,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #ddhc  ,,in ,,the ,,house ,,of  
,,representatives  ,september #bd1      
#bjai,mr4 ,young introduced the         
following bill2 which was referred to   
the ,committee on ,natural ,resources   
,a ,,bill  ,to amend the ,endangered    
,species ,act of #aigc to increase      
,state and local involvement in         
management plans4  #a4 ,short title     
,this ,act may be cited as the          
,localizing ,authority of ,management   
,plans ,act of #bjai or the ,,lamp ,act 
of #bjai4  #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 ,voluntary         
cooperative management agreements       
,section #f 7#af ,u4,s4,c4 #aece7 is    
amended by striking so much as precedes 

subsection 7c7 and inserting the        
following3  #f4 ,cooperation with       
non-,federal persons  7a7 ,generally ,in
 carrying out the program authorized by 
this ,act1 the ,secretary shall         
cooperate to the maximum extent         
practicable with the ,states and other  
non-,federal persons4 ,such cooperation 
shall include consultation with the     
,states and non-,federal persons        
concerned before acquiring any land or  
water1 or interest therein1 for the     
purpose of conserving any endangered    
species or threatened species4  7b7     
,cooperative management agreements  7#a7
 ,in general ,the ,secretary may enter  
into a cooperative management agreement 
with any ,state or group of ,states1    
political subdivision of a ,state1      
,indian ,tribe1 local government1 or    
non-,federal person--  7,a7 for the     
management of a species or group of     
species listed as endangered species or 
threatened species under section #d1 a  
species or group of species proposed to 

be listed under section #d1 or species  
or group of species that are candidates 
for listing2 or  7,b7 for the management
 or acquisition of an area that provides
 habitat for a species4  7#b7 ,scope of 
cooperative management agreements  7,a7 
,a cooperative management agreement     
entered into under this subsection--    
7i7 may provide for the management of a 
species or group of species on both     
public and private lands and waters that
 are under the authority1 control1 or   
ownership of a ,state or group of       
,states1 political subdivision of a     
,state1 ,indian ,tribe1 local           
government1 or non-,federal person and  
that are affected by a listing          
determination1 proposed determination1  
or proposed candidacy for determination2
 and  7ii7 may include the acquisition  
or management of land as habitat for    
species4  7,b7 ,a cooperative management
 agreement may not restrict private or  
non-,federal property unless written    
consent to such restrictions by the     

non-,federal owner is given either to   
the ,secretary or the ,state1 political 
subdivision1 local government1 or       
non-,federal person who is a party to   
the agreement4  7,c7 ,the ,secretary may
 grant to a party to an agreement the   
authority to undertake programs to      
enhance the population or habitat of a  
species on federally owned lands1 except
 that such authority shall not otherwise
 conflict with other uses of such land  
that are approved by the ,secretary or  
authorized by the ,congress4  7,d7 ,the 
,secretary is authorized1 in conjunction
 with entering into and as a part of any
 agreement under this section1 to       
provide funds to carry out the agreement
 to a non-,federal person1 as provided  
in paragraph 7#aa74  7#c7 ,notification 
,not later than #cj days after          
submission of a request to enter into a 
cooperative management agreement1 the   
party submitting the request shall      
provide notice of the request to any    
non-,federal person or ,federal power   

marketing administration that would be  
subject to the proposed cooperative     
management agreement4  7#d7 ,development
 of proposed agreement  7,a7 ,the       
requesting party shall develop and      
submit to the ,secretary a proposed     
cooperative management agreement4  7,b7 
,the ,secretary shall-- 7i7 publish in  
the ,federal ,register--  7,i7 a notice 
of availability of any proposed         
cooperative management agreement2 and   
7,,ii7 a request for submission within  
#cj days after the date of publication  
of the notice1 of public comment on such
 proposed agreement2 and  7ii7 shall    
hold a public hearing on such a proposed
 agreement in the county in which the   
proposed agreement would be in effect1  
if requested by a non-,federal person   
that would be subject to the proposed   
agreement and that resides in such      
county4  7#e7 ,approval of agreement    
7,a7 ,not later than #abj days after the
 submission of a proposed cooperative   
management agreement under paragraph    

7#d71 the ,secretary shall determine    
whether the proposed agreement is in    
accordance with this subsection and will
 promote the conservation of the species
 to which the proposed agreement        
applies4  7,b7 ,the ,secretary shall    
approve and enter into a proposed       
cooperative management agreement1 if the
 ,secretary finds that--  7i7 the       
requesting party has sufficient         
authority under law to implement and    
carry out the terms of the agreement2   
7ii7 the agreement defines an area that 
serves as habitat for the species or    
group of species to which the agreement 
applies2  7iii7 the agreement adequately
 provides for the administration and    
management of the identified management 
area2  7iv7 the agreement promotes the  
conservation of the species to which the
 agreement applies by committing        
,federal or non-,federal efforts to the 
conservation2  7v7 the term of the      
agreement is of sufficient duration to  
accomplish the provisions of the        

agreement2 and  7vi7 the agreement is   
adequately funded to carry out the      
agreement4  7,c7 ,no later than #cj days
 after entering into a cooperative      
management agreement1 the ,secretary    
shall publish in the ,federal ,register 
a notice of availability of the terms of
 such agreement and the response of the 
,secretary to all information received  
or presented with respect to the        
agreement pursuant to paragraph         
7#d77;,b74  7#f7 ,environmental         
assessments ,preparation1 approval1 and 
entering into a cooperative management  
agreement under this subsection shall   
not be subject to section #ajb7b7 of the
 ,national ,environmental ,policy ,act  
of #aifi 7#db ,u4,s4,c4 #dccb7b774  7#g7
 ,no surprises ,for any species or area 
that is the subject of a cooperative    
management agreement under this         
subsection1 a party to the agreement    
shall not be required--  7,a7 to make   
any additional payment for any purpose1 
or to accept any additional restriction 

on any parcel of land available for     
development or land management under the
 agreement1 without consent of the      
party2 or  7,b7 to undertake any other  
measure to minimize or mitigate impacts 
on the species in addition to measures  
required by the agreement as            
established4  7#h7 ,effect of listing of
 species ,a cooperative management      
agreement entered into under this       
subsection shall remain in effect and   
shall not be required to be amended if a
 species to which the agreement does not
 apply is determined to be an endangered
 species or threatened species under    
section #d4  7#i7 ,applicability of     
certain provisions ,sections #e1 #g1 and
 #i shall not apply to those activities 
of a party to a cooperative management  
agreement that are conducted in         
accordance with such agreement4  7#aj7  
,violations of agreements  7,a7 ,if the 
,secretary determines that a party to a 
cooperative management agreement is not 
administering or acting in accordance   

with the agreement1 the ,secretary shall
 notify the party4  7,b7 ,if a party    
that is notified under subparagraph 7,a7
 fails to take appropriate corrective   
action within a period of time          
determined by the ,secretary to be      
reasonable 7not to exceed #ij days after
 the date of the notification7--  7i7   
the ,secretary shall rescind the entire 
cooperative management agreement or the 
applicability of the agreement to the   
party that is the subject of the        
notification2 and  7ii7 beginning on the
 date of the rescission-- 7,i7 the      
entire agreement shall not be effective1
 or the agreement shall not be effective
 with respect to the party1 whichever is
 appropriate2 and  7,,ii7 sections #e1  
#g1 and #i shall apply to activities of 
the party4  7#aa7 ,,faca ,consultation  
with ,states pursuant to this section   
shall not be subject to the ,federal    
,advisory ,committee ,act 7#e ,u4,s4,c4 
,app474  4  #d4 ,delegation of authority
 to ,states  7a7 ,in general ,section #f

 7#af ,u4,s4,c4 #aece7 as amended by    
section #c of this ,act1 is further     
amended by striking subsection 7c7 and  
all that follows through subsection 7f7 
and inserting the following3  7c7 ,state
 authority ,to protect endangered       
species and threatened species  7#a7    
,delegation of authority ,in furtherance
 of the purposes of this ,act1 the      
,secretary may delegate to a ,state that
 establishes and maintains an adequate  
program for the conservation of         
endangered species and threatened       
species the authority under this ,act   
with respect to species that are        
residents in the ,state4 ,within #abj   
days after the ,secretary receives a    
certified copy of such a proposed ,state
 program1 the ,secretary shall make a   
determination whether such program will 
be adequate to provide protections to   
endangered species and threatened       
species in such ,state4 ,in order for a 
,state program to be determined to be an
 adequate program for the conservation  

of endangered species and threatened    
species1 the ,secretary must find that  
under the ,state program--  7,a7  7i7   
,state agency has authority to conserve 
resident species that are determined by 
the ,state agency or the ,secretary to  
be endangered species or threatened     
species2  7ii7 the ,state agency has    
established acceptable conservation     
programs1 consistent with the purposes  
and policies of this ,act1 for all      
resident species in the ,state that are 
determined by the ,secretary to be      
endangered species or threatened species
 or for those species or taxonomic      
groups of species that the ,state       
proposes to cover under its program1 and
 has furnished to the ,secretary a copy 
of such plan and program together with  
all pertinent details and information   
requested by the ,secretary2  7iii7 the 
,state agency is authorized to conduct  
investigations to determine the status  
and requirements for survival of        
resident endangered species and         

threatened species2  7iv7 provision is  
made for public participation in        
designating resident species as         
endangered species or threatened        
species2 and  7v7 the ,state agency has 
initiated or encouraged voluntary or    
incentive based programs to further the 
conservation objectives for the species2
 or  7,b7  7i7 the requirements set     
forth in clauses 7iii7 and 7iv7 of      
subparagraph 7,a7 are complied with2 and
  7ii7 plans are included under which   
immediate attention will be given to    
those resident species that are         
determined by the ,secretary or the     
,state agency to be endangered species  
or threatened species and that the      
,secretary and the ,state agency agree  
are most urgently in need of            
conservation programs4  7#b7 ,contents  
of delegation agreement  7,a7 ,such     
delegation shall provide for-- 7i7 the  
actions to be taken by the ,secretary   
and the ,states2  7ii7 the benefits that
 are expected to be derived in          

connection with the conservation of     
endangered species or threatened        
species2  7iii7 the estimated cost of   
such actions2 and  7iv7 the share of    
such costs to be borne by the ,federal  
,government and by the ,states2 except  
that--  7,i7 the ,federal share of such 
costs shall not exceed #ge percent of   
the estimated program cost stated in the
 agreement2 and  7,,ii7 the ,federal    
share may be increased to #ij percent if
 two or more ,states having a common    
interest in one or more endangered      
species or threatened species1 the      
conservation of which may be enhanced by
 cooperation of such ,states1 enter     
jointly into an agreement with the      
,secretary4  7#c7 ,compliance with      
procedures ,in implementing this ,act   
under authority delegated to a ,state by
 the ,secretary1 the ,state shall comply
 with all requirements1 prohibitions1   
and procedures set forth by this ,act4  
7#d7 ,prohibitions not affected ,a      
delegation to a ,state whose program is 

determined adequate under paragraph 7#a7
 shall not affect the applicability of  
prohibitions set forth in or authorized 
pursuant to section #d7;d7 or paragraph 
7#a7 or 7#b7 of section #i7;a7 with     
respect to the taking of any resident   
endangered species or threatened species
 in the ,state4  7d7 ,financial         
assistance  7#a7 ,in general ,the       
,secretary may provide financial        
assistance to any ,state1 through its   
respective ,state agency1 that has      
entered into a cooperative management   
agreement under subsection 7b7 or       
received authority under a delegation   
under subsection 7c7 of this section to 
assist in development of programs for   
the conservation of endangered species  
and threatened species or to assist in  
monitoring the status of candidate      
species pursuant to subparagraph 7,c7 of
 section #d7;b77#c7 and recovered       
species pursuant to section #d7;f74 ,the
 ,secretary shall allocate among such   
,states each annual appropriation under 

subsection 7i7 based on consideration   
of--  7,a7 the international commitments
 of the ,united ,states to protect      
endangered species or threatened        
species2  7,b7 the readiness of a ,state
 to proceed with a conservation program 
consistent with the objectives and      
purposes of this ,act2  7,c7 the number 
of endangered species and threatened    
species within a ,state2  7,d7 the      
potential for restoring endangered      
species and threatened species within a 
,state2  7,e7 the relative urgency to   
initiate a program to restore and       
protect an endangered species or        
threatened species1 in terms of survival
 of the species2  7,f7 the importance of
 monitoring the status of candidate     
species within a ,state to prevent a    
significant risk to the well-being of   
any such species2 and  7,g7 the         
importance of monitoring the status of  
recovered species within a ,state to    
assure that such species do not return  
to the point at which the measures      

provided pursuant to this ,act are again
 necessary4  7#b7 ,unobligated amounts  
,so much of the annual appropriation    
made under subsection 7i7 allocated for 
obligation to any ,state for any fiscal 
year as remains unobligated at the end  
thereof may be made available to that   
,state until the end of the succeeding  
fiscal year4 ,any amount allocated to   
any ,state that is unobligated at the   
end of the period during which it is    
available for expenditure may be made   
available for expenditure by the        
,secretary in conducting programs under 
this section4  7#c7 ,advance of funds   
,the ,secretary may1 in the ,secretary's
 discretion1 and under such rules and   
regulations as the ,secretary may       
prescribe1 advance funds to the ,state  
for financing the ,united ,states pro   
rata share agreed upon in the           
cooperative agreement4 ,for the purposes
 of this section1 the non-,federal share
 may1 in the discretion of the          
,secretary1 be in the form of money or  

real property1 the value of which shall 
be determined by the ,secretary1 whose  
decision shall be final4  7e7 ,review of
 ,state programs ,any action taken by   
the ,secretary under this section shall 
be subject to his periodic review at    
intervals of no greater than #e years4  
7f7 ,conflicts between ,federal and     
,state laws ,any ,state law or          
regulation that applies with respect to 
the importation or exportation of1 or   
interstate or foreign commerce in1      
endangered species or threatened species
 is void to the extent that it may      
effectively--  7#a7 permit what is      
prohibited by this ,act or by any       
regulation that implements this ,act2 or
  7#b7 prohibit what is authorized      
pursuant to an exemption or permit      
provided for in this ,act or in any     
regulation that implements this ,act4   
,this ,act shall not otherwise be       
construed to void any ,state law or     
regulation that is intended to conserve 
migratory1 resident1 or introduced fish 

or wildlife1 or to permit or prohibit   
sale of such fish or wildlife4 ,any     
,state law or regulation respecting the 
taking of an endangered species or      
threatened species may be more          
restrictive than the exemptions or      
permits provided for in this ,act or in 
any regulation that implements this     
,act4  4  7b7 ,conforming amendment     
,section #f7;g77#b77;,a7 7#af ,u4,s4,c4 
#aece7;g77#b77;,a77 is amended to read  
as follows3  7,a7 to which the          
,secretary has delegated authority under
 subsection 7c72 or  4  #e4 ,,faca      
,section #f 7#af ,u4,s4,c4 #aece71 as   
amended by sections #c and #d of this   
,act1 is further amended by adding at   
the end the following3  7j7 ,,faca      
,consultation with ,states regarding    
this section shall not be subject to the
 ,federal ,advisory ,committee ,act 7#e 
,u4,s4,c4 ,app474  4