,i  #aacth ,,congress  #b;d ,session    
,h4 ,r4 #dbhd  ,,in ,,the ,,house ,,of  
,,representatives  ,march #bd1 #bjad    
,mr4 ,neugebauer introduced the         
following bill2 which was referred to   
the ,committee on ,natural ,resources   
,a ,,bill  ,to amend the ,endangered    
,species ,act of #aigc to encourage     
greater ,state input and authority over 
species and habitat management by       
allowing ,states to propose and         
implement ,state ,protective ,action    
before species are listed under that    
,act1 and for other purposes4  #a4      
,short title ,this ,act may be cited as 
the ,,esa ,improvement ,act of #bjad4   
#b4 ,endangered and threatened species  
,state ,protective ,actions ,section    
#d7;c7 of the ,endangered ,species ,act 
of #aigc 7#af ,u4,s4,c4 #aecc7;c77 is   
amended--  7#a7 in paragraph 7#a71 in   
the first sentence1 by striking ,the    
,secretary shall and inserting ,except  
as provided in paragraph 7#c71 the      
,secretary shall2 and  7#b7 by adding at

 the end the following3  7#c7 ,state    
,protective ,action  7,a7 ,exclusion    
from lists ,the ,secretary shall not    
include in a list under this subsection 
any population of a species in a ,state 
if the ,secretary has approved a ,state 
,protective ,action for such population 
in accordance with this paragraph4  7,b7
 ,publication of notice ,not later than 
#ij days before proposing to add a      
species to a list under this subsection1
 the ,secretary shall notify each ,state
 in which a population of the species   
occurs of the opportunity to submit to  
the ,secretary a proposed ,state        
,protective ,action for the species in  
that ,state1 including specification of 
the criteria for approval of such an    
action under this paragraph4  7,c7      
,submission by state ,each ,state       
notified under subparagraph 7,b71 or    
group of such ,states1 may submit to the
 ,secretary a proposed ,state           
,protective ,action for the species in  
such ,state or ,states within the period

 specified by the ,secretary for the    
submission of public comment regarding  
the inclusion of the species in the     
list4  7,d7 ,guidance to states ,during 
preparation of a proposed ,state        
,protective ,action under subparagraph  
7,a71 the ,secretary shall provide      
guidance to the ,state regarding such   
preparation4  7,e7 ,approval or         
disapproval2 resubmission ,the          
,secretary shall--  7i7 approve or      
disapprove a proposed ,state ,protective
 ,action by not later than #de days     
after the date it is submitted2  7ii7   
approve such an action if the ,secretary
 determines that it meets the criteria  
specified for approval in the           
notification under subparagraph 7,b72   
7iii7 upon disapproving such an action--
  7,i7 provide the written comments     
explaining specifically why the action  
was not approved2  7,,ii7 allow the     
proposed action to be resubmitted at any
 time before the end of the #de-;day    
period beginning on the date the        

,secretary provides such comments2 and  
7,,iii7 by not later than #cj days after
 the end of such period1 issue a final  
decision regarding the proposed action4 
7,f7 ,limitation on final listing ,the  
,secretary may not add a population of a
 species to a list before the date the  
,secretary has made a final             
determination regarding approval of each
 ,state ,protective ,action for such    
population that has been submitted in   
accordance with this paragraph4  7,g7   
,qualification for grants ,for purposes 
of subsection 7d71 a ,state ,protective 
,action approved by the ,secretary under
 this paragraph shall be treated as a   
cooperative agreement entered into      
pursuant to this subsection4  7,h7      
,review of plans ,every #e years after  
approving a ,state ,protective ,action1 
the ,secretary shall review the         
implementation and effectiveness of the 
action1 and if necessary provide        
guidance on improvements or revisions   
that are required to maintain the       

,secretary's approval of the action4    
7,i7 ,revocation of ,approval ,the      
,secretary may revoke approval of a     
,state ,protective ,action for a        
population and propose adding such      
species to a list under this subsection 
if at any time after completion of the  
first review under subparagraph 7,h7 the
 ,secretary determines that--  7i7 the  
,state has failed to implement the      
action2 or  7ii7 the action has failed  
to make measurable progress toward      
achieving the recovery criteria for the 
population4  7,j7 ,termination ,the     
,secretary may terminate the            
effectiveness of a ,state ,protective   
,action approved under this paragraph1  
including review regarding the action   
under subparagraph 7,h71 if the         
,secretary determines that recovery     
criteria for the population have been   
achieved4  4