This Act may be cited as the ' Common Sense Protections for Endangered
Species Act'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to Endangered Species Act of 1973.
TITLE I--IMPROVING SCIENTIFIC INTEGRITY OF LISTING DECISIONS
AND PROCEDURES
Sec. 101. Improving the validity and credibility of decisions.
Sec. 102. Peer review.
Sec. 103. Making data public.
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Sec. 104. JudicAaY xeview.
Sec. 105. State consultation on �nal d�termination.
Sec. 106. Determinations by the Secretary to delist.
Sec. 107. Cooperation with the Statas.
TITLE II--COMPLYING WITH ALL FEDERAL LAWS AND MISSIOl�S
Sec. 201. Balancing ESA with other lavvs and missions.
Sec. 202. Actions noti requiring consultation and conferencing.
Sec. 203. Eliminating the exemption committee.
'�'IT.LE III--�EIZMITTING A,ND ENFORCEMENT
Sec. 301. Protecting pub�ic health and safety.
Sec. 302. Intervention in citizen suits.
Sec. 303. Incidental take permits.
Sec. 304. Safe harbor agreements.
TITLE IV--RECOVERY PLANNING
Sec. 401. Recovery planning.
TITLE V--MISCELLANEOUS
Sec. 501. Authorizing increased appropriaiions.
SEC. 2. REFERENCES TO ElVDAl�GEREi2 SPECI�S AC'I' OF 1973.
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 such section or other provision of the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.).
TITLE I--IIVIPROVING SCIENTIFIC INTEGRITY OF LISTING DECISIONS AND
PROCEDURES
SEC. 101. IMPROVING THE VALIDITY AND CREDIBILITY OF DECISIONS.
(a) BASES LISTINGS; USE OF CREDIBLE SCIENCE- Section 4(16 U.S.C. 1533) is
amended--
(1) by amending subsection (a)(1)(D) to read as follows:
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'(D) the inadequacy of existing Federal, State, and local government regulatory
mechanisms or other proactive conservation programs or measures, including programs
�d rmeasures voluntaxaly undertaken;°,
(2) by strilcing paragraph (3) of subsection (a); and
(3) in subsection (b), by amending so much as precedes paragraph (3) to read as follows:
'(b) SECRETARIAL D�TERMINATIONS-
'(1) BASIS FOR DETERMINATION- (A) The Secretary shall make determinations
required by subsection (a)(1) solely on the basis of the best scientific and commercial
data avai�able to the Secretary after conduciing a review of the siatus of the species and
after soliciting an� fully considering the best scientific and commerczaY data avaiYab�e
concerning the sta�us of a species from any affected State or any interestecY non-Fedexal
person, and taking into account those efforts being made by any State or foreign nation,
any political subdivision of a State or foreign nation, or any non-Federal person or
conservaiion organization, to protect such species, whether by predator control,
protection of habitat and food supply, or other conservaiion practices, within any area
u�der �ts jurisdxction, or on the high seas, and sha,il accord �xeatex weighty C�i��LS��PT�aLYOYYy
and preference to empgricai data rather than projeciions or other ez�trapolat�ons deveflop�d
�hrough modeli�g.
'(B) In carrying out this section, the Secretary shall give consideration to species which
have been--
'(i) designated as requiring protection from unrestricted commerce by any foreign
nation, or pursuant to any international agreement; or
'(ii) identified as in danger of extinction, or as likely to become so within the
foreseeable future, by any State agency or by any agency of a foreign nation that is
responsible for the conservation of fish or wildlife or plants.
'(C) In making a determination whether a species is an endangered species or threatened
species under this section, the Secretary shall consider the iuture conservation benefits to
be provided to the species under any species conservation plans prepared pursuant to
section 10 or to any management agreament entered into under section 6 or under any
other agreement for the conservation of any species entered into between the Secretary
and any other person.
'(2) STANDARDS FOR DETERMINING SPECIES- Within 18 months after the date of
the enactment of the Common Sense Protections for Endangered Species Act, the
Secretary shall promulgate a rule establishing scientifically valid standards for rendering
taxonomic determinations of species and subspecies. The standards shall provide that to
be eligible for determination as a subspecies under this Act, a subspecies must be
reproductively isolated from other subspecific population units and constitute an
important component in the evolutionary legacy of the species.'.
(b) LISTING AND DELISTING-
(1) RESPONSE TO PETITIONS- Section 4(b)(3) (16 U.S.C. 1533(b)(3)) is amended to
read as follows:
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°(�� �s�o�rs� °ro ��°�iTlo�vs-
' (A) ACTION MAY BE WARRANTED-
'(i) �N �EIVER�II,- Consistent with tk�e �°ankin� system esiablishe� by the
Secr�tary under subsection (h)(3) and to the maxi�urrfl extent practicable,
after receiving the petition of an interested person under section 553(e) of
title 5, United States Code, to--
' (I) add a species to;
'(iI) remove a species from; or
'(I�I) change the status of a species from a previous deterrninatiora
'67a�fl�11 Y'�S��C� $O9
either o��he �ists published �tnder subsection (c), the Secr��ary shall
immediaiely publisfi in the Federal Register a notice of receipt of ihe
petition and shall nnake a finding as to whether the petition presents
substantial sczentific or commercial �r�forrna,tio�. i�dic�ting that the
petztxomed actior� znay be warranted. If a petition is found to present such
anformation, the Secretary shall promptly commence a review of the status
of the species concerned. The Secretary shall promptly publish each �inding
made under this subparagraph in the Federal Register.
'(ii) MINIMUM DOCUMENTATION- A finding that the petition presents
the information described in clause (i) shall not be made unless the petition
provides--
'(I) scientific documentation from a published scientific source that
the fish or wildlife or plant that is the subject of the petition is a
species;
'(II) a description of all available data on the historical and current
range, population, and distribution of the species, an explanation of
the methodology used to collect the data, and an identification of the
location where the data can be reviewed;
'(III) scientific evidence that the population of the species is declining
or has declined from historic population levels and beyond normal
population fluctuations for the species;
'(IV) an appraisal o�the available data on the threats to the species or
the causes of its decline;
'(V) an identification of the information contained or referred to in the
petition that has been peer-reviewed or field-tested;
'(VI) the reason that the petitioned action is warranted, based on the
factors established under subsection (a);
'(VII) a bibliography of scientific literature on the species, if any, in
support of the petition;
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'(VIII) the qualifications of any person cited zn the petitio�n as an
exper� on the species or the status of th� s�pecies; and
°(IX) a� le�st one study or credible expert opinion, by a person who is
not affiliated with the petitio�ner, to support the action requested in the
peiAtion.
'(iii) iV(�°I'I�ICA"�'I01�1 T'O 7C�IE STATES-
'(I) PETITIONED ACTIONS- If the petition is found to present the
information described in clause (i), the Secretary shall notify and
provide a copy oi the petition to the Governor of each State in which
�he specaes zs belz�v�d to occur and to affe�ted ixib�s, �.n� shal& solicit
t�e adv�ce of �ach such Governo� and �rabe as to wheiher th�
petitioned action is warranted. Such advice shall be subflnittecY to the
Secretary not later than 90 days aftex the notification.
°(II) PEEI� IZE�IIEW OF CER.'I'�.IN I)ETE�I�I.ATIONS- gf �he
Secretary°s de�ermina�ion t�.a� the petitian�d actflora �s warrante� zs xr�
direct con�lict with the informatiox� submitted by the Governor or
tribe, the finding shall not be final until the Secretary submits the
finding to peer rev�ew as provided 'an. subsectian (�. The peer
�eviewexs shall �iave not rriore than 30 days to submit thezr findings
and comments to the Secretary. If the peer reviewers and the Secretary
find that the petition is warranted, the Secretary shall prepare a record
of decision and shall submit the record to the Governor or tribe.
Issuance of such record shall be final agency action for purposes of
chapter 7 of title 5, United States Code (relating to judicial review).
'(B) PETITION TO CHANGE STATUS OR DELIST- A petition may be
submitted to the Secretary under subparagraph (A) to change the status of a species
or to remove a species from either of the lists published under subsection (c) in
accordance with subsection (a)(1), if--
'(i) the current listing is no longer appropriate because of a change in the
factors identified under subsection (a)(1); or
'(ii) with respect to a petition to remove a species from either of the lists--
'(I) naw data or a reinterpretation of prior data indicate that removal is
appropriate;
' (II) the species is extinct;
'(III) the recovery goals established for the species in a recovery plan
adopted under section 5 have been achieved; or
'(IV) the original listing of the species was not subject to adequate
peer review as required by this Act.
'(C) DETERMINATION- Not later than the end of the 1-year period beginning on
the date the Secretary receives a petition that is found under subparagraph (A)(i) to
present substantial information indicaiing that the petitioned action may be
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warranted, the Secxetary shall make one of the following findings:
'(i) NOT° WAIE��N�['lED- �he petitioned actio� �s not warranted, in which
case the Secretary shaYl promptly pubYish the �'inding an �he Fedexa� iZegister.
°(�i) WARIZANTEI)- 'I'he p�titxoned actior� is warranted, An vvhick� case the
Secretary shall, within 45 days after making the determination and before
issuing any proposed rule to implement the determination, publish in the
Federal Register a notice of a review of the status of the species that
includes a description of the following:
'(I) Any missing data that, if obtained, would support the
determination.
°(II) Data that are necessary to make the determ�nation and that car� be
collected vvathin the pexio� available �'or malci�� the detern�inata�ra�,
'(III) Data that may be necessary in the future to ensure the continued
validity of the determination, and the deadline or c�eadlines for
collecting tha� data,
`(ii�) WA.R�I�T'TEI� �LJ`� �'1�CI,LTI��D� °The �e��tior�ed aetior� ns
warranted, but--
'(I) the immediate proposal and timely promulgation of a final
regulation implementing the petitioned action in accordance with
paragraphs (5) and (6) is precluded by pending proposals to determine
whether any species is an endangered species or a threatened species;
and
'(II) expeditious progress is being made to add quali�ed species to
either of the lists published under subsection (c) and to remove from
the lists species for which the protections of this Act are no longer
necessary;
in which case the Secretary shall promptly publish the iinding in the Federal
Register, together with a description and evaluation of the reasons and data
on which the finding is based.
'(D) PLJBLIC MEETINGS- If requested by any person within 30 days after the
date of publication of a finding under subparagraph (C) regarding a speczes, the
Secretary shall conduct a� least one public meeting on the finding in. each State in
which th� species is believed to occur and a person making such a request res�des.
Public meetings in a State under this clause shall include--
'(i) a public meeting at a location that is as centrally located as possible to
the areas in the State believed by the Secretary to be habitat of the species;
and
'(ii) at least one public meeting in each rural area of the State that the
Governor of the State determines is affected by the determination.
'(E) SUBSEQUENT DETERMINATION- A petition with respect to which a
f nding is made under subparagraph (C)(iii) shall be treated as a petition that is
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resubmitted to the Secretary under subparagraph (A) on the date of the finding and
that presents substantial scientifzc or commercial information that the petitioned
action may be warranted.
°(F) JUDICIAL REVIEW- (i) Any negative finding described in subparagraph (A)
(i) and any finding described in clause (i) or (iii) of subparagraph (C) shall be
subjeci �o judicial rceview. In any suit for review brought under this paragraph, any
person nc�ay intervene as a�aatter of right if the person can demonstrate that a
deterznination to list wxil have a direct ecox�omic impact on such �erson.
°(fi� In any �ctio� seeking judiciaY review of a fn.ding by the Secre�ary described
in subparagraph (C)(iii), the cour� shal� �ive great weight to th� fn�di�ga
'((s) MONITORING- The Secretary shall implement a system to monitor
effectively tha status of each species with respect to which a finding is made under
subparagraph (C)(iii) and shall malce prompt use of the authority under paragraph
(7) to prevent a sig;nificant risk to the well-being of the specz�s.
°(�I) DATA. SOLICITATION- (i) The Secretary shall, �n the one-yea� period
referred to zn subparagraph (C)--
'(I) solicit, through publicatiom in the Fedexal Re�ister, infoxrraatior�
�e�arding th� s��tus of ihe speci�s tha� may be th� s�bject o£ a proposed a-ule,
including current popuYation, populat�on irends, current habitat, other State
or local governmental conservation efforts, Federal conservation lands that
could provide habitat for the species, food sources, predators, breeding
habits, captive breeding eiforts, commercial, nonprofit, avocational, or
voluntary conservation activities, or other pertinent information that may
assist in malcing the
determination refarred to in subsection (a)(1); and
'(II) collect and consider the data identified and described pursuant to
subclause (I).
'(ii) The solicitation shall establish a time period within which to submit the
information, that shall be not less than 180 days. The period shall be extended for
an additiona160 days at the request of any person who submits a request for such.
extension that includes a statement of the reasons for the request. In mak�ng the
determination re%rred to in subsection (a)(1), the Secretary shall give equal weight
to the information submitted in accordance with this subparagraph.'.
(2) CONFORMING AMENDMENT- Section 6(d)(1) (16 U.S.C. 1535(d)(1)) is amended
in the first sentence by strilcing 'subparagraph (C)' and inserting 'subparagraph (G)'.
(c) PROPOSED REGULATIONS- Section 4(b)(5) (16 U.S.C. 1533(b)(5)) is amended to read
as follows:
'(5) PROPOSED REGULATIONS AND REVIEW- With respect to any regulation
proposed by the Secretary to implement a determination referred to in subsection (a)(1)
of this section, the Secretary sha11 perform the following:
'(A) Not later than 12 months before publishing the proposed regulation, the
Secretary shall--
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'(i) a�otxfy the (iovexnox of each State in which tlhe species xs belaevecY �o
occu�° and each affected �ribe, and
'(ii) solicit subrmission by each such Governor and tribe, by not later than 90
days after the notification, of advice as to wh.ether the determination is
warranted.
'(B) Before publication of the �roposed re�ulatian, the Secretary shall consider
advice received from State Governors and tribes under subparagraph (A)(ii). Yf a
Governor or tribe provides scientific evidence pursuant to subparagraph (A)(ii)
that the determination is not warranted, the Secretary may not malce the
determination with respect to that State or on the lands of that iribe, respectively,
unless the Secretary shows by a preponderance of scieniific evidence that the
information submitted by the Governor or tribe is incorrect and that the
determination is warranted.
'(C) I�1ot less than 90 days before ihe effective date of the regulation--
°(b) pub��sh � generrafl notice a�d the corrip�ete text o£ the proposed regulation
zra th� FederaY IZe�ister as provided in paragra,ph (�); ax�d
°�gi) gzve �ctua� notice ��'the propc�sed regu.lation (includi�g �he �o�ple�e
text �f �he regu�at�on) to the Governo� of each State �n which tfl�e species is
believed to occur, and invite the determination of such Stata as to whether
the action is warranted and if the Governor notifies the Secretary that the
action is not warranted, the Secretary must provide to the Governor a record
of decision for such determination, including information made available to
the Secretary which did not support the determination, and the written
reasons for the determination.
'(D) In cooperation with the Secretary of State, give notice of the proposed
regulat�on to each foreign nation in which the species is believed to occur or
whose citizens harvest the species on the high seas, and consult with such nation
thereon.
'(E) Give notice of the proposed regulation to any person who requests such
notice, any person who has submitted additional data, each State and local
government within which the species is believed to occur or which is likely to
axperience any effects of any measures to protect the species under this Act, and
such professional scientific organizations as the Secretary deems appropriate.
'(F) Publish a summary of the proposed regulation in a newspaper of general
circulation in each area of the United States in which the species is believed to
occur.
'(G) At the request of any person made not latex than 45 days after the date of
publication of general notice, promptly hold at least one public meeting in each
State that would be affected by the proposed regulation (including at least one
public meeting in an affected rural area, if any) except that the Secretary shall not
be required to hold more than five public meetings under this subparagraph.
'(H) Identify and include with the proposed rule a description of--
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'(i) all daia that are to be considered in making the determination under
subsection (a)(1) to which the proposed rule relates and that have yet to be
��llected �r field ver�fied9
`(xi) any data that ha,ve a�oi been co�lecied and consgdered in the
determination under subsection (a)(1) to which ihe rule relates and thai axe
necessary to ensure the continued scientific integrity of the datermination;
'(iii) deadlines by which the Secretary shall collect and consider the data in
accorcYance with subparagraph (I);
'(iv) a descxiption of additional scientific and commercial data that would
assist z�. xhe preparatzon of a r�cnvexy ��an for the species to wl�ich th� rul�
relates;
'(v) a lisi of known threats io the species and a description of the types of
activities that may be affected by the determination under subsection (a)(1)
and
any restriction on use of property that may result from the deterrr�ination; and
'(vi) other State, local, or FederaY regulatory or conservatiox� measures tha�
may either at pxesent or in the future contribute io the conservation of the
species.
'(I) Not later than the deadline published by the Secretary pursuant to
subparagraph (H)(iii), the Secretary shall--
' (i) collect the data;
'(ii) provide an opportunity for public review and comment on the data;
'(iii) consider the data after thai review and comment; and
'(iv) publish in the Federal Register the results of that consideration and a
description of and schedule for any actions warranted by the data.'.
(d) FINAL REGULATIONS-
(1) SCHEDULE- Section 4(b)(6) (16 U.S.C. 1533(b)(6)) is amended by strilcing '(6)(A)'
and all that follows through the end of subparagraph (A) and inserting the following:
' (6) FINAL REGULATIONS-
'(A) IN GENERAL- Within the 1-year period beginning on the date on which
general notice is published in accordance with paragraph (5)(A)(i) regarding a
proposed regulation, the Secretary shall publish in the Federal Register--
°(i) a final regulation to implement the determination;
'(ii) notice that the 1-year period is being extended under subparagraph (�)
(i}; or
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°(�zi� z�otace that the proposed xegulatior� zs bezn� wit�adra� under
subparagraph (B)(ii), together wiih the finding on which the withdrawal is
based.'.
(2) CONF'0�21VIING.A.ME]�TI�l�ENT'S- Sectior� 4(b)(6) (16 CTaS.C, R533(b)(6)) �s
amended--
(A) in subparagraph (�)(i), by striking ' or revision°;
(B) in subparagraph (B)(iii), by striking 'or xevision concerned, a finding that the
rev�sio� should not be mad�,'; an�
(C) by strilcing subparagraph (C).
(e) USING BEST DATA- Section 4(b)(8) (16 U.S.C. 1533(b)(8)) is amended--
(h) by strxkin� °tfi�e data° �%llC� 1TAS0If$AXi� '�he bes� scientif�c and coa�nerc�al data availafl�Ye"9
(2) by striking °regulation; and �f such regulation designates or revises critical habitai,
such surninaay shall, to the ariaximurn extent practicable, also include a brief description
and evaluaiion �f �hose activities (whether public or pr�vate) which, in the opxniox� of the
Secretary, if unde�taken rri�y adverse�y modify such hab�tat, or tnay be affectecY by such
designation.° and inserting °regulaiion, and shall provide, to the cYegree that it is relevani
and available, information regarding the status of the affected species, including current
population, population trends, current habitat, food sources, predators, breeding habits,
captive breeding efforts, governmental and nongovernmental conservation efforts, or
other pertinent information.'; and
(3) by adding at the end the following new sentence: 'Each regulation proposed by the
Secretary to implement a determination referred to in subsection (a)(1) shall be based
primarily and substantially on peer-reviewed scientific information obtainable from any
source, including governmental and nongovernmental sources, that has been to the
maximum extent feasible verified by field testing. The Secretary shall identify any data
that is used as a basis for such a determination and that has not been verified by field
testing.'.
(� ANALYSIS OF ECONOMIC AND SOCIAL EFFECTS- Section 4(b) (16 U.S.C. 1533(b))
is amended by adding at the end the following new paragraph:
'(9) ANALYSIS OF ECONOMIC AND SOCIAL COSTS- (A) Concurrently with a
determination that a species warrants listing as an endangered species or threatened
species, the Secretary shall publish in the Federal Register with such determination an
analysis of the econom�c, social, and other public health, safety, and welfare effects the
listing may have.
' (B) The analysis shall include--
'(i) an estimate of the effects the listing may have on Federal, State, and local
expenditures and revenues;
'(ii) the costs and benefits of the listing for the private sector, including lost
opportunity costs; and
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°(ii�) an fldentification of the geo�raphic area that may be affec��d �y �he �istbn�o°,
(g) DEFINITIOI�TS- Section 3(16 LJ.S.C. 1532) is amended--
(1) by amending paragraph (20) to read as follows:
°(20) `The �err� °ihreatened spec�es° means any species that is likely to becor3ne �a�
endangered species within the foreseeable future throughout a11 or a significant portzon
of its range, and the population of which is declining or has declined from known
historic populations levels and beyond the normal population fluctuations for the
spec�es.°; and
�2) b� adding ai the end �he folflow�ng:
'(22) The term ' best scientific and commercial data available' means factual informatzon,
including but not limited to peer reviewed scienii�'ic information an.d genetic cYata,
ob�ainable from �ny source, includ�n� gover�ental a�d nongovexrime�tal sources,
w�aich has been to th� rnaz�iinum e�tent �easibl� vergfied by feld test�n�.
'(23) The term 'species' includes any subspecies of fish or wildlife or plants, and any
distinct populatzon of an� species o�'vertebraie �sh or wildlife vvhxch interbreeds vahen
gnature, ur��ess sucF� distinct po�uYation �s deternnined to be endangered c�r threater�ec�
under the �aw of the State fln vvhich it �s fourad and such law proh�bits the unperra�iitecY
take of such species.'.
SEC. 102. PEER REVIEW.
Section 4(� (16 U.S.C. 1533(�) is amended to read as follows:
' (� PEER REVIEW REQUIREMENT-
'(1) DEFINITIONS- In this subsection:
' (A) 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 designation, or revision of the designation, of critical habitat for an
endangered species or a threatened species under section 5(lc);
'(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); and
'(v) the issuance of any regulation or criteria establishing speciiic mitigation
obligations with respect to a species.
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°(�) 'I'he ierm ° quali�'ied individual° rrxeans an indivzdual with expertise in the
biological sciences--
°(i) who �s �iy vzrtue of acYvanced education, txairning, �r avocatiox��l,
academic, �ommercial, research, or other experience competent to review
the adequacy �f any scie�.tific xnethodology supporting the action, the
validity of any conclusions drawri fr�� tlhe supportin� data, ancY th.e
compe�ency of the individual w�a conducted th.e research ox prepared the
data;
'(ii) who is not otherwise employed by or under contract to the Secretary or
the State in which the species is located;
'(iii) who lhas not actively participated in the prelisting or listing �processes
or advocated that a listing decision be made;
'(iv) who has not been employed by or under contiract to the Secretary or the
State in which the species is located for woxlc related to the action or species
unc�er considexa,tion; a�d
'(v) vvho has rao dzrect financia� interest, and is not empYoyed Y�y any persor�
with a direct �nancial interest, in opposing the action under consideration.
'(2) LIS'I' OF PEER REVZEWERS- In order to provide a substantial list of individuals
vvho on a voluntary basis are available to participate in peer review of actions, th�
Secretary shall, through the Federal Regisier, through scientific and commercial journals,
and through the National Academy of Sciences and other such institutions, seek
nominations of persons who agree to peer review an action upon appointment by the
Secretary.
'(3) APPOINTMENT OF PEER REVIEWERS- Before any action shall become final,
the Secretary shall appoint, from among the list prepared in accordance with paragraph
(2), not more than 2 qualified individuals who shall review, and report to the Secretary
on, the scientific information and analyses on which the proposed action is bas�d. Th�
Governor of each State in which the species is located that is the subject of the proposal,
rnay appoint up to 2 qualified individuals to conduct peer review oithe action. If any
individual declines the appointment, the Secretary or the Governor shall appoint another
individual to conduct the peer review.
'(4) DATA PROVIDED TO PEER REVIEWER- The Secretary shall make available to
each person conducting peer review all scientific information available regarding the
species which is the subject of the peer review. The Secretary shall not indicate to a peer
reviewer the name of any person that submitted a petition for listing or delisting that is
reviewed by the reviewer,
'(5) OPINION OF PEER REVIEWERS- The peer reviewer shall give his or her opinion
with ragard to any iechnical or scientific deficiencies in the proposal, whether the
methodology and analysis supporting the petition conform to the standards of the
academic and scientific community, and whether the proposal is supported by sufficient
credible evidence.
'(6) PUBLICATION OF PEER REVIEW 1ZEPORT- The Secretary shall publish with
any final regulation implementing an action a sumrrYary of the report of the peer review
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�anel noiix�g poin�s o�' disa�reemer�t beiween peer revaewers, if any, and the �esponse of
the Secxetary �o the report, �'k�e report of the peer rev�ewers shall be ancluded in the
official record o#'the proposed action and shall be available �'or public review prior to ihe
close of the Gognment per�od on the regulation.`.
SECm 103o IVI�:�IVG DA�A PU�IJICe
(a) PUBLIC DATA- Section 4(b)(3) (16 U.S.C. 1 S33(b)(3)) is further amended by adding at
the end the following new subparagraph:
'(I-�)(i) All data or information consideredl by the Secretary in making the deierminaizor�
to list as provided in this section, shall be considered publzc information and shall be
subJect to section 552 of title 5, iJnited States Code (commonly referred to as the
'Freedon:� of Information Act') unless the Secretary, for good cause, detexmines that th�
�nformation must be kept confidential. The burden shall be on the Secretary to prove tha�
such anfornnation sha11 be confidential and such deciszon shall be reviewable by a district
c�urt of competent jurisdiction, wh�c�i shall review the deazsion in chambers. Good cause
can include tha� the �nforrnatzon is o� a proprietary nature or that release of the locaiion
of the species may endanger the species further.
'(ii) �'ha Secretary shall not publish or otherwise pubYicly disclose the location of
particular private prope�rty as habitat for a species which is determined to be an
�ndanger�d sp�czes or �hreatened spec�es or proposed to be deterrnine� to be an
endangered species ar tl�reatened species, unless the Secretary first noiifies ihe owner
thereof and receives the consent of the owner, or the information is otherwise public
information.'.
(b) NOTICE OF HEARINGS AND PUBLIC MEETINGS- Section 14 is amended to read as
follows:
' SEC. 14. PUBLIC HEARINGS AND PUBLIC MEETINGS.
'(a) IN GENERAL- Except as otherwise provided by this Act, the Secretary shall provide
notice of any hearing or public meeting at which public comment is accepted under this Act by
publication m the Federal Register and in a newspaper of general circulation in the location of
the hearing or public meeting at least 30 days prior to the hearing or public meeting.
'(b) PUBLIC MEETINGS- Each public meeting held pursuant to this Act shall provide an
opportunity for the public to make statements and receive information and answers,
respectively, from the agency regarding all aspects of and questions regarding the petition or
other matter that is the subject of the public meeting. To the maximum extent practicable, the
Secretary shall ensure that members of the public are provided with the information sought at
the public meeting.'.
SEC. 104. JUDICIAL REVIEW.
Section 4(16 U.S.C. 1533) is further amended by adding at the end the following new
subsection:
'(j) JUDICIAL REVIEW OF DETERMINATIONS- Any final determination that a species is a
threatened species or endangered species shall be subject to a de novo judicial review with the
court determining whether the decision is supported by a preponderance of the evidence.'.
SEC. 105. STATE CONSULTATION ON FINAL DETERMINATIQ�T.
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Se�t�orn 4(A) ��6 �J,S.�a 1533(i)) is a�nended to xead as fo�lo�rse
'(i) SUBIVIISSION TO STA'�E .AGENCY OF JUSTIFICATION FOR REGULATIONS
INCONSISTENT WITI� STATE AGENCY'S COMMENTS OR PETITION- If, in the case of
any �egu&atior� pxo�osed by �he Secz�etary a��der the authority of th�s seciion, a Govexnor who
c�r�sulted wiih the Secretary irz accordance with subsection (b)(5)(!-�)(ii) files co�rr�erats
disagreeing vaiih al� ox par� oithe �rop�sed xe�ulat�on, the S�cretary shal� no� bssue a, £'inal
regulation that is in confl�ct vvith such commenis until the Secretary fur�her consuits with $he
President. If the Secretary adopts a final regulation in conflict with comments made by the
Governor of a State or fails to adopt a regulation pursuant to an action petitioned by a Governor
under subsection (b)(3), the Secreiary shall submit to the Governor a vvritt�n justiiication for
the failuxe of th� Secretary to adopt xegulations consistent with the com.ments or petition of the
Governor.°.
SEC. 106. DE�ERMINATIONS BY THE SECRETARY TO DELIST.
Section 4(c)(2) (16 �J.S.C. 1533(c)(2)) is amended to read as follows:
'(2) The Secreiary shall--
'(A) conduct, at least once every 5 years, a review of al� species included bn a list whic�a
�s publish�d purs�amt to �aragra�ln (A) and which fls in effect at the time of sazch revxew9
and
'(B) determine on the basis of such review whether any such species should--
'(i) be removad from such list, which shall be proposed within 90 days o� the date
upon which it is determined that--
'(I) new data or a reinterpretation of prior data indicates that the previous
determination was in error;
'(II) the species is extinct; or
'(III) the recovery goal established for the species in a recovery plan under
section 5(e) has been achieved;
'(ii) be changed in status from an endangered species to a threatened species; or
'(iii) be changed in status from a threatened species to an endangered species.
Each determination under subparagraph (B) shall be made in accordance with the provisions of
subsections (a) and (b) of this section.'.
SEC. 107. COOPERATION WITH THE STATES.
The first sentence of section 4(h) (16 U.S.C. 1533(h)) is amended to read as follows: 'The
Secretary shall develop in cooperation with the States, and publish in the Federal Register,
agenc� guidelines to ensure that cooperation with the States is achieved efficiently and
effectively.'.
TITLE II--COMPLYING WITH ALL FEDERAL LAWS AND MISSIONS
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SEC. 201. BALANCING ESA WITH OTHER LAWS AND MISSIONS.
(a) �EI�EI��, AGEI�ICY ACT'�(.�I�tS- Sectaor� 7(16 LJ,S,Co 1536) is �ne�dec�--
(1) by amendin� the nnatter preceding subsect�on (�)(2) to xead as follows:
° SECm io II�TTEI2�.G�l�CI' C�OPEI2.�`�IO�To
'(a) FEDERAL AGENCY ACTIONS AND CONSULTATIONS-
'(1) PROGRAMS ADMINISTERED BY THE SECRETARY OF THE INTERIOR- The
Secretary shall review other programs administered by the Secretary and utilize such
programs in iurtPnerance of the purposes of this Act. ]Except as provided in section 5(lc)
(2), all other Federal agencies shall, consisient with their primary missions and in
consultation with and with the assistance of the Secretary, utilize their authorities in
fa�rtl�exance of �h.e purposes of this .Act by carryzng out programs for the consexvation of
er��angerec� spec�es ��d tYxreate�ed spe�ies flisted pursuant to sect�on 40°9 �r��
(2) by addzng at the end of subsectgon (a) the foll�wzn�a
'(5) INITIATION OF CONSULTATION- A Federal agency that receives a request
under paragraph (3) shall initiate consultation within 15 days after the date on which the
request is received from the permit or license applicant.
'(6) DEMONSTRATION BY SECRETARY REQUIRED- If the Secretary asserts the
applicability of section 7 to any property, the Secretary shall have the responsibility of
demonstrating, based on the best information available at the time any consultation under
this subsection is initiated, that--
'(A) a threatened species or endangered species or its respective critical habitat is
located in the geographic area that is the subject of the consultation; and
'(B) such proposed action will jeopardize the continued existence of a threatened
species or endangered species.
'(7) PROHIBITION ON OPINIONS BASED ON INSUFFICIENT DATA- The
Secretary shall not issue an opinion under subsection (b) that a proposed action will
jeopardize the continued existence o� a ihreatened species or endangered species based
on the insufficiency of available data on the impact of a proposed action on such species.
'(8) EFFECT OF LISTING ON EXISTING PLANS-
'(A) DEFINITION OF ACTION- For the purposes of this paragraph, the term
' action' includes the adoption of land use plans under the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.) and land and resource
management plans under the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1600 et seq.), as amended by the National Forest
Management Act of 1976 (16 U.S.C. 1600 (note)).
'(B) REINITIATION OF CONSULTATION- Whenever a determination to list a
species as an endangered species or a threatened species or a designation of critical
habitat requires reinitiation of consultation on an already approved action, the
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cons�Ytataon sP�all co�aamence pxomptly, but not later than 90 cYays after the date of
the determination or cYesignaiiom, and shall be completed not iater thar� 1 year after
the date or� whicla the consultation is commenced. During that 1-year period, the
site specific actions referred to in subparagraph (C) nr�ay not be enj oined under th.is
Act based on that listing.
°(�) SI'I'�-SPECIFIC ACTgONS DUItING CONSLJLTATION- Notwiths�anding
subs�ction (d), the Federal agency implementing the land use plan or land and
resource rr�anagement plan �nder subparagraph (B) may authorize, fund, ox carry
out a site-s�eci�'ic ongoing or previously saheduled action withir� t�xe scope of �he
plari on the lands pa°ior to c�mpletgn� consult�,tion �� the plar� under subp�ra�raph
(�) purs�ant to the co�s�altatgor� procedures of this sectior�. ar�d �elated x��azla�xoa�s,
af �
'(i) no consultation on the action is required; or
'(ii) consultation on the action is required, the Secxetary issues or has issued
a biological opinion, and the action satisfies the requirements of this section.
°(9) RELATIONS�IIP TO DUTIES LTNDEIZ. OTHER LAWS- (A� The responsibilities
�f a F�dera� a�ency ax�dez� this .Act slaall not supersed� and sha,fl� be amplernente� An a
rriaa��xe� consflstent w�t� duties assigned io the Federal a�ency by any o�her lavtYs s�r b�
a�ay trea$ies.
'(B)(i) If a Federal agency determines that the responsibilities and duties described in
subparagraph (A) are in irreconcilable conflict, the action agency shall request the
President to resolve the conflict.
'(ii) In determining a resolution to such a conflict, the President shall consider and
choose the course of action that best meets the public interest and, to the extent possible,
balances pursuit of the recovery objective or the purposes of the recovery plan with
economic and social needs and pursuit of the purposes of the other laws or treaties. The
authority assigned to the President by this subparagraph may not be delegated to a
member of the executive branch who has not been confirmed by the Senate.'.
(b) PROCEDURES FOR CONSULTATION- Section 7(b) (16 U.S.C. 1536(b)) is amended--
(1) by adding at the end of paragraph (1) the following:
'(C) If consultation is not concluded and the written statement of the Secretary required
under paragraph (3)(A) is not provided to the Federal agency by the applicable deadline
established under this paragraph, the requirements of subsection (a)(2) shall be deemed
met and the Federal agency may proceed with the agency action.'; and
(2) by amending paragraph (2) to read as follows:
'(2) OPPORTUNITY TO PARTICIPATE IN CONSULTATIONS- (A) 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) prior to the development of a draft biological opinion under paragraph (3),
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
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reasonable and prudent alternatzves (if a jeopardy opinion is to be issued) that the
�ederal agency a�d �he person can take to a�oid vzolat�on of subsectior� (�,)(2);
°�ii) receive information, on xequest, subject to the exemptions speci�'iecY in section
S52(b) of t�tle 5, iJnited States Code, on the status of the species, threats to the
species, and c�nservatzon ncieasures, used by the Secretary to develop the draft
bioYogical opinion and �he final biolo�ical opir�ion, including the assoc;iated
�ncidemtal tak�ng s�ate��nts; �n�
'(iii) receive a copy of the draft biological opinion from ihe Federal agency and,
prior to issuance of the final biological opinion, submit comments on the draft
biological opinion and discuss with the Secreta,ry and the �ederal agency the basis
fox any �ndimg �n the draft biolo��cal o�inion,
'(B) If reasonable and prudent alternatives are proposed by a person under subparagraph
(A) and the Secretary does not include the alternatives in the iinal biological opinion
under paragraph (3), the Secretary shall explain, in writing, to the person. why those
��texnatives we�e not ir�cYuc�ec� zra the opxniox�a
°(C) Consultatio� under subsect�on (a)(3) shall ba concludecY wzthin such perzod as is
agr�eable to th� Secretary, the Federal agency, an� the applicant concerned.°.
(�) ��SOI�iABI,E ANI� PR.LJ�ElV'T AI,TIEhZNA'TIVES- Section 7(b)(3) (16 LJ,s.c. �536(b)
(3)) is aanended by addin� �t the eaxd the fo�lowinge
'(C) In the development of an opinion under this paragraph with respect to public lands,
the Secretary shall solicit and utilize information and advice regarding those lands from
the Governor of each State in which the lands are located. With respect to nonpublic
lands, the Secretary shall solicit such advice only upon the request of the affected
landownar.
'(D) Unless required by law other than subsections (a) tkirough (d), the Secretary, in any
opinion or statement under this subsection concerning an agency action (including any
reasonable and prudent alternative suggested under subparagraph (A) or any reasonable
and prudent measure specified under clause (ii) of paragraph (4)), and the head o� the
Federal agency proposing the agency action, may not require, provide for, or recommend
the imposition of any restriction or obligation on the activity of any person that is not
authorized, funded, carried out, or otherwise subject to regulation by the Federal
agency.'.
(d) DEFINITIONS- Section 3(16 U.S.C. 1532) is further amended by adding at the end the
following:
'(24) The term 'reasonable and prudent alternative' means an alternative to an agency
aation that--
'(A) can be implemented in a manner consistent with the intended purpose of the
agency action or the activity of a non-Federal person under section 10;
'(B) can be implemented consistent with the scope of the legal authority and
jurisdiction of the Federal agency;
'(C) is economically and techn�logically feasible for the applicant or non-Federal
person to undertake;
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'(I)) ihe Secretary believes wou�d avoid being likely to,�eopardize the continued
existence o� the species;
°(E) does not exceed ir� nature, scope, and extent the effect of �he proposed activity
that is the subject of the consultation; and
'(F) both prevents the agency action concerned from j eopardizing the continued
ex�sience of the species and imposes the least socia� and econorr�ic cost possible.
'(25) 'The term 'like�y to jeopardize the continued existence of, with respect to an action
or aciiviiy affecting aa� endangexed species or a threatenec� species, �neans an aciioa� or
activity tha� si�nifcantly dinninzshes the lilcelihood of the survival of the sp�cxes Y�y
significantly �°educin� the numbers or distrib�tion of the �m�i�e specaes.°o
(e) RESTRICTION ON NEW OR ADDITIONAL REQUIREMENTS- Section 7(b) (16 U.S.C.
1536(b)) is amended by adding at the end the following:
'(5) The Secretary shall provide to each applicant for a permit or license that is subject to
consultation under this seciiom a written stateznen� ihat shall guaraniee that, so Yong as the
project at zssue is carried out consistent with the statement issued under paragraph (4), the
applicant shall not be subject to new or additional requirements for the specific protection of
any species identified in the statement beyond the requiremernts set forth in the statement. All
Federal entities shall be bound by the Secretary's guarantee.
'(6)(A) The Secretary shall not refuse to provide an incidental take statement under paragraph
(4), unless the Secretary has provided to the agency and the permit applicant--
'(i) all conditions for issuance of the statement, in writing; and
'(ii) an opportunity for the agency and the permit applicant to provide a written response
to the conditions.
'(B) Any refusal to provide an incidental take statement without first providing the written
conditions therefore and providing an opportunity to respond in accordance with subparagraph
(A), is deemed to be arbitrary and capricious.
'(7) The Secretary may not require any measures under subsection (b)(4) that exceed in nature,
scope, or effect the impact of the taking for which the statement is issued.'.
SEC. 202. ACTIONS NOT 1ZEQUIRING CONSULTA'I'ION AND
CONFERENCING.
Section 7 is amended by adding at the end the following:
'(q) ACTIONS NOT REQUIRING CONSULTATION AND CONFERENCING-
'(1) IN GENERAL- Consultation and conferencing under paragraphs (2) and (4) of
subsection (a) shall not be required for any agency action that--
'(A) xs consistent with the provis�ons of a final recovery plan ur�der section S;
'(B) is consis�ent with a cooperative management agreemen� under section 6 or an
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incidental talcing permit under section 10; or
'(C) consists of routine operation, maintenance, rehabilitation, repair, or
�eplacernent to a�'ederal or �on-Federal �roject or facility, including opexatiox� of a
proj�ct or facilaty ar� accordance �vith a prev�ously �ssued F'�deral ��cense, pe�°r�it,
c�r othe�° authorizatzo�,
'(2) ElV1ERG�I�CX CONSULT.E1�'IONS- In response to, or to preveni or minimize
damage frorr�, a natural event or othex ernergency, consultation under subsectior� (a)(2)
rnay be waived by a Fedaral age�xcy for the repair or n:�aintenance �f a na�ural �as
pipeline, hazardous liquxd pzpeline, flood control facaliiy, cax e�ectrical �astxzb�.�ior�
transmission9 or substation facility, zf the repair or maixatenance is n�cessary to address a
probable imminent threat to human iives or a probable and significant threat to the
environrnent. If a consultation is required by the Secretary for such repazr or
maintenance, it shall be completed within 10 days of any request by the applicant for
consultation. Any measure required to be taken to avoid take for an activity that is the
subject of such a waiver may noi exceed in nature, scope, and extent the effect of the
activity and shall not be required prior to the completion of the repair or mainienance
action.
'(3) ACTIONS NO'I' P1ZOH�BITED- An agency action shall not constitute a talcing of a
sp�cg�s proh�b�tecY by �hxs Ac� or �ny regulation �ssued under this Act i£the action as
�onsistent �atla-�
'(A) the actions provided for in a final recovery plan under section 5;
'(B) a cooperative management agreement or an incidental take permit; or
'(C) the terms and conditions specified in a written statement provided under
subsection (b)(3) of this section.'.
SEC. 203. ELIMINATING THE EXEMPTION COMMITTEE.
(a) CONFORMING AMENDMENTS- Section 7(c) (16 U.S.C. 1536(c)) is amended--
(1) in the first full sentence by striking '(1) To facilitate' and inserting ' To facilitate'; and
(2) by striking paragraph (2).
(b) PRESIDENTIAL EXEMPTIONS- Section 7(e) (16 U.S.C. 1536(e)) is amended to read as
follows:
'(e) EXEMPTIONS- Notwithstanding any other provision of this Act--
'(1) the Secretary shall grant an exemption from this Act for any activity if the Secretary
of Defense determines that the exemption of the activity is necessary for reasons of
national security; and
'(2) the President may grant an exemption from this Act for any area thaC the President
has declared to be a major disaster area under The 1Zobert 'I'. Stafford Disaster Re�ief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) for any project for the repair or
replacement of a public facility substantially as the facility existed prior to the disaster
under section 405 or 406 of that Act (42 U.S.C, 5171 and 5172), if the President
determines that the project--
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'(A) is necessary �o prevent the xecurrez�ce o� suah a a�atural dxsaster or to reduG�
the potential loss of hu�nan �ife; and
'(�) involves an erz�ergency situation that makes tlae applicatiox� of the procedures
�f this Ac� (otlaer tha� th�s subse�tion) �mpractical.°,
(c)1ZE1'EAY,- Section 7(16 ZJ.S.C. �536) is further a,mended--
(1) by striking subsections (� through (n) and subsection (p);
(2) ar� subsec�ion (o)--
(A) by striking the heading and inserting the following: 'EXCEPTION FOR
TAKING IN ACCORDANCE WITH STATEMENT- '; and
(�) by siriking 'such sectnon--° and all tha� fo�laws through '(2) amy takbng° and
ansert�ng ° such section, any taking°; and
(3) by redesignating subsection (o) as subsection (�,
TITLE III��PERMITTING AND ENFORCEMEN�
SEC. 301. PROTECTING PUBLIC HEALTH AND SAFETY.
(a) IN GENERAL- Section 9(a) (16 U.S.C. 1538(a)) is amended by adding at the end the
following:
'(3) PROTECTING PUBLIC HEALTH AND SAFETY- An activity of a non-Federal
person is not a taking of a species for purposes of paragraph (1) i�the activity--
'(A) addresses a critical, probable threat to public health or safety or a catastrophic
natural event, or is mandated by any Federal, State, or local government agency
for public health or safety purposes; or
'(B) is incidental to, and not the purpose of, the carrying out of an otherwise
lawful activity that consists of--
'(i) ongoing maintenance, routine operation or use, and emergency repair of
existing pipelines, flood control facilities or projects, fire breaks,
transmission and distribution lines, groundwater recharge facilities and
areas, water storage and recycling facilities, water drainage or water
conveyance structures and channels, and appurtenant facilities;
'(ii) road and right-of-away maintenance, use, and repair; or
'(iii) emergency repair or restoration of any property or non-Federal facility
tio the condition in which it existed or operated immediately before an
emergency or disaster, meeting current standards.'.
SEC. 302. INTERVENTION IN CITIZEl�T SUITS.
Section 11(g) (16 U.S.C. 1540(g)) is amended--
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(1) by amending so much as precedes paragraph (1)(B) to read as follows:
`(�) c�'�`�z�N ��.TI'�'S-
°(1) IN GEI�1ElZA.L- Excepi as provzded in paragraph (2), a civil suit rr�ay be coxnrnenced
by ar�y �erson on Jhis or her own behalf, who satisfies the requirerr�ents of the
Constitutior� amd who has sufFexed or �s thxeaten�ed with economrc or other znj�xry
resultin� from the vio�atio�, pegu�ation, applicatior�, nonapplication, or failure to actmm
`(A) to enjoin the �Jrnited S�ates or any agex�cy �r official of ihe LTnited S�ates wh�
is alleged to be in violation o� any provis�on of t�is Act or regu�atzon Ass�aed u�ader
ihe authority thereof, i�the violation poses immediate and ixreparable harzn to a
threatened species or endangered species;` and
(2) by adding at the end the following:
'(6) INTERVENTION- Any person may intervene as a matter of right in. any civil suit
brought under this subsection if such suit presenis a xeasonab�e threat of econornzc �njury
�o such �erson. Any an�ervenor ur�der �his paragra�la shall hav� t�e sarrie right ta present
ar��.unent and to accepi or reject potemtial settlements as do the part�es to the suzt.°.
s�co �o�� a��������� ��� �����s�
(a) SPECIES CONSERVATION PLANS- Section 10(a)(2) (16 U.S.C. 1539(a)(2)) is amended
to read as follows:
'(2) SPECIES CONSERVATION PLANS- (A) No permit may be issued by the
Secretary authorizing any taking referred io in paragraph (1)(B) unless the applicant
therefor submits to the Secretary a species conservation plan that specifies--
'(i) the impact on the species which will be the likely result of the taking to be
permitted;
'(ii) what steps the applicant can reasonably and economically take consistent with
the purposes and objectives of the taking to minimize and mitigate such impacts,
and the funding that will be available to implement such steps; and
'(iii) what alternative actions to such taking the applicant considered and the
reasons why such alternatives are not being utilized.
'(B) If the Secretary finds, after opportunity for public comment, with respect to a permit
application and the related species conservation plan that--
'(i) the taking will be incidental;
'(ii) the applicant will, to the extent reasonable and economically practicable,
minimize the impacts of such talcing;
'(iii) the applicant will ensure that adequate funding for the plan will be provided;
'(iv) the taking will not appreciably reduce the likelihood of the survival and
recovery of the species; and
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'(v) the measures specified under subparagraph (A)(ii) will be met;
and the Secretary has recex�ed. such othex assurances as ihe Secretary may req�ixe tha,t
the plan vvilfl be �mpYem�nted, the Secretary s&�aYl issu� the �erznit. The �eran,i� sha��
co�tagr� such reasonable amd ecor�o�Ycally ��°acticabYe terrx�s �r�d cor�ditio�s cc�nsistent
wxi� the purposes and obje�taves of the activity as ihe Secretary deerns necessary to carry
out the purposes of this paxagraph, including, but not limited to, such reporting
requirements as the Secretary deems necessary for determining whether such terms and
conditions are being aomplied with. T'he SeGretary shall incl�de those terms and
cond�t�ons that accomplish the �oals �f this sectian for the least cost to the permit
appYicanie
°(C) The Secretary may not require the applicant, as a condition of processing the
applx�ation or assuing the permit--
e(fl) to expancY the app�icaiion �o in.c�ude fland, �nn interes� in Yan�, � right to use or
receive water, or a proprietary watar right not owned by the applicant or io address
a speczes other than the species for which the application is made;
'(ii) to carry out mitigation thai exceeds in nature, saope, or effect the impacts of
the takimg �or which the pexrriit is issued;
'(iii) to minimize and mitigate for loss of habitat resulting from activzties under the
permit, in an area of land greater than the area of land that is subject to impacts for
which the mitigation is required; or
'(iv) to expend an aggregate amount greater than the cost of fencing and
preserving current conditions of the land on which activities are conducted under
the permit.
'(D)(i) The Secretary shall complete the processing of, and approve or deny, any
application for
a permit under paragraph (1)(B) within 90 days of the date of submission of the application or wzthin
such other period of time after such date of submission to which the Secretary and the permit
applicant mutually agree.
'(ii) The preparation and approval of a species conservation plan and issuance of a permit
with respect to nonpublicly owned lands under paragraph (1)(B) shall not be subject to
section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
'(iii) If the Secretary considers a plan submitted under subparagraph (A) to be
insufficient or incomplete, the Secretary shall respond in writing to the applicant within
30 days after receiving the application, stating why the application is incomplete or
insufficient and stating any additional conditions that must be met for the issuance of the
permit. Any denial of a permit under paragraph (1)(B) without first providing such
conditions in writing is deemed to be arbitrary and capricious.
'(iv) If the application is resubmitted after the Secretary responds under clause (iii), the
Secretary shall, within 60 days after receiving the resubmitted application--
' (I) issue the permit;
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°(II) ai the request of the permit app�icant, provide wxitten reasons for refusaY �o
complet� consideration of the application; or
'(III) fornn.ally de�y the permit, in writing, stating the reasons for the denial.
°�E) �Io co�su�tation as requarecfl under section 7 fox__
°(�) any action �y a perxnit�ee under this section that is authorized by the terms and
condit�or�s of t�ae pexznit;
'(gi) any action by �h� Secr�ta�°y aa� arnplerx�ent�n�, e�forc�ng, o� �onitorin�
cornpliance wiih a permi� under t�xis sectzon, or
'(iii) the issuance, amendment, or renewal of any permit under this section, if the
Secretary determines that the issuance, amendment, or renewal, respectively, will
not appreaiably reduce the likelihood of t�e survival and recovery oi any species
t�at is au�horzzed to be �akex� �r�dex the permit.
'(F) No additional measures to minimize and mitigate impacts on a species that is a
subject of a permit issued under paragraph (1)(B) shall be required of a permittee that is
in c�rrri�liance with the perm.it. With respect to any species that is a, subject �f such �,
permit, urider n� cixcurra.stance sha�l a perrnittee in complza,r�ce vvith the perraa%t be
requiped to rr�ake any addit�onal payrnen� for any purpose, or accepi any additional
restriction on any parcel of land available for development or land management or any
water or water-related right under the permit, without the consent of the permittee.
'(Cp) After providing a permittee notice and an opportunity to make appropriate
corrections, the Secretary shall revoke a permit bssued under this paragraph if the
Secretary finds ihat ihe permittee is not complying with the terms and conditions of the
permit or the species conservation plan required for the permit.
'(H) Notwithstanding any other provision of law, a person may not commence any action
or proceeding to challenge the approval of a permit under this section unless suit is filed
within 45 days after publication in the Federal Register of notice of issuance of the
permit.'.
(b) LIMITATION ON MITIGATION REQUIRED FOR INCIDENTAL TAKE PERMITS-
Section 10 of the Endangered Species Act of 1973 (16 U.S.C. i 539) is amendad by adding at
the end the following:
' (lc) LIMITATION ON REQUIRED MITIGATION-
'(1) IN GENERAL- Subsection (a)(2) does not require, and the Secretary may not
require as a term or condition of a permit under subsection (a)(1)(B), that a permittee �or
a public project take any measures to minimize or mitigate impacts o�a taking under the
permit--
'(A) if the costs of �mplementing such measures will exceed 10 percent of the total
project costs of the public project; or
'(�) for any activity that occurred prior to the date of the issuance of the permit.
' (2) DEFINITIONS- In this subsection--
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'(A) the term 'public project° means any construction project that is carried out or
:�unded (ia� whole or in part) by a Federal, State, or local agerncy; and
°(B) t�e term� 'total project costs° aneans the aggregate costs of ac�uiring 1ax�d and
�arrying out construction.°o
SECo 304o S�F'E �IA1t�Olt AG1tEElVIEIVTS.
Section 10 (16 U.S.C. 1539) zs further amended by adding at the end the following:
'(1) Safe �Iarbor Agreements-
' ( � ) A$re�r�ex�ts-
'(A) IN (sENER�L- The Secretary may enter into agreements with non-Federal
persons �o beneizt the conservation of endangexed species or threatened species by
creating, restor�ng, or zxnproving habitat or by maintaining currentYy unoccupied
habitat fox endangered species o� threaten.ed species. LJ�.dex an. agreerment, the
Secretary shall per�nit the person to iake endangerecY species or threa�ened species
included under the agreemeni on lands or waters that are subject to the agreement
if the taking is incidental to, and not the purpose of, carrying out of an otherwise
lawful activity, and does not violate the baseline requirement established under
subparagraph (�).
'(B) BASELINE REQUIREMENT- For each agreement under this subsection, the
Secretary shall establish a baseline requirement that is mutually agreed upon by
the applicant and the Secretary at the time of the agreement that will, at a
minimum, maintain existing conditions for the species covered by the agreement
on lands and waters that are subjeet to the agreemeni. �'he baseline requirebnent
may be expressed in terms o�°tlne abundance or distributzon of encYangerecY species
or threatened species, quantity or quality of habitat, or such other indicators as
appropriate.
'(2) STANDARDS AND GUIDELINES- The Secretary shall issue standards and
guidelines for the development and approval of safe harbor agreements in accordance
with this subsection.
'(3) Financial assistance-
'(A) IN GENERAL- In cooperation with the States and subject to the avaxlability
of appropriations to carry out this section, the Secretary may provide a grant of up
to $10,000 to any individual private landowner to assist the landowner in carrying
out a safe harbor agreement under this subsection.
'(B) PROHIBITION ON ASSISTANCE FOR REQUIRED ACTIVITIES- The
Secretiary may not provide assistance under this paragraph for any action that is
required by a permit issued under this Act or that is otherwise required under this
Act or other Federal law.'.
TITLE IV--RECOVERY PLANNING
SEC. 401. RECOVERY PLANNING.
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(a) REDESIGNATION- Section 5(16 U.S.C. 1534) is redesignated as section SA.
(b) IZECO�IERY PI,ANS- The Act is amended by inserting before seGtion SA (as redesignated
by subsection (a)) the following;
']L�C�VERY PLA.NS
° S�Ce 5 0(a) IN G�NEI�.AL- 'The Secxegary, ir� coo�eration witla t�ae States, and on ihe basis of
the bes� scientific and corr�mexcial data available, shall develop and irx�pler�ent p�laa�s (referred.
io am this Act as "recavery p�ans°) �or the aonse�°vataon and xec.overy c�� e�.d�mgered sp��ies and
threatened s�ecies that are gndigenous to the �Jnitec� States or xn waters with respect to which
�he �.Tniied States exercises sovereign righis or jurisdiction, in accorcdance with the requzrer�emts
a�d sched�les descrabed ir� this section, �nless the Secretary f nds, after not�ce and opportunity
for �ublic �ormment, that a plan w�ll not �promote the conservation of the species or because ar�
�xgsting plan or strategy to conserve the speaies alxeady serves as the functional ec�uivalent to a
xecoveny plan.
'(b) PRIORITIES- To the maximum extent practicable, the Secretary, in developing recovery
plans, shall give priority, without regard to taxonomic classification, to recovery plans that--
'(1) address significant and immediate threats to the survival of an endangered species or
a threatened species, have the greatest likelihood of achieving recovery of the
endangered species or tha threatened species, and will benefit species that ara more
taxonomically distinct;
'(2) address multiple species including (A) endangered species, (B) threatened species,
or (C) species that the Secretary has identified as candidates or proposed for listing under
section 4 and that are dependent on the same habitat as the endangered species or
threatened species covered by the plan;
'(3) reduce conflicts with construction, development projects, jobs, agriculture, private
property, or other economic activities; and
'(4) reduce conflicts with military training and operations.
'(c) SCHEDULE- For each species determined to be an endangered species or a threatened
species after the date of enactment of this subsection for which the Secretary is required to
develop a recovery plan under subsection (a), the Secretary shall publish--
'(1) not later than 18 months after the date of the publication under section 4 of the final
regulation containing the listing determination, a draft recovery plan; and
'(2) not later than 30 rr�onths after the date of publication under section 4 of the final
regulation containing the listing determination, a final recovery plan.
'(d) APPOINTMENT AND ROLE OF RECOVERY TEAM-
'(1) IN GENERAL- (A) Not later than 60 days after the date of the publication under
section 4 of the final regulation containing the listing determination for a species, ihe
Secretary, in cooperation with the affected States, shall either--
'(i) appoint a recovery team to develop a recovery plan fo� the species; or
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'(ii) provide to each affected State and publish a notice that a xec�very team will
not be appointed, stating the reasons for not appointing a recovery team; and
'(B) Upon request by the Governor of any State in which the species occurs made after
p�ablica�ion. of notic� umde� subparagraph (A)(�i), the Secretary slxall, as rec�uested by the
Governox--
°(i) appoint a xecovery team �o develop a r�covery plar� undex �hYs sec�io�; or
°(i�) delegat� to the Governor, �ndea� subsectior� (1), the autho�ity �f the Secretary
to develo� � rec�very plan fox the species £or that Stat�o
'(2) APPOINTMENT OF RECOVERY TEAM- (A) The recovery team shall consist of -
'(i) experts in biology or pertinent scientific fields, economics, property law and
regulation, and other appropriate disciplines, including from the private sector;
'(fla) a xepresentative r�ozninated by the Governor of each affe�ted State;
'(�ii) represemtatives nominaied by each af�ected local government, �f ihe �ocafl
government agrees to the appointment of a, representative; and
'(iv) representatives of persons who may be directly, economically impacted by
the conservation plan.
'(B) The chairman of the team shall be selected by the team from among its members
who are representatives of States or local governments.
'(3) DUTIES OF THE RECOVERY TEAM- (A) Each recovery team shall prepare and
submit to the Secretary the draft recovery plan, which shall include recovery strategies
recommended by the team and alternatives, if any, to meet the recovery goal under
subsection (e)(1). The recovery team may also be called on by the Secretary to assist in
the implementation, review, and revision of recovery plans. The recovery team shall also
advise the Secretary concerning the designation of critical habitat, if any.
'(B) The recovery team shall assass the direct, indirect, and cumulative economic and
social impacts on the public and private sectors, including local governments, that may
result from the listing determination or from potential recovery strategies recommended
under subparagraph (A), including--
'(i) impacts on the cost of governmental actions, tax and other revenues,
employment, the use and value of property, and other social, cultural, and
community values; and
'(ii) commercial activity that might result in a net benefit to the conservation of the
species.
'(C) The recovery team shall recommend to the Secretary measures to balance the
achievement of the recovery goal for a species under subsection (e) with protecting the
economic well-being of the area affected by implementation of the recovery plan for t1�e
species.
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'(4) TRAVEL EXPENSES- The Secretary may provide travel expenses (including per
diem in l�eu a�f subsistence at the same level as authorized by section 5703 of title 5,
iJn�ied States Code) to �ecc�very tea� nae�abers,
'(S) FEDERAL ADVISORY COlVIMITTEE ACT- The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the selection or activities of a recovery team
appointed pursuant to this subsection, except that meetings of the recovery team shall be
�p�n io the pu�blac �s provided �n. that A.ct �or rr�e�tangs of advisory committees,
'(e) CONTENTS OF RECOVERX ]PI,ANS AND DRA�T R.ECOVER�' PLANS-
°(1� ]�I��,O(.�ICA�, h�CC)�IE��' UC)�I,� �Tot �ater tlnan 180 c�ays aft�r �h� �ppox�t�ent
of a�ecovery tearn t�nder thzs sectxo�, the recovery team shall establ°ash an� subrnbt tc� th�
Secretary a recozrbmended b�olo�ica� reco�ery �oa� to consex�re and xec�ve� th� spe�aes
tha�, when m�t, would resuYt in the determir�a��on, in accorcYanc� �vith section 4, that the
species be removed from the list. The recovery goal shall be expressed as objective and
measurable population criteria. When the goal is met, the Secretary shall initiate the
procedures under thzs Act to remove the species from the list. The recovery team shall
also report to the Secretary the scienti�c feasibility of full recovery of the species and the
tirr�e frame in which recovery is likely to occur.
'(2) CONTENTS OF DRAFT PLAN-
`(A) IN GENERAL- Each draft recovery plan shall contain the following:
'(i) Recommendations for Federal agency compliance with section 7(a)(1)
and 7(a)(2).
'(ii) Recommendations for avoiding a taking of a listed species prohibited
under section 9(a)(1) and a list of specific activities that would constitute a
talce under section 9.
'(iii) Alternative strategies to achieve the recovery goal for the listed
species, that range from a strategy requiring the least possible Federal
management to achieve the recovery goal to a strategy involving more
intensive Federal management to achieve the goal.
'(iv) A description of economic and social impacts identified under
subsection (d)(3)(B).
'(B) REQUIREMENTS FOR ALTERNATIVE STRATEGIES- The alternative
strategies under subparagraph (A)(iii) must achieve an appropriate balance among
the following �actors:
'(i) The effectiveness of the measures in m.eeting the recovery goal.
'(ii) The length of time in which the recovery goal is lilcely to be achieved if
the time period within which the recovery goal is to be achieved will not
pose a significant risk to recovery oithe species.
'(iii) Minimizing the economic and social impacts on the public and private
sectors, including the impact on empYoyment, the cost of government
actions, ta� and other revenues, the use and value of property, and other
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social, cultural, and community values.
'(3) BENCHMARKS- The recovery plan shall include objective, measurable
ben.chmarks expected to be achieved over the course of the recovery plan to determine
whether progress is being made toward the reaovery goal. To the extent possible, cur�rent
and historical populat�on estirr�ates, along vvith other relevant factoxs, should b�
consgcYered an de�er�xa.�r�gng vvhether progress gs Y�e��g made toward nneetbn� the xeco�very
goal.
'(4) EQLTITABLE T]E�EA'�'MENT O� !�F]FEC'TEL7 S'TA'T]ES ��1I� O"�"I�ER N�N-
FEI�EI�I,1'EIZSONS- Each recovery plar� undex this sectzon shall--
(A) provide equitable treatment of each a,ffected Stai� amd all other z�om-�ederal
persons af�'ected by the plan; and
°(�� seeYc t� mninAgnize and fairly dxstribute the social amd econoxnic Gosts that gn.ay
�esult fro� �flnpler��r�tatgc�n of tY�e pla�a,
' (� PUBLIC NOTICE AND COMMENT�
'(1) I�i GENERAI,- If the Secretary makes a prelinninary determination that the draft
�ecove�y �plan �eet� tk�e require:men�s o�this section9 the Secretary shal� publish ir� �he
Federal Register, and a newspaper of general circu�ation in areas in each affected Staie
that are located as close to the affected area as possible, a notica of availability and a
summary of, and a request for public comment on, the draft recovery plan. The notice
shall include a description of the activities that will require a permit under section 10, a
descxiption of the economic and social impacts referred to in subsection (d)(3)(B), and
ihe recommendations of ihe recovery team on the recovery goal under subsection (e)(1).
'(2) HEAKINGS- At the request of any person, the Secretary shall hold at least 1 public
meeting on each draft recovery plan in each State to which the plan would apply
(including at least 1 public meeting in an af�ected rural area, if any), except that the
Secretary may not be required to hold more than 5 public meetings under this paragraph.
'(g) REVIEW AND SELECTION BY THE SECRETARY-
'(1) REVIEW AND APPROVAL- The Secretary shall review each plan submitted by a
recovery team to determine whether the plan was developed in accordance with the
requirements of this section. If the Secretary determines that the plan does not satisfy
such requirements, the Secretary shall notify the recovery team and give the team an
opportunity to address the concerns of the Secretary and resubmit a plan that satisfies the
requirements of this section. After notice and opportunity for public comment on the
recommendations of the recovery team, the Secretary shall adopt a final recovery plan
that is consistent with tha requirements of this section.
'(2) SELECTION OF RECOVERY STRATEGIES- In each final plan the Secretary
shall select recovery strategies that achieve the recovery goal and the benchmarks while
achieving an appropriate balance among the factors described in subsection (e)(2)(B),
except that the Secretary shall select the recovery strategy that would impose the least
costs and result in the least socioeconomic impacts in achieving ihe recovery goal.
'(3) STRATEGIES RECOMMENDED BY RECOVERY TEAM- If the Secretary
selects strategies other than those recommended by the recovery team, the Secretary shall
publish with the final plan an explanation of why the strategies recommended by the
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recovery team were �ot selectec� for the fina� recovery plan.
'(4) PUBLICATION OF NOTICE ON FINAL PLAN- The Secretary slaall publish an the
Federal Register a notice of availability, and a summary, of the final recovery plan, and
include in the final recavery plan a response to significant commenis that the Secretary
received or�the draft recovery plan.
'(h) ��/IEVJ-
'(1) EXISTING PLANS- Not later than five years after date of enactment of this
subsection, the Secretary shall review recovery plans published prior to that date of
enactment.
°(2) SYJ�SEQLJE�I°� P�.,,.A.I�S- Z'he Secretary shall review �ach �eccavery �fla�x �xst
approved ox xevised umder this section aftex tl�e date of �nactment of thzs subseciiorn9 �ot
later than 5 yeaxs a�ter the daie of approvai or revision of the �plara and every S years
t&�ereafte�°.
'(i) IZEVISIOI�T OF RECO�IERY I'LANS- Noiwithstanding any other provision of ihis section,
the Secretary shall revise a recovery plan if the Secxetary finds, based on the best scientific and
commercial data available, that substantial new information, which may include failure to meet
the benchmarks included in the plan, indicates that the recovery goal contained in the recovery
plan will not achieve the conservation and recovery of tha endangered speaies or threatened
speczes covered by the plan. The Secretary s]hall convene a recovery team to develop the
revisions required by this subsection, unless the Secretary has published a notice that a
recovery team shall not be appointed pursuant to subsection (d)(3).
'(j) EXISTING PLANS- Except as provided in subsection (i), nothing in this section shall
requ�re the �odifcation o� -
'(1) a recovery plan approved before the date of the enaciment of the Common Sense
Protections for Endangered Species Act; or
'(2) a recovery plan on which public notice and comment has been initiated before that
date of enactment.
'(k) Critical Habitat Designation-
'(1) RECOMMENDATION OF THE RECOVERY TEAM- Concurrent with the
submission of the draft recovery plan for a species to the Secretary, the recovery team
appointed for the species shall provide the Secretary with a description of any habitat of
the species that is recommended for designation as critical habitat pursuant to this
subsection and any recommendations for special management considerations or
protection that are specific to the habitat.
' (2) DESIGNATION BY THE SECRETARY-
'(A) IN GENERAL- The Secretary, to the maximum extent prudent and
determinable, may by regulation designate or revise an existing designation of
critical habitat of each endangered species or threatened species that is indigenous
to the United States or to waters with respect to which the United States exercises
sovereign rights or jurisdiction.
'(B) EMERGENCY AUTHORITY- The Secretary may publish a regulation
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designating critical habitat for an endangered species or a
threatened species concurrently with the final regulation implementing the determination that the
species is endangered orr threatened if the Secretary determines that designation of such habitat at ihe
time of listing is essential to avoid the innminent extinction of the species.
'(3) FAC'I'ORS T'O BE CONSIDERED- �'he designation of critical habitat shall be m.ade
on th� basis of the best scienti�'ic and connmercia� daia availa,ble amd aftex tak�ng into
cons�deraiior� the economic impact, zrnpacts to gnilitary �ra,ining �x�d o�exations, ancY aray
othex re�evan� im�aact, of specxfyzn� any particuYar area as critaGal habgtate °The Secre�ary
shaYl cYescrib� th� ecor�ornac impacts anc� other xelevar�t �mpac�s that a�e to be consicYere�
under this subsection in the publiaatzon of any proposed regulation designating critical
habitat.
°(4) PROP(JSE]D AI�TL� F'II�tA�, ]E�GL7L�1'TT��tS- Any z�eguYat�or� to desi�nate c�°��ic��
&�abYtat or implemeni a requested revision shalfl be propose� and promulgatec� �n the sa�e
manner as a reguYation io implement a deiermination with respect to Yisting a species.
'(5) ECONOMIC IMPACTS DEFINED- In this subsection, the ternn ' economic impact'
meaa�s the cumulative economic effects (including costs) resulting from the listing of a
species and the designation of critical habitat of the specnes, for communities and
industries that are located in the area designated as critical habitat or that receive revenue
from use of the area.
'(1) State Authority for Recovery Planning-
'(1) IN GENERAL- At the request of the Governor of a State, or the Governors of
several States in cooperation, the Secretary may delegate to the State agency, or to the
State agencies of such States acting jointly, respectively, the authority of the Secretary to
develop and implement the recovery plan for an endangered species or a threatened
species in accordance with the requirements and schedules of subsections (c), (d)(1), (d)
(2), and (e) and this subsection, if the Secretary finds that--
'(A) the State agency (or agencies, jointly) has entered into a cooperative
agreement with the Secretary pursuant to section 6(c); and
'(B) the State agency (or agencies, jointly) has submitted a statement to the
Secretary demonstrating adequate authority and capability to carry out the
requirements and schedules of subsections (c), (d)(1), (d)(2), and (e) and this
subsection.
'(2) RESPONSE TO CONCERNS OF SECRETARY- If the Secretary finds that a State
agency lacks any authority or capability required under paragraph (1)(B), the Secretary
shall notify the State agency and provide the State agency with an opportunity to address
the concerns of the Secretary.
'(3) STANDARDS AND GUIDELINES- The Secretary, in cooperation with the States,
shall publish standards and guidelines for the development of recovery plans by State
agencies under this subsection, including standards and guidelines for interstate
cooperation and for the grant and withdrawal of authorization by the Secretary under this
subsection.
'(4) DUTIES OF RECOVERY TEAM- The recovery team shall prepare a draft xecovery
plan in accordance with this section and shall transmit the draft plan to the Secretary
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through the State agency authorized to develop the recovery plan.
'(5) REVIEW OF DRAFT PLANS- Prior to publication of a notice of availability of a
draft recovery plan, the Secretary shall review each draft recovery plan developed
pursuani to this subsection tc� determ�ne wheiher the p�an zneets the requirements of this
section and shall give the State ar� opportun�ty to adcYress any deficiencies in the pYan.
Thereafter, if the Secretary determines that the plan does not meet such requirements, the
Secretary shall notify the State agency and, in cooperation. with the State agency, develop
a recovery plara. in accordance vvith this section.
'(6) I��1�EW A,�TI� A�'F'1gCi�1AI, OF FI�TA� �'I,A�TS- �n receipt of a draf� recov�ry
plan transmitted by a State agency, the Secretary shall rev�ew and adopt the plar� in
accordance with subsection (g).
'(7) VVITI�DIZAWAL OF A.LT'I'�IORITY- (A) The Secreiary may withdraw the authority
frozn. a Stat� that has bee� �efle�atacY authority to deveYop a recovery plan pursuant to this
subse�tion i�'the actio�s o�°�he State ag�nGy are not An accordance with the substax�tive
and procedural requ�rements o� subsections (c), (d)(1), (d)(2), and (e) an� ihis subsection.
The Secretary shall give the State age�cy ar� oppo�tunity to correct any de£'iciencies
�dentified by the Secretary and may withdraw the authority from the State unless the
State agency within 60 days has corrected the deficiencies identified by the Secretary.
°(�) Following withdravval of authority delegated to a State pursuan� to this subseciion,
the Secretary shall, in accordance with this section--
'(i) within 18 months after the date of that withdrawal, publish a draft recovery
plan for the State; and
'(ii) within 12 months after publication of the draft recovery plan, publish a final
recovery plan for the State.
'(8) DEFINITION OF STATE AGENCY- For purposes o�this subsection, the term
' State agency' means--
'(A) a State agency (as defined in section 3) of each State entering into a
aooperative request under paragraph (1); and
'(B) for fish and wildlife, including related spawning grounds and habitat, on the
Columbia River and its tributaries, the Pacific Northwest Electric Power and
Conservation Planning Council established under the Pacific Northwest Electric
Power Planning and Conservation Act (16 U.S.C. 839 et seq.).
' (m) OFFICE OF RECOVERY PLANNING-
'(1) ESTABLISHMENT- Not later than 6 months after the date of the enactiment of the
Common Sense Protections for Endangered Species Act, the Secretary shall establish in
the United States Fish and Wildlife Service a separate office, to be known as the Office
of Species Recovery.
�(2) AUTHORITIES- The Secretary, subject to subsection (1), shall delegate to the head
of the Office oi Species Reaovery authority of the Secretary under this Aci to--
'(A) provide support services to recovery teams to develop, or where a recovery
team cannot ba appointed to develop, implemeni recovery plans under this section;
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°(�) otherwise seek the recovery e�� �fll species �isted unde�° s�ct��n 4(c) �s
endangered species or threateraed species;
'(C) make all determinations to remove a species from such a list; and
°(➢�) assist �n tl�e designation of critical habitat.'.
'�ITLE V--MISCELLA�iEOUS
SECe 5Q1a AiTT"I301ZIZIl�TG INCI�ASED A.�'I'I20P1i�.A.TI�1�TSe
S�cigon �5 (16 L.T,S<C, Y542) is amended to read as follovvs:
' SEC. 15. AUTHORIZATION OF APPROPRIATIONS.
°(a) �N GENER.AL,- There are authorized to be appropriated--
'(1) to the Department of the Interior to carry out the duties of the Secretary of the
Interior under this Act $130,0OO,OQO for fiscal year 2001, $140,000,000 for fiscal year
2002, $150,000,000 for fiscal year 2003, and $160,000,000 for fiscal year 2004;
'(2) to the Depar�ment of Commerce to carry out the duties of the Secretary o�
Commerce under this Act $30,000,000 for fiscal year 2001, $35,000,000 for fiscal year
2002, $40,000,000 for fiscal year 2003, and $45,000,000 for fiscal year 2004; and
'(3) to the Department of Agriculture to carry out the duties of the Secretary of
Agriculture under this Act $4,000,000 for each of fiscal years 2001 through 2004.
'(b) CONVENTION IMPLEMENTATION- In addition to the other amounts authorized by
this section, there are authorized to be appropriated to the Secretary of the Interior to carry out
section 8A $1,000,000 for each of fiscal years 2001 through 2004, to remain available until
expended.
'(c) SAFE HARBOR AGREEMENTS- In addition to the other amounts authorized by this
section, there are authorized to be appropriated to the Secretary to carry out section 10(1)
$10,000,000 for each of fiscal years 2001 through 2004, to remain available until expended.'.
���
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