,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #fcdd ,,in ,,the ,,house ,,of ,,representatives ,july #ab1 #bjah,mr4 ,tipton 7for himself1 ,mr4 ,gosar1 ,mr4 ,marshall1 ,mr4 ,biggs1 ,mr4 ,luetkemeyer1 ,mr4 ,duncan of ,south ,carolina1 ,mr4 ,bishop of ,utah1 ,mr4 ,abraham1 ,mr4 ,norman1 ,mr4 ,banks of ,indiana1 ,mr4 ,stewart1 ,mrs4 ,noem1 ,mr4 ,estes of ,kansas1 ,mr4 ,newhouse1 ,mr4 ,schrader1 and ,mr4 ,walden7 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 voluntary conservation efforts4 #a4 ,short title ,this ,act may be cited as the ,land ,ownership ,collaboration ,accelerates ,life ,act of #bjah or the ,,local ,act of #bjah4 #b4 ,references ,except as otherwise specifically provided1 whenever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a provision1 the reference shall be considered to be made to a provision of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 #c4 ,threatened and endangered species incentives program ,section #e 7#af ,u4,s4,c4 #aecd7 is amended by adding at the end the following3 7c7 ,threatened and endangered species incentives program 7#a7 ,the ,secretary may enter into species recovery agreements pursuant to paragraph 7#b7 and species conservation contract agreements pursuant to paragraph 7#c7 with persons1 other than agencies or departments of the ,federal ,government or ,state governments1 under which the ,secretary is obligated1 subject to the availability of appropriations1 to make annual payments or provide other compensation to the persons to implement the agreements4 7#b7 7,a7 ,the ,secretary and persons who are property owners of private land or water may enter into species recovery agreements with a term of not less than #e years that meet the criteria set forth in subparagraph 7,b7 and are in accordance with the priority established in subparagraph 7,c74 7,b7 ,a species recovery agreement entered into under this paragraph by the ,secretary with a person-- 7i7 shall require that the person shall carry out1 on the property owner's land or water1 activities that-- 7,i7 protect1 enhance1 or restore other areas to become habitat for species determined to be endangered species or threatened species2 7,,ii7 contribute to the recovery of one or more covered species2 and 7,,iii7 specify and implement a management plan for the covered species2 7ii7 shall specify such a management plan that includes-- 7,i7 identification of the covered species2 7,,ii7 a description of the land or water to which the agreement applies2 and 7,,iii7 a description of1 and a schedule to carry out1 the activities under clause 7i72 7iii7 shall provide sufficient documentation to establish property ownership with respect to which the agreement applies2 7iv7 shall include the amounts of the annual payments or other compensation to be provided by the ,secretary to the person under the agreement from funds appropriated under section #ah7;a77#a71 and the terms under which such payments or compensation shall be provided2 and 7v7 shall include-- 7,i7 the duties of the person2 7,,ii7 the duties of the ,secretary2 7,,iii7 the terms and conditions under which the person and the ,secretary mutually agree the agreement may be modified or terminated2 and 7,,iv7 acts or omissions by the person or the ,secretary that shall be considered violations of the agreement1 and procedures under which notice of and an opportunity to remedy any violation by the person or the ,secretary shall be given4 7,c7 ,in entering into species recovery agreements under this paragraph1 the ,secretary shall accord priority to agreements based on the best available scientific data and that identify specific areas that are of special value to the recovery of the species concerned4 7#c7 7,a7 ,the ,secretary and a property owner may enter into a species conservation contract agreement with a term of #cj years1 #bj years1 or #aj years that meets the criteria set forth in subparagraph 7,b7 and standards set forth in subparagraph 7,d7 and is in accordance with the priorities established in subparagraph 7,c74 7,b7 ,a species conservation contract agreement entered into under this paragraph by the ,secretary with a person-- 7i7 shall provide that the person shall1 on the property owner's land or water-- 7,i7 carry out conservation practices to meet one or more of the goals set forth in clauses 7i7 through 7iii7 of subparagraph 7,c7 for one or more species that are determined to be endangered species or threatened species pursuant to section #d7;a77#a71 species determined to be candidate species pursuant to section #d7;b77#c77;,b77iii71 or species subject to comparable designations under ,state law2 and 7,,ii7 specify and implement a management plan for the covered species2 7ii7 shall specify such a management plan that includes-- 7,i7 identification of the covered species2 7,,ii7 a description in detail of the conservation practices for the covered species that the person shall undertake2 7,,iii7 a description of the land or water to which the agreement applies2 7,,iv7 a schedule of approximate deadlines1 whether one-time or periodic1 for undertaking the conservation practices described pursuant to subclause 7,,ii72 and 7,v7 a description of existing or future activities on the land or water to which the agreement applies that are compatible with the conservation practices described pursuant to subclause 7,,ii7 and generally with conservation of the covered species2 7iii7 shall specify the term of the agreement2 and 7iv7 shall include-- 7,i7 the duties of the person2 7,,ii7 the duties of the ,secretary2 7,,iii7 the terms and conditions under which the person and the ,secretary mutually agree the agreement may be modified or terminated2 7,,iv7 acts or omissions by the person or the ,secretary that shall be considered violations of the agreement1 and procedures under which notice of and an opportunity to remedy any violation by the person or the ,secretary shall be given2 and 7,v7 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 7,,iv71 including any requirement for the person to refund all or part of any payments received under subparagraph 7,e7 and any interest thereon4 7,c7 ,the ,secretary shall establish priorities for the selection of species conservation contract agreements1 or groups of such agreements for adjacent or proximate lands or water1 to be entered into under this paragraph that address the following factors3 7i7 ,the potential of the land or water to which the agreement or agreements apply to contribute to the conservation of an endangered species or threatened species or a species with a comparable designation under ,state law4 7ii7 ,the potential of such land or water to contribute to the improvement of the status of a candidate species or a species with a comparable designation under ,state law4 7iii7 ,the amount of acreage of such land or water4 7iv7 ,the number of covered species in the agreement or agreements4 7v7 ,the degree of urgency for the covered species to implement the conservation practices in the management plan or plans under the agreement or agreements4 7vi7 ,land or water in close proximity to military test and training ranges1 installations1 and associated airspace that is affected by a covered species4 7,d7 ,the ,secretary shall enter into a species conservation contract agreement submitted by a person that complies with this paragraph1 if the ,secretary finds that the person's property ownership will allow implementation of the management plan under the agreement4 7,e7 7i7 ,upon entering into a species conservation contract agreement with the ,secretary pursuant to this paragraph1 a person shall receive the financial assistance provided for in this subparagraph4 7ii7 ,if the person is implementing fully the agreement1 the person shall receive from the ,secretary-- 7,i7 in the case of a #cj-year agreement1 an annual contract payment in an amount equal to #ajj percent of the person's actual costs to implement the conservation practices described in the management plan under the terms of the agreement2 7,,ii7 in the case of a #bj-year agreement1 an annual contract payment in an amount equal to #hj percent of the person's actual costs to implement the conservation practices described in the management plan under the terms of the agreement2 and 7,,iii7 in the case of a #aj-year agreement1 an annual contract payment in an amount equal to #fj percent of the person's actual costs to implement the conservation practices described in the management plan under the terms of the agreement4 7iii7 7,i7 ,if the person receiving contract payments pursuant to clause 7ii7 receives any other ,state or ,federal funds to defray the cost of any conservation practice required by the agreement1 the cost of such practice shall not be eligible for such contract payments4 7,,ii7 ,contributions of agencies or organizations to any conservation practice other than the funds described in subclause 7,i7 shall not be considered as costs of the person for purposes of the contract payments pursuant to clause 7iii74 7,f7 ,a species conservation contract agreement may list other ,federal program payments that incidentally contribute to conservation of a listed species4 ,the head of a ,federal agency shall not use the payments for the purposes of implementing the species conservation contract agreement4 7#d7 7,a7 ,upon request of a person seeking to enter into an agreement pursuant to this subsection1 the ,secretary may provide to such person technical assistance in the preparation1 and management training for the implementation1 of the management plan for the agreement4 7,b7 ,any ,state agency1 local government1 nonprofit organization1 or federally recognized ,indian tribe may provide assistance to a person in the preparation of a management plan1 or participate in the implementation of a management plan1 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 agreements4 7#e7 ,upon any conveyance or other transfer of interest in land or water that is subject to an agreement under this subsection-- 7,a7 the agreement shall terminate if the agreement does not continue in effect under subparagraph 7,b72 7,b7 the agreement shall continue in effect with respect to such land or water1 with the same terms and conditions1 if the person to whom the land1 water1 or interest is conveyed or otherwise transferred notifies the ,secretary of the person's election to continue the agreement by no later than #cj days after the date of the conveyance or other transfer and the person is determined by the ,secretary to qualify to enter into such agreement under this subsection2 or 7,c7 the person to whom the land1 water1 or interest is conveyed or otherwise transferred may seek a new agreement under this subsection4 7#f7 ,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 7#e74 7#g7 ,the ,secretary shall make annual payments under this subsection as soon as possible after ,december #ca of each calendar year4 7#h7 ,an agreement under this subsection that applies to a species shall be deemed to be a permit under section #aj7;a77#a7 to conduct all recovery1 conservation1 and other activities that are specified in the management plan and to enhance the propagation or survival of such species4 7#i7 ,the ,secretary1 or any other ,federal official1 may not require a person to enter into an agreement under this subsection as a term or condition of any right1 privilege1 or benefit1 or of any action or refraining from any action1 under this ,act4 7#aj7 ,in this subsection the term property owner means a person that holds a fee simple1 leasehold1 or other interest in property 7including an owner of water or other natural resources71 or any other person who holds a property interest1 sufficient to carry out the proposed management activities1 subject to applicable ,state law1 on non-,federal land4 4 #d4 ,habitat reserve agreements ,section #aj 7#af ,u4,s4,c4 #aeci7 amended by adding at the end the following3 7k7 ,habitat reserve agreements 7#a7 ,program ,the ,secretary shall establish a habitat reserve program to be implemented through contracts or easements of a mutually agreed on duration to assist non-,federal property owners to preserve and manage suitable habitat for endangered species and threatened species4 7#b7 ,agreements ,the ,secretary may enter into a habitat reserve agreement with a non-,federal property owner to protect1 manage1 or enhance suitable habitat on private property for the benefit of endangered species or threatened species4 ,under an agreement1 the ,secretary shall make payments in an agreed on amount to the property owner for carrying out the terms of the habitat reserve agreement1 if the activities undertaken pursuant to the agreement are not otherwise required by this ,act4 7#c7 ,standards and guidelines ,the ,secretary shall issue standards and guidelines for the development and approval of habitat reserve agreements in accordance with this subsection4 ,agreements shall1 at a minimum1 specify the management measures1 if any1 that the property owner will implement for the benefit of endangered species or threatened species1 the conditions under which the property may be used1 the nature and schedule for any payments agreed on by the parties to the agreement1 and the duration of the agreement4 7#d7 ,payments ,any payment received by a property owner under a habitat reserve agreement shall be in addition to and shall not affect the total amount of payments that the property owner is otherwise entitled to receive under ,federal law4 7#e7 ,authorization of ,appropriations ,there are authorized to be appropriated to the ,secretary of the ,interior #bg1ejj1jjj and the ,secretary of ,commerce #ac1ccc1ccc for each of fiscal years #bjai through #bjbd to assist non-,federal property owners to carry out the terms of habitat reserve programs under this subsection4 4 #e4 ,private party conservation grants 7a7 ,in general ,section #ac 7consisting of amendments to other laws1 which have executed7 is amended to read as follows3 #ac4 ,private property conservation 7a7 ,in general ,the ,secretary may provide conservation grants 7in this section referred to as #8grants'7 to promote the voluntary conservation of endangered species and threatened species by owners of private property and shall provide financial conservation aid 7in this section referred to as #8aid'7 to alleviate the burden of conservation measures imposed upon private property owners by this ,act4 ,the ,secretary may provide technical assistance when requested to enhance the conservation effects of grants or aid4 7b7 ,awarding of grants and aid ,grants to promote conservation of endangered species and threatened species on private property-- 7#a7 may not be used to fund litigation1 general education1 general outreach1 lobbying1 or solicitation2 7#b7 may not be used to acquire leases or easements of more than #ej years duration or fee title to private property2 7#c7 must be designed to directly contribute to the conservation of an endangered species or threatened species by increasing the species' numbers or distribution2 and 7#d7 must be supported by any private property owners on whose property any grant funded activities are carried out4 7c7 ,priority ,priority shall be accorded among grant requests in the following order3 7#a7 ,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 conducted4 7#b7 ,grants that develop1 promote1 or use techniques to increase the distribution or population of an endangered species or threatened species on private property4 7#c7 ,other grants that promote voluntary conservation of endangered species or threatened species on private property4 7d7 ,eligibility for aid 7#a7 ,the ,secretary shall award aid to private property owners who-- 7,a7 received a written determination under section #aj7l7 finding that the proposed use of private property would not comply with section #i7;a72 or 7,b7 receive notice under section #aj7l77#aj7 that a written determination has been withdrawn4 7#b7 ,aid shall be in an amount no less than the fair market value of the use that was proposed by the property owner if-- 7,a7 the owner has foregone the proposed use2 7,b7 the owner has requested financial aid-- 7i7 within #ahj days after the ,secretary's issuance of a written determination that the proposed use would not comply with section #i7;a72 or 7ii7 within #ahj days after the property owner is notified of a withdrawal under section #aj7l77#aj72 and 7,c7 the foregone use would be lawful under ,state and local law and the property owner has demonstrated that the property owner has the means to undertake the proposed use4 7e7 ,distribution of grants and aid 7#a7 ,the ,secretary shall pay eligible aid-- 7,a7 within #bgj days after receipt of a request for aid unless there are unresolved questions regarding the fair market value2 or 7,b7 at the resolution of any questions concerning the fair market value established under subsection 7g74 7#b7 ,all grants provided under this section shall be paid on the last day of the fiscal year4 ,aid shall be paid based on the date of the initial request4 7f7 ,documentation of the foregone use ,within #cj days after the request for aid1 the ,secretary shall enter into negotiations with the property owner regarding the documentation of the foregone proposed use through such mechanisms that would benefit the species such as contract terms1 lease terms1 deed restrictions1 easement terms1 or transfer of title4 ,if the ,secretary and the property owner are unable to reach an agreement1 then1 within #fj days after the request for aid1 the ,secretary shall determine how the property owner's foregone use shall be documented to benefit the species with the least impact on the ownership interests of the property owner necessary to document the foregone use1 which shall not include transfer of title4 7g7 ,fair market value ,for purposes of this section1 the fair market value of the foregone use of the affected portion of the private property1 including business losses1 is what a willing buyer would pay to a willing seller in an open market4 ,fair market value shall take into account the likelihood that the foregone use would be approved under ,state and local law4 ,the fair market value shall be determined within #ahj days after the documentation of the foregone use4 ,the fair market value shall be determined jointly by #b licensed independent appraisers1 one selected by the ,secretary and one selected by the property owner4 ,if the #b appraisers fail to agree on fair market value1 the ,secretary and the property owner shall jointly select a third licensed appraiser whose appraisal within an additional #ij days shall be the best and final offer by the ,secretary4 ,within one year after the date of enactment of this subsection1 the ,secretary shall promulgate regulations regarding selection of the jointly selected appraisers under this subsection4 7h7 ,limitation on aid availability ,any person receiving aid under this section may not receive additional aid under this section for essentially the same foregone use of the same property and for the same period of time4 7i7 ,annual reporting ,the ,secretary shall by ,january #ae of each year provide a report of all aid and grants awarded under this section to the ,committee on ,natural ,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 internet4 4 7b7 ,written determination of compliance ,section #aj 7#af ,u4,s4,c4 #aeci7 7as amended by section #d7 is further amended by adding at the end the following3 7l7 ,written determination of compliance 7#a7 ,a property owner 7in this subsection referred to as a requestor7 may request the ,secretary to make a written determination that a proposed use of the owner's property that is lawful under ,state and local law will comply with section #i7;a71 by submitting a written description of the proposed action to the ,secretary by certified mail4 7#b7 ,a written description of a proposed use is deemed to be sufficient for consideration by the ,secretary under paragraph 7#a7 if the description includes-- 7,a7 the nature1 the specific location1 the lawfulness under ,state and local law1 and the anticipated schedule and duration of the proposed use1 and a demonstration that the property owner has the means to undertake the proposed use2 and 7,b7 any anticipated adverse impact to a species that is included on a list published under #d7;c77#a7 that the requestor reasonably expects to occur as a result of the proposed use4 7#c7 ,the ,secretary may request and the requestor may supply any other information that either believes will assist the ,secretary to make a determination under paragraph 7#a74 7#d7 ,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 7#b71 the requestor may submit a subsequent request under this subsection for the same proposed use4 7#e7 7,a7 ,subject to subparagraph 7,b71 the ,secretary shall provide to the requestor a written determination of whether the proposed use1 as proposed by the requestor1 will comply with section #i7;a71 by not later than expiration of the #ahj-;day period beginning on the date of the submission of the request4 7,b7 ,the ,secretary may request1 and the requestor may grant1 a written extension of the period under subparagraph 7,a74 7,c7 ,the ,secretary may extend the period that applies under paragraph 7#e7 by up to #ahj days if-- 7i7 the ,secretary1 after consideration of the best available science1 demonstrates that seasonal or biological considerations preclude a determination within the period that would otherwise apply2 and 7ii7 the requestor consents to such extension4 7#f7 ,if the ,secretary fails to provide a written determination before the expiration of the period under paragraph 7#e77;,a7 7or any extension thereof under paragraph 7#e77;,b771 the ,secretary is deemed to have determined that the proposed use complies with section #i7;a74 7#g7 ,this subsection shall not apply with respect to agency actions that are subject to consultation under section #g4 7#h7 ,any use or action taken by the property owner in reasonable reliance on a written determination of compliance under paragraph 7#e7 or on the application of paragraph 7#f7 shall not be treated as a violation of section #i7;a74 7#i7 ,any determination of compliance under this subsection shall remain effective-- 7,a7 in the case of a written determination provided under paragraph 7#e77;,a71 for the #aj-year period beginning on the date the written determination is provided2 or 7,b7 in the case of a determination that under paragraph 7#f7 the ,secretary is deemed to have made1 the #e-year period beginning on the first date the ,secretary is deemed to have made the determination4 7#aj7 ,the ,secretary may withdraw a determination of compliance under this section only if the ,secretary determines that1 because of unforeseen changed circumstances1 the continuation of the use to which the determination applies would preclude conservation measures essential to the survival of any endangered species or threatened species4 ,such a withdrawal shall take effect #e days after the date the requestor receives from the ,secretary1 by certified mail1 notice of the withdrawal4 4 #f4 ,habitat ,conservation ,planning ,loan ,program ,section #aj7;a7 7#af ,u4,s4,c4 #aeci7;a77 is amended by adding at the end the following3 7#c7 ,habitat ,conservation ,planning ,loan ,program 7,a7 ,establishment ,there is established a ,habitat ,conservation ,planning ,loan ,program 7referred to in this paragraph as the ,program7 under which the ,secretary may make no-interest loans to assist in the development of a conservation plan under this section4 7,b7 ,eligibility ,any ,state1 county1 municipality1 or other political subdivision of a ,state shall be eligible to receive a loan under the ,program4 7,c7 ,loan limits ,the amount of any loan may not exceed the total financial contribution of the other parties participating in the development of the plan4 7,d7 ,criteria ,in determining whether to make a loan1 the ,secretary shall consider-- 7i7 the number of species covered by the plan2 7ii7 the extent to which there is a commitment to participate in the planning process from a diversity of interests 7including local governmental1 business1 environmental1 and property owner interests72 7iii7 the likely benefits of the plan2 and 7iv7 such other factors as the ,secretary considers appropriate4 7,e7 ,term of the loan 7i7 ,in general ,except as provided in clauses 7ii7 and 7iii71 a loan made under this paragraph shall be for a term of ten years4 7ii7 ,advanced repayments ,if no conservation plan is developed within three years after the date of the loan1 the loan shall be for a term of four years4 ,if no permit is issued under paragraph 7#a77;,b7 with respect to the conservation plan within four years after the date of the loan1 the loan shall be for a term of five years4 7iii7 ,delay in beginning of term ,the ,secretary shall delay the beginning of the term of a loan as necessary to allow the borrower to obtain any permit under section #aj that is necessary to carry out activities to be conducted with the loan4 4