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ESA Reform, What does everyone think of this?

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nenmrancher

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The next step is on to the House Floor!!! Vote the polls, call your congressman and ask your friends to do the same!!!




For Immediate Release:
September 22, 2005
Contact: Brian Kennedy at (202) 226-9019


Bipartisan
Threatened and Endangered Species Recovery Act of 2005: Approved Overwhelmingly by Committee

Washington, DC - The House Committee on Resources overwhelmingly approved the Threatened and Endangered Species Recovery Act (TESRA) of 2005 today by a bipartisan vote, 26-12.

Background and Need of TESRA

"Having this much bipartisan support coming from the committee sends a very strong signal to the rest of the House," Chairman Pombo said. "Improving this law for the 21st century has become a conservative, liberal and commonsense cause for this Congress. This bill will help turn three decades of conflict into real cooperation for species conservation and recovery."

Rep. Dennis Cardoza (D-CA):

"I am co-sponsoring the Endangered Species Recovery Act because I believe the ESA should be enhanced and refocused on its original goal - species recovery. Since the passage of the ESA over 30 years ago, it has been diverted from that goal, and is increasingly driven by litigation, not science. I am confident that this bill will strengthen the ability of ESA to recover species, while reducing the burden on local economies and landowners."

Rep. Louie Gohmert (R-TX):

"It is high time that we act to correct yet another piece of well intentioned legislation that has transformed our environmental policies into a legal nightmare for private landowners. Hopefully, this will reintroduce some sanity to a law that is, by all insightful accounts, broken in its current form. It is also gratifying to have so many Democrats join in with the efforts to make common sense a part of the law. Chairman Pombo deserves a Congressional Medal of Persistence and Patience."

Rep. Cathy McMorris (R-WA):

"Today we took a big step forward in restoring common sense solutions to the ESA and helping our region's economy. This bill will help facilitate the relationship between protecting those species that are truly endangered and using our natural resources and our land. We have seen first hand the impact that the Endangered Species Act has had on our river systems in the Pacific Northwest. This bill will help us move away from litigation, lawsuits and punitive settlements, and allow us to better recover species by providing incentives, employing peer-reviewed standards data based on objective scientific practices, and compensating private property owners for lost use of land."

Rep. George Radanovich (R-CA):

"Today's Committee vote is an important step forward in our bipartisan effort to bring common sense back to the implementation of the Endangered Species Act. This much-needed legislation brings meaningful improvements to the Act by providing for the use of the best available scientific data in all decisions as well as including language that would better protect and recover species in need."

Rep. Greg Walden (R-OR):

"Our over-arching goal with this legislation is to make the law more successfully achieve the goals that were established 32 years ago when it was enacted, and I appreciate the support of the House Resources Committee through their approval today. These modest changes would bring tangible and positive results for the environment and the people we represent through improved scientific requirements in decision making, prioritization of species in need, protection of private property rights, and a streamlined process that will be open and accountable to the public."

Rep. Barbara Cubin (R-WY):

"We need to encourage private property owners to take part in the process. This bill provides incentives to private property owners to come to the table and it will force the federal government to respect the property rights of farmers, ranchers and landowners."

Rep. John Peterson (R-PA):

"I think most reasonable folks can agree that a thorough and careful update of the Act is a good thing, and will go a long way toward ensuring its future viability. I'm glad that after three decades we were finally able to deliver that update - influenced by established science, and guided by basic tenets of commonsense."

Rep. Jim Gibbons (R-NV):

"The current law is simply not working. A less than 1 percent recovery rate is unacceptable, and we can do better. This legislation will foster a more collaborative relationship between landowners, state governments, the federal government, and all other stakeholders to create effective recovery plans based on sound science. This collaborative process is necessary if we are going to truly protect and recover our endangered species."

###


http://www.zwire.com/site/news.cfm?newsid=15250224&BRD=1452&PAG=461&dept_id=155076&rfi=6

Graves seeks to change Endangered Species Act




By: Sheri Baker-Rickman, Staff Writer September 22, 2005



Email to a friend Voice your opinion

The Endangered Species Act is a failure according to Rep. Sam Graves, who plans on fixing the legislation.
Graves introduced a bill; H.R. 3300, to add "common sense" changes to the ESA Sept. 14.


"The ESA is simply not working," Graves said.

The ESA, approved in 1973, is designed to prevent extinction of species, in part by protecting habitats.

If passed, Graves' bill will create a voluntary landowner incentive program. Graves said this would improve relationships between landowners and the government while improving species recovery efforts.

Graves' bill explains the duties of the landowner and provides compensation for participation in the incentive program. However, the bill also allows opportunities and options to opt out of the plan and conditions for modifying and terminating a plan.

But David Anderson, chairman of the Thomas Hart Benton Group of the Sierra Club said Graves' plan is flawed.

"Landowners shouldn't be compensated for complying with the Endangered Species Act," Anderson said. "This is like the city paying me to keep my lawn mowed."

Anderson said Graves' plan would make enforcement of the ESA very expensive and could cause the extinction of many species.

Testimony on the bill began Sept. 15, and the Missouri River, home to three listed species - the Piping Plover, Pallid Sturgeon and Least Tern - was addressed.

"We take issue with the manner in which the Endangered Species Act is being applied in the management of the Missouri River," said Mike Wells, chief of Water Resources for the state of Missouri. He said he believed there is a way to protect species without harming citizens who live and farm along the river.

The U.S. Fish and Wildlife Service has listed the piping plover as a threatened species in Missouri and endangered in other states. It makes its home along the Missouri River and destruction of its breeding sites has contributed to the species decline.

"I'm more concerned about the rights of landowners than the Piping Plover," said Graves. "By working with, instead of against landowners, we can save more species."

"I am more concerned about the overall good for future generations than the immediate interests of landowners today," said Anderson.

He said he is not insensitive to landowners' issues but believes preventing the extinction of species is a larger interest of society.

Although Graves said he wants to work to save species, he may have a hard time convincing environmentalists.

The League of Conservation Voters, a political group dedicated to "shaping a pro-environment Congress and White House," lists Graves as "anti-environment" and rated him a score of 10 percent. Dividing the number of pro-environment votes cast by Graves by the total number of votes scored derives his score.
************************************************************


The key to Endangered Species Act (ESA) Reform is public opinion... we need to demonstrate that "the public" wants reform... vote early and vote often!

*Note there are NOW 2 ESA polls in Chairman Pombo's District papers, please make sure you've voted in both!*

Stockton Record Online Poll: http://www.recordnet.com/apps/pbcs.dll/frontpage



Contra Costa Times Online Poll: http://www.contracostatimes.com/



Does anyone think that this has a chance of passing?
 

Cal

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ESA is a joke. You can bet that the same old crew will be against any reform.
 

Liberty Belle

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The greenies are going ballistic over this. If there is one thing they can't tolerate, it is the right of the landowner to control the landowner's own private property. These guys believe that all land should be owned and controlled by the government and the constitution be damned.

Here's the actual wording of the bill:

[109th CONGRESS House Bills]
[From the U.S. Government Printing Office via GPO Access]
[Introduced in House]
[DOCID: f:h3824ih.txt]


109th CONGRESS
1st Session
H. R. 3824

To amend and reauthorize the Endangered Species Act of 1973 to provide
greater results conserving and recovering listed species, and for other
purposes.


_______________________________________________________________________


IN THE HOUSE OF REPRESENTATIVES

September 19, 2005

Mr. Pombo (for himself, Mr. Cardoza, Mr. Walden of Oregon, Mr. Berry,
Mr. Radanovich, Mr. Ross, Mrs. Cubin, Miss McMorris, Mr. Thompson of
Mississippi, Mr. Brown of South Carolina, Mr. Baca, Mr. Graves, Mr.
Costa, and Mr. Gibbons) introduced the following bill; which was
referred to the Committee on Resources

_______________________________________________________________________

A BILL



To amend and reauthorize the Endangered Species Act of 1973 to provide
greater results conserving and recovering listed species, and for other
purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Threatened and
Endangered Species Recovery Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment references.
Sec. 3. Definitions.
Sec. 4. Determinations of endangered species and threatened species.
Sec. 5. Repeal of critical habitat requirements.
Sec. 6. Petitions and procedures for determinations and revisions.
Sec. 7. Reviews of listings and determinations.
Sec. 8. Protective regulations.
Sec. 9. Secretarial guidelines; State comments.
Sec. 10. Recovery plans and land acquisitions.
Sec. 11. Cooperation with States.
Sec. 12. Interagency cooperation and consultation.
Sec. 13. Exceptions to prohibitions.
Sec. 14. Private property conservation.
Sec. 15. Public accessibility and accountability.
Sec. 16. Annual cost analyses.
Sec. 17. Authorization of appropriations.
Sec. 18. Clerical amendment to table of contents.
Sec. 19. Miscellaneous technical corrections.

SEC. 2. AMENDMENT REFERENCES.

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.).

SEC. 3. DEFINITIONS.

(a) Best Available Scientific Data.--Section 3 (16 U.S.C. 1532) is
amended by redesignating paragraphs (2) through (21) in order as
paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (11), (13), (14),
(15), (16), (17), (18), (19), (20), (21), and (22), respectively, and
by inserting before paragraph (3), as so redesignated, the following:
``(2)(A) The term `best available scientific data' means
scientific data, regardless of source, that are available to
the Secretary at the time of a decision or action for which
such data are required by this Act and that the Secretary
determines are the most accurate, reliable, and relevant for
use in that decision or action.
``(B) Not later than one year after the date of the
enactment of the Threatened and Endangered Species Recovery Act
of 2005, the Secretary shall issue regulations that establish
criteria that must be met to determine which data constitute
the best available scientific data for purposes of subparagraph
(A).
``(C) If the Secretary determines that data for a decision
or action do not comply with the criteria established by the
regulations issued under subparagraph (B), do not comply with
guidance issued under section 515 of the Treasury and General
Government Appropriations Act, 2001 (Public Law 106-554; 114
Stat. 2763A-171) by the Director of the Office of Management
and Budget and the Secretary, do not consist of any empirical
data, or are found in sources that have not been subject to
peer review in a generally acceptable manner--
``(i) the Secretary shall undertake the necessary
measures to assure compliance with such criteria or
guidance; and
``(ii) the Secretary may--
``(I) secure such empirical data;
``(II) seek appropriate peer review; and
``(III) reconsider the decision or action
based on any supplemental or different data
provided or any peer review conducted pursuant
to this subparagraph.''.
(b) Permit or License Applicant.--Section 3 (16 U.S.C. 1532) is
further amended by amending paragraph (13), as so redesignated, to read
as follows:
``(13) The term `permit or license applicant' means, when
used with respect to an action of a Federal agency that is
subject to section 7(a) or (b), any person that has applied to
such agency for a permit or license or for formal legal
approval to perform an act.''.
(c) Jeopardize the Continued Existence.--Section 3 (16 U.S.C. 1532)
is further amended by inserting after paragraph (11) the following:
``(12) Jeopardize the continued existence.--The term
`jeopardize the continued existence' means, with respect to an
agency action (as that term is defined in section 7(a)(2)),
that the action reasonably would be expected to significantly
impede, directly or indirectly, the conservation in the long-
term of the species in the wild.''.
(d) Conforming Amendment.--Section 7(n) (16 U.S.C. 1536(n)) is
amended by striking ``section 3(13)'' and inserting ``section 3(14)''.

SEC. 4. DETERMINATIONS OF ENDANGERED SPECIES AND THREATENED SPECIES.

(a) Requirement to Make Determinations.--Section 4 (16 U.S.C. 1533)
is amended by striking so much as precedes subsection (a)(3) and
inserting the following:

``determination of endangered species and threatened species

``Sec. 4. (a) In General.--(1)(A) The Secretary shall by regulation
promulgated in accordance with subsection (b) determine whether any
species is an endangered species or a threatened species because of any
of the following factors:
``(i) The present or threatened destruction, modification,
or curtailment of its habitat or range by human activities,
competition from other species, drought, fire, or other
catastrophic natural causes.
``(ii) Overutilization for commercial, recreational,
scientific, or educational purposes.
``(iii) Disease or predation.
``(iv) The inadequacy of existing regulatory mechanisms,
including any efforts identified pursuant to subsection (b)(1).
``(v) Other natural or manmade factors affecting its
continued existence.
``(B) The Secretary shall use the authority provided by
subparagraph (A) to determine any distinct population of any species of
vertebrate fish or wildlife to be an endangered species or a threatened
species only sparingly.''.
(b) Basis for Determination.--Section 4(b)(1)(A) (16 U.S.C.
1533(b)(1)(A)) is amended--
(1) by striking ``best scientific and commercial data
available to him'' and inserting ``best available scientific
data''; and
(2) by inserting ``Federal agency, any'' after ``being made
by any''.
(c) Lists.--Section 4(c)(2) (16 U.S.C. 1533(c)(2)) is amended to
read as follows:
``(2)(A) The Secretary shall--
``(i) conduct, at least once every 5 years, based
on the information collected for the biennial reports
to the Congress required by paragraph (3) of subsection
(f), a review of all species included in a list that is
published pursuant to paragraph (1) and that is in
effect at the time of such review; and
``(ii) determine on the basis of such review and
any other information the Secretary considers relevant
whether any such species should--
``(I) be removed from such list;
``(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.
``(B) Each determination under subparagraph (A)(ii) shall
be made in accordance with subsections (a) and (b).''.

SEC. 5. REPEAL OF CRITICAL HABITAT REQUIREMENTS.

(a) Repeal of Requirement.--Section 4(a) (16 U.S.C. 1533(a)) is
amended by striking paragraph (3).
(b) Conforming Amendments.--
(1) Section 3 (16 U.S.C. 1532), as amended by section 3 of
this Act, is further amended by striking paragraph (5) and by
redesignating paragraphs (6) through (22) in order as
paragraphs (5) through (21).
(2) Section 4(b) (16 U.S.C. 1533(b)), as otherwise amended
by this Act, is further amended by striking paragraph (2), and
by redesignating paragraphs (3) through (9) in order as
paragraphs (2) through (8), respectively.
(3) Section 4(b) (16 U.S.C. 1533(b)) is further amended in
paragraph (2), as redesignated by paragraph (2) of this
subsection, by striking subparagraph (D).
(4) Section 4(b) (16 U.S.C. 1533(b)) is further amended in
paragraph (4), as redesignated by paragraph (2) of this
subsection, by striking ``determination, designation, or
revision referred to in subsection (a)(1) or (3)'' and
inserting ``determination referred to in subsection (a)(1)''.
(5) Section 4(b) (16 U.S.C. 1533(b)) is further amended in
paragraph (6), as redesignated by paragraph (2) of this
subsection, by striking ``, designation,''.
(6) Section 4(b) (16 U.S.C. 1533(b)) is further amended in
paragraph (7), as redesignated by paragraph (2) of this
subsection, by striking ``; and if such regulation'' and all
that follows through the end of the sentence and inserting a
period.
(7) Section 4(c)(1) (16 U.S.C. 1533(c)(1)) is amended--
(A) in the second sentence--
(i) by inserting ``and'' after ``if any'';
and
(ii) by striking ``and specify any'' and
all that follows through the end of the
sentence and inserting a period; and
(B) in the third sentence by striking ``,
designations,''.
(8) Section 5 (16 U.S.C. 1534), as amended by section
10(a)(3) of this Act, is further amended in subsection (i)(2)
by striking ``section 4(b)(7)'' and inserting ``section
4(b)(6)''.
(9) Section 6(c) (16 U.S.C. 1535(c)), as amended by section
11(1) of this Act, is further amended in paragraph (3) by
striking ``section 4(b)(3)(B)(iii)'' each place it appears and
inserting ``section 4(b)(2)(B)(iii)''.
(10) Section 7 (16 U.S.C. 1536) is amended--
(A) in subsection (a)(2) in the second sentence by
striking ``or result in the destruction or modification
of any habitat of such species'' and all that follows
through the end of the sentence and inserting a period;
(B) in subsection (a)(4) in the first sentence by
striking ``or result'' and all that follows through the
end of the sentence and inserting a period; and
(C) in subsection (b)(3)(A) by striking ``or its
critical habitat''.
(11) Section 10(j)(2)(C)) (16 U.S.C. 1539(j)(2)(C)), as
amended by section 13(c) of this Act, is further amended--
(A) by striking ``that--'' and all that follows
through ``(i) solely'' and inserting ``that solely'';
and
(B) by striking ``; and'' and all that follows
through the end of the sentence and inserting a period.

SEC. 6. PETITIONS AND PROCEDURES FOR DETERMINATIONS AND REVISIONS.

(a) Treatment of Petitions.--Section 4(b)(3) (16 U.S.C. 1533(b)(3))
is amended by adding at the end of subparagraph (A) the following:
``The Secretary shall not make a finding that the petition presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted unless the petitioner provides to
the Secretary a copy of all information cited in the petition.''.
(b) Implementing Regulations.--
(1) Proposed regulations.--Section 4(b) (16 U.S.C. 1533(b))
is amended--
(A) in paragraph (5)(A)--
(i) in clause (i) by striking ``, and'' and
inserting a semicolon;
(ii) in clause (ii) by striking ``to the
State agency in'' and inserting ``to the
Governor of, and the State agency in,'';
(iii) in clause (ii) by striking ``such
agency'' and inserting ``such Governor or
agency'';
(iv) in clause (ii) by inserting ``and''
after the semicolon at the end; and
(v) by adding at the end the following:
``(iii) maintain, and shall make available, a complete
record of all information concerning the determination or
revision in the possession of the Secretary, on a publicly
accessible website on the Internet, including an index to such
information.''; and
(B) by adding at the end the following:
``(9)(A) Information maintained and made available under
paragraph (5)(A)(iii) shall include any status review, all
information cited in such a status review, all information
referred to in the proposed regulation and the preamble to the
proposed regulation, and all information submitted to the
Secretary by third parties.
``(B) The Secretary shall withhold from public review under
paragraph (5)(A)(iii) any information that may be withheld
under 552 of title 5, United States Code''.
(2) Final regulations.--Section 4(b)(6) (16 U.S.C.
1533(b)(6)) is amended--
(A) in subparagraph (A) by striking clauses (i) and
(ii) and inserting the following:
``(i) a final regulation to implement such a determination
of whether a species is an endangered species or a threatened
species;
``(ii) notice that such one-year period is being extended
under subparagraph (B)(i); or
``(iii) notice that the proposed regulation is being
withdrawn under subparagraph (B)(ii), together with the finding
on which such withdrawal is based.'';
(B) in subparagraph (B)(i) by striking
``subparagraph (A)(i)'' and inserting ``subparagraph
(A)'';
(C) in subparagraph (B)(ii) by striking
``subparagraph (A)(i)'' and inserting ``subparagraph
(A)''; and
(D) by striking subparagraph (C).
(3) Emergency determinations.--Section 4(b)(7) (16 U.S.C.
1533(b)(7)) is amended--
(A) in the matter preceding subparagraph (A), by
inserting ``with respect to a determination of a
species to be an endangered species or a threatened
species'' after ``any regulation''; and
(B) in subparagraph (B), by striking ``the State
agency in'' and inserting ``the Governor of, and State
agency in,''.

SEC. 7. REVIEWS OF LISTINGS AND DETERMINATIONS.

Section 4(c) (16 U.S.C. 1533(c)) is amended in paragraph (2)--
(1) in subparagraph (B)--
(A) in the matter preceding clause (i), by striking
``any such species should''; and
(B) in each of clause (i), (ii), and (iii), by
inserting ``any such species should'' before ``be'';
and
(2) by striking the last sentence and inserting the
following:
``(3) Each determination under paragraph (2)(B) shall consider one
of the following:
``(A) Except as provided in subparagraph (B) of this
paragraph, the criteria in the recovery plan for the species
required by section 5(c)(1)(A) or (B).
``(B) If the recovery plan is issued before the criteria
required under section 5(c)(1)(A) and (B) are established or if
no recovery plan exists for the species, the factors for
determination that a species is an endangered species or a
threatened species set forth in subsections (a)(1)(A) and
(b)(1).
``(C) A finding of fundamental error in the determination
that the species is an endangered species, a threatened
species, or extinct.
``(D) A determination that the species is no longer an
endangered species or threatened species or in danger of
extinction, based on an analysis of the factors that are the
basis for listing under section 4(a)(1).''.

SEC. 8. PROTECTIVE REGULATIONS.

Section 4(d) (16 U.S.C. 1533(d)) is amended by striking so much as
precedes ``respect'' and inserting the following:
``(d) Protective Regulations.--(1) Whenever any species is
determined to be a threatened species pursuant to subsection (a)(1),
the Secretary may, by regulation published on or after the date of
publication of the rule implementing the determination, prohibit with
respect to the threatened species any act prohibited under section
9(a)(1) in the case of fish or wildlife, or section 9(a)(2) in the case
of plants, with respect to endangered species.
``(2) Each regulation published under this subsection shall be
accompanied with a statement by the Secretary of the reason or reasons
for applying any particular prohibition to the threatened species.
``(3) A regulation issued under this subsection may apply to more
than one threatened species only if the specific threats to, and
specific biological conditions and needs of, the species are identical,
or sufficiently similar, to warrant the application of identical
prohibitions.
``(4) With''.

SEC. 9. SECRETARIAL GUIDELINES; STATE COMMENTS.

Section 4 (16 U.S.C. 1533) is amended--
(1) by striking subsections (f) and (g) and redesignating
subsections (h) and (i) as subsections (f) and (g),
respectively;
(2) in subsection (f), as redesignated by paragraph (1) of
this subsection--
(A) in the heading by striking ``Agency'' and
inserting ``Secretarial'';
(B) in the matter preceding paragraph (1), by
striking ``the purposes of this section are achieved''
and inserting ``this section is implemented'';
(C) by redesignating paragraph (4) as paragraph
(5);
(D) by inserting after paragraph (3) the following:
``(4) the criteria for determining best available
scientific data pursuant to section 3(2); and''; and
(E) in paragraph (5), as redesignated by
subparagraph (C) of this paragraph, by striking
``subsection (f) of this section'' and inserting
``section 5'';
(3) in subsection (g), as redesignated by paragraph (1) of
this section--
(A) by inserting ``State Comments.--'' before the
first sentence;
(B) by striking ``a State agency'' the first place
it appears and inserting ``a Governor or a State
agency'';
(C) by striking ``a State agency'' the second place
it appears and inserting ``a Governor or a State
agency'';
(D) by striking ``the State agency'' and inserting
``the Governor or the State agency''; and
(E) by striking ``the agency's'' and inserting
``the Governor's or the State agency's''.

SEC. 10. RECOVERY PLANS AND LAND ACQUISITIONS.

(a) In General.--Section 5 (16 U.S.C. 1534) is amended--
(1) by redesignating subsections (a) and (b) as subsections
(j) and (k), respectively;
(2) in subsection (k), as redesignated by paragraph (1) of
this section, by striking ``subsection (a) of this section''
and inserting ``subsection (j)''; and
(3) by striking so much as precedes subsection (j), as
redesignated by paragraph (1) of this section, and inserting
the following:

``recovery plans and land acquisition

``Sec. 5. (a) Recovery Plans.--The Secretary shall, in accordance
with this section, develop and implement a plan (in this subsection
referred to as a `recovery plan') for the species determined under
section 4(a)(1) to be an endangered species or a threatened species,
unless the Secretary finds that such a plan will not promote the
conservation and survival of the species.
``(b) Development of Recovery Plans.--(1) Subject to paragraphs (2)
and (3), the Secretary, in developing recovery plans, shall, to the
maximum extent practicable, give priority to those endangered species
or threatened species, without regard to taxonomic classification, that
are most likely to benefit from such plans, particularly those species
that are, or may be, in conflict with construction or other development
projects or other forms of economic activity.
``(2) In the case of any species determined to be an endangered
species or threatened species after the date of the enactment of the
Threatened and Endangered Species Recovery Act of 2005, the Secretary
shall publish a final recovery plan for a species within 2 years after
the date the species is listed under section 4(c).
``(3)(A) For those species that are listed under section 4(c) on
the date of enactment of the Threatened and Endangered Species Recovery
Act of 2005 and are described in subparagraph (B) of this paragraph,
the Secretary, after providing for public notice and comment, shall--
``(i) not later than 1 year after such date, publish in the
Federal Register a priority ranking system for preparing or
revising such recovery plans that is consistent with paragraph
(1) and takes into consideration the scientifically based needs
of the species; and
``(ii) not later than 18 months after such date, publish in
the Federal Register a list of such species ranked in
accordance with the priority ranking system published under
clause (i) for which such recovery plans will be developed or
revised, and a tentative schedule for such development or
revision.
``(B) A species is described in this subparagraph if--
``(i) a recovery plan for the species is not published
under this Act before the date of enactment of the Threatened
and Endangered Species Recovery Act of 2005 and the Secretary
finds such a plan would promote the conservation and survival
of the species; or
``(ii) a recovery plan for the species is published under
this Act before such date of enactment and the Secretary finds
revision of such plan is warranted.
``(C)(i) The Secretary shall, to the maximum extent practicable,
adhere to the list and tentative schedule published under subparagraph
(A)(ii) in developing or revising recovery plans pursuant to this
paragraph.
``(ii) The Secretary shall provide the reasons for any deviation
from the list and tentative schedule published under subparagraph
(A)(ii), in each report to the Congress under subsection (e).
``(c) Plan Contents.--(1)(A) Except as provided in subparagraph
(E), a recovery plan shall be based on the best available scientific
data and shall include the following:
``(i) Objective, measurable criteria that, when met, would
result in a determination, in accordance with this section,
that the species to which the recovery plan applies be removed
from the lists published under section 4(c) or be reclassified
from an endangered species to a threatened species.
``(ii) A description of such site-specific or other
measures that would achieve the criteria established under
clause (i), including such intermediate measures as are
warranted to effect progress toward achievement of the
criteria.
``(iii) Estimates of the time required and the costs to
carry out those measures described under clause (ii),
including, to the extent practicable, estimated costs for any
recommendations, by the recovery team, or by the Secretary if
no recovery team is selected, that any of the areas identified
under clause (iv) be acquired on a willing seller basis.
``(iv) An identification of those specific areas that are
of special value to the conservation of the species.
``(B) Those members of any recovery team appointed pursuant to
subsection (d) with relevant scientific expertise, or the Secretary if
no recovery team is appointed, shall, based solely on the best
available scientific data, establish the objective, measurable criteria
required under subparagraph (A)(i).
``(C)(i) If the recovery team, or the Secretary if no recovery team
is appointed, determines in the recovery plan that insufficient best
available scientific data exist to determine criteria or measures under
subparagraph (A) that could achieve a determination to remove the
species from the lists published under section 4(c), the recovery plan
shall contain interim criteria and measures that are likely to improve
the status of the species.
``(ii) If a recovery plan does not contain the criteria and
measures provided for by clause (i) of subparagraph (A), the recovery
team for the plan, or by the Secretary if no recovery team is
appointed, shall review the plan at intervals of no greater than 5
years and determine if the plan can be revised to contain the criteria
and measures required under subparagraph (A).
``(iii) If the recovery team or the Secretary, respectively,
determines under clause (ii) that a recovery plan can be revised to add
the criteria and measures provided for under subparagraph (A), the
recovery team or the Secretary, as applicable, shall revise the
recovery plan to add such criteria and measures within 2 years after
the date of the determination.
``(D) In specifying measures in a recovery plan under subparagraph
(A), a recovery team or the Secretary, as applicable, shall--
``(i) whenever possible include alternative measures; and
``(ii) in developing such alternative measures, the
Secretary shall seek to identify, among such alternative
measures of comparable expected efficacy, the alternative
measures that are least costly.
``(E) Estimates of time and costs pursuant to subparagraph
(A)(iii), and identification of the least costly alternatives pursuant
to subparagraph (D)(ii), are not required to be based on the best
available scientific data.
``(2) Any area that, immediately before the enactment of the
Threatened and Endangered Species Recovery Act of 2005, is designated
as critical habitat of an endangered species or threatened species
shall be treated as an area described in subparagraph (A)(iv) until a
recovery plan for the species is developed or the existing recovery
plan for the species is revised pursuant to subsection (b)(3).
``(d) Recovery Teams.--(1) The Secretary shall promulgate
regulations that provide for the establishment of recovery teams for
development of recovery plans under this section.
``(2) Such regulations shall--
``(A) establish criteria and the process for selecting the
members of recovery teams, and the process for preparing
recovery plans, that ensure that each team--
``(i) is of a size and composition to enable timely
completion of the recovery plan; and
``(ii) includes sufficient representation from
constituencies with a demonstrated direct interest in
the species and its conservation or in the economic and
social impacts of its conservation to ensure that the
views of such constituencies will be considered in the
development of the plan;
``(B) include provisions regarding operating procedures of
and recordkeeping by recovery teams;
``(C) ensure that recovery plans are scientifically
rigorous and that the evaluation of costs required by
paragraphs (1)(A)(iii) and (1)(D) of subsection (c) are
economically rigorous; and
``(D) provide guidelines for circumstances in which the
Secretary may determine that appointment of a recovery team is
not necessary or advisable to develop a recovery plan for a
specific species, including procedures to solicit public
comment on any such determination.
``(3) The Federal Advisory Committee Act (5 App. U.S.C.) shall not
apply to recovery teams appointed in accordance with regulations issued
by the Secretary under this subsection.
``(e) Reports to Congress.--(1) The Secretary shall report every
two years to the Committee on Resources of the House of Representatives
and the Committee on Environment and Public Works of the Senate on the
status of all domestic endangered species and threatened species and
the status of efforts to develop and implement recovery plans for all
domestic endangered species and threatened species.
``(2) In reporting on the status of such species since the time of
its listing, the Secretary shall include--
``(A) an assessment of any significant change in the well-
being of each such species, including--
``(i) changes in population, range, or threats; and
``(ii) the basis for that assessment; and
``(B) for each species, a measurement of the degree of
confidence in the reported status of such species, based upon a
quantifiable parameter developed for such purposes.
``(f) Public Notice and Comment.--The Secretary shall, prior to
final approval of a new or revised recovery plan, provide public notice
and an opportunity for public review and comment on such plan. The
Secretary shall consider all information presented during the public
comment period prior to approval of the plan.
``(g) State Comment.--The Secretary shall, prior to final approval
of a new or revised recovery plan, provide a draft of such plan and an
opportunity to comment on such draft to the Governor of, and State
agency in, any State to which such draft would apply. The Secretary
shall include in the final recovery plan the Secretary's response to
the comments of the Governor and the State agency.
``(h) Use of Plans.--(1) Each Federal agency shall consider any
relevant best available scientific data contained in a recovery plan in
any analysis conducted under section 102 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332).
``(2)(A)(i) The head of any Federal agency may enter into an
agreement with the Secretary specifying the measures the agency will
carry out to implement a recovery plan.
``(ii) Each such agreement shall be published in draft form with
notice and an opportunity for public comment.
``(iii) Each such final agreement shall be published, with
responses by the head of the Federal agency to any public comments
submitted on the draft agreement.
``(B) Nothing in a recovery plan shall be construed to establish
regulatory requirements or otherwise to have an effect other than as
nonbinding guidance, except with respect to any program or project
covered by an implementation agreement under this paragraph.
``(i) Monitoring.--(1) The Secretary shall implement a system in
cooperation with the States to monitor effectively for not less than
five years the status of all species that have recovered to the point
at which the measures provided pursuant to this Act are no longer
necessary and that, in accordance with this section, have been removed
from the lists published under section 4(c).
``(2) The Secretary shall make prompt use of the authority under
section 4(b)(7) to prevent a significant risk to the well-being of any
such recovered species.''.
(b) Recovery Plans for Species Occupying More Than One State.--
Section 6 (16 U.S.C. 1535) is amended by adding at the end the
following:
``(j) Recovery Plans for Species Occupying More Than One State.--
Any recovery plan under section 5 for an endangered species or a
threatened species that occupies more than one State shall identify
criteria and actions pursuant to subsection (c)(1) of section 5 for
each State that are necessary so that the State may pursue a
determination that the portion of the species found in that State may
be removed from lists published under section 4(c).''.
(c) Species Recovery Agreements and Species Conservation Contract
Agreements.--
(1) Agreements authorized.--Section 5 (16 U.S.C. 1534) is
further amended by adding at the end the following:
``(l) Species Recovery Agreements and Species Conservation Contract
Agreements.--(1) The Secretary may enter into species recovery
agreements pursuant to paragraph (2) and species conservation contract
agreements pursuant to paragraph (3) with persons, other than agencies
or departments of the Federal Government or State governments, under
which the Secretary is obligated, subject to the availability of
appropriations, to make annual payments or provide other compensation
to the persons to implement the agreements.
``(2)(A) The Secretary and persons who own or control the use of
private land may enter into species recovery agreements with a term of
not less than 5 years that meet the criteria set forth in subparagraph
(B) and are in accordance with the priority established in subparagraph
(C).
``(B) A species recovery agreement entered into under this
paragraph by the Secretary with a person--
``(i) shall require that the person shall carry out, on the
land owned or controlled by the person, activities that--
``(I) protect and restore habitat for covered
species that are species determined to be endangered
species or threatened species pursuant to section
4(a)(1);
``(II) contribute to the conservation of one or
more covered species; and
``(III) specify and implement a management plan for
the covered species;
``(ii) shall specify such a management plan that includes--
``(I) identification of the covered species;
``(II) a description of the land to which the
agreement applies; and
``(III) a description of, and a schedule to carry
out, the activities under clause (i);
``(iii) shall provide sufficient documentation to establish
ownership or control by the person of the land to which the
agreement applies;
``(iv) shall include the amounts of the annual payments or
other compensation to be provided by the Secretary to the
person under the agreement, and the terms under which such
payments or compensation shall be provided; and
``(v) shall include--
``(I) the duties of the person;
``(II) the duties of the Secretary;
``(III) the terms and conditions under which the
person and the Secretary mutually agree the agreement
may be modified or terminated; and
``(IV) acts or omissions by the person or the
Secretary that shall be considered violations of the
agreement, and procedures under which notice of and an
opportunity to remedy any violation by the person or
the Secretary shall be given.
``(C) In entering into species recovery agreements under this
paragraph, the Secretary shall accord priority to agreements that apply
to any areas that are identified in recovery plans pursuant to
subsection (c)(1)(A)(iv).
``(3)(A) The Secretary and persons who own private land may enter
into species conservation contract agreements with terms of 30 years,
20 years, or 10 years that meet the criteria set forth in subparagraph
(B) and standards set forth in subparagraph (D) and are in accordance
with the priorities established in subparagraph (C).
``(B) A species conservation contract agreement entered into under
this paragraph by the Secretary with a person--
``(i) shall provide that the person shall, on the land
owned by the person--
``(I) carry out conservation practices to meet one
or more of the goals set forth in clauses (i) through
(iii) of subparagraph (C) for one or more covered
species, that are species that are determined to be
endangered species or threatened species pursuant to
section 4(a)(1), species determined to be candidate
species pursuant to section 4(b)(3)(B)(iii), or species
subject to comparable designations under State law; and
``(II) specify and implement a management plan for
the covered species;
``(ii) shall specify such a management plan that includes--
``(I) identification of the covered species;
``(II) a description in detail of the conservation
practices for the covered species that the person shall
undertake;
``(III) a description of the land to which the
agreement applies; and
``(IV) a schedule of approximate deadlines, whether
one-time or periodic, for undertaking the conservation
practices described pursuant to subclause (II);
``(V) a description of existing or future economic
activities on the land to which the agreement applies
that are compatible with the conservation practices
described pursuant to subclause (II) and generally with
conservation of the covered species;
``(iii) shall specify the term of the agreement; and
``(iv) shall include--
``(I) the duties of the person;
``(II) the duties of the Secretary;
``(III) the terms and conditions under which the
person and the Secretary mutually agree the agreement
may be modified or terminated;
``(IV) acts or omissions by the person or the
Secretary that shall be considered violations of the
agreement, and procedures under which notice of and an
opportunity to remedy any violation by the person or
the Secretary shall be given; and
``(V) terms and conditions for early termination of
the agreement by the person before the management plan
is fully implemented or termination of the agreement by
the Secretary in the case of a violation by the person
that is not remedied under subclause (IV), including
any requirement for the person to refund all or part of
any payments received under subparagraph (E) and any
interest thereon.
``(C) The Secretary shall establish priorities for the selection of
species conservation contract agreements, or groups of such agreements
for adjacent or proximate lands, to be entered into under this
paragraph that address the following factors:
``(i) The potential of the land to which the agreement or
agreements apply to contribute significantly to the
conservation of an endangered species or threatened species or
a species with a comparable designation under State law.
``(ii) The potential of such land to contribute
significantly to the improvement of the status of a candidate
species or a species with a comparable designation under State
law.
``(iii) The amount of acreage of such land.
``(iv) The number of covered species in the agreement or
agreements.
``(v) The degree of urgency for the covered species to
implement the conservation practices in the management plan or
plans under the agreement or agreements.
``(vi) Land in close proximity to military test and
training ranges, installations, and associated airspace that is
affected by a covered species.
``(D) The Secretary shall enter into a species conservation
contract agreement submitted by a person, if the Secretary finds that
the person owns such land or has sufficient control over the use of
such land to ensure implementation of the management plan under the
agreement.
``(E)(i) Upon entering into a species conservation contract
agreement with the Secretary pursuant to this paragraph, a person shall
receive the financial assistance provided for in this subparagraph.
``(ii) If the person is implementing fully the agreement, the
person shall receive from the Secretary--
``(I) in the case of a 30-year agreement, an annual
contract payment in an amount equal to 100 percent of the
person's actual costs to implement the conservation practices
described in the management plan under the terms of the
agreement;
``(II) in the case of a 20-year agreement, an annual
contract payment in an amount equal to 80 percent of the
person's actual costs to implement the conservation practices
described in the management plan under the terms of the
agreement; and
``(III) in the case of a 10-year agreement, an annual
contract payment in an amount equal to 60 percent of the
person's actual costs to implement the conservation practices
described in the management plan under the terms of the
agreement.
``(iii)(I) If the person receiving contract payments pursuant to
clause (ii) receives any other State or Federal funds to defray the
cost of any conservation practice, the cost of such practice shall not
be eligible for such contract payments.
``(II) Contributions of agencies or organizations to any
conservation practice other than the funds described in subclause (I)
shall not be considered as costs of the person for purposes of the
contract payments pursuant to clause (iii).
``(4)(A) Upon request of a person seeking to enter into an
agreement pursuant to this subsection, the Secretary may provide to
such person technical assistance in the preparation, and management
training for the implementation, of the management plan for the
agreement.
``(B) Any State agency, local government, nonprofit organization,
or federally recognized Indian tribe may provide assistance to a person
in the preparation of a management plan, or participate in the
implementation of a management plan, including identifying and making
available certified fisheries or wildlife biologists with expertise in
the conservation of species for purposes of the preparation or review
and approval of management plans for species conservation contract
agreements under paragraph (3)(D)(iii).
``(5) Upon any conveyance or other transfer of interest in land
that is subject to an agreement under this subsection--
``(A) the agreement shall terminate if the agreement does
not continue in effect under subparagraph (B);
``(B) the agreement shall continue in effect with respect
to such land, with the same terms and conditions, if the person
to whom the land or interest is conveyed or otherwise
transferred notifies the Secretary of the person's election to
continue the agreement by no later than 30 days after the date
of the conveyance or other transfer and the person is
determined by the Secretary to qualify to enter into an
agreement under this subsection; or
``(C) the person to whom the land or interest is conveyed
or otherwise transferred may seek a new agreement under this
subsection.
``(6) An agreement under this subsection may be renewed with the
mutual consent of the Secretary and the person who entered into the
agreement or to whom the agreement has been transferred under paragraph
(5).
``(7) The Secretary shall make annual payments under this
subsection as soon as possible after December 31 of each calendar year.
``(8) An agreement under this subsection that applies to an
endangered species or threatened species shall, for the purpose of
section 10(a)(4), be deemed to be a permit to enhance the propagation
or survival of such species under section 10(a)(1), and a person in
full compliance with the agreement shall be afforded the protection of
section 10(a)(4).
``(9) The Secretary, or any other Federal official, may not require
a person to enter into an agreement under this subsection as a term or
condition of any right, privilege, or benefit, or of any action or
refraining from any action, under this Act.''.
(2) Subsection (e)(2) of section 7 (16 U.S.C. 1536) (as
redesignated by section 12(d)(2) of this Act) is amended by
inserting ``or in an agreement under section 5(l)'' after
``section''.
(d) Conforming Amendments.--
(1) Section 6(d)(1) (16 U.S.C. 1535(d)(1)) is amended by
striking ``section 4(g)'' and inserting ``section 5(i)''.
(2) The Marine Mammal Protection Act of 1972 is amended--
(A) in section 104(c)(4)(ii) (16 U.S.C.
1374(c)(4)(A)(ii)) by striking ``section 4(f)'' and
inserting ``section 5''; and
(B) in section 115(b)(2) (16 U.S.C. 1383b(b)(2)) by
striking ``section 4(f) of the Endangered Species Act
of 1973 (16 U.S.C. 1533(f))'' and inserting ``section 5
of the Endangered Species Act of 1973''.

SEC. 11. COOPERATION WITH STATES.

Section 6 (16 U.S.C. 1535) is amended--
(1) in subsection (c), by adding at the end the following:
``(3)(A) Any cooperative agreement entered into by the Secretary
under this subsection may also provide for development of a program for
conservation of species determined to be candidate species pursuant to
section 4(b)(3)(B)(iii) or any other species that the State and the
Secretary agree is at risk of being determined to be an endangered
species or threatened species under section 4(a)(1) in that State. Upon
completion of consultation on the agreement pursuant to subsection
(e)(2), any incidental take statement issued on the agreement shall
apply to any such species, and to the State and any landowners enrolled
in any program under the agreement, without further consultation
(except any additional consultation pursuant to subsection (e)(2)) if
the species is subsequently determined to be an endangered species or a
threatened species and the agreement remains an adequate and active
program for the conservation of endangered species and threatened
species.
``(B) Any cooperative agreement entered into by the Secretary under
this subsection may also provide for monitoring or assistance in
monitoring the status of candidate species pursuant to section
4(b)(3)(C)(iii) or recovered species pursuant to section 5(i).
``(C) The Secretary shall periodically review each cooperative
agreement under this subsection and seek to make changes the Secretary
considers necessary for the conservation of endangered species and
threatened species to which the agreement applies.
``(4) Any cooperative agreement entered into by the Secretary under
this subsection that provides for the enrollment of private lands or
water rights in any program established by the agreement shall ensure
that the decision to enroll is voluntary for each owner of such lands
or water rights.'';
(2) in subsection (d)(1)--
(A) by striking ``pursuant to subsection (c) of
this section'';
(B) by striking ``or to assist'' and all that
follows through ``section 4(g)'' and inserting
``pursuant to subsection (c)(1) and (2) or to address
candidate species or other species at risk and
recovered species pursuant to subsection (c)(3)''; and
(C) in subparagraph (F), by striking ``monitoring
the status of candidate species'' and inserting
``developing a conservation program for, or monitoring
the status of, candidate species or other species
determined to be at risk pursuant to subsection
(c)(3)''; and
(3) in subsection (e)--
(A) by inserting ``(1)'' before the first sentence;
(B) in paragraph (1), as designated by subparagraph
(A) of this paragraph, by striking ``at no greater than
annual intervals'' and inserting ``every 3 years''; and
(C) by adding at the end the following:
``(2) Any cooperative agreement entered into by the Secretary under
subsection (c) shall be subject to section 7(a)(2) through (d) and
regulations implementing such provisions only before--
``(A) the Secretary enters into the agreement; and
``(B) the Secretary approves any renewal of, or amendment
to, the agreement that--
``(i) addresses species that are determined to be
endangered species or threatened species, are not
addressed in the agreement, and may be affected by the
agreement; or
``(ii) new information about any species addressed
in the agreement that the Secretary determines--
``(I) constitutes the best available
scientific data; and
``(II) indicates that the agreement may
have adverse effects on the species that had
not been considered previously when the
agreement was entered into or during any
revision thereof or amendment thereto.
``(3) The Secretary may suspend any cooperative agreement
established pursuant to subsection (c), after consultation with the
Governor of the affected State, if the Secretary finds during the
periodic review required by paragraph (1) of this subsection that the
agreement no longer constitutes an adequate and active program for the
conservation of endangered species and threatened species.
``(4) The Secretary may terminate any cooperative agreement entered
into by the Secretary under subsection (c), after consultation with the
Governor of the affected State, if--
``(A) as result of the procedures of section 7(a)(2)
through (d) undertaken pursuant to paragraph (2) of this
subsection, the Secretary determines that continued
implementation of the cooperative agreement is likely to
jeopardize the continued existence of endangered species or
threatened species, and the cooperative agreement is not
amended or revised to incorporate a reasonable and prudent
alternative offered by the Secretary pursuant to section
7(b)(3); or
``(B) the cooperative agreement has been suspended under
paragraph (3) of this subsection and has not been amended or
revised and found by the Secretary to constitute an adequate
and active program for the conservation of endangered species
and threatened species within 180 days after the date of the
suspension.''.

SEC. 12. INTERAGENCY COOPERATION AND CONSULTATION.

(a) Consultation Requirement.--Section 7(a) (16 U.S.C. 1536(a)) is
amended--
(1) in paragraph (1) in the second sentence, by striking
``endangered species'' and all that follows through the end of
the sentence and inserting ``species determined to be
endangered species and threatened species under section 4.'';
(2) in paragraph (2)--
(A) in the first sentence by striking ``action''
the first place it appears and all that follows through
``is not'' and inserting ``agency action authorized,
funded, or carried out by such agency is not'';
(B) in the first sentence by striking ``, unless''
and all that follows through the end of the sentence
and inserting a period;
(C) in the second sentence, by striking ``best
scientific and commercial data available'' and
inserting ``best available scientific data''; and
(D) by inserting ``(A)'' before the first sentence,
and by adding at the end the following:
``(B) The Secretary may identify specific agency actions or
categories of agency actions that may be determined to meet the
standards of this paragraph by alternative procedures to the procedures
set forth in this subsection and subsections (b) through (d), except
that subsections (b)(4) and (e) may apply only to an action that the
Secretary finds, or concurs, does meet such standards, and the
Secretary shall suggest, or concur in any suggested, reasonable and
prudent alternatives described in subsection (b)(3) for any action
determined not to meet such standards. Any such agency action or
category of agency actions shall be identified, and any such
alternative procedures shall be established, by regulation promulgated
prior or subsequent to the date of the enactment of this Act.'';
(3) in paragraph (4)--
(A) by striking ``listed under section 4'' and
inserting ``an endangered species or a threatened
species,''; and
(B) by inserting ``, under section 4'' after ``such
species''; and
(4) by adding at the end the following:
``(5) Any Federal agency or the Secretary, in conducting any
analysis pursuant to paragraph (2), shall consider only the effects of
any agency action that are distinct from a baseline of all effects upon
the relevant species that have occurred or are occurring prior to the
action.''.
(b) Opinion of Secretary.--Section 7(b) (16 U.S.C. 1536(b)) is
amended--
(1) in paragraph (1)(B)(i) by inserting ``permit or
license'' before ``applicant'';
(2) in paragraph (2) by inserting ``permit or license''
before ``applicant'';
(3) in paragraph (3)(A)--
(A) in the first sentence--
(i) by striking ``Promptly after'' and
inserting ``Before'';
(ii) by inserting ``permit or license''
before ``applicant''; and
(iii) by inserting ``proposed'' before
``written statement''; and
(B) by striking all after the first sentence and
inserting the following: ``The Secretary shall consider
any comment from the Federal agency and the permit or
license applicant, if any, prior to issuance of the
final written statement of the Secretary's opinion. The
Secretary shall issue the final written statement of
the Secretary's opinion by providing the written
statement to the Federal agency and the permit or
license applicant, if any, and publishing notice of the
written statement in the Federal Register. If jeopardy
is found, the Secretary shall suggest in the final
written statement those reasonable and prudent
alternatives, if any, that the Secretary believes would
not violate subsection (a)(2) and can be taken by the
Federal agency or applicant in implementing the agency
action. The Secretary shall cooperate with the Federal
agency and any permit or license applicant in the
preparation of any suggested reasonable and prudent
alternatives.'';
(4) in paragraph (4)--
(A) by redesignating subparagraphs (A), (B), and
(C) as clauses (i), (ii), and (iii), respectively;
(B) by inserting ``(A)'' after ``(4)'';
(C) by striking ``the Secretary shall provide'' and
all that follows through ``with a written statement
that--'' and inserting the following: ``the Secretary
shall include in the written statement under paragraph
(3), a statement described in subparagraph (B) of this
paragraph.
``(B) A statement described in this subparagraph--''; and
(5) by adding at the end the following:
``(5)(A) Any terms and conditions set forth pursuant to paragraph
(4)(B)(iv) shall be roughly proportional to the impact of the
incidental taking identified pursuant to paragraph (4) in the written
statement prepared under paragraph (3).
``(B) If various terms and conditions are available to comply with
paragraph (4)(B)(iv), the terms and conditions set forth pursuant to
that paragraph--
``(i) must be capable of successful implementation; and
``(ii) must be consistent with the objectives of the
Federal agency and the permit or license applicant, if any, to
the greatest extent possible.''.
(c) Biological Assessments.--Section 7(c) (16 U.S.C. 1536(c)) is
amended--
(1) by striking ``(1)'';
(2) by striking paragraph (2);
(3) in the first sentence, by striking ``which is listed''
and all that follows through the end of the sentence and
inserting ``that is determined to be an endangered species or a
threatened species, or for which such a determination is
proposed pursuant to section 4, may be present in the area of
such proposed action.''; and
(4) in the second sentence, by striking ``best scientific
and commercial data available'' and inserting ``best available
scientific data''.
(d) Elimination of Endangered Species Committee Process.--Section 7
(16 U.S.C. 1536) is amended--
(1) by repealing subsections (e), (f), (g), (h), (i), (j),
(k), (l), (m), and (n);
(2) by redesignating subsections (o) and (p) as subsections
(e) and (f), respectively;
(3) in subsection (e), as redesignated by paragraph (2) of
this subsection--
(A) in the heading, by striking ``Exemption as
Providing''; and
(B) by striking ``such section'' and all that
follows through ``(2)'' and inserting ``such
section,''; and
(4) in subsection (f), as redesignated by paragraph (2) of
this subsection--
(A) in the first sentence, by striking ``is
authorized'' and all that follows through ``of this
section'' and inserting ``may exempt an agency action
from compliance with the requirements of subsections
(a) through (d) of this section before the initiation
of such agency action,''; and
(B) by striking the second sentence.

SEC. 13. EXCEPTIONS TO PROHIBITIONS.

(a) Incidental Take Permits.--Section 10(a)(2) (16 U.S.C.
1539(a)(2)) is amended--
(1) in subparagraph (A) by striking ``and'' after the
semicolon at the end of clause (iii), by redesignating clause
(iv) as clause (vii), and by inserting after clause (iii) the
following:
``(iv) objective, measurable biological goals to be
achieved for species covered by the plan and specific
measures for achieving such goals;
``(v) measures the applicant will take to monitor
impacts of the plan on covered species and the
effectiveness of the plan's measures in achieving the
plan's biological goals; and
``(vi) adaptive management provisions necessary to
respond to all reasonably foreseeable changes in
circumstances that could appreciably reduce the
likelihood of the survival and recovery of any species
covered by the plan'';
(2) in subparagraph (B) by striking ``and'' after the
semicolon at the end of clause (iv), by redesignating clause
(v) as clause (vi), and by inserting after clause (iv) the
following:
``(v) the term of the permit is reasonable, taking
into consideration--
``(I) the period in which the applicant can
be expected to diligently complete the
principal actions covered b
 

Liberty Belle

Well-known member
Joined
Feb 10, 2005
Messages
1,818
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Location
northwestern South Dakota
Evidently all the bill wouldn't fit in one post. Here's the rest of it and the little yellow face represents the number 8.

SEC. 13. EXCEPTIONS TO PROHIBITIONS.

(a) Incidental Take Permits.--Section 10(a)(2) (16 U.S.C.
1539(a)(2)) is amended--
(1) in subparagraph (A) by striking ``and'' after the
semicolon at the end of clause (iii), by redesignating clause
(iv) as clause (vii), and by inserting after clause (iii) the
following:
``(iv) objective, measurable biological goals to be
achieved for species covered by the plan and specific
measures for achieving such goals;
``(v) measures the applicant will take to monitor
impacts of the plan on covered species and the
effectiveness of the plan's measures in achieving the
plan's biological goals; and
``(vi) adaptive management provisions necessary to
respond to all reasonably foreseeable changes in
circumstances that could appreciably reduce the
likelihood of the survival and recovery of any species
covered by the plan'';
(2) in subparagraph (B) by striking ``and'' after the
semicolon at the end of clause (iv), by redesignating clause
(v) as clause (vi), and by inserting after clause (iv) the
following:
``(v) the term of the permit is reasonable, taking
into consideration--
``(I) the period in which the applicant can
be expected to diligently complete the
principal actions covered by the plan;
``(II) the extent to which the plan will
enhance the conservation of covered species;
``(III) the adequacy of information
underlying the plan;
``(IV) the length of time necessary to
implement and achieve the benefits of the plan;
and
``(V) the scope of the plan's adaptive
management strategy; and''; and
(3) by striking subparagraph (C) and inserting the
following:
``(3) Any terms and conditions offered by the Secretary pursuant to
paragraph (2)(B) to reduce or offset the impacts of incidental taking
shall be roughly proportional to the impact of the incidental taking
specified in the conservation plan pursuant to in paragraph (2)(A)(i).
In any case in which various terms and conditions are available, the
terms and conditions shall be capable of successful implementation and
shall be consistent with the objective of the applicant to the greatest
extent possible.
``(4)(A) If the holder of a permit issued under this subsection for
other than scientific purposes is in compliance with the terms and
conditions of the permit, and any conservation plan or agreement
incorporated by reference therein, the Secretary may not require the
holder, without the consent of the holder, to adopt any new
minimization, mitigation, or other measure with respect to any species
adequately covered by the permit during the term of the permit, except
as provided in subparagraphs (B) and (C) to meet circumstances that
have changed subsequent to the issuance of the permit.
``(B) For any circumstance identified in the permit or incorporated
document that has changed, the Secretary may, in the absence of consent
of the permit holder, require only such additional minimization,
mitigation, or other measures as are already provided in the permit or
incorporated document for such changed circumstance.
``(C) For any changed circumstance not identified in the permit or
incorporated document, the Secretary may, in the absence of consent of
the permit holder, require only such additional minimization,
mitigation, or other measures to address such changed circumstance that
do not involve the commitment of any additional land, water, or
financial compensation not otherwise committed, or the imposition of
additional restrictions on the use of any land, water or other natural
resources otherwise available for development or use, under the
original terms and conditions of the permit or incorporated document.
``(D) The Secretary shall have the burden of proof in demonstrating
and documenting, with the best available scientific data, the
occurrence of any changed circumstances for purposes of this paragraph.
``(E) Any permit described in subparagraph (A) issued before the
date of the enactment of the Threatened and Endangered Species Recovery
Act of 2005 that (or of which the incorporated agreement) contains
provisions that do not materially differ in effect from the terms of
this paragraph shall be governed by this paragraph. Any regulations
promulgated prior to such date that do not materially differ in effect
from the terms of this paragraph shall remain in effect unless and
until they are amended.
``(5)(A) The Secretary shall revoke a permit issued under paragraph
(2) if the Secretary finds that the permittee is not complying with the
terms and conditions of the permit.
``(B) Any permit subject to paragraph (4)(A) may be revoked due to
changed circumstances only if--
``(i) the Secretary determines that continuation of the
activities to which the permit applies would be inconsistent
with the criteria in paragraph (2)(B)(iv);
``(ii) the Secretary provides 60 days notice of revocation
to the permittee; and
``(iii) the Secretary is unable to, and the permittee
chooses not to, remedy the condition causing such
inconsistency.''.
(b) Extension of Period for Public Review and Comment on
Applications.--Section 10(c) (16 U.S.C. 1539(c)) is amended in the
second sentence by striking ``thirty'' each place it appears and
inserting ``45''.
(c) Experimental Populations.--Section 10(j) (16 U.S.C. 1539(j)) is
amended--
(1) in paragraph (2)(B), by striking ``information'' and
inserting ``scientific data''; and
(2) in paragraph (2)(C)(i), by striking ``listed'' and
inserting ``determined to be an endangered species or a
threatened species''.
(d) Written Determination of Compliance.--Section 10 (16 U.S.C.
1539) is amended by adding at the end the following:
``(k) Written Determination of Compliance.--(1) A property owner
(in this subsection referred to as a `requester') may request the
Secretary to make a written determination that a proposed use of the
owner's property will comply with section 9(a), by submitting a written
description of the proposed action to the Secretary.
``(2) A written description of a proposed use is deemed to be
sufficient for consideration by the Secretary under paragraph (1) if
the description includes--
``(A) the nature, the specific location, and the
anticipated schedule and duration of the proposed use; and
``(B) any incidental take of a species that is included on
a list published under 4(c)(1) that the requestor reasonably
expects to occur as a result of the proposed use.
``(3) The requestor may supply any other information the requestor
believes will assist the Secretary to make a determination under
paragraph (1).
``(4) If the Secretary does not make a determination pursuant to a
request under this subsection because of the omission from the request
of any information described in paragraph (2), the requestor may submit
a subsequent request under this subsection for the same proposed use.
``(5)(A) Subject to subparagraph (B), the Secretary shall provide
to the requestor a written determination of whether the proposed use,
as proposed by the requestor, will comply with section 9(a), by not
later than expiration of the 90-day period beginning on the date of the
submission of the request.
``(B) The Secretary may request, and the requestor may grant, a
written extension of the period under subparagraph (A).
``(6) If the Secretary fails to provide a written determination
before the expiration of the period under paragraph (5)(A) (or any
extension thereof under paragraph (5)(B)), the Secretary is deemed to
have determined that the proposed use complies with section 9(a).
``(7) This subsection shall not apply with respect to agency
actions that are subject to consultation under section 7.
``(8) Any use or action taken by the property owner in reasonable
reliance on a written determination of compliance under paragraph (5)
or on the application of paragraph (6) shall not be treated as a
violation of section 9(a).''.

SEC. 14. PRIVATE PROPERTY CONSERVATION.

Section 13 (consisting of amendments to other laws, which have
executed) is amended to read as follows:

``private property conservation

``Sec. 13. (a) In General.--The Secretary may provide conservation
grants (in this section referred to as `grants') to promote the
voluntary conservation of endangered species and threatened species by
owners of private property and shall provide financial conservation
assistance (in this section referred to as `aid') to alleviate the
burden of conservation measures imposed upon private property owners.
The Secretary may provide technical assistance when requested to
enhance the conservation effects of grants or aid.
``(b) Awarding of Grants and Aid.--Grants to promote conservation
of endangered species and threatened species on private property--
``(1) may not be used to fund litigation, general
education, general outreach, lobbying, or solicitation;
``(2) may not be used to acquire leases or easements of
more than 50 years duration or fee title to private property;
``(3) must be designed to directly contribute to the
conservation of an endangered species or threatened species by
increasing the species' numbers or distribution; and
``(4) must be supported by any private property owners on
whose property any grant funded activities are carried out.
``(c) Priority.--Priority shall be accorded among grant requests in
the following order:
``(1) Grants that promote conservation of endangered
species or threatened species on private property while making
economically beneficial and productive use of the private
property on which the conservation activities are conducted.
``(2) Grants that develop, promote, or use techniques to
increase the distribution or population of an endangered
species or threatened species on private property.
``(3) Other grants that promote voluntary conservation of
endangered species or threatened species on private property.
``(d) Eligibility for Aid.--The Secretary shall award aid to
private property owners who received a written determination under
section 10(k) finding the proposed use of the private property would
not comply with section 9(a), in an amount no less than the fair market
value of the use that was proposed by the property owner if--
``(1) the owner has foregone the proposed use;
``(2) the owner has requested financial aid within 180 days
of receiving a written determination that the proposed use
would not comply with section (9)(a); and
``(3) the foregone proposed use was not, as demonstrated by
the Secretary, considered a nuisance based upon long-standing
background principles of nuisance and property law as
understood within the State in which the property is situated.
``(e) Distribution of Grants and Aid.--(1) The Secretary shall pay
eligible aid--
``(A) within 180 days after receipt of a request
for aid unless there are unresolved questions regarding
fair market value; or
``(B) at the resolution of any questions concerning
fair market value of the forgone proposed use of the
private property.
``(2) If the Secretary and the property owner are unable to reach
agreement as to fair market value within 270 days from the initial date
of the request, the Secretary shall make a best and final offer.
``(3) All grants shall be paid on the last day of the fiscal year.
Aid shall be paid based on the date of the initial request. If
sufficient funds are unavailable to pay all aid and grants, aid shall
be awarded first. If sufficient funds are not available to pay all aid,
aid requests shall remain an obligation and be paid in the future
without further action on the part of the property owner. If sufficient
funds are not available to pay an aid award in full, the Secretary
shall pay any remaining balance when funds next become available.
``(f) Fair Market Value.--For purposes of this section the term
`fair market value' means an amount equal to the fair market value of
the forgone use of the affected portion of the private property
including business losses when use is forgone following a written
determination by the Secretary under section 10(k) that the proposed
use would violate section 9(a). The property owner shall establish the
fair market value and such a fair market value shall be considered a
rebuttable presumption. Ambiguities regarding fair market value shall
be resolved in favor of the property owner.
``(g) Insufficient Funds.--The Secretary shall pay the aid required
by this section from any funds available to the Secretary that are not
mandated by law to be spent for other activities or obligations. If
sufficient funds are not available the Secretary shall promptly seek
additional funds for such purpose.
``(h) Annual Reporting.--The Secretary shall by January 15 of each
year provide a report of all aid and grants awarded under this section
to the Committee on Resources of the House of Representatives and the
Environment and Public Works Committee of the Senate and make such
report electronically available to the general public on the website
required under section 14.''.

SEC. 15. PUBLIC ACCESSIBILITY AND ACCOUNTABILITY.

Section 14 (relating to repeals of other laws, which have executed)
is amended to read as follows:

``public accessibility and accountability

``Sec. 14. The Secretary shall make available on a publicly
accessible website on the Internet--
``(1) each list published under section 4(c)(1);
``(2) all final and proposed regulations and determinations
under section 4;
``(3) the results of all 5-year reviews conducted under
section 4(c)(2)(A);
``(4) all draft and final recovery plans issued under
section 5(a), and all final recovery plans issued and in effect
under section 4(f)(1) of this Act as in effect immediately
before the enactment of the Threatened and Endangered Species
Recovery Act of 2005;
``(5) all reports required under sections 5(e) and 16, and
all reports required under sections 4(f)(3) and 18 of this Act
as in effect immediately before the enactment of the Threatened
and Endangered Species Recovery Act of 2005; and
``(6) data contained in the reports referred to in
paragraph (5) of this section, and that were produced after the
date of enactment of the Threatened and Endangered Species
Recovery Act of 2005, in the form of databases that may be
searched by the variables included in the reports.''.

SEC. 16. ANNUAL COST ANALYSES.

(a) Annual Cost Analyses.--Section 18 (16 U.S.C. 1544) is amended
to read as follows:

``annual cost analysis by united states fish and wildlife service

``Sec. 18. (a) In General.--On or before January 15 of each year,
the Secretary shall submit to the Congress an annual report covering
the preceding fiscal year that contains an accounting of all reasonably
identifiable expenditures made primarily for the conservation of
species included on lists published and in effect under section 4(c).
``(b) Specification of Expenditures.--Each report under this
section shall specify--
``(1) expenditures of Federal funds on a species-by-species
basis, and expenditures of Federal funds that are not
attributable to a specific species;
``(2) expenditures by States for the fiscal year covered by
the report on a species-by-species basis, and expenditures by
States that are not attributable to a specific species; and
``(3) based on data submitted pursuant to subsection (c),
expenditures voluntarily reported by local governmental
entities on a species-by-species basis, and such expenditures
that are not attributable to a specific species.
``(c) Encouragement of Voluntary Submission of Data by Local
Governments.--The Secretary shall provide a means by which local
governmental entities may--
``(1) voluntarily submit electronic data regarding their
expenditures for conservation of species listed under section
4(c); and
``(2) attest to the accuracy of such data.''.
(b) Eligibility of States for Financial Assistance.--Section 6(d)
(16 U.S.C. 1535(d)) is amended by adding at the end the following:
``(3) A State shall not be eligible for financial assistance under
this section for a fiscal year unless the State has provided to the
Secretary for the preceding fiscal year information regarding the
expenditures referred to in section 16(b)(2).''.

SEC. 17. AUTHORIZATION OF APPROPRIATIONS.

The Endangered Species Act of 1973 is further amended--
(1) by striking sections 15 and 16;
(2) by redesignating sections 17 and 18 as sections 15 and
16, respectively; and
(3) by adding after section 16, as so redesignated, the
following:

``authorization of appropriations

``Sec. 17. (a) In General.--There are authorized to be appropriated
to carry out this Act, other than section 8A(e)--
``(1) to the Secretary of the Interior to carry out
functions and responsibilities of the Department of the
Interior under this Act, such sums as are necessary for fiscal
years 2006 through 2010; and
``(2) to the Secretary of Agriculture to carry out
functions and responsibilities of the Department of the
Interior with respect to the enforcement of this Act and the
convention which pertain the importation of plants, such sums
as are necessary for fiscal year 2006 through 2010.
``(b) Convention Implementation.--There is authorized to be
appropriated to the Secretary of the Interior to carry out section
8A(e) such sums as are necessary for fiscal years 2006 through 2010.''.

SEC. 18. CLERICAL AMENDMENT TO TABLE OF CONTENTS.

The table of contents in the first section is amended--
(1) by striking the item relating to section 5 and
inserting the following:

``Sec. 5. Recovery plans and land acquisition.''
; and
(2) by striking the items relating to sections 13 through
17 and inserting the following:

``Sec. 13. Private property conservation.
``Sec. 14. Public accessibility and accountability.
``Sec. 15. Marine Mammal Protection Act of 1972.
``Sec. 16. Annual cost analysis by United States Fish and Wildlife
Service.
``Sec. 17. Authorization of appropriations.''.

SEC. 19. MISCELLANEOUS TECHNICAL CORRECTIONS.

(a) International Cooperation.--Section 8 (16 U.S.C. 1537) is
amended--
(1) in subsection (a) in the first sentence by striking
``any endangered species or threatened species listed'' and
inserting ``any species determined to be an endangered species
or a threatened species''; and
(2) in subsection (b) in paragraph (1), by striking
``endangered species and threatened species listed'' and
inserting ``species determined to be endangered species and
threatened species''.
(b) Management Authority and Scientific Authority.--Section 8A (16
U.S.C. 1537a)) is amended--
(1) in subsection (a), by striking ``of the Interior
(hereinafter in this section referred to as the `Secretary')'';
(2) in subsection (d), by striking ``Merchant Marine and
Fisheries'' and inserting ``Resources''; and
(3) in subsection (d)--
(A) in paragraph (1), by striking ``of the Interior
(hereinafter in this subsection referred to as the
`Secretary')''; and
(B) by striking paragraph (3) and redesignating
paragraph (4) as paragraph (3).
(c) Prohibited Acts.--Section 9 (16 U.S.C. 1538) is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``of this Act, with
respect to any endangered species of fish or wildlife
listed pursuant to section 4 of this Act'' and
inserting ``, with respect to any species of fish or
wildlife determined to be an endangered species under
section 4'';
(B) in paragraph (1)(G), by striking ``threatened
species of fish or wildlife listed pursuant to section
4 of this Act'' and inserting ``species of fish or
wildlife determined to be a threatened species under
section 4'';
(C) in paragraph (2), in the matter preceding
subparagraph (A) by striking ``of this Act, with
respect to any endangered species of plants listed
pursuant to section 4 of this Act'' and inserting ``,
with respect to any species of plants determined to be
an endangered species under section 4''; and
(D) in paragraph (2)(E), by striking ``listed
pursuant to section 4 of this Act'' and inserting
``determined to be a threatened species under section
4'';
(2) in subsection (b)--
(A) by striking ``(1)'' before ``Species'' and
inserting ``(1)'' before the first sentence;
(B) in paragraph (1), in the first sentence, by
striking ``adding such'' and all that follows through
``: Provided, That'' and inserting ``determining such
fish or wildlife species to be an endangered species or
a threatened species under section 4, if''; and
(C) in paragraph (1), in the second sentence, by
striking ``adding such'' and all that follows through
``this Act'' and inserting ``determining such fish or
wildlife species to be an endangered species or a
threatened species under section 4'';
(3) in subsection (c)(2)(A), by striking ``an endangered
species listed'' and inserting ``a species determined to be an
endangered species'';
(4) in subsection (d)(1)(A), by striking clause (i) and
inserting the following: ``(i) are not determined to be
endangered species or threatened species under section 4,
and'';
(5) in subsection (e), by striking clause (1) and inserting
the following: ``(1) are not determined to be endangered
species or threatened species under section 4, and''; and
(6) in subsection (f)--
(A) in paragraph (1), in the first sentence, by
striking clause (A) and inserting the following: ``(A)
are not determined to be endangered species or
threatened species under section 4, and''; and
(B) by striking ``Secretary of the Interior'' each
place it appears and inserting ``Secretary''.
(d) Hardship Exemptions.--Section 10(b) (16 U.S.C. 1539(b)) is
amended--
(1) in paragraph (1)--
(A) by striking ``an endangered species'' and all
that follows through ``section 4 of this Act'' and
inserting ``an endangered species or a threatened
species and the subsequent determination that the
species is an endangered species or a threatened
species under section 4'';
(B) by striking ``section 9(a) of this Act'' and
inserting ``section 9(a)''; and
(C) by striking ``fish or wildlife listed by the
Secretary as endangered'' and inserting ``fish or
wildlife determined to be an endangered species or
threatened species by the Secretary''; and
(2) in paragraph (2)--
(A) by inserting ``or a threatened species'' after
``endangered species'' each place it appears; and
(B) in subparagraph (B), by striking ``listed
species'' and inserting ``endangered species or
threatened species''.
(e) Permit and Exemption Policy.--Section 10(d) (16 U.S.C. 1539(d))
is amended--
(1) by inserting ``or threatened species'' after
``endangered species''; and
(2) by striking ``of this Act''.
(f) Pre-Act Parts and Scrimshaw.--Section 10(f) (16 U.S.C. 1539(f))
is amended--
(1) by inserting after ``(f)'' the following: ``Pre-Act
Parts and Scrimshaw.--''; and
(2) in paragraph (2), by striking ``of this Act'' each
place it appears.
(g) Burden of Proof in Seeking Exemption or Permit.--Section 10(g)
(16 U.S.C. 1539(g)) is amended by inserting after ``(g)'' the
following: ``Burden of Proof in Seeking Exemption or Permit.--''.
(h) Antique Articles.--Section 10(h)(1)(B) (16 U.S.C.
1539(h)(1)(B)) is amended by striking ``endangered species or
threatened species listed'' and inserting ``species determined to be an
endangered species or a threatened species''.
(i) Penalties and Enforcement.--Section 11 (16 U.S.C. 1540) is
amended--
(1) in subsection (d), by striking ``his'' and inserting
``the officer's or employee's''; and
(2) in subsection (e)(3), in the second sentence by
striking ``Such persons'' and inserting ``Such a person''.
(j) Substitution of Gender-Neutral References.--
(1) ``secretary'' for ``he''.--The following provisions are
amended by striking ``he'' each place it appears and inserting
``the Secretary'':
(A) Section 4(b)(5)(C) (16 U.S.C. 1533(b)(5)(C)).
(B) Section 4(b)(6)(B)(ii) (16 U.S.C.
1533(b)(6)(B)(ii)).
(C) Section 4(b)(7)(B) (16 U.S.C. 1533(b)(7)(B)).
(D) Section 6 (16 U.S.C. 1535).
(E) Section 8(d) (16 U.S.C. 1537(d)).
(F) Section 9(f) (16 U.S.C. 1538(f)).
(G) Section 10(a) (16 U.S.C. 1539(a)).
(H) Section 10(b)(3) (16 U.S.C. 1539(b)(3)).
(I) Section 10(d) (16 U.S.C. 1539(d)).
(J) Section 10(e)(4) (16 U.S.C. 1539(e)(4)).
(K) Section 10(f)(4), (5), and (8)(B) (16 U.S.C.
1599(f)(4), (5), (8)(B)).
(L) Section 11(e)(5) (16 U.S.C. 1540(e)(5)).
(2) ``president'' for ``he''.--Section 8(a) (16 U.S.C.
1537(a)) is amended in the second sentence by striking ``he''
and inserting ``the President''.
(3) ``secretary of the interior'' for ``he''.--Section
8(b)(3) (16 U.S.C. 1537(b)(3)) is amended by striking ``he''
and inserting ``the Secretary of the Interior''.
(4) ``person'' for ``he''.--The following provisions are
amended by striking ``he'' each place it appears and inserting
``the person'':
(A) Section 10(f)(3) (16 U.S.C. 1539(f)(3)).
(B) Section 11(e)(3) (16 U.S.C. 1540(e)(3)).
(5) ``defendant'' for ``he''.--The following provisions are
amended by striking ``he'' each place it appears and inserting
``the defendant''.
(A) Section 11(a)(3) (16 U.S.C. 1540(a)(3)).
(B) Section 11(b)(3) (16 U.S.C. 1540(b)(3)).
(6) References to ``him''.--
(A) Section 4(c)(1) (16 U.S.C. 1533(c)(1)) is
amended by striking ``him or the Secretary of
Commerce'' each place it appears and inserting ``the
Secretary''.
(B) Section 4(b)(7) (16 U.S.C. 1533(b)(7)) is
amended in the matter following subparagraph (B) by
striking ``him'' and inserting ``the Secretary''.
(C) Section 5(j)(2), as redesignated by section
10(a)(1) of this Act, is amended by striking ``him''
and inserting ``the Secretary''.
(D) Section 7(a)(1) (16 U.S.C. 1536(a)(1)) is
amended in the first sentence by striking ``him'' and
inserting ``the Secretary''.
(E) Section 8A(c)(2) (16 U.S.C. 1537a(c)(2)) is
amended by striking ``him'' and inserting ``the
Secretary''.
(F) Section 9(d)(2)(A) (16 U.S.C. 1538(d)(2)(A)) is
amended by striking ``him'' each place it appears and
inserting ``such person''.
(G) Section 10(b)(1) (16 U.S.C. 1539(b)(1)) is
amended by striking ``him'' and inserting ``the
Secretary''.
(7) References to ``himself or herself''.--Section 11 (16
U.S.C. 1540) is amended in subsections (a)(3) and (b)(3) by
striking ``himself or herself'' each place it appears and
inserting ``the defendant''.
(8) References to ``his''.--
(A) Section 4(g)(1), as redesignated by section
9(1) of this Act, is amended by striking ``his'' and
inserting ``the''.
(B) Section 6 (16 U.S.C. 1535) is amended--
(i) in subsection (d)(2) in the matter
following clause (ii) by striking ``his'' and
inserting ``the Secretary's''; and
(ii) in subsection (e)(1), as designated by
section 11(3)(A) of this Act, by striking ``his
periodic review'' and inserting ``periodic
review by the Secretary''.
(C) Section 7(a)(3) (16 U.S.C. 1536(a)(3)) is
amended by striking ``his'' and inserting ``the
applicant's''.
(D) Section 8(c)(1) (16 U.S.C. 1537(c)(1)) is
amended by striking ``his'' and inserting ``the
Secretary's''.
(E) Section 9 (16 U.S.C. 1538) is amended in
subsection (d)(2)(B) and subsection (f) by striking
``his'' each place it appears and inserting ``such
person's''.
(F) Section 10(b)(3) (16 U.S.C. 1539(b)(3)) is
amended by striking ``his'' and inserting ``the
Secretary's''.
(G) Section 10(d) (16 U.S.C. 1539(d)) is amended by
striking ``his'' and inserting ``the''.
(H) Section 11 (16 U.S.C. 1540) is amended--
(i) in subsection (a)(1) by striking
``his'' and inserting ``the Secretary's'';
(ii) in subsection (a)(3) and (b)(3) by
striking ``his or her'' each place it appears
and inserting ``the defendant's'';
(iii) in subsection (d) by striking ``his''
and inserting ``the officer's or employee's'';
(iv) in subsection (e)(3) in the second
sentence by striking ``his'' and inserting
``the person's''; and
(v) in subsection (g)(1) by striking
``his'' and inserting ``the person's''.
<all>
 

Liberty Belle

Well-known member
Joined
Feb 10, 2005
Messages
1,818
Reaction score
4
Location
northwestern South Dakota
For those of you who have better things to do then read through pages of legal verbage, here is a summary:

Summary of H.R. 3824

Threatened and Endangered Species Recovery Act of 2005 (TESRA)

The Threatened and Endangered Species Recovery Act of 2005 updates and improves the Endangered Species Act (ESA) by:

Providing for the use of the best available scientific data in all decisions;
Replacing the critical habitat program with a more integrated recovery planning process that includes the identification of specific areas that are of special value to the conservation of the species which are then given priority in recovery efforts;

Providing for active implementation of recovery plans through implementation agreements between the Secretary and other federal agencies where the federal agency agrees to implement programs and projects identified in the recovery plans;

Ensuring a “species-specific” approach to establishing “take” prohibitions for threatened species under Section 4(d) by making the issuance of such regulations permissive rather than mandatory, focusing such rules on the application of “take” prohibitions for such threatened species; and requiring, in most instances, a species-specific Section 4(d) rule;

Increasing the role for States by:
* ensuring that a Governor and responsible State agencies are provided full notice and opportunity to comment on ESA decisions affecting their
State,
* developing recovery plan goals for species on a state-by-state basis and improving the State cooperative agreement provisions of Section 6 to
cover candidate species and other species of concern, and
* clarifying the treatment of Section 6 cooperative agreement activities
under the consultation provisions of Section 7 and take prohibitions of
Sections 4(d) and 9; Improving the Section 7 consultation process by:
* authorizing the development of alternative consultation procedures that are consistent with the existing consultation provisions,
* providing more certainty to the “jeopardy” standard by providing that
jeopardy exists where “the action reasonably would be expected to
significantly impede, directly or indirectly, the conservation in the long-
term of the species in the wild,”
* ensuring that permit and license applicants fully participate in the
consultation process, and
* clarifying that terms and conditions to avoid incidental take imposed under Section 7 should be roughly proportional to the impact of the identified incidental take;
Establishing new incentives for voluntary conservation efforts including:
* Species Recovery Agreements which will allow landowners to enter into
species recovery agreements for terms of no less than five years to carry
out activities that protect and restore habitat for covered species and
contribute to the recovery of listed species,
* Species Conservation Contract Agreements which establish agreements
with terms of 30 years, 20 years, and 10 year for the implementation of a
management plan for endangered, threatened and candidate species as well as other species comparably designated under State law,
* Authorization of technical assistance and management training to support enrollment in Species Recovery Agreements and Species Conservation Contract Agreements, and
* Establishment of a conservation grants program to promote voluntary
conservation of listed species on private property and to provide financial
compensation to alleviate the burden of conservation measures imposed
upon private property owners;

Codifying the No Surprises/Assurances policy for persons developing habitat conservation plans;

Improving the habitat conservation plan procedures under Section 10 by ensuring that plans include objective, measurable goals to be achieved for the species, monitoring procedures and adaptive management provisions to respond to reasonably foreseeable changed circumstances in a species status;

Providing certainty for private property owners by allowing landowners to request a written determination as to whether their land use activities will violate the take prohibitions of Section 9, granting the landowner incidental take coverage where the written determination is that they comply with Section 9 and giving a mechanism for compensating the private property for foregone use of his property where the determination is that the activity would violate the take prohibitions;

Compensating private property owners for the fair market value of loss of use for foregone use of their property where the Secretary has determined that the use of that property would constitute a “take” under Section 9 and the activity is not otherwise determined a “nuisance” under principles of property and nuisance law;

Ensuring public accountability by requiring the Secretary maintain a publicly accessible website that includes: (1) endangered and threatened species lists; (2) all final and proposed endangered and threatened species regulations issued under Section 4; (3) draft and final recovery plans; (4) the results of five year status reviews; and (5) all Reports and supporting data to Congress required under what would be the recovery planning provisions of Section 5 and the Annual Cost Analysis under Section 18; and

Providing for annual and biennial reports to Congress on the status of listed species as well as expenditures for species recovery efforts.
 

CattleQueen

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These articles are in the Wyoming Livestock Roundup. I just got them by email. I encourage you to submit your comments by Monday, April 10, 2006!
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The US Fish & Wildlife Service is proposing to delist the northern gray wolf in Wyoming, Montana, Idaho and parts of Utah, Oregon & Washington. YOU have until Monday, April 10, to submit your comments. Harriet Hageman, attorney for the Wyoming Wolf Coalition, told me last week it is VERY important that we comment, because the FWS receives thousands of comments from environmental groups, and they can get into legal situations if they don't follow the majority of the comments. Give the FWS a more balance view. Please take a few moments to read the attached short article and to comment. Please forward this to the people on your email list. Thank you.

Echo Renner
Wyoming
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Article:
Wolf Delisting Comment Period Nearly Over

By Echo Renner

The US Fish & Wildlife Service (FWS) proposes to establish a distinct population segment of the gray wolf in all of Wyoming, Montana and Idaho, the eastern one third of Washington and Oregon, and a small part of north-central Utah. They also propose this distinct population to be removed from the List of Threatened and Endangered Wildlife under the Endangered Species Act (ESA). “The threats to the wolf population in the Northern Rocky Mountains (NRM) distinct population segment have been reduced or eliminated as evidenced by the population exceeding the numerical, distributional and temporal recovery goals each year since 2002,” according to the Federal Register.

It goes on to say, “The states of Montana and Idaho have adopted state laws and state wolf management plans that would conserve a recovered wolf population within their boundaries into the foreseeable future. However, we have determined that Wyoming State Law do not provide the necessary regulatory mechanism to assure that Wyoming’s share of the recovered wolf population will be conserved if the ESA’s protection were removed.”

Wyoming’s Statutes and Wolf Management Plan classify the gray wolf as a ‘trophy game animal’ inside the National Parks and the adjacent wilderness areas, and as a ‘predator animal’ elsewhere in the state. The FWS rejected Wyoming’s plan in January 2004, insisting that Wyoming give up its dual classification and protect the gray wolf as a ‘trophy game animal’ throughout the state. Wyoming continues to receive pressure to forfeit the ‘predator animal’ status. See attached article “Holding Strong…”

The FWS is accepting comments only through the close of business on Monday, April 10. Comments can be emailed to [email protected] and should include “RIN No. 1018-AU53” in the message subject line, or mailed to US Fish & Wildlife Service, Western Gray Wolf Recovery Coordinator, 585 Shepard Way, Helena, MT 59601. Mailed comments must be postmarked by April 10. For more information, contact Ed Bangs, FWS Western Gray Wolf Recovery Coordinator at (406) 449-5225 ext. 204.

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Holding Strong Against Broken Promises In Wolf Delisting

By Echo Renner

“Wolves are having a more severe impact on our wildlife than the federal government admitted to when they were introduced into the Yellowstone National Park a decade ago,” said Harriet Hageman, attorney for the Wyoming Wolf Coalition. “They have multiplied faster, have spread further, and have impacted our livestock industry in ways that the US Fish & Wildlife Service (FWS) and wolf advocates intentionally downplayed,” she added. “The FWS made two important promises to the citizens of Wyoming – that the wolves would be limited numerically to about 100 per state for Wyoming, Montana and Idaho, or 300 total; and that they would be limited geographically to the national parks and contiguous wilderness areas,” explained Hageman. “In identifying and describing the anticipated wolf impacts, the FWS made it clear that wolves were “undesirable” in the vast majority of the state and that they would implement an effective management and control program to ensure that we didn’t suffer the consequences of their “experiment.” “Now, there are over 1,000 wolves in the three states, and the FWS refuses to limit their territory.”

Hageman, attorney with Hageman & Brighton, P.C. in Cheyenne, and her law partner Kara Brighton, spoke at the Wyoming Sportsmen for Fish & Wildlife (SWF) state convention in Cody on March 31.

“The FWS Wolf Recovery Plan, Environmental Impact Statement and Final Rule state that the first time a wolf kills livestock, the wolf will be moved. The second time livestock is killed, the wolf/wolves will be lethally removed, but this is not happening.” Hageman cited a situation in the summer of 2005 near Farson, where 30 sheep were killed at one time by wolves. Despite the fact that the sheep were all killed in the same area on the same night, wildlife officials would confirm only one as a wolf kill, they identified 14 others as “probably” killed by wolves, but had “no idea what happened to the other 15.” Hageman said, “By reaching what was an utterly ridiculous conclusion, they were able to avoid carrying out their responsibilities, they were able to distort the true impact of wolves, and they were able to mislead the public about what the wolves are doing. They were also able to prevent that livestock producer from being compensated for his losses.” The FWS is also reluctant to move wolves, “because there is nowhere to put them.” They have saturated the area.

The FWS has approved Idaho and Montana’s wolf management plans. In February, the Idaho Department of Fish & Game proposed the removal of 43 wolves in the Lolo Elk Management Zone, and keeping the population low for the next five years to allow the decimated elk population to recover. The green Defenders of Wildlife bombarded the Game & Fish Department with over 42,000 form comments arguing against the proposal to prevent the FWS from approving the State’s plan. “That is what they get with their approved management plans. They have sold their souls to the devil,” said Hageman. “They don’t allow controlled hunts or aerial hunting of wolves in Idaho and Montana. It will be a minimum of five years before they allow any hunting in those states, and that is with an approved plan.”

The gray wolf is the 11th most expensive species the FWS has dealt with in terms of the Endangered Species Act. “This wolf experiment has cost too much in terms of money and wildlife,” said Hageman. “Margot Zalen, one of the primary federal attorneys behind the introduction of the wolves, told me the government wants to turn wolf management over to the states, because they can’t afford them anymore.”

Wyoming’s Statutes and Wolf Management Plan classify the gray wolf as a ‘trophy game animal’ inside the National Parks and the adjacent wilderness areas, and as a ‘predator animal’ elsewhere in the state. The FWS rejected Wyoming’s plan in January 2004, insisting that Wyoming give up its dual classification and protect the gray wolf as a ‘trophy game animal’ throughout the state. That includes areas the FWS itself identified as being “undesirable” for wolf presence because of conflicts with humans, wildlife and livestock. The State of Wyoming, Park County and the Wyoming Wolf Coalition filed suit to direct the FWS to accept the plan and proceed with delisting. They believe the FWS rejected the plan based on public relations concerns rather than the ‘best science available,’ which is required by the Endangered Species Act.

“The FWS wants Wyoming to take over the wolves,” said Hageman. “What we get is the financial and environmental responsibility, but no authority to manage them. If the federal government can’t afford to manage them, how can Wyoming possibly afford it?” she questioned. “Wyoming’s legislature will be receiving a lot of pressure to get rid of the ‘predator status’ in our plan,” said Hageman. “We need to push back. Our legislature has put us in a perfect position. Watch and see if the FWS keeps their promises to Idaho and Montana. If not, we need to tell the FWS we’re not going to take over responsibility for the problems they have created.”

The wolf population in Wyoming, Idaho and Montana is over 1,000 wolves. One wolf kills about two prey animals per month, just for food. “That’s 24,000 prey animals killed each year just for food,” commented Hageman. “The prey base in Yellowstone National Park is severely declining. I think the FWS is concerned. They don’t want to be in charge of wolf management when people start figuring out there’s no wildlife left. They want to turn wolf management over to the states, so the states are responsible, that’s why they’re pushing Wyoming.” She continued, “The FWS wants Wyoming to drop it’s ‘predator animal’ status. I say, when they give real on-the-ground authority to Idaho and Montana to manage wolves the way they need to be managed, then we can consider dropping our predator status. The federal government has to be held accountable.”
 

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