HR1897-119

2. Endangered Species Act of 1973 definitions The final rule titled Endangered and Threatened Wildlife and Plants; Regulations for Listing Species and Designating Critical Habitat (84 Fed. Reg. 45020; published August 27, 2019) shall have the force and effect of law with respect to the use of the term foreseeable future. Section 3(2) Endangered Species Act of 1973 (16 U.S.C. 1532(2)) is amended by inserting or public display or education aimed at the preservation or conservation of a species after organizations. Section 3(3) of the Endangered Species Act of 1973 (16 U.S.C. 1532(3)) is amended by striking and transplantation, and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include and inserting transplantation, and, at the discretion of the Secretary,. Section 3(5) of the Endangered Species Act of 1973 (16 U.S.C. 1532(5)) is amended by adding at the end the following: For the purpose of designating critical habitat for a threatened species or an endangered species under this Act, the term habitat— means the abiotic and biotic setting that currently or periodically contains the resources and conditions necessary to support 1 or more life processes of the threatened species or endangered species; and does not include an area visited by only vagrant individual members of the threatened species or endangered species. If the setting described in clause (i)(I) does not support all of the life processes of the relevant threatened species or endangered species, the threatened species or endangered species must be able to access, from the setting, other areas necessary to support its remaining life processes. Section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is amended— by redesignating paragraphs (2) through (10) as paragraphs (3) through (11), respectively; and by inserting after paragraph (1) the following: Section 7(n) of the Endangered Species Act of 1973 (16 U.S.C. 1536(n)) is amended by striking section 3(13) and inserting section 3(14). The term best scientific and commercial data available includes data submitted to the Secretary by a State, Tribal, or local government. Section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) is amended by adding at the end the following: For the purpose of carrying out a consultation under this section with respect to a threatened species or an endangered species, the term environmental baseline— means the condition of the species or the critical habitat of the species in the action area, without the consequences to the species or the critical habitat of the species caused by the proposed action; and includes— the past and present effects of all Federal, State, and private actions and other human activities in the action area; the anticipated effects of each proposed Federal project within the action area for which a consultation under this section has been completed; the effects of State and private actions that are contemporaneous with the consultation in process; and existing structures and facilities and the past, present, and future effects on the species or the critical habitat of the species from the physical existence of such structures and facilities. (D)(i)For the purpose of designating critical habitat for a threatened species or an endangered species under this Act, the term habitat—(I)means the abiotic and biotic setting that currently or periodically contains the resources and conditions necessary to support 1 or more life processes of the threatened species or endangered species; and(II)does not include an area visited by only vagrant individual members of the threatened species or endangered species.(ii)If the setting described in clause (i)(I) does not support all of the life processes of the relevant threatened species or endangered species, the threatened species or endangered species must be able to access, from the setting, other areas necessary to support its remaining life processes.. (2)The term best scientific and commercial data available includes data submitted to the Secretary by a State, Tribal, or local government.. (q)Environmental baselineFor the purpose of carrying out a consultation under this section with respect to a threatened species or an endangered species, the term environmental baseline—(1)means the condition of the species or the critical habitat of the species in the action area, without the consequences to the species or the critical habitat of the species caused by the proposed action; and(2)includes—(A)the past and present effects of all Federal, State, and private actions and other human activities in the action area;(B)the anticipated effects of each proposed Federal project within the action area for which a consultation under this section has been completed;(C)the effects of State and private actions that are contemporaneous with the consultation in process; and(D)existing structures and facilities and the past, present, and future effects on the species or the critical habitat of the species from the physical existence of such structures and facilities..

3. Authorization of appropriations Section 15 of the Endangered Species Act of 1973 (16 U.S.C. 1542) is amended— in subsection (a)— by striking subsection (b), (c), and (d) and inserting subsections (b) and (c); in paragraph (1)— by striking and after fiscal year 1991,; and by inserting , and $302,025,000 for each of fiscal years 2026 through 2031 after fiscal year 1992; in paragraph (2)— by striking and after fiscal years 1989 and 1990,; and by inserting , and $116,630,000 for each of fiscal years 2026 through 2031 after fiscal years 1991 and 1992; and in paragraph (3)— by striking and after fiscal years 1989 and 1990,; and by inserting and $2,600,000 for each of fiscal years 2026 through 2031 after fiscal years 1991 and 1992,; in subsection (b), by inserting and $600,000 for each of fiscal years 2026 through 2031 after 1992; and in subsection (c)— by striking and after fiscal years 1988, 1989, and 1990,; and by inserting and $9,900,000 for each of fiscal years 2026 through 2031, after fiscal years 1991 and 1992,. Section 15(b) of the Endangered Species Act of 1973 (16 U.S.C. 1542(b)) is amended by striking sections 7 (e), (g), and (h) and inserting subsections (e), (g), and (h) of section 7.

4. Rule of construction Nothing in this Act or the amendments made by this Act may be construed to enlarge or diminish the authority, jurisdiction, or responsibility of a State (as that term is defined in section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532)) to manage, control, or regulate fish and wildlife on lands and waters, including Federal lands and waters, within the State.

101. Prioritization of listing petitions, reviews, and determinations Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended by adding at the end the following: Not later than the date described in paragraph (2), the Secretary shall submit to Congress a national listing work plan that establishes, for each covered species, a schedule for the completion during the 5-fiscal year period beginning on October 1 of the first fiscal year after the date of the submission of the work plan of— findings as described in subsection (b)(3)(B) for each such covered species; proposed and final determinations regarding listing each such covered species under this section; and proposed and final critical habitat designations under subsection (a)(3) relating to each such covered species. The Secretary shall submit to Congress— together with the budget request of the Secretary for the first fiscal year that begins not less than 365 days after the date of the enactment of this subsection, the initial work plan required under paragraph (1); and together with the budget request of the Secretary for each fiscal year thereafter, an updated work plan under paragraph (1). The Secretary shall include with each budget request referred to in subparagraph (A) a description of the amounts to be requested to carry out the work plan for the fiscal year covered by the budget request, including any amounts requested to address emergency listings if the Secretary identifies any emergency posing a significant risk to the well-being of any species of fish or wildlife or plant. In developing a work plan under this subsection, the Secretary shall assign to each species included in the work plan a priority classification of Priority 1 through Priority 5, such that, as determined by the Secretary, the following apply: Priority 1 represents species of the highest priority, to be designated as critically imperiled and in need of immediate action. Priority 2 represents species with respect to which the best scientific and commercial data available support a clear decision regarding the status of the species. Priority 3 represents species with respect to which studies regarding the status of the species are being carried out— to answer key questions that may influence the findings of a petition to list the species submitted under subsection (b)(3); and to resolve any uncertainty regarding the status of the species within a reasonable timeframe. Priority 4 represents species for which proactive conservation efforts likely to reduce threats to the species are being developed or carried out, within a reasonable timeframe and in an organized manner, by Federal agencies, States, landowners, or other stakeholders. Priority 5 represents species— for which there exists little information regarding— threats to the species; or the status of the species; or that would receive limited conservation benefit in the foreseeable future by listing the species as a threatened species or endangered species under this section. The Secretary shall establish and assign priority classifications under subparagraph (A) in accordance with the notice of the Director of the United States Fish and Wildlife Service titled Methodology for Prioritizing Status Reviews and Accompanying 12-Month Findings on Petitions for Listing Under the Endangered Species Act (81 Fed. Reg. 49248; published July 27, 2016). With respect to a species classified as Priority 3 under subparagraph (A)(iii), if the Secretary determines that additional time would allow for more complete data collection or the completion of studies relating to the species, the Secretary may retain the species under the work plan for a period of not more than 5 years after the deadline under paragraph (4). With respect to a species classified as Priority 4 under subparagraph (A)(iv), if the Secretary determines that existing conservation efforts continue to meet the conservation needs of the species, the Secretary may retain the species under the work plan for a period of not more than 5 years after the deadline under paragraph (4). With respect to a species classified as Priority 5 under subparagraph (A)(v), the Secretary may retain the species under the work plan for a period of not more than 5 years after the deadline under paragraph (4). The Secretary may revise, in accordance with subparagraph (A), the assignment to a priority classification of a species included in a work plan at any time during the fiscal years to which the work plan applies. The assignment of a priority classification to a species included in a work plan is not a final agency action. The Secretary shall act on any petition to add a species to a list published under subsection (c) submitted under subsection (b)(3) not later than the last day of the fiscal year specified for that petition in the most recent work plan. The Secretary may issue such regulations as the Secretary determines appropriate to carry out this subsection. Nothing in this subsection may be construed to preclude or otherwise affect the emergency listing authority of the Secretary under subsection (b)(7). In this subsection: The term covered species means a species that is not included on a list published under subsection (c)— for which a petition to add the species to such a list has been submitted under subsection (b)(3); or that is otherwise under consideration by the Secretary for addition to such a list. The term work plan means the national listing work plan submitted by the Secretary under paragraph (1). Section 4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)) is amended— in subparagraph (B), by striking Within 12 months and inserting In accordance with the national listing work plan submitted under subsection (j),; and in subparagraph (C), to read as follows: Any negative finding described in subparagraph (A) and any finding described in subparagraph (B)(i)(I) shall be subject to judicial review. (j)National listing work plan(1)In generalNot later than the date described in paragraph (2), the Secretary shall submit to Congress a national listing work plan that establishes, for each covered species, a schedule for the completion during the 5-fiscal year period beginning on October 1 of the first fiscal year after the date of the submission of the work plan of—(A)findings as described in subsection (b)(3)(B) for each such covered species;(B)proposed and final determinations regarding listing each such covered species under this section; and(C)proposed and final critical habitat designations under subsection (a)(3) relating to each such covered species.(2)Submission to Congress(A)In generalThe Secretary shall submit to Congress—(i)together with the budget request of the Secretary for the first fiscal year that begins not less than 365 days after the date of the enactment of this subsection, the initial work plan required under paragraph (1); and(ii)together with the budget request of the Secretary for each fiscal year thereafter, an updated work plan under paragraph (1).(B)Additional inclusionsThe Secretary shall include with each budget request referred to in subparagraph (A) a description of the amounts to be requested to carry out the work plan for the fiscal year covered by the budget request, including any amounts requested to address emergency listings if the Secretary identifies any emergency posing a significant risk to the well-being of any species of fish or wildlife or plant.(3)Priority(A)In generalIn developing a work plan under this subsection, the Secretary shall assign to each species included in the work plan a priority classification of Priority 1 through Priority 5, such that, as determined by the Secretary, the following apply:(i)Priority 1 represents species of the highest priority, to be designated as critically imperiled and in need of immediate action.(ii)Priority 2 represents species with respect to which the best scientific and commercial data available support a clear decision regarding the status of the species.(iii)Priority 3 represents species with respect to which studies regarding the status of the species are being carried out—(I)to answer key questions that may influence the findings of a petition to list the species submitted under subsection (b)(3); and(II)to resolve any uncertainty regarding the status of the species within a reasonable timeframe.(iv)Priority 4 represents species for which proactive conservation efforts likely to reduce threats to the species are being developed or carried out, within a reasonable timeframe and in an organized manner, by Federal agencies, States, landowners, or other stakeholders.(v)Priority 5 represents species—(I)for which there exists little information regarding—(aa)threats to the species; or(bb)the status of the species; or(II)that would receive limited conservation benefit in the foreseeable future by listing the species as a threatened species or endangered species under this section.(B)Use of methodologyThe Secretary shall establish and assign priority classifications under subparagraph (A) in accordance with the notice of the Director of the United States Fish and Wildlife Service titled Methodology for Prioritizing Status Reviews and Accompanying 12-Month Findings on Petitions for Listing Under the Endangered Species Act (81 Fed. Reg. 49248; published July 27, 2016).(C)Extensions for certain priority classifications(i)Priority 3With respect to a species classified as Priority 3 under subparagraph (A)(iii), if the Secretary determines that additional time would allow for more complete data collection or the completion of studies relating to the species, the Secretary may retain the species under the work plan for a period of not more than 5 years after the deadline under paragraph (4).(ii)Priority 4With respect to a species classified as Priority 4 under subparagraph (A)(iv), if the Secretary determines that existing conservation efforts continue to meet the conservation needs of the species, the Secretary may retain the species under the work plan for a period of not more than 5 years after the deadline under paragraph (4).(iii)Priority 5With respect to a species classified as Priority 5 under subparagraph (A)(v), the Secretary may retain the species under the work plan for a period of not more than 5 years after the deadline under paragraph (4).(D)Revision of priority classificationThe Secretary may revise, in accordance with subparagraph (A), the assignment to a priority classification of a species included in a work plan at any time during the fiscal years to which the work plan applies.(E)Effect of priority classificationThe assignment of a priority classification to a species included in a work plan is not a final agency action.(4)DeadlineThe Secretary shall act on any petition to add a species to a list published under subsection (c) submitted under subsection (b)(3) not later than the last day of the fiscal year specified for that petition in the most recent work plan.(5)RegulationsThe Secretary may issue such regulations as the Secretary determines appropriate to carry out this subsection.(6)Effect of subsectionNothing in this subsection may be construed to preclude or otherwise affect the emergency listing authority of the Secretary under subsection (b)(7).(7)DefinitionsIn this subsection:(A)Covered speciesThe term covered species means a species that is not included on a list published under subsection (c)—(i)for which a petition to add the species to such a list has been submitted under subsection (b)(3); or(ii)that is otherwise under consideration by the Secretary for addition to such a list.(B)Work planThe term work plan means the national listing work plan submitted by the Secretary under paragraph (1).. (C)Any negative finding described in subparagraph (A) and any finding described in subparagraph (B)(i)(I) shall be subject to judicial review..

201. Candidate conservation agreements with assurances Section 4(b)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(1)) is amended by adding at the end the following: In making a determination under subsection (a)(1) with respect to a species, the Secretary shall take into account and document the effect of any net conservation benefit (as that term is defined in subsection (k) of section 10) of any Candidate Conservation Agreement with Assurances or any programmatic Candidate Conservation Agreement with Assurances (as those terms are defined in that subsection) relating to such species. Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) is amended by adding at the end the following: A covered party may submit a proposed Agreement to the Secretary. Not later than 120 days after the date of the receipt of a proposed Agreement under paragraph (1), the Secretary shall approve the proposed Agreement if the Secretary determines that the proposed Agreement— sets forth specific management activities that the covered party will undertake to conserve the covered species; provides a positive estimate of the net conservation benefit of such management activities to the covered species; describes, to the maximum extent practicable, the existing population levels of the covered species or the existing quality of habitat; includes a monitoring plan to be carried out by the parties to the Agreement; and provides assurances to the covered party that no additional conservation measures will be required and additional land, water, or resource use restrictions will not be imposed on the covered party if the covered species becomes listed after the effective date of such Agreement. Not later than 120 days after the date of the receipt of a proposed Agreement under paragraph (1), the Secretary shall— deny the proposed Agreement if the Secretary determines that the proposed Agreement does not meet the requirements described in paragraph (2); and provide the submitting covered party a written explanation for such determination and the adjustments required for the Secretary to approve such proposed Agreement. The Secretary may enter into a Candidate Conservation Agreement with Assurances with a covered party that authorizes such covered party— to administer such Candidate Conservation Agreement with Assurances; to hold any permit issued under this section with regard to such Candidate Conservation Agreement with Assurances; to enroll other covered parties within the area covered by such Candidate Conservation Agreement with Assurances in such Candidate Conservation Agreement with Assurances; and to convey any permit authorization held by such covered party under clause (ii) to each covered party enrolled under clause (iii). Upon receipt of a proposed programmatic Candidate Conservation Agreement with Assurances under paragraph (1) and before approving or denying such a proposed programmatic Candidate Conservation Agreement with Assurances under paragraph (2) or (3), respectively, the Secretary shall— not later than 30 days after the date of such receipt, publish the proposed programmatic Candidate Conservation Agreement with Assurances in the Federal Register for public comment for a period of not less than 60 days; review any comments received under clause (i); and after the close of the public comment period for the proposed programmatic Candidate Conservation Agreement with Assurances, publish in the Federal Register— any comments received under clause (i); and the approval or denial of the proposed programmatic Candidate Conservation Agreement with Assurances under paragraph (2) or (3), respectively. If a covered species is listed under section 4, the Secretary shall issue a permit to the relevant covered party under this section allowing incidental take of and modification to the habitat of such covered species consistent with the Agreement. The Secretary shall, upon request, provide a covered party with technical assistance in developing a proposed Agreement. An Agreement may apply to a covered party that conducts activities on land administered by any Federal agency pursuant to a permit or lease issued to the covered party by that Federal agency. An Agreement approved under this subsection shall be deemed to have been granted an exemption under section 7(h) for the purposes of that section. Information submitted by a private party to the Secretary under this subsection shall be exempt from disclosure under section 552(b)(3)(B) of title 5, United States Code. In this subsection: The term Agreement means— a Candidate Conservation Agreement with Assurances; or a programmatic Candidate Conservation Agreement with Assurances. The term Candidate Conservation Agreement with Assurances means any voluntary agreement, including a conservation benefit agreement, between the Secretary and a covered party in which— the covered party commits to implementing mutually agreed upon conservation measures for a candidate species; and the Secretary provides assurances that, if such candidate species is listed pursuant to section 4— the covered party shall incur no additional obligations beyond actions agreed to in the agreement with respect to conservation activities required under this Act; and no additional land, water, or resource use restrictions shall be imposed on the covered party beyond those included in the agreement. The term candidate species means a species— designated by the Secretary as a candidate species under this Act; or proposed to be listed pursuant to section 4. The term covered party means a— party that conducts activities on land administered by a Federal agency pursuant to a permit or lease issued to the party; private property owner; county; State or State agency; or Tribal government. The term covered species means, with respect to an Agreement, the species that is the subject of such Agreement. The term net conservation benefit means the net effect of an Agreement, determined by comparing the existing situation of the candidate species without the Agreement in effect and a situation in which the Agreement is in effect, on a candidate species, including— the net effect on threats to such species; the net effect on the number of individuals of such species; or the net effect on the habitat of such species. The term programmatic Candidate Conservation Agreement with Assurances means a Candidate Conservation Agreement with Assurances described in paragraph (4)(A). (C)In making a determination under subsection (a)(1) with respect to a species, the Secretary shall take into account and document the effect of any net conservation benefit (as that term is defined in subsection (k) of section 10) of any Candidate Conservation Agreement with Assurances or any programmatic Candidate Conservation Agreement with Assurances (as those terms are defined in that subsection) relating to such species.. (k)Candidate Conservation Agreements with Assurances(1)Proposed AgreementA covered party may submit a proposed Agreement to the Secretary.(2)ApprovalNot later than 120 days after the date of the receipt of a proposed Agreement under paragraph (1), the Secretary shall approve the proposed Agreement if the Secretary determines that the proposed Agreement—(A)sets forth specific management activities that the covered party will undertake to conserve the covered species;(B)provides a positive estimate of the net conservation benefit of such management activities to the covered species;(C)describes, to the maximum extent practicable, the existing population levels of the covered species or the existing quality of habitat;(D)includes a monitoring plan to be carried out by the parties to the Agreement; and(E)provides assurances to the covered party that no additional conservation measures will be required and additional land, water, or resource use restrictions will not be imposed on the covered party if the covered species becomes listed after the effective date of such Agreement.(3)DenialNot later than 120 days after the date of the receipt of a proposed Agreement under paragraph (1), the Secretary shall—(A)deny the proposed Agreement if the Secretary determines that the proposed Agreement does not meet the requirements described in paragraph (2); and(B)provide the submitting covered party a written explanation for such determination and the adjustments required for the Secretary to approve such proposed Agreement.(4)Programmatic Candidate Conservation Agreement with Assurances(A)In generalThe Secretary may enter into a Candidate Conservation Agreement with Assurances with a covered party that authorizes such covered party—(i)to administer such Candidate Conservation Agreement with Assurances;(ii)to hold any permit issued under this section with regard to such Candidate Conservation Agreement with Assurances;(iii)to enroll other covered parties within the area covered by such Candidate Conservation Agreement with Assurances in such Candidate Conservation Agreement with Assurances; and(iv)to convey any permit authorization held by such covered party under clause (ii) to each covered party enrolled under clause (iii).(B)PublicationUpon receipt of a proposed programmatic Candidate Conservation Agreement with Assurances under paragraph (1) and before approving or denying such a proposed programmatic Candidate Conservation Agreement with Assurances under paragraph (2) or (3), respectively, the Secretary shall—(i)not later than 30 days after the date of such receipt, publish the proposed programmatic Candidate Conservation Agreement with Assurances in the Federal Register for public comment for a period of not less than 60 days;(ii)review any comments received under clause (i); and(iii)after the close of the public comment period for the proposed programmatic Candidate Conservation Agreement with Assurances, publish in the Federal Register—(I)any comments received under clause (i); and(II)the approval or denial of the proposed programmatic Candidate Conservation Agreement with Assurances under paragraph (2) or (3), respectively.(5)Incidental take authorizationIf a covered species is listed under section 4, the Secretary shall issue a permit to the relevant covered party under this section allowing incidental take of and modification to the habitat of such covered species consistent with the Agreement.(6)Technical assistanceThe Secretary shall, upon request, provide a covered party with technical assistance in developing a proposed Agreement.(7)Applicability to Federal landAn Agreement may apply to a covered party that conducts activities on land administered by any Federal agency pursuant to a permit or lease issued to the covered party by that Federal agency.(8)Exemption from consultation requirementAn Agreement approved under this subsection shall be deemed to have been granted an exemption under section 7(h) for the purposes of that section.(9)Exemption from disclosureInformation submitted by a private party to the Secretary under this subsection shall be exempt from disclosure under section 552(b)(3)(B) of title 5, United States Code.(10)DefinitionsIn this subsection:(A)AgreementThe term Agreement means—(i)a Candidate Conservation Agreement with Assurances; or(ii)a programmatic Candidate Conservation Agreement with Assurances.(B)Candidate Conservation Agreement with AssurancesThe term Candidate Conservation Agreement with Assurances means any voluntary agreement, including a conservation benefit agreement, between the Secretary and a covered party in which—(i)the covered party commits to implementing mutually agreed upon conservation measures for a candidate species; and(ii)the Secretary provides assurances that, if such candidate species is listed pursuant to section 4—(I)the covered party shall incur no additional obligations beyond actions agreed to in the agreement with respect to conservation activities required under this Act; and(II)no additional land, water, or resource use restrictions shall be imposed on the covered party beyond those included in the agreement.(C)Candidate speciesThe term candidate species means a species—(i)designated by the Secretary as a candidate species under this Act; or(ii)proposed to be listed pursuant to section 4.(D)Covered partyThe term covered party means a—(i)party that conducts activities on land administered by a Federal agency pursuant to a permit or lease issued to the party;(ii)private property owner;(iii)county;(iv)State or State agency; or(v)Tribal government.(E)Covered speciesThe term covered species means, with respect to an Agreement, the species that is the subject of such Agreement.(F)Net conservation benefitThe term net conservation benefit means the net effect of an Agreement, determined by comparing the existing situation of the candidate species without the Agreement in effect and a situation in which the Agreement is in effect, on a candidate species, including—(i)the net effect on threats to such species;(ii)the net effect on the number of individuals of such species; or(iii)the net effect on the habitat of such species.(G)Programmatic Candidate Conservation Agreement with AssurancesThe term programmatic Candidate Conservation Agreement with Assurances means a Candidate Conservation Agreement with Assurances described in paragraph (4)(A)..

202. Conservation plans Section 10(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)(2)) is amended— in subparagraph (B), by inserting , and shall include the terms and conditions of the related conservation plan, which shall be legally binding on all parties thereto after being complied with; and by adding at the end the following: Each Federal agency shall, as applicable and to the maximum extent practicable, adopt the mitigation measures contained in a permit issued under subparagraph (B) in any authorization issued by such Federal agency with respect to the action that is the subject of such permit. With respect to an action that is the subject of a permit issued under subparagraph (B), the Secretary shall not seek any additional mitigation measures through any other Federal or State or local process. Section 10(a) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)) is amended by adding at the end the following: A permit issued by the Secretary under this subsection shall be deemed to have been granted an exemption under section 7(h) for the purposes of that section. (D)Each Federal agency shall, as applicable and to the maximum extent practicable, adopt the mitigation measures contained in a permit issued under subparagraph (B) in any authorization issued by such Federal agency with respect to the action that is the subject of such permit.(E)With respect to an action that is the subject of a permit issued under subparagraph (B), the Secretary shall not seek any additional mitigation measures through any other Federal or State or local process.. (3)A permit issued by the Secretary under this subsection shall be deemed to have been granted an exemption under section 7(h) for the purposes of that section..

203. NEPA exemption for incidental take permits Section 10(a) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)) is amended by adding at the end the following: The issuance of a permit under paragraph (2) shall not be considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (4)The issuance of a permit under paragraph (2) shall not be considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C))..

301. Protective regulations under Endangered Species Act of 1973 Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended— in subsection (d), to read as follows: Whenever any species is listed as a threatened species pursuant to subsection (c), the Secretary shall issue such regulations as are necessary and advisable to provide for the conservation of that species. If the Secretary issues a regulation under paragraph (1) that prohibits an act described in section 9(a), the Secretary shall, with respect to the species that is the subject of such regulation— establish objective, incremental recovery goals; provide for the stringency of such regulation to decrease as such recovery goals are met; and provide for State management within such State, if such State is willing to take on such management, beginning on the date on which the Secretary determines that each such recovery goal is met and, if each such recovery goal remains met, continuing until such species is removed from the list of threatened species published pursuant to subsection (c). On the date on which the Secretary determines that each recovery goal established under subparagraph (A)(i) for a species is met, the Secretary shall begin a review of the species and subsequently determine, on the basis of such review, whether the species should be removed from the lists published pursuant to subsection (c)(1). A regulation issued under paragraph (1) that prohibits an act described in section 9(a) with respect to a resident species shall apply with respect to a State that has entered into a cooperative agreement with the Secretary pursuant to section 6(c) only to the extent that such regulation is adopted by such State. A State may develop a recovery strategy for a threatened species or a candidate species and submit to the Secretary a petition for the Secretary to use such recovery strategy as the basis for any regulation issued under paragraph (1) with respect to such species within such State. Not later than 120 days after the date on which the Secretary receives a petition submitted under subparagraph (A), the Secretary shall— approve such petition if the Secretary determines the recovery strategy is reasonably certain to be implemented by the petitioning State and to be effective in conserving the species that is the subject of such recovery strategy; or deny such petition if the requirements described in clause (i) are not met. Not later than 30 days after the date on which the Secretary approves or denies a petition under subparagraph (B), the Secretary shall publish such approval or denial in the Federal Register. If the Secretary denies a petition under subparagraph (B), the Secretary shall include in such denial a written explanation for such denial, including a description of the changes to such petition that are necessary for the Secretary to approve such petition. A State may resubmit a petition that is denied under subparagraph (B). If the Secretary approves a petition under subparagraph (B), the Secretary shall— issue a regulation under paragraph (1) that adopts the recovery strategy as such regulation with respect to the species that is the subject of such recovery strategy within the petitioning State; and establish objective criteria to evaluate the effectiveness of such recovery strategy in conserving such species within such State. If a recovery strategy that is adopted as a regulation issued under paragraph (1) is determined by the Secretary to be ineffective in conserving the species that is the subject of such recovery strategy in accordance with the objective criteria established under subparagraph (E)(ii) for such recovery strategy, the Secretary shall revise such regulation and reissue such regulation in accordance with paragraph (1). in subsection (f)(1)(B)— in clause (ii), by striking and at the end; in clause (iii), by striking the period at the end and inserting ; and; and by adding at the end the following: with respect to an endangered species, objective, incremental recovery goals in accordance with subsection (d)(2)(A) for use under that subsection if such endangered species is changed in status from an endangered species to a threatened species under subsection (c)(2)(B)(ii). (d)Protective regulations(1)In generalWhenever any species is listed as a threatened species pursuant to subsection (c), the Secretary shall issue such regulations as are necessary and advisable to provide for the conservation of that species.(2)Recovery goals(A)In generalIf the Secretary issues a regulation under paragraph (1) that prohibits an act described in section 9(a), the Secretary shall, with respect to the species that is the subject of such regulation—(i)establish objective, incremental recovery goals;(ii)provide for the stringency of such regulation to decrease as such recovery goals are met; and(iii)provide for State management within such State, if such State is willing to take on such management, beginning on the date on which the Secretary determines that each such recovery goal is met and, if each such recovery goal remains met, continuing until such species is removed from the list of threatened species published pursuant to subsection (c).(B)Status reviewOn the date on which the Secretary determines that each recovery goal established under subparagraph (A)(i) for a species is met, the Secretary shall begin a review of the species and subsequently determine, on the basis of such review, whether the species should be removed from the lists published pursuant to subsection (c)(1).(3)Cooperative agreementA regulation issued under paragraph (1) that prohibits an act described in section 9(a) with respect to a resident species shall apply with respect to a State that has entered into a cooperative agreement with the Secretary pursuant to section 6(c) only to the extent that such regulation is adopted by such State.(4)State recovery strategy(A)In generalA State may develop a recovery strategy for a threatened species or a candidate species and submit to the Secretary a petition for the Secretary to use such recovery strategy as the basis for any regulation issued under paragraph (1) with respect to such species within such State.(B)Approval or denial of petitionNot later than 120 days after the date on which the Secretary receives a petition submitted under subparagraph (A), the Secretary shall—(i)approve such petition if the Secretary determines the recovery strategy is reasonably certain to be implemented by the petitioning State and to be effective in conserving the species that is the subject of such recovery strategy; or(ii)deny such petition if the requirements described in clause (i) are not met.(C)PublicationNot later than 30 days after the date on which the Secretary approves or denies a petition under subparagraph (B), the Secretary shall publish such approval or denial in the Federal Register.(D)Denial of petition(i)Written explanationIf the Secretary denies a petition under subparagraph (B), the Secretary shall include in such denial a written explanation for such denial, including a description of the changes to such petition that are necessary for the Secretary to approve such petition.(ii)Resubmission of denied petitionA State may resubmit a petition that is denied under subparagraph (B).(E)Use in protective regulationsIf the Secretary approves a petition under subparagraph (B), the Secretary shall—(i)issue a regulation under paragraph (1) that adopts the recovery strategy as such regulation with respect to the species that is the subject of such recovery strategy within the petitioning State; and(ii)establish objective criteria to evaluate the effectiveness of such recovery strategy in conserving such species within such State.(F)RevisionIf a recovery strategy that is adopted as a regulation issued under paragraph (1) is determined by the Secretary to be ineffective in conserving the species that is the subject of such recovery strategy in accordance with the objective criteria established under subparagraph (E)(ii) for such recovery strategy, the Secretary shall revise such regulation and reissue such regulation in accordance with paragraph (1).; and (iv)with respect to an endangered species, objective, incremental recovery goals in accordance with subsection (d)(2)(A) for use under that subsection if such endangered species is changed in status from an endangered species to a threatened species under subsection (c)(2)(B)(ii)..

303. Judicial review during monitoring period Section 4(g) of the Endangered Species Act of 1973 (16 U.S.C. 1533(g)) is amended by adding at the end the following: The removal of a species from a list published under subsection (c)(1) is not subject to judicial review during the period established under paragraph (1) with respect to the species. (3)The removal of a species from a list published under subsection (c)(1) is not subject to judicial review during the period established under paragraph (1) with respect to the species..

305. Designation of critical habitat Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is amended by adding at the end the following: The Secretary may not designate as critical habitat under subparagraph (A) any privately owned or controlled land or other geographical area that is subject to a land management plan that— the Secretary determines is similar in nature to an integrated natural resources management plan described in section 101 of the Sikes Act (16 U.S.C. 670a); is prepared in cooperation with the Secretary and the head of each applicable State fish and wildlife agency of each State in which such land or other geographical area is located; or is submitted to the Secretary in a manner that is similar to the manner in which an applicant submits a conservation plan to the Secretary under section 10(a)(2)(A); includes an activity or a limitation on an activity that the Secretary determines will likely conserve the species concerned; the Secretary determines will result in— an increase in the population of the species concerned above the population of such species on the date that such species is listed as a threatened species or an endangered species; or maintaining the same population of such species on the land or other geographical area as the population that would likely occur if such land or other geographical area is designated as critical habitat; and to the maximum extent practicable, will minimize and mitigate the impacts of any activity that will likely result in an incidental taking of the species concerned. Section 4(b)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(2)) is amended in the first sentence by inserting the impact on existing efforts of private landowners to conserve the species, after impact on national security,. (C)The Secretary may not designate as critical habitat under subparagraph (A) any privately owned or controlled land or other geographical area that is subject to a land management plan that—(i)the Secretary determines is similar in nature to an integrated natural resources management plan described in section 101 of the Sikes Act (16 U.S.C. 670a);(ii)(I)is prepared in cooperation with the Secretary and the head of each applicable State fish and wildlife agency of each State in which such land or other geographical area is located; or(II)is submitted to the Secretary in a manner that is similar to the manner in which an applicant submits a conservation plan to the Secretary under section 10(a)(2)(A);(iii)includes an activity or a limitation on an activity that the Secretary determines will likely conserve the species concerned;(iv)the Secretary determines will result in—(I)an increase in the population of the species concerned above the population of such species on the date that such species is listed as a threatened species or an endangered species; or(II)maintaining the same population of such species on the land or other geographical area as the population that would likely occur if such land or other geographical area is designated as critical habitat; and(v)to the maximum extent practicable, will minimize and mitigate the impacts of any activity that will likely result in an incidental taking of the species concerned..

401. Requirement to publish basis for listings and critical habitat designations on Internet Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding at the end the following: The Secretary shall make publicly available on the Internet the best scientific and commercial data available that are used as the basis for each regulation, including each proposed regulation, promulgated under paragraphs (1) and (3) of subsection (a), except that— at the request of a Governor, State agency, or legislature of a State, the Secretary may not make such data available under this paragraph if such entity determines that public disclosure of such data is prohibited by a law or regulation of such State, including any law or regulation requiring the protection of personal information; and not later than 30 days after the date of the enactment of this paragraph, the Secretary shall execute an agreement with the Secretary of Defense that prevents the disclosure under this paragraph of classified information pertaining to Department of Defense personnel, facilities, lands, or waters. (9)The Secretary shall make publicly available on the Internet the best scientific and commercial data available that are used as the basis for each regulation, including each proposed regulation, promulgated under paragraphs (1) and (3) of subsection (a), except that—(A)at the request of a Governor, State agency, or legislature of a State, the Secretary may not make such data available under this paragraph if such entity determines that public disclosure of such data is prohibited by a law or regulation of such State, including any law or regulation requiring the protection of personal information; and(B)not later than 30 days after the date of the enactment of this paragraph, the Secretary shall execute an agreement with the Secretary of Defense that prevents the disclosure under this paragraph of classified information pertaining to Department of Defense personnel, facilities, lands, or waters..

403. Disclosure of expenditures under Endangered Species Act of 1973 Section 13 of the Endangered Species Act of 1973 (87 Stat. 902) is amended to read as follows: The Secretary of the Interior, in consultation with the Secretary of Commerce, shall— not later than 90 days after the end of each fiscal year, submit to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate an annual report detailing Federal Government expenditures for covered suits during the preceding fiscal year (including the information described in subsection (b)); and make publicly available through the Internet a searchable database, updated monthly, of the information described in subsection (b). The report shall include— the case name and number of each covered suit, and, with respect to each such covered suit, a hyperlink to each settlement decision, final decision, consent decree, stipulation of dismissal, release, interim decision, motion to dismiss, partial motion for summary judgement, or related final document; a description of each claim or cause of action in each covered suit; the name of each covered agency the actions of which give rise to any claim in a covered suit and each plaintiff in such suit; funds expended by each covered agency (disaggregated by agency account) to receive and respond to notices referred to in section 11(g)(2) or to prepare for litigation of, litigate, negotiate a settlement agreement or consent decree in, or provide material, technical, or other assistance in relation to, a covered suit; the number of full-time equivalent employees that participated in the activities described in paragraph (4); any information required to be published under section 1304 of title 31, United States Code, with respect to a covered suit; and attorneys fees and other expenses (disaggregated by agency account) awarded in covered suits, including any consent decrees or settlement agreements (regardless of whether a decree or settlement agreement is sealed or otherwise subject to nondisclosure provisions), including the basis for such awards. The head of each covered agency shall provide to the Secretary in a timely manner all information requested by the Secretary to comply with the requirements of this section. Notwithstanding any other provision of this section, this section shall not affect any restriction in a consent decree or settlement agreement on the disclosure of information that is not described in subsection (b). In this section: The term covered agency means any agency of the— Department of the Interior; Forest Service; Environmental Protection Agency; National Marine Fisheries Service; Bonneville Power Administration; Western Area Power Administration; Southwestern Power Administration; or Southeastern Power Administration. The term covered suit means— any civil action containing any claim arising under this Act against the Federal Government and based on the action of a covered agency; and any administrative proceeding under which the United States awards fees and other expenses to a third party under section 504 of title 5, United States Code. The table of contents in the first section of the Endangered Species Act of 1973 (16 U.S.C. 1531 note) is amended by striking the item relating to section 13 and inserting the following: 13.Disclosure of expenditures(a)RequirementThe Secretary of the Interior, in consultation with the Secretary of Commerce, shall—(1)not later than 90 days after the end of each fiscal year, submit to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate an annual report detailing Federal Government expenditures for covered suits during the preceding fiscal year (including the information described in subsection (b)); and(2)make publicly available through the Internet a searchable database, updated monthly, of the information described in subsection (b).(b)Included informationThe report shall include—(1)the case name and number of each covered suit, and, with respect to each such covered suit, a hyperlink to each settlement decision, final decision, consent decree, stipulation of dismissal, release, interim decision, motion to dismiss, partial motion for summary judgement, or related final document;(2)a description of each claim or cause of action in each covered suit;(3)the name of each covered agency the actions of which give rise to any claim in a covered suit and each plaintiff in such suit;(4)funds expended by each covered agency (disaggregated by agency account) to receive and respond to notices referred to in section 11(g)(2) or to prepare for litigation of, litigate, negotiate a settlement agreement or consent decree in, or provide material, technical, or other assistance in relation to, a covered suit;(5)the number of full-time equivalent employees that participated in the activities described in paragraph (4);(6)any information required to be published under section 1304 of title 31, United States Code, with respect to a covered suit; and(7)attorneys fees and other expenses (disaggregated by agency account) awarded in covered suits, including any consent decrees or settlement agreements (regardless of whether a decree or settlement agreement is sealed or otherwise subject to nondisclosure provisions), including the basis for such awards.(c)Requirement To provide informationThe head of each covered agency shall provide to the Secretary in a timely manner all information requested by the Secretary to comply with the requirements of this section.(d)Limitation on disclosureNotwithstanding any other provision of this section, this section shall not affect any restriction in a consent decree or settlement agreement on the disclosure of information that is not described in subsection (b).(e)DefinitionsIn this section:(1)Covered agencyThe term covered agency means any agency of the—(A)Department of the Interior;(B)Forest Service;(C)Environmental Protection Agency;(D)National Marine Fisheries Service;(E)Bonneville Power Administration;(F)Western Area Power Administration;(G)Southwestern Power Administration; or(H)Southeastern Power Administration.(2)Covered suitThe term covered suit means—(A)any civil action containing any claim arising under this Act against the Federal Government and based on the action of a covered agency; and(B)any administrative proceeding under which the United States awards fees and other expenses to a third party under section 504 of title 5, United States Code.. Sec. 13. Disclosure of expenditures..

13. Disclosure of expenditures The Secretary of the Interior, in consultation with the Secretary of Commerce, shall— not later than 90 days after the end of each fiscal year, submit to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate an annual report detailing Federal Government expenditures for covered suits during the preceding fiscal year (including the information described in subsection (b)); and make publicly available through the Internet a searchable database, updated monthly, of the information described in subsection (b). The report shall include— the case name and number of each covered suit, and, with respect to each such covered suit, a hyperlink to each settlement decision, final decision, consent decree, stipulation of dismissal, release, interim decision, motion to dismiss, partial motion for summary judgement, or related final document; a description of each claim or cause of action in each covered suit; the name of each covered agency the actions of which give rise to any claim in a covered suit and each plaintiff in such suit; funds expended by each covered agency (disaggregated by agency account) to receive and respond to notices referred to in section 11(g)(2) or to prepare for litigation of, litigate, negotiate a settlement agreement or consent decree in, or provide material, technical, or other assistance in relation to, a covered suit; the number of full-time equivalent employees that participated in the activities described in paragraph (4); any information required to be published under section 1304 of title 31, United States Code, with respect to a covered suit; and attorneys fees and other expenses (disaggregated by agency account) awarded in covered suits, including any consent decrees or settlement agreements (regardless of whether a decree or settlement agreement is sealed or otherwise subject to nondisclosure provisions), including the basis for such awards. The head of each covered agency shall provide to the Secretary in a timely manner all information requested by the Secretary to comply with the requirements of this section. Notwithstanding any other provision of this section, this section shall not affect any restriction in a consent decree or settlement agreement on the disclosure of information that is not described in subsection (b). In this section: The term covered agency means any agency of the— Department of the Interior; Forest Service; Environmental Protection Agency; National Marine Fisheries Service; Bonneville Power Administration; Western Area Power Administration; Southwestern Power Administration; or Southeastern Power Administration. The term covered suit means— any civil action containing any claim arising under this Act against the Federal Government and based on the action of a covered agency; and any administrative proceeding under which the United States awards fees and other expenses to a third party under section 504 of title 5, United States Code.

404. Award of litigation costs to prevailing parties in accordance with existing law Section 11(g)(4) of the Endangered Species Act of 1973 (16 U.S.C. 1540(g)(4)) is amended by striking to any party, whenever the court determines such award is appropriate and inserting in accordance with section 2412 of title 28, United States Code and section 504 of title 5, United States Code.

501. Limitation on reasonable and prudent measures Section 7(b)(4) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(4)) is amended— by inserting and that do not propose, recommend, or require the Federal agency or the applicant concerned, if any, to mitigate or offset such impact after minimize such impact; and by inserting which measures may be issued after the written statement, after such taking,.

502. Successive consultations Section 7(b) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)) is amended by adding at the end the following: With respect to an ongoing Federal agency action for which the applicable Federal agency has adopted a reasonable and prudent alternative or a reasonable and prudent measure to comply with subsection (a)(2), in any subsequent consultation for the Federal agency action that occurs 10 years or more after the date on which the initial consultation for the Federal agency action was completed, the Secretary shall— project the likelihood of and timeline for the recovery of the threatened species and endangered species affected by the Federal agency action; and determine whether continuing to implement the reasonable and prudent alternative or a reasonable and prudent measure will materially increase the likelihood of and reduce the time for recovery of the threatened species and endangered species. If the Secretary finds under subparagraph (A)(ii) that continued implementation of the modification will not materially improve the likelihood of and shorten the time to the recovery of the species, the Federal agency shall discontinue implementation of the modification notwithstanding subsection (a)(2). (5)(A)With respect to an ongoing Federal agency action for which the applicable Federal agency has adopted a reasonable and prudent alternative or a reasonable and prudent measure to comply with subsection (a)(2), in any subsequent consultation for the Federal agency action that occurs 10 years or more after the date on which the initial consultation for the Federal agency action was completed, the Secretary shall—(i)project the likelihood of and timeline for the recovery of the threatened species and endangered species affected by the Federal agency action; and(ii)determine whether continuing to implement the reasonable and prudent alternative or a reasonable and prudent measure will materially increase the likelihood of and reduce the time for recovery of the threatened species and endangered species.(B)If the Secretary finds under subparagraph (A)(ii) that continued implementation of the modification will not materially improve the likelihood of and shorten the time to the recovery of the species, the Federal agency shall discontinue implementation of the modification notwithstanding subsection (a)(2)..

503. Requirement to consider reasonably certain effects Section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)) is amended by inserting A consultation carried out pursuant to this paragraph shall consider the effects that are reasonably certain to be caused by the action without a substantive presumption in favor of the species after commercial data available..

504. Clarifying jeopardy Section 7(a) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)) is amended by adding at the end the following: For the purposes of a consultation carried out pursuant to paragraph (2) or a conference carried out under paragraph (4), the Secretary may only determine that the action that is the subject of such consultation or conference is likely to jeopardize the continued existence of an applicable species or result in the destruction or adverse modification of habitat of such a species which is determined by the Secretary, after consultation as appropriate with affected States, to be critical if the Secretary determines, based on the best scientific and commercial data available, that the effects that are reasonably certain to be caused by the action are likely to result in the action itself causing such jeopardy. (5)For the purposes of a consultation carried out pursuant to paragraph (2) or a conference carried out under paragraph (4), the Secretary may only determine that the action that is the subject of such consultation or conference is likely to jeopardize the continued existence of an applicable species or result in the destruction or adverse modification of habitat of such a species which is determined by the Secretary, after consultation as appropriate with affected States, to be critical if the Secretary determines, based on the best scientific and commercial data available, that the effects that are reasonably certain to be caused by the action are likely to result in the action itself causing such jeopardy..

601. Permits for CITES-listed species Section 9(c)(2) of Endangered Species Act of 1973 (16 U.S.C. 1538(c)(2)) is amended to read as follows: An export from or import into the United States of fish or wildlife listed as a threatened species or an endangered species pursuant to section 4 is lawful under this Act and not subject to permit requirements or other regulations issued by the Secretary with respect to exportation and importation pursuant to this Act if— such fish or wildlife is a species that is not native to the United States; and with respect to the export or import, each applicable requirement— of the Convention is satisfied; and of subsections (d), (e), and (f) is satisfied. (2)An export from or import into the United States of fish or wildlife listed as a threatened species or an endangered species pursuant to section 4 is lawful under this Act and not subject to permit requirements or other regulations issued by the Secretary with respect to exportation and importation pursuant to this Act if—(A)such fish or wildlife is a species that is not native to the United States; and(B)with respect to the export or import, each applicable requirement—(i)of the Convention is satisfied; and(ii)of subsections (d), (e), and (f) is satisfied..

602. Utilize Convention standard for permits applicable to non-native species Section 10(a)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)(1)(A)) is amended to read as follows: with respect to a species that is native to the United States, any act otherwise prohibited by section 9 for scientific purposes or to enhance the propagation or survival of the affected species, including acts necessary for the establishment and maintenance of experimental populations pursuant to subsection (j); and with respect to a species that is not native to the United States, any act otherwise prohibited by section 9 that the Secretary determines is not detrimental to the survival of the affected species, including— to export or re-import, deliver, receive, carry, transport, or ship in interstate or foreign commerce in the course of a commercial activity; to buy or sell or offer for sale in interstate or foreign commerce; and acts necessary for the establishment and maintenance of experimental populations pursuant to subsection (j); or (A)(i)with respect to a species that is native to the United States, any act otherwise prohibited by section 9 for scientific purposes or to enhance the propagation or survival of the affected species, including acts necessary for the establishment and maintenance of experimental populations pursuant to subsection (j); and(ii)with respect to a species that is not native to the United States, any act otherwise prohibited by section 9 that the Secretary determines is not detrimental to the survival of the affected species, including—(I)to export or re-import, deliver, receive, carry, transport, or ship in interstate or foreign commerce in the course of a commercial activity;(II)to buy or sell or offer for sale in interstate or foreign commerce; and(III)acts necessary for the establishment and maintenance of experimental populations pursuant to subsection (j); or.