,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #fcfj ,,in ,,the ,,house ,,of ,,representatives ,july #ab1 #bjah,mr4 ,norman 7for himself1 ,mr4 ,abraham1 ,mr4 ,biggs1 ,mr4 ,bishop of ,utah1 ,mr4 ,cramer1 ,mr4 ,duncan of ,south ,carolina1 ,mr4 ,gosar1 ,mr4 ,luetkemeyer1 ,mr4 ,marshall1 ,mr4 ,tipton1 ,mr4 ,banks of ,indiana1 ,mr4 ,stewart1 ,mrs4 ,noem1 ,mr4 ,mc,clintock1 ,mr4 ,estes of ,kansas1 ,mr4 ,gohmert1 ,mr4 ,newhouse1 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 provide for greater certainty and improved planning for incidental take permit holders4 #a4 ,short title ,this ,act may be cited as the ,permit ,reassurances ,enabling ,direct ,improvements for ,conservation1 ,tenants1 and ,species ,act of #bjah or the ,,predicts ,act of #bjah4 #b4 ,codification of the no surprises regulations 7a7 ,definitions ,section #c of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecb7 is amended as follows3 7#a7 ,by inserting after paragraph 7#a7 the following3 77 ,changed circumstances ,the term changed circumstances-- 7,a7 means changes in circumstances affecting a species or geographic area covered by a covered plan or agreement that can reasonably be anticipated by developers of such plan or agreement1 respectively1 and the ,secretary1 and that can reasonably be planned for2 and 7,b7 includes-- 7i7 additions of species to lists published under section #d7;c72 and 7ii7 a fire or other natural catastrophic event in an area prone to such an event4 4 7#b7 ,by inserting after paragraph 7#c7 the following3 77 ,covered plan or agreement ,the term covered plan or agreement means a conservation plan required under section #aj7;a77#b77;,a7 or a candidate conservation agreement with assurances under section #aj7k71 respectively4 4 7#c7 ,by inserting after paragraph 7#e7 the following3 77 ,conserved habitat areas ,the term conserved habitat areas means areas explicitly designated for habitat restoration1 acquisition1 protection1 or other conservation purposes under a covered plan or agreement4 4 7#d7 ,by inserting after paragraph 7#ac7 the following3 77 ,operating conservation program ,the term operating conservation program means those conservation management activities that are expressly described in a covered plan or agreement and that are to be undertaken for the affected species when implementing the plan or agreement1 respectively1 including measures to respond to changed circumstances4 4 7#e7 ,by inserting after paragraph 7#bd7 the following3 77 ,unforeseen circumstances ,the term unforeseen circumstances means changes in circumstances affecting a species or geographic area covered by a covered plan or agreement that could not reasonably have been anticipated by plan developers and the ,secretary at the time of the development of such plan or agreement1 respectively1 and that result in a substantial and adverse change in the status of the covered species4 4 7#f7 ,by redesignating the paragraphs of such section as paragraphs 7#a7 through 7#be71 respectively4 7b7 ,conforming amendment ,section #g7n7 of such ,act 7#af ,u4,s4,c4 #aecf7n77 is amended by striking section #c7ac7 and inserting section #c7af74 7c7 ,assurances governing permit1 plan1 candidate conservation agreement with assurances1 and safe harbor agreement issuance1 modification1 and revocation ,section #aj of such ,act 7#af ,u4,s4,c4 #aeci7 is amended as follows3 7#a7 ,subsection 7a77#b77;,b7 is amended in the matter following clause 7v7 by adding at the end the following3 ,in addition1 each permit issued under paragraph 7#a77;,b71 each candidate conservation agreement with assurances entered into under subsection 7k71 and each safe harbor agreement entered into under subsection 7l7 shall contain the assurances governing permit revocation1 changed circumstances1 and unforeseen circumstances set forth in subparagraph 7#b77;,c7 and paragraph 7#c7 of this subsection44 7#b7 ,subsection 7a77#b77;,c7 is amended by inserting 7i7 before the text1 and by adding at the end the following3 7ii7 ,the ,secretary may not revoke a permit issued under paragraph 7#a77;,b7 other than as required in clause 7i71 and may not terminate any candidate conservation agreement with assurances under subsection 7k7 or safe harbor agreement entered into under subsection 7l71 unless the ,secretary finds that-- 7,i7 continuation of the permitted activity or activity authorized under such an agreement1 respectively1 would be inconsistent with any of the criteria set forth in subparagraph 7,b72 and 7,,ii7 the inconsistency has not been remedied in a timely fashion4 4 7#c7 ,subsection 7a7 is amended by adding at the end the following3 7#c7 ,each permit issued by the ,secretary under paragraph 7#a77;,b71 each candidate conservation agreement with assurances entered into under subsection 7k71 and each safe harbor agreement entered into under subsection 7l7 shall be subject to the following assurances addressing changed circumstances and unforeseen circumstances3 7,a7 ,if additional conservation and mitigation measures are deemed necessary to respond to changed circumstances and are specified in the operating conservation program of the conservation plan for the permit or in such agreement1 respectively1 the permittee shall implement such measures4 7,b7 ,if additional conservation and mitigation measures are deemed necessary to respond to changed circumstances and are not specified in the operating conservation program of the conservation plan for the permit or in such agreement1 respectively1 the ,secretary may not require any conservation and mitigation measures in addition to those specified in the plan or agreement1 respectively1 without the consent of the permittee4 7,c7 7i7 ,in negotiating unforeseen circumstances1 the ,secretary may not require the commitment of additional land1 water1 or financial compensation or additional restrictions on the use of land1 water1 or other natural resources beyond the level otherwise agreed upon for the species covered by the conservation plan or by such agreement1 respectively1 without the consent of the permittee4 7ii7 ,if additional conservation and mitigation measures are deemed necessary to respond to unforeseen circumstances1 the ,secretary may require additional measures of the permittee where the conservation plan or agreement1 respectively1 is being properly implemented1 but only if such measures-- 7,i7 are limited to modifications within conserved habitat areas1 if any1 or to the conservation plan's or agreement's operating conservation program for the affected species2 7,,ii7 maintain the original terms and structures of the conservation plan or agreement to the maximum extent possible2 and 7,,iii7 will not involve the commitment of additional land1 water1 or financial compensation or additional restrictions on the use of land1 water1 or other natural resources otherwise available for development or use under the original terms of the conservation plan or agreement1 without the consent of the permittee4 7iii7 ,the ,secretary shall have the burden of demonstrating that unforeseen circumstances exist1 using the best scientific and commercial data available4 ,the ,secretary shall clearly document any finding that unforeseen circumstances exist1 and shall base such finding on reliable technical information regarding the status and habitat requirements of the affected species4 ,in making such finding1 the ,secretary will consider1 among other matters1 the following factors3 7,i7 ,the size of the current range of the affected species4 7,,ii7 ,the percentage of such range adversely affected by the conservation plan or agreement4 7,,iii7 ,the percentage of such range conserved by the conservation plan or agreement4 7,,iv7 ,the ecological significance of that portion of the range affected by the conservation plan or agreement4 7,v7 ,the level of knowledge about the affected species and the degree of specificity of the species' conservation program under the conservation plan or agreement4 7,,vi7 ,whether failure to adopt additional conservation measures would appreciably reduce the likelihood of survival and recovery of the affected species in the wild4 7iv7 ,the ,secretary shall-- 7,i7 present a record of the analyses of the status of unforeseen circumstances to the permittee before requiring any additional conservation or mitigation measures of the permittee or agreement party under clause 7ii72 and 7,,ii7 include in the record a qualitative and quantitative analysis of each of the factors specified in subclauses 7,i7 through 7,,vi7 of clause 7iii74 4 #c4 ,candidate conservation agreements with assurances 7a7 ,permits ,section #aj7;a77#a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci7;a77#a77 is amended-- 7#a7 by striking or at the end of subparagraph 7,a72 7#b7 by striking the period at the end of subparagraph 7,b7 and inserting 2 or2 and 7#c7 by adding at the end the following3 7,c7 any taking incidental to1 and not the purpose of1 the carrying out of an otherwise lawful activity pursuant to a candidate conservation agreement with assurances entered into under subsection 7k7 or a safe harbor agreement entered into under subsection 7l74 4 7b7 ,agreements ,section #aj of such ,act 7#af ,u4,s4,c4 #aeci7 is amended by adding at the end the following3 7k7 ,candidate conservation agreements 7#a7 ,in general ,at the request of any non-,federal person1 the ,secretary may enter into a candidate conservation agreement with assurances with the person for a species that has been proposed for listing under section #d7;c77#a71 is a candidate species1 or is likely to be considered for listing in the near future on areas where the person has a fee simple1 leasehold1 or other property interest 7including water or other natural resources7 sufficient to carry out the proposed management activities1 including on lands or waters under ,federal ownership or control4 7#b7 ,review by the secretary 7,a7 ,submission to the secretary ,a non-,federal person may submit a candidate conservation agreement with assurances developed under paragraph 7#a7 to the ,secretary for review at any time prior to the listing described in section #d7;c77#a7 of a species that is the subject of the agreement4 7,b7 ,criteria for ,approval ,the ,secretary may approve an agreement and issue a permit under subsection 7a77#a77;,c7 for the agreement if1 after notice and opportunity for public comment1 the ,secretary finds that-- 7i7 for species proposed for listing1 candidates for listing1 or are likely to be considered for listing in the near future1 that are included in the agreement1 the actions taken under the agreement1 would provide a beneficial contribution to the conservation of the species or its habitat during the duration of the agreement2 7ii7 the actions taken under the agreement will not appreciably reduce the likelihood of survival and recovery of an endangered species or a threatened species2 and 7iii7 the agreement includes such monitoring and reporting requirements as reasonably necessary for determining whether the terms and conditions of the agreement are being complied with4 7#c7 ,effective date of permit ,a permit issued under subsection 7a77#a77;,c7 shall take effect at the time the species is listed pursuant to section #d7;c71 if the permittee is in full compliance with the terms and conditions of the agreement4 7#d7 ,assurances ,a person who has entered into a candidate conservation agreement under this subsection1 and is in compliance with the agreement1 may not be required to undertake any additional measures for species covered by such agreement if the measures would require the payment of additional money1 or the adoption of additional use1 development1 or management restrictions on any land1 waters1 or water-related rights that would otherwise be available under the terms of the agreement without the consent of the person entering into the agreement4 ,the ,secretary and the person entering into a candidate conservation agreement1 by the terms of the agreement1 shall identify-- 7,a7 other modifications to the agreement2 or 7,b7 other additional measures2 if any1 that the ,secretary may require under extraordinary circumstances4 4 #d4 ,safe harbor agreements ,section #aj of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci7 7as amended by section #c7 is further amended by adding at the end the following3 7l7 ,safe harbor agreements 7#a7 ,agreements 7,a7 ,in general ,the ,secretary may enter into agreements with non-,federal persons to benefit the conservation of endangered species or threatened species by creating1 restoring1 or improving areas as habitat or by maintaining currently unoccupied habitat for endangered species or threatened species4 ,under an agreement1 the ,secretary shall permit the person to take endangered species or threatened species included under the agreement on lands or waters that are subject to the agreement if the taking is incidental to1 and not the purpose of1 carrying out of an otherwise lawful activity1 except that the ,secretary may not permit through an agreement any incidental taking below the baseline requirement specified pursuant to subparagraph 7,b74 7,b7 ,baseline ,for each agreement under this subsection1 the ,secretary shall establish a baseline requirement that is mutually agreed on by the applicant and the ,secretary at the time of the agreement that will1 at a minimum1 maintain existing conditions for the species covered by the agreement on lands and waters that are subject to the agreement4 ,the baseline may be expressed in terms of the abundance or distribution of endangered or threatened species1 quantity or quality of habitat1 or such other indicators as appropriate4 7#b7 ,criteria for approval ,the ,secretary may approve an agreement and issue a permit under subsection 7a77#a77;,c7 for the agreement if1 after notice and opportunity for public comment1 the ,secretary finds that-- 7,a7 the implementation of the terms of the agreement is reasonably expected to provide a beneficial contribution to the recovery of the species during the duration of the agreement2 7,b7 the take will be incidental to an otherwise lawful activity and will be in accordance with the terms of the agreement2 7,c7 the actions taken under the agreement will not appreciably reduce the likelihood of survival and recovery of an endangered species or threatened species2 and 7,d7 the agreement includes such monitoring and reporting requirements as reasonably necessary for determining whether the terms and conditions of the agreement are being complied with4 7#c7 ,effective date of the permit ,a permit issued under subsection 7a77#a77;,c7 shall take effect on the day of issuance for species covered by the agreement4 4 #e4 ,financial assistance ,section #aj of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci7 7as amended by section 7#d77 is further amended by adding at the end the following3 7m7 ,financial assistance 7#a7 ,in general ,in cooperation with the ,states and subject to the availability of appropriations1 the ,secretary may provide a grant of up to #aj1jjj to any individual private landowner to assist the landowner in carrying out a candidate conservation agreement with assurances or safe harbor agreement under this subsection4 7#b7 ,prohibition on assistance for required activities ,the ,secretary may not provide assistance under this paragraph for any action that is required by a permit1 candidate conservation agreement with assurances1 or safe harbor agreement under this ,act or that is otherwise required under this ,act or other ,federal law4 7#c7 ,other payments ,a grant provided to an individual private landowner under this paragraph shall be in addition to1 and not affect1 the total amount of payments that the landowner is otherwise eligible to receive under ,federal law4 4