,,ii #aafth ,,congress #b;d ,session ,s4 #dehi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #af1 #bjbj,mr4 ,barrasso introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend the ,endangered ,species ,act of #aigc to increase transparency1 to support regulatory certainty1 and to reauthorize that ,act1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,endangered ,species ,act ,amendments of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,technical corrections of gender-specific pronouns,sec4 #aja4 ,technical corrections of gender-specific pronouns4,,title ,,ii--,enhancing the ,federal-,state conservation partnership,sec4 #bja4 ,definitions4,sec4 #bjb4 ,state-,federal consultation relating to conservation and recovery of wildlife4,sec4 #bjc4 ,recovery of threatened and endangered species4,sec4 #bjd4 ,delisting1 downlisting1 and uplisting4,sec4 #bje4 ,cooperation with ,states and ,indian ,tribes4,sec4 #bjf4 ,state consultation regarding experimental populations4,sec4 #bjg4 ,state participation in settlements4,,title ,,iii--,encouraging conservation activities through regulatory certainty,sec4 #cja4 ,sense of ,congress regarding conservation agreements and activities4,sec4 #cjb4 ,conservation agreements as factors in listing decisions4,sec4 #cjc4 ,conservation efforts as regulatory mechanisms4,sec4 #cjd4 ,candidate conservation agreements with assurances4,sec4 #cje4 ,safe harbor agreements4,sec4 #cjf4 ,conservation agreement templates4,,title ,,iv--,strengthening conservation decisionmaking through increased transparency,sec4 #dja4 ,transparency of information4,sec4 #djb4 ,transparency in litigation4,,title ,v--,optimizing conservation through resource prioritization,sec4 #eja4 ,prioritization of listing petitions1 reviews1 and determinations4,,title ,,vi--,studies to improve conservation,sec4 #fja4 ,definition of ,secretaries4,sec4 #fjb4 ,study to review conservation factors4,sec4 #fjc4 ,study and report on expenditures4,sec4 #fjd4 ,study to quantify litigation expenses4,,title ,,vii--,reauthorization,sec4 #gja4 ,reauthorization4,,title ,,viii--,miscellaneous,sec4 #hja4 ,effect4,sec4 #hjb4 ,sense of the ,senate4 ,i ,technical corrections of gender-specific pronouns #aja4 ,technical corrections of gender-specific pronouns 7a7 ,determination of endangered species and threatened species ,section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7 is amended-- 7#a7 in subsection 7a77#b7-- 7,a7 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 in any case in which the ,secretary of ,commerce determines that the species should be-- 7i7 listed as an endangered species or a threatened species1 or changed in status from a threatened species to an endangered species-- 7,i7 the ,secretary of ,commerce shall submit to the ,secretary of the ,interior a notice of the determination2 and 7,,ii7 the ,secretary of the ,interior shall list the species in accordance with this section2 or 7ii7 removed from any list published pursuant to subsection 7c71 or changed in status from an endangered species to a threatened species-- 7,i7 the ,secretary of ,commerce shall recommend that action to the ,secretary of the ,interior2 and 7,,ii7 the ,secretary of the ,interior1 on concurrence with the recommendation1 shall implement the action2 and 2 and 7,b7 by redesignating subparagraph 7,c7 as subparagraph 7,b7 and indenting the subparagraph appropriately2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,a71 by striking to him2 7,b7 in paragraph 7#b71 in the second sentence1 by striking he determines each place it appears and inserting the ,secretary determines2 7,c7 in paragraph 7#c77;,d77ii71 by striking the ,secretary shall and all that follows through the period at the end and inserting the following3 8the ,secretary shall-- 7,i7 determine the means by which to proceed with the requested revision2 and 7,,ii7 promptly publish in the ,federal ,register a notice of the determination4 2 7,d7 in paragraph 7#e77;,c71 by striking he deems and inserting the ,secretary determines to be2 7,e7 in paragraph 7#f77;,b77ii71 in the third sentence1 by striking he determines and inserting the ,secretary determines2 and 7,f7 in paragraph 7#g71 in the third sentence of the undesignated matter following subparagraph 7,b71 by striking he shall withdraw it and inserting the ,secretary shall withdraw the regulation2 7#c7 in subsection 7c77#a71 in the first sentence1 by striking by him each place it appears and inserting by the ,secretary2 7#d7 in subsection 7d71 in the first sentence1 by striking he deems and inserting the ,secretary determines to be2 7#e7 in subsection 7e7-- 7,a7 by redesignating subparagraphs 7,b7 and 7,c7 as paragraphs 7#b7 and 7#c71 respectively1 and indenting the paragraphs appropriately2 and 7,b7 by striking and to the extent in the matter preceding subparagraph 7,a7 and all that follows through 7,a7 such species and inserting the following3 to the extent the ,secretary determines to be advisable1 treat any species as an endangered species or threatened species1 regardless of whether the species is listed pursuant to this section1 if the ,secretary finds that-- 7#a7 the species 2 and 7#f7 in subsection 7f77#a71 in the first sentence of the matter preceding subparagraph 7,a71 by striking he finds and inserting the ,secretary finds4 7b7 ,land acquisition ,section #e7;a77#b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecd7;a77#b77 is amended by striking in him and inserting in the ,secretary4 7c7 ,cooperation with ,states ,section #f of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aece7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking he each place it appears and inserting the ,secretary2 and 7,b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking he each place it appears and inserting the ,secretary2 7#b7 in subsection 7d77#b7-- 7,a7 by striking the paragraph designation and all that follows through agreement2 and in clause 7i7 and inserting the following3 7#b7 ,cooperative agreement requirements 7,a7 ,in general ,a cooperative agreement under this section shall include provisions relating to-- 7i7 the benefits expected to be derived in connection with the conservation of each applicable endangered species or threatened species2 7ii7 the actions to be carried out by-- 7,i7 the ,secretary2 and 7,,ii7 each applicable ,state2 7iii7 the estimated cost of the actions described in clause 7ii72 and 7iv7 subject to subparagraph 7,b71 the ,federal and non-,federal shares of those costs4 7,b7 ,federal share ,in establishing the provisions required under subparagraph 7,a77iv71 the ,secretary shall ensure that-- 7i7 the ,federal share of the applicable program costs shall not exceed #ge percent of the estimated program cost1 as stated in the cooperative agreement2 but 2 and 7,b7 in the undesignated matter following clause 7ii7 of subparagraph 7,b7 7as so designated7-- 7i7 in the second sentence-- 7,i7 by striking ,secretary1 whose decision and inserting the following3 ,secretary4 7,,ii7 ,treatment of determination ,a determination of the ,secretary pursuant to subclause 7,i7 2 and 7,,ii7 by striking ,for the purposes and inserting the following3 7ii7 ,form of non-,federal share 7,i7 ,in general ,for purposes 2 and 7ii7 in the first sentence1 by striking ,the ,secretary may1 in his discretion1 and under such rules and regulations as he may prescribe1 advance and inserting the following3 7,c7 ,non-,federal share 7i7 ,in general ,at the discretion of the ,secretary1 the ,secretary1 by regulation1 may advance 2 7#c7 in subsection 7e71 by striking his periodic review and inserting periodic review by the ,secretary2 and 7#d7 in subsection 7g77#b77;,b77ii71 in the first sentence1 by striking applies such prohibition after he finds1 and publishes his finding1 that and inserting applies the prohibition after publishing a determination by the ,secretary that4 7d7 ,interagency cooperation ,section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 in the first sentence1 by striking administered by him and utilize such and inserting administered by the ,secretary1 and use those2 and 7,b7 in paragraph 7#c71 by striking his project and inserting the project of the applicant2 7#b7 in subsection 7b77#c77;,a71 in the second sentence1 by striking which he and inserting that the ,secretary2 and 7#c7 in subsection 7g7-- 7,a7 in paragraph 7#d71 by striking requirements set forth in paragraph 7#c77;,a7 7i71 7ii7 and 7iii7 he shall1 in consultation with the ,members of the ,committee1 hold and inserting requirements under clauses 7i71 7ii71 and 7iii7 of paragraph 7#c77;,a71 the ,secretary1 in consultation with the ,committee1 shall hold2 and 7,b7 in paragraph 7#g71 by striking such agency to the ,secretary to assist him in carrying out his duties under and inserting the ,federal agency to the ,secretary to assist the ,secretary in carrying out4 7e7 ,international cooperation ,section #h of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecg7 is amended-- 7#a7 in subsection 7a71 in the second sentence1 by striking he deems and inserting the ,president determines to be2 7#b7 in subsection 7b77#c71 by striking as he and inserting as the ,secretary2 7#c7 in subsection 7c77#a71 by striking his department and inserting the ,department of the ,secretary2 and 7#d7 in subsection 7d71 by striking he deems and inserting the ,secretary determines to be4 7f7 ,convention implementation ,section #h;,a7c77#b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecg;a7c77#b77 is amended by striking by him and inserting by the ,secretary4 7g7 ,prohibited acts ,section #i of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aech7 is amended-- 7#a7 in subsection 7d77#b7-- 7,a7 in subparagraph 7,a71 by striking by him each place it appears and inserting by the person2 and 7,b7 in subparagraph 7,b71 by striking his place of business1 an opportunity to examine his inventory and inserting the place of business of the person1 an opportunity to examine the inventory of the person2 and 7#b7 in subsection 7f77#a71 in the third sentence-- 7,a7 by striking as he and inserting as the ,secretary2 and 7,b7 by striking if1 in his discretion1 he deems it and inserting as the ,secretary determines to be4 7h7 ,exceptions ,section #aj of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci7 is amended-- 7#a7 in subsection 7a71 by striking he each place it appears and inserting the ,secretary2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking applies to him and inserting submits to the ,secretary an application2 and 7,b7 in paragraph 7#c7-- 7i7 in the first sentence1 by striking as he deems fit and inserting as the ,secretary determines to be appropriate2 and 7ii7 in the second sentence1 by striking in his discretion2 7#c7 in subsection 7d7-- 7,a7 by striking such endangered species1 and 7#c7 will and inserting the following3 an endangered species2 and 7#c7 will 2 7,b7 by striking faith1 7#b7 if granted and exercised and inserting the following3 faith2 7#b7 if granted and exercised1 2 and 7,c7 by striking and 7b7 of this section only if he finds and publishes his finding in the ,federal ,register that 7#a7 such and inserting the following3 and 7b7 only if the ,secretary publishes in the ,federal ,register a determination by the ,secretary that-- 7#a7 the 2 7#d7 in subsection 7e77#d71 in the first sentence-- 7,a7 by striking the provisions of paragraph 7#a7 of this subsection1 whenever and inserting paragraph 7#a71 in any case in which2 and 7,b7 by striking he may and inserting the ,secretary may2 and 7#e7 in subsection 7f71 by striking he each place it appears and inserting the ,secretary4 7i7 ,penalties and enforcement ,section #aa of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aedj7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 in the eighth sentence1 by striking his action and inserting the action of the ,secretary2 and 7,b7 in paragraph 7#c71 by striking that he and inserting that the defendant2 7#b7 in subsection 7b77#c71 by striking that he and inserting that the defendant2 7#c7 in subsection 7d71 in the third sentence1 by striking his official duties and inserting an official duty2 7#d7 in subsection 7e7-- 7,a7 in paragraph 7#c71 in the second sentence1 by striking ,such persons may make arrests without a warrant for any violation of this ,act if he has reasonable grounds to believe that the person to be arrested is committing the violation in his presence or view and inserting ,an authorized person described in this paragraph may make an arrest without a warrant for any violation of this ,act1 if the authorized person has reasonable grounds to believe that the individual to be arrested is committing the violation in the presence or view of the authorized person2 and 7,b7 in paragraph 7#e71 by striking the ,secretary or by such persons as he may designate and inserting the ,secretary 7or a designee72 and 7#e7 in subsection 7g77#a71 in the matter preceding subparagraph 7,a71 by striking his own behalf and inserting behalf of the person4 7j7 ,exemptions from ,act ,section #ae7;b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aedb7;b77 is amended by striking to assist him and the ,endangered ,species ,committee in carrying out their functions under sections #g 7e71 7g71 and 7h7 and inserting to assist the ,secretary and the ,endangered ,species ,committee in carrying out subsections 7e71 7g71 and 7h7 of section #g4 ,,ii ,enhancing the ,federal-,state conservation partnership #bja4 ,definitions 7a7 ,in general ,section #c of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecb7 is amended-- 7#a7 by striking the section designation and heading and all that follows through purposes of this ,act-- in the matter preceding paragraph 7#a7 and inserting the following3 #c4 ,definitions ,in this ,act3 2 7#b7 by redesignating paragraphs 7#a71 7#b7 through 7#d71 7#e71 7#f7 through 7#i71 7#aj71 7#ab7 through 7#ad71 and 7#ae7 through 7#ba7 as paragraphs 7#b71 7#d7 through 7#f71 7#h71 7#aj7 through 7#ac71 7#ae71 7#ag7 through 7#ai71 and 7#bb7 through 7#bh71 respectively2 7#c7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,affected party ,the term affected party means any unit of ,state1 ,tribal1 or local government the rights of which may be affected by a determination made under section #d7;a7 in an action brought under section #aa7;g77#a77;,c71 including property rights4 2 7#d7 by inserting after paragraph 7#b7 7as so redesignated7 the following3 7#c7 ,appropriately qualified scientist or other qualified person ,the term appropriately qualified scientist or other qualified person-- 7,a7 has the meaning given the term by the ,secretary in the rulemaking under section #bja7;c77#b7 of the ,endangered ,species ,act ,amendments of #bjbj2 and 7,b7 includes a person with1 at a minimum1 expertise regarding a species1 closer relatives of a species1 or the ecosystem on which a species depends4 2 7#e7 by inserting after paragraph 7#f7 7as so redesignated7 the following3 7#g7 ,covered settlement ,the term covered settlement means a consent decree or a settlement agreement in an action brought under section #aa7;g77#a77;,c74 2 7#f7 by inserting after paragraph 7#h7 7as so redesignated7 the following3 7#i7 ,eligible ,state agency ,the term eligible ,state agency-- 7,a7 has the meaning given the term by the ,secretary in the rulemaking under section #bja7;c77#b7 of the ,endangered ,species ,act ,amendments of #bjbj2 and 7,b7 means a ,state agency of an impacted ,state that1 at a minimum1 demonstrates adequate authority and capability to develop and implement recovery plans and implementation plans1 as applicable4 2 7#g7 by inserting after paragraph 7#ac7 7as so redesignated7 the following3 7#ad7 ,impacted ,state ,the term impacted ,state1 with respect to a threatened species or endangered species1 means any ,state in which the threatened species or endangered species1 as applicable1 is believed to occur4 2 7#h7 by inserting after paragraph 7#ae7 7as so redesignated7 the following3 7#af7 ,party with a direct interest in the land in which the relevant species is believed to occur ,the term party with a direct interest in the land in which the relevant species is believed to occur-- 7,a7 has the meaning given the term by the ,secretary in the rulemaking under section #bja7;c77#b7 of the ,endangered ,species ,act ,amendments of #bjbj2 and 7,b7 includes-- 7i7 if a recovery team is established1 each member of the recovery team2 7ii7 if a recovery team is not established1 appropriately qualified scientists and other qualified people who conduct the development of a recovery plan2 and 7iii7 parties who-- 7,i7 own1 lease1 or otherwise hold a legal interest in land in which the relevant species is believed to occur2 7,,ii7 operate agricultural1 energy1 natural resource extraction1 or other productive activities on the land in which the relevant species is believed to occur2 and 7,,iii7 conduct land1 habitat1 and conservation activities on the land in which the relevant species is believed to occur4 2 and 7#i7 by inserting after paragraph 7#ai7 7as so redesignated7 the following3 7#bj7 ,recovery plan ,the term recovery plan means a plan for the conservation and recovery of a threatened species or an endangered species that-- 7,a7 incorporates the best scientific and commercial data available2 and 7,b7 includes a description of the criteria and measures that will be used to monitor implementation4 7#ba7 ,recovery team ,the term recovery team means a team established by the ,secretary under section #d7;f77#e77;,b7 for the purpose of developing1 implementing1 monitoring1 and revising a recovery plan4 4 7b7 ,conforming amendments 7#a7 ,section #d7;b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;b77 is amended-- 7,a7 in paragraph 7#b71 in the first sentence1 by inserting and commercial after scientific2 and 7,b7 in paragraph 7#g71 in the third sentence of the undesignated matter following subparagraph 7,b71 by striking best appropriate data available to him and inserting best scientific and commercial data available4 7#b7 ,section #g7n7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7n77 is amended1 in the first sentence1 by striking 1 as defined by section #c7ac7 of this ,act14 7#c7 ,section #aj7;j77#b77;,b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci7;j77#b77;,b77 is amended by striking best available information and inserting best scientific and commercial data available4 7c7 ,definition regulations 7#a7 ,sense of ,congress ,it is the sense of ,congress that1 for purposes of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47-- 7,a7 any comment submitted to the ,secretary of the ,interior by a ,state 7as defined in section #c of that ,act 7#af ,u4,s4,c4 #aecb77 should be afforded full and fair consideration by the ,secretary2 and 7,b7 consultation with ,states to the maximum extent possible1 as required by that ,act 7as amended by this ,act71 should be subject to a higher standard than the maximum extent practicable consultation standard in effect on the day before the date of enactment of this ,act4 7#b7 ,regulations ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of the ,interior and the ,secretary of ,commerce shall initiate a rulemaking to define1 for purposes of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47-- 7,a7 the term full and fair consideration1 in accordance with the sense of ,congress expressed in paragraph 7#a77;,a72 7,b7 the term maximum extent possible1 with respect to consultation with ,states1 in accordance with the sense of ,congress expressed in paragraph 7#a77;,b72 and 7,c7 the terms appropriately qualified scientist or other qualified person1 eligible ,state agency1 and party with a direct interest in the land in which the relevant species is believed to occur1 in accordance with section #c of that ,act 7#af ,u4,s4,c4 #aecb7 7as amended by subsection 7a774 #bjb4 ,state-,federal consultation relating to conservation and recovery of wildlife 7a7 ,findings1 purposes1 and policy ,section #b of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#e7 and 7#f71 respectively2 and 7,b7 by inserting after paragraph 7#c7 the following3 7#d7 the ,states possess broad police powers and authorities for the conservation and management of fish and wildlife within ,state borders2 2 and 7#b7 in subsection 7c7-- 7,a7 by striking the subsection designation and heading and all that follows through that all ,federal in paragraph 7#a7 and inserting the following3 7c7 ,policy ,it is the policy of ,congress that-- 7#a7 all ,federal 2 7,b7 in paragraph 7#a71 by striking the period at the end and inserting a semicolon2 7,c7 in paragraph 7#b7-- 7i7 by striking the period at the end and inserting 2 and2 and 7ii7 by striking the paragraph designation and all that follows through that ,federal agencies and inserting the following3 7#c7 ,federal agencies 2 7,d7 by inserting before paragraph 7#c7 7as so redesignated7 the following3 7#b7 the ,federal agency authority for conservation and management of fish and wildlife authorized by this ,act should be exercised in conjunction with the existing authorities of the ,states for the conservation and management of fish and wildlife2 2 and 7,e7 by adding at the end the following3 7#d7 ,congress supports conservation actions to preclude the need to list species as threatened species or endangered species under this ,act4 4 7b7 ,action on receipt of petition ,to list ,section #d7;b77#c77;,a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;b77#c77;,a77 is amended-- 7#a7 in the third sentence1 by striking ,the ,secretary and inserting the following3 7iii7 ,publication of findings ,the ,secretary 2 7#b7 in the second sentence1 by striking ,if such a petition is found to present such information and inserting the following3 7ii7 ,review of species status ,if a petition under clause 7i7 is found to present the information described in that clause 2 7#c7 by striking 7#c77;,a7 ,to and inserting the following3 7#c7 ,petitions from interested persons 7,a7 ,action by secretary 7i7 ,in general ,to 2 and 7#d7 by adding at the end the following3 7iv7 ,notification to ,states and ,indian ,tribes 7,i7 ,in general ,if a petition is filed under clause 7i71 the ,secretary shall-- 7aa7 not later than #ae days after the date of receipt of the petition-- 7,,aa7 provide to the ,governor and the ,state agency of each impacted ,state and to each ,indian ,tribe with jurisdiction over land in which the species covered by the petition is believed to occur1 a notification of receipt of the petition and a copy of the petition2 and 7,,bb7 make a copy of the petition publicly available on the internet2 and 7bb7 solicit comments from the ,governor1 ,state agency1 and ,indian ,tribe1 as applicable1 to be submitted to the ,secretary by not later than the date that is #fj days after the date of receipt of the notification1 regarding whether the petitioned action may be warranted4 7,,ii7 ,consideration of ,state and ,tribal comments ,before the date of publication under this subparagraph of a determination that a petitioned action may be warranted1 the ,secretary shall give full and fair consideration to any ,state or ,tribal comments submitted by the deadline described in subclause 7,i77bb74 4 7c7 ,state and ,tribal participation in regulatory process ,section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#e77;,a7-- 7i7 in clause 7i71 by striking 1 and at the end and inserting 2 and2 and 7ii7 in clause 7ii7-- 7,i7 by striking give and inserting provide2 7,,ii7 by striking to the ,state agency in each ,state and inserting the following3 8to1 and invite the comment of-- 7,i7 the ,governor and the ,state agency of each impacted ,state2 7,,ii7 each ,indian ,tribe with jurisdiction over land 2 7,,iii7 in subclause 7,,ii7 7as so designated71 by striking occur1 and to each and inserting the following3 8occur2 and 7,,iii7 each 2 and 7,,iv7 in subclause 7,,iii7 7as so designated71 by striking occur1 and invite and all that follows through the semicolon at the end and inserting occur22 and 7,b7 in paragraph 7#g77;,b71 by striking the ,state agency in each ,state in which such species and inserting the ,governor and ,state agency of each impacted ,state1 and to each ,indian ,tribe with jurisdiction over land in which the species2 and 7#b7 by striking subsection 7i7 and inserting the following3 7i7 ,jurisdiction ,if1 in the case of any regulation proposed by the ,secretary pursuant to this section1 a ,governor1 ,state agency1 or ,indian ,tribe to which a notice of the proposed regulation was provided under subsection 7b77#e77;,a77ii7 or section #f7;a77#b77;,c7 submits to the ,secretary comments disagreeing with all or part of the proposed regulation1 and the ,secretary issues a final regulation that is in conflict with those comments1 or if the ,secretary fails to adopt a regulation pursuant to an action petitioned by a ,governor1 ,state agency1 or ,indian ,tribe under subsection 7b77#c71 the ,secretary shall submit to the ,governor1 ,state agency1 or ,indian ,tribe a written justification for the failure to adopt regulations consistent with the relevant comments or petition4 4 #bjc4 ,recovery of threatened and endangered species 7a7 ,in general ,section #d7;a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;a77 is amended-- 7#a7 by striking the subsection designation and heading and all that follows through ,the ,secretary in paragraph 7#a7 and inserting the following3 7a7 ,determination by ,secretary 7#a7 ,in general ,the ,secretary 2 7#b7 in paragraph 7#a7-- 7,a7 in each of subparagraphs 7,a7 through 7,c71 by striking the semicolon at the end of the subparagraph and inserting a period2 7,b7 in subparagraph 7,a71 by striking 7,a7 the and inserting the following3 7,a7 ,the 2 7,c7 in subparagraph 7,b71 by striking 7,b7 overutilization and inserting the following3 7,b7 ,overutilization 2 7,d7 in subparagraph 7,c71 by striking 7,c7 disease and inserting the following3 7,c7 ,disease 2 7,e7 in subparagraph 7,d7-- 7i7 by striking 7,d7 the and inserting the following3 7,d7 ,the 2 and 7ii7 by striking 2 or at the end and inserting a period2 and 7,f7 in subparagraph 7,e71 by striking 7,e7 other and inserting the following3 7,e7 ,other 2 and 7#c7 by adding at the end the following3 7#d7 ,recovery goals 7,a7 ,in general ,the ,secretary shall initiate a status review to determine whether to delist or downlist1 as applicable1 a threatened species or endangered species in accordance with paragraph 7#e7 if the species achieves the recovery goals described in the recovery plan for the species1 which shall include criteria established by the ,secretary1 in consultation with impacted ,states4 7,b7 ,requirements ,the recovery goals required under subparagraph 7,a7 shall-- 7i7 be based on the best scientific and commercial data available1 including all information taken into consideration in the determination to list an applicable species2 and 7ii7 to the maximum extent practicable1 be expressed using objective and measurable biological criteria4 7,c7 ,modifications 7i7 ,in general ,with the agreement of1 at a minimum1 #c_/d of the representatives of ,state agencies from each impacted ,state participating as members of a recovery team1 the recovery team may propose to the ,secretary a modification of a recovery goal required under this paragraph based on new science1 new technology1 new management practices1 new resources1 or any other development that materially changes the underlying best scientific and commercial data available based on which the goal was established4 7ii7 ,approval by ,secretary ,not later than #ij days after the ,secretary receives a proposed modification under clause 7i71 the ,secretary shall-- 7,i7 approve the proposed modification2 or 7,,ii7 reject the proposed modification4 7iii7 ,explanation ,if the ,secretary rejects a proposed modification under clause 7ii77,,ii71 the ,secretary shall provide a detailed1 comprehensive1 written explanation of the rejection to-- 7,i7 the recovery team for the species1 if applicable2 7,,ii7 each applicable ,state agency of an impacted ,state2 7,,iii7 the ,committees on ,appropriations and ,environment and ,public ,works of the ,senate2 and 7,,iv7 the ,committees on ,appropriations and ,natural ,resources of the ,house of ,representatives4 7iv7 ,no notice and comment required ,section #eec of title #e1 ,united ,states ,code1 shall not apply to a modification approved by the ,secretary under clause 7ii77,i74 7v7 ,modifications not proposed by a recovery team 7,i7 ,modifications by the ,secretary ,subject to subclauses 7,,ii7 and 7,,iii71 if a recovery team for a threatened species or endangered species does not propose a modification under this subparagraph1 the ,secretary may modify a recovery goal based on-- 7aa7 new science2 7bb7 new technology2 7cc7 new management practices2 7dd7 new resources2 or 7ee7 any other development that materially changes the underlying best scientific and commercial data available under which the recovery goal was established4 7,,ii7 ,explanation ,before making a modification under subclause 7,i71 the ,secretary shall provide a detailed1 comprehensive1 written explanation of the proposal to-- 7aa7 the recovery team for the species2 7bb7 each applicable ,state agency of an impacted ,state2 7cc7 the ,committees on ,appropriations and ,environment and ,public ,works of the ,senate2 and 7dd7 the ,committees on ,appropriations and ,natural ,resources of the ,house of ,representatives4 7,,iii7 ,timing ,the ,secretary may not make a modification under subclause 7,i7 less than #cj days after the date on which the ,secretary provides the explanation under subclause 7,,ii74 7,,iv7 ,no recovery team ,if there is no recovery team established for a threatened species or endangered species1 the ,secretary may modify a recovery goal based on any of the factors described in items 7aa7 through 7ee7 of subclause 7,i74 7,d7 ,effect ,nothing in this paragraph requires a recovery goal to be achieved in order for the ,secretary to delist or downlist a threatened species or endangered species under this section4 4 7b7 ,recovery and implementation ,section #d7;f7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;f77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,b71 by redesignating clauses 7i7 through 7iii7 as subclauses 7,i7 through 7,,iii71 respectively1 and indenting the subclauses appropriately2 7,b7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and indenting the clauses appropriately2 7,c7 in the matter preceding clause 7i7 7as so redesignated71 in the second sentence1 by striking in developing and implementing and inserting in ensuring the development of2 and 7,d7 by adding at the end the following3 7,b7 ,participants ,the ,secretary shall ensure that the development of a recovery plan-- 7i7 is conducted by appropriately qualified scientists and other qualified people1 including representatives of-- 7,i7 the ,united ,states ,fish and ,wildlife ,service or the ,national ,marine ,fisheries ,service1 as applicable2 7,,ii7 other relevant ,federal land and wildlife management agencies2 7,,iii7 the ,state agency from each impacted ,state2 7,,iv7 other relevant ,state and local land1 natural resources1 water1 and wildlife management agencies from each impacted ,state2 and 7,v7 relevant ,indian ,tribes1 or ,tribal land1 natural resources1 water1 and wildlife management agencies1 that have management authority over land in which the relevant species is believed to occur2 and 7ii7 may be informed by feedback from parties with a direct interest in the land in which the relevant species is believed to occur1 including1 as applicable1 those parties described in paragraph 7#b77;,c71 specifically with regard to any practical consideration affecting the implementation of a recovery plan4 2 7#b7 by striking the subsection designation and heading and all that follows through recovery plans7 and inserting the following3 7f7 ,recovery and implementation 7#a7 ,recovery plans 7,a7 ,in general ,the ,secretary shall ensure the development of recovery plans 2 7#c7 in paragraph 7#b7-- 7,a7 in the first sentence1 by striking in developing and implementing and inserting in ensuring the development of2 and 7,b7 by striking the second sentence2 7#d7 in paragraph 7#c71 by striking ,committee on ,merchant ,marine and ,fisheries and inserting ,committee on ,natural ,resources2 7#e7 in paragraph 7#e71 by striking paragraph 7#d7 and inserting subparagraph 7,e72 7#f7 by redesignating paragraphs 7#b7 through 7#e7 as subparagraphs 7,c7 through 7,f71 respectively1 and indenting the subparagraphs appropriately2 and 7#g7 by adding at the end the following3 7#b7 ,implementation plans 7,a7 ,in general ,the ,secretary shall ensure the development of implementation plans for the purpose of implementing recovery plans established under paragraph 7#a7 for the conservation and survival of endangered species and threatened species listed pursuant to this section1 unless the ,secretary finds that such an implementation plan will not promote the conservation of the species4 7,b7 ,requirements ,the ,secretary1 in ensuring the development of an implementation plan1 shall1 to the maximum extent practicable-- 7i7 give priority to the endangered species or threatened species1 without regard to taxonomic classification1 that are most likely to benefit from the implementation plan1 particularly species that are1 or may be1 in conflict with construction or other development projects or other forms of economic activity2 7ii7 incorporate into the implementation plan-- 7,i7 a description of such site-specific management actions as may be necessary to achieve the goal of the implementation plan for the conservation and survival of the species2 7,,ii7 a description of such research1 captive propagation1 or experimental actions as may be necessary to achieve the goal of the implementation plan for the conservation and survival of the species2 7,,iii7 a description of such habitat protection or conservation actions as may be necessary to achieve the goal of the implementation plan for the conservation and survival of the species2 and 7,,iv7 a description of any other actions as may be necessary to achieve the goal of the implementation plan for the conservation and survival of the species2 and 7iii7 provide estimates of the time required and the cost to carry out the measures needed to achieve the goal of the implementation plan and to achieve intermediate steps towards that goal4 7,c7 ,participants ,the ,secretary shall ensure that the development of an implementation plan is conducted by parties with a direct interest in the land in which the relevant species is believed to occur1 including-- 7i7 appropriately qualified scientists and other qualified people who conduct the development of a recovery plan under paragraph 7#a72 and 7ii7 as applicable1 representatives of-- 7,i7 private and public landowners2 7,,ii7 agricultural production2 7,,iii7 energy production2 7,,iv7 natural resource commodity groups and user industries2 7,v7 homebuilders2 7,,vi7 water resources groups2 7,,vii7 outdoor recreation groups2 7,,viii7 environmental groups2 and 7,,ix7 land1 habitat1 and wildlife conservation groups4 7,d7 ,modifications ,the eligible ,state agency that is designated by the ,secretary as the leader of the development of an implementation plan shall amend or modify the implementation plan as frequently as appropriate to reflect changes in species conservation status1 conservation opportunities1 new research1 and changes to the best scientific and commercial data available regarding conservation strategies4 7,e7 ,no notice and comment required ,section #eec of title #e1 ,united ,states ,code1 shall not apply to the development1 amendment1 or modification of an implementation plan4 7#c7 ,implementation ,the ,secretary shall ensure the timely implementation of1 as applicable1 a recovery plan established under paragraph 7#a7 or an implementation plan established under paragraph 7#b74 7#d7 ,state leadership 7,a7 ,in general ,in carrying out this subsection-- 7i7 in accordance with subparagraphs 7,b7 and 7,c71 the ,secretary shall provide to each impacted ,state the opportunity-- 7,i7 to lead recovery planning1 implementation planning1 and implementation under paragraphs 7#a71 7#b71 and 7#c71 respectively2 7,,ii7 to expedite threatened species or endangered species recovery by supporting ,state-level initiatives and partnerships2 and 7,,iii7 to increase flexibility and feasibility for the applicability of recovery plans under paragraph 7#a7 and implementation plans under paragraph 7#b72 and 7ii7 the ,secretary shall-- 7,i7 consult1 to the maximum extent possible1 with impacted ,states1 including ,governors1 ,state agencies1 and local land1 natural resources1 water1 and wildlife management agencies of impacted ,states2 and 7,,ii7 give full and fair consideration to any comments or recommendations received from an impacted ,state4 7,b7 ,no recovery team or implementation team established 7i7 ,in general ,the ,secretary1 in consultation with the ,states1 shall promulgate regulations governing a process by which1 in a case in which a recovery team or implementation team is not established for a threatened species or endangered species under paragraph 7#e7 or 7#f71 respectively1 the ,secretary shall provide to an eligible ,state agency of an impacted ,state the opportunity-- 7,i7 to develop a recovery plan under paragraph 7#a7 or an implementation plan under paragraph 7#b71 as applicable2 and 7,,ii7 to implement that recovery plan or implementation plan1 as applicable4 7ii7 ,requirements ,the regulations promulgated under clause 7i7 shall include guidelines1 criteria1 and a process that-- 7,i7 the ,secretary shall follow when determining that-- 7aa7 a ,state agency shall be authorized as an eligible ,state agency2 7bb7 an eligible ,state agency shall be designated as the leader of the development of a recovery plan or implementation plan1 as applicable1 including in cases in which #b or more eligible ,state agencies request to serve as the leader2 7cc7 an eligible ,state agency shall be designated as the leader of the implementation of a recovery plan or implementation plan1 as applicable1 including in cases in which #b or more eligible ,state agencies request to serve as the leader2 and 7dd7 the authorization of a ,state agency as an eligible ,state agency shall be withdrawn2 7,,ii7 an eligible ,state agency that is designated as the leader of-- 7aa7 the development of a recovery plan shall follow in order to cooperate with each impacted ,state and participant described in paragraph 7#a77;,b72 7bb7 the development of an implementation plan shall follow in order to cooperate with each impacted ,state and participant described in paragraph 7#b77;,c72 or 7cc7 the implementation of a recovery plan or implementation plan1 as applicable1 shall follow in order to cooperate with each impacted ,state and participant described in paragraph 7#a77;,b7 or 7#b77;,c71 as applicable2 7,,iii7 the ,secretary or a designee of the ,secretary1 in consultation with each impacted ,state1 shall follow when serving as the leader of the development of a recovery plan or implementation plan1 as applicable1 in any case in which-- 7aa7 no eligible ,state agency requests to serve as the leader2 or 7bb7 no eligible ,state agency is designated by the ,secretary as the leader2 and 7,,iv7 the ,secretary or a designee of the ,secretary1 in consultation with each impacted ,state1 shall follow when serving as the leader of the implementation of a recovery plan or implementation plan1 as applicable1 in any case in which-- 7aa7 no eligible ,state agency requests to serve as the leader2 or 7bb7 no eligible ,state agency is designated by the ,secretary as the leader4 7,c7 ,recovery team or implementation team established 7i7 ,in general ,in a case in which a recovery team or implementation team is established for a threatened species or endangered species under paragraph 7#e7 or 7#f71 as applicable1 the ,secretary shall provide to each impacted ,state the opportunity to lead the recovery team or implementation team1 as applicable4 7ii7 ,responsibilities ,an impacted ,state that leads a recovery team or implementation team under clause 7i7 shall be responsible for-- 7,i7 developing a recovery plan or implementation plan1 as applicable2 and 7,,ii7 implementing a recovery plan or implementation plan1 as applicable4 7#e7 ,recovery teams 7,a7 ,in general ,if a species is included on the list of threatened species or endangered species under this section1 an impacted ,state may request the establishment of a recovery team with respect to the applicable threatened species or endangered species and shall submit that request to the ,secretary4 7,b7 ,establishment ,not later than the deadline for the establishment of a recovery team in the schedule promulgated under paragraph 7#h77;,a77i71 the ,secretary shall establish a science-based recovery team for the species1 if-- 7i7 an impacted ,state1 acting alone or in conjunction with another impacted ,state1 submits to the ,secretary a request to establish the recovery team2 or 7ii7 in the case of such a species with respect to which more than #a impacted ,state exists1 the ,secretary determines that establishing a recovery team would promote the conservation and recovery of the species4 7,c7 ,membership 7i7 ,in general ,the members of a recovery team-- 7,i7 shall be appointed by the ,secretary2 7,,ii7 shall be composed solely of appropriately qualified scientists and other qualified people2 and 7,,iii7 shall include representatives of-- 7aa7 the ,united ,states ,fish and ,wildlife ,service or the ,national ,marine ,fisheries ,service1 as applicable2 7bb7 other relevant ,federal land and wildlife management agencies2 7cc7 the ,state agency from each impacted ,state1 unless the impacted ,state elects not to participate in the recovery team2 7dd7 other relevant ,state and local land1 natural resources1 water1 and wildlife management agencies from each impacted ,state1 nominated by the ,governor of the impacted ,state1 unless the impacted ,state elects not to participate in the recovery team2 and 7ee7 relevant ,indian ,tribes1 or ,tribal land1 natural resources1 and wildlife management agencies1 that have management authority over land in which the relevant species is believed to occur1 unless the ,indian ,tribe elects not to participate in the recovery team4 7ii7 ,composition 7,i7 ,in general ,the ,secretary1 in consultation with the ,states1 shall promulgate regulations governing the composition of a recovery team1 including-- 7aa7 criteria that the ,secretary shall follow when determining the number of members of a recovery team1 including the number of representatives of each of the ,federal ,government1 participating ,state governments1 and other appropriately qualified scientists and other qualified people1 which shall be reasonably balanced2 7bb7 a process by which the ,secretary shall fill a vacancy on the recovery team2 and 7cc7 a quorum requirement that a recovery team shall meet in order to conduct business that requires1 at a minimum1 the presence of #a_/c of the representatives of the ,state agencies from participating impacted ,states4 7iii7 ,leadership ,the ,secretary1 in consultation with the ,states1 shall promulgate regulations governing the leadership of a recovery team1 including-- 7,i7 a process by which the ,secretary shall provide to each impacted ,state the opportunity to lead a recovery team2 and 7,,ii7 a process by which the ,secretary or a designee of the ,secretary1 in consultation with each impacted ,state1 shall lead a recovery team if-- 7aa7 no impacted ,state submits a request to lead a recovery team2 or 7bb7 no impacted ,state is otherwise designated by the ,secretary to lead a recovery team4 7,d7 ,duties ,a recovery team shall-- 7i7 lead the development of a recovery plan2 7ii7 not later than the deadline for issuing a final recovery plan in the schedule promulgated under paragraph 7#h77;,a77ii71 issue a final recovery plan2 7iii7 if an implementation team is not established to implement the final recovery plan1 implement the final recovery plan2 7iv7 if an implementation team is established to implement the final recovery plan1 lead the implementation team1 including in the implementation of the final recovery plan2 7v7 propose modifications to the recovery plan in accordance with subsection 7a77#d77;,c77i71 including associated recovery goals2 and 7vi7 recommend delisting or downlisting 7as those terms are defined in subsection 7a77#e77;,a77 once the established recovery plan criteria for the species have been satisfied1 in accordance with subsection 7a77#e77;,b77ii77,,ii71 or uplisting 7as that term is defined in subsection 7a77#e77;,a771 as applicable4 7,e7 ,administration ,a recovery team shall be conducted in accordance with paragraph 7#g74 7#f7 ,implementation teams 7,a7 ,in general ,if a species is included on the list of threatened species or endangered species under this section and the ,secretary establishes a recovery team under paragraph 7#e71 an impacted ,state may request the establishment of an implementation team with respect to the applicable threatened species or endangered species and shall submit that request to the ,secretary4 7,b7 ,establishment ,at the same time the ,secretary establishes a recovery team under paragraph 7#e71 the ,secretary shall establish an implementation team for the species1 if-- 7i7 an impacted ,state1 acting alone or in conjunction with another impacted ,state1 submits to the ,secretary a request to establish an implementation team2 or 7ii7 in the case of such a species with respect to which more than #a impacted ,state exists1 the ,secretary determines that establishing an implementation team would promote the conservation and recovery of the species4 7,c7 ,membership 7i7 ,in general ,the members of an implementation team-- 7,i7 shall be appointed by the ,secretary2 7,,ii7 shall be composed solely of parties with a direct interest in the land in which the species is believed to occur2 7,,iii7 shall include each member of a recovery team established under paragraph 7#e72 and 7,,iv7 shall include1 as applicable1 representatives of-- 7aa7 private and public landowners2 7bb7 agricultural production2 7cc7 energy production2 7dd7 natural resource commodity groups and user industries2 7ee7 homebuilders2 7ff7 water resources groups2 7gg7 outdoor recreation groups2 7hh7 environmental groups2 and 7ii7 land1 habitat1 and wildlife conservation groups4 7,d7 ,composition ,the ,secretary1 in consultation with the ,states1 shall promulgate regulations governing the composition of an implementation team1 including-- 7i7 criteria that the ,secretary shall follow when determining the number of members of an implementation team1 including the number of representatives of each of the landowners1 regulated industries1 environmental groups1 wildlife conservation groups1 and other parties with a direct interest in the land in which the species is believed to occur1 which shall be reasonably balanced2 7ii7 a process by which the ,secretary shall fill a vacancy on the implementation team2 and 7iii7 a quorum requirement that a recovery team shall meet in order to conduct business that requires1 at a minimum1 the presence of #a_/c of each of the representatives of-- 7,i7 the ,state agencies from participating impacted ,states2 and 7,,ii7 the parties with a direct interest in the land in which the species is believed to occur who are not members of a recovery team under paragraph 7#e74 7,e7 ,leadership ,the leader of an implementation team shall be the leader of the applicable recovery team1 as designated under paragraph 7#e77;,c77iii74 7,f7 ,duties ,an implementation team shall-- 7i7 provide feedback solicited by the recovery team established under paragraph 7#e7 in order to aid the recovery team in fulfilling the duties of the recovery team1 including developing and implementing a recovery plan and associated recovery goals1 specifically with regard to any practical considerations affecting the implementation of a recovery plan2 7ii7 lead the development of an implementation plan2 7iii7 at the same time that a recovery team issues a final recovery plan1 issue a final implementation plan2 7iv7 amend or modify the implementation plan in accordance with paragraph 7#b77;,d72 and 7v7 lead the implementation of the implementation plan1 including the implementation of the final recovery plan4 7,g7 ,administration ,an implementation team shall be conducted in accordance with paragraph 7#g74 7#g7 ,administration of recovery teams and implementation teams 7,a7 ,remote participation ,any member of a recovery team or an implementation team may participate in a meeting of the recovery team or implementation team1 as applicable1 through the use of-- 7i7 teleconferencing2 or 7ii7 any other remote business telecommunications method that allows each participating member to simultaneously hear each other participating member during the meeting4 7,b7 ,effect of election not to participate 7i7 ,permissible activities ,an impacted ,state1 or an ,indian ,tribe or a ,tribal agency1 that elects not to participate in a recovery team or implementation team may provide to the recovery team or implementation team1 as applicable1 data1 written comments1 and other information to aid the recovery team or implementation team1 as applicable1 in carrying out the duties of the recovery team or implementation team1 as applicable4 7ii7 ,prohibited activities ,except as provided in clause 7i71 if an impacted ,state1 or an ,indian ,tribe or a ,tribal agency1 elects not to participate in a recovery team or implementation team1 the impacted ,state1 ,indian ,tribe1 or ,tribal agency1 as applicable1 may not participate in the activities of the recovery team or implementation team1 as applicable1 in carrying out the duties of the recovery team or implementation team1 as applicable1 including for purposes of establishing a quorum or voting4 7,c7 ,savings clause 7i7 ,impacted ,states ,the participation on or leadership of a recovery team or implementation team by an impacted ,state does not infringe on or otherwise limit the authority of the impacted ,state within the borders of that impacted ,state4 7ii7 ,indian ,tribes ,the participation on a recovery team or implementation team by an ,indian ,tribe or ,tribal agency does not infringe on or otherwise limit the authority of the ,indian ,tribe or ,tribal agency1 as applicable1 within the land over which the ,indian ,tribe or ,tribal agency1 as applicable1 has management authority4 7,d7 ,administrative cost reduction ,a recovery team or implementation team1 as applicable1 shall1 to the maximum extent practicable1 minimize the administrative costs of the recovery team or implementation team1 as applicable1 including by encouraging the use of remotely participating in meetings of the recovery team or implementation team1 as applicable1 as described in subparagraph 7,a7 to reduce travel costs4 7,e7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to a recovery team or an implementation team4 7#h7 ,schedule 7,a7 ,in general ,as part of a rulemaking to list a species as a threatened species or an endangered species under this section1 the ,secretary1 in consultation with the ,states1 shall promulgate a schedule that contains-- 7i7 a date by which a recovery team or implementation team1 as applicable1 for the species shall be established under paragraph 7#e7 or 7#f71 as applicable1 which shall be not later than #b years after the date on which the final rule listing the species as threatened or endangered is published in the ,federal ,register2 and 7ii7 a date by which a recovery plan or implementation plan1 as applicable1 for the species shall be established under paragraph 7#a7 or 7#b71 as applicable1 which shall be not later than #e years after the date on which the final rule listing the species as threatened or endangered is published in the ,federal ,register4 7,b7 ,timeliness ,a schedule under subparagraph 7,a7 shall ensure the establishment of a recovery team1 implementation team1 recovery plan1 or implementation plan1 as applicable1 as expeditiously as possible4 7,c7 ,extension of the schedule ,the ,secretary may extend a date contained in a schedule under subparagraph 7,a7 by not more than #cj months1 in which case the ,secretary shall publish a written explanation for the extension in the ,federal ,register4 4 #bjd4 ,delisting1 downlisting1 and uplisting 7a7 ,in general ,section #d7;a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;a77 7as amended by section #bjc7;a77#c77 is amended by adding at the end the following3 7#e7 ,delisting1 downlisting1 and uplisting 7,a7 ,definitions ,in this paragraph3 7i7 ,delist ,the term delist means to remove a species from the list of threatened species or endangered species1 as applicable1 under this subsection4 7ii7 ,downlist ,the term downlist means to move a species included on the list of endangered species under this subsection to the list of threatened species under this subsection4 7iii7 ,uplist ,the term uplist means to move a species included on the list of threatened species under this subsection to the list of endangered species under this subsection4 7,b7 ,determination by secretary 7i7 ,status review ,the ,secretary shall conduct a review of the status of a threatened species or endangered species in accordance with this subparagraph and paragraph 7#d77;,a7 for purposes of delisting1 downlisting1 or uplisting the species1 as applicable4 7ii7 ,initiation 7,i7 ,in general ,the ,secretary shall initiate a status review under clause 7i7 or paragraph 7#d77;,a71 as applicable1 by not later than #cj days after the earlier of-- 7aa7 the date on which the ,secretary determines that the applicable recovery goals required under paragraph 7#d77;,a7 are achieved with respect to the species2 7bb7 the date on which the ,secretary receives from the recovery team for the species a report that-- 7,,aa7 describes the means by which the recovery goals required under paragraph 7#d77;,a7 have been achieved with respect to the species2 and 7,,bb7 recommends the delisting or downlisting of the species1 as applicable2 and 7cc7 the date on which the ,secretary receives from the recovery team for the species a report that recommends the uplisting of the species4 7,,ii7 ,petitions to delist1 downlist1 or uplist and acting on initiative of the ,secretary 7aa7 ,in general 7,,aa7 ,petition ,nothing in this subsection affects the ability of an interested person to submit to the ,secretary a petition to delist1 downlist1 or uplist a threatened species or an endangered species in accordance with this subsection and subsection 7b74 7,,bb7 ,secretary's initiative ,the ,secretary may1 on the initiative of the ,secretary and in addition to the required status review under subclause 7,i71 delist1 downlist1 or uplist a threatened species or endangered species in accordance with this subsection and subsection 7b74 7bb7 ,criteria to be used ,if the ,secretary initiates a review to delist or downlist a threatened species or endangered species under item 7aa71 the determination of the ,secretary shall be based on the factors identified in paragraph 7#a71 irrespective of whether the recovery goals described in paragraph 7#d77;,a7 have been achieved4 7iii7 ,determination ,not later than #ij days after the date on which a status review is initiated pursuant to clause 7i71 the ,secretary shall determine whether to delist1 downlist1 or uplist1 as applicable1 the species that is the subject of the status review4 7iv7 ,action on determination 7,i7 ,positive determination ,on determining to delist1 downlist1 or uplist a species under clause 7iii71 the ,secretary shall publish in the ,federal ,register1 by not later than #a year after the date of the determination1 a final regulation to delist1 downlist1 or uplist the species that is the subject of the determination4 7,,ii7 ,negative determination ,on determining not to delist1 downlist1 or uplist a species under clause 7iii71 the ,secretary shall publish in the ,federal ,register1 by not later than #ij days after the date of the determination1 a detailed1 comprehensive written explanation of the determination4 7v7 ,monitoring requirements ,if the ,secretary delists a threatened species or an endangered species as described in this subparagraph1 the monitoring period described in subsection 7g7 shall begin on the date on which a final regulation to delist the species is published in the ,federal ,register4 7,c7 ,judicial review ,until the expiration of the applicable monitoring period under subsection 7g71 in accordance with clause 7ii77,,ii7 or 7iv77,i7 of subparagraph 7,b7-- 7i7 a determination of the ,secretary to delist a species under subparagraph 7,b7 shall not be considered to be a final agency action for purposes of chapter #g of title #e1 ,united ,states ,code2 and 7ii7 no judicial review of the determination may commence4 4 7b7 ,conforming amendment ,section #aj7;f77#e7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci7;f77#e77 is amended1 in the undesignated matter following subparagraph 7,b71 by striking the second sentence4 #bje4 ,cooperation with ,states and ,indian ,tribes ,section #f of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aece7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the second sentence1 by striking ,such cooperation shall include consultation with the ,states concerned and inserting the following3 7#b7 ,inclusions ,the consultation required under this subsection shall-- 7,a7 be based on the best scientific and commercial data available2 7,b7 include consultation with each impacted ,state 2 and 7,b7 by striking the subsection designation and heading and all that follows through the first sentence and inserting the following3 7a7 ,requirement 7#a7 ,in general ,in carrying out this ,act1 the ,secretary shall-- 7,a7 consult to the maximum extent possible with the ,states2 and 7,b7 acknowledge and respect the primary authority of ,state agencies to manage fish and wildlife within ,state borders1 except as otherwise provided in this ,act with respect to an exercise by the ,secretary of specific authority to manage a threatened species or an endangered species4 2 7#b7 in subsection 7b71 in the first sentence1 by striking may and inserting shall offer to2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#b71 by striking 7#b7 ,in furtherance of the purposes of this ,act1 the ,secretary is authorized and inserting the following3 7#c7 ,plants ,in furtherance of the purposes of this ,act1 the ,secretary shall offer 2 7,b7 in paragraph 7#c7 7as so redesignated7-- 7i7 in subparagraph 7,d71 by indenting clauses 7i7 and 7ii7 appropriately2 and 7ii7 by indenting subparagraphs 7,a7 through 7,d7 appropriately2 7,c7 by striking the subsection designation and heading and all that follows through authorized in the first sentence of paragraph 7#a7 and inserting the following3 7c7 ,cooperative agreements 7#a7 ,definition of ,state ,in this subsection1 the term ,state includes-- 7,a7 an ,indian tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd772 and 7,b7 a ,native ,corporation 7as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb774 7#b7 ,authorization ,in furtherance of the purposes of this ,act1 the ,secretary shall offer 2 and 7,d7 in paragraph 7#b7 7as so redesignated7-- 7i7 in subparagraph 7,e71 by indenting clauses 7i7 and 7ii7 appropriately2 and 7ii7 by indenting subparagraphs 7,a7 through 7,e7 appropriately2 7#d7 in subsection 7h71 by striking relating to financial assistance and inserting the following3 relating to-- 7#a7 fulfilling the obligation of the ,secretary to carry out this ,act in consultation with the ,states2 and 7#b7 the provision of financial assistance 2 and 7#e7 in subsection 7i77#a71 by striking the ,sport ,fishing ,restoration ,account established under #ajaf of the ,act of ,july #ah1 #aihd and inserting the ,sport ,fish ,restoration and ,boating ,trust ,fund established by section #iejd7;a7 of the ,internal ,revenue ,code of #aihf4 #bjf4 ,state consultation regarding experimental populations ,section #aj7;j7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci7;j77 is amended-- 7#a7 in paragraph 7#a71 by striking 7#a7 ,for purposes of and inserting the following3 7#a7 ,definition of experimental population ,in 2 and 7#b7 in paragraph 7#b7-- 7,a7 by striking 7#b77;,a7 ,the ,secretary and inserting the following3 7#b7 ,authorization of releases 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 the ,secretary 2 7,b7 in subparagraph 7,c7-- 7i7 by striking subparagraph 7,b7 each place it appears and inserting subparagraph 7,c72 7ii7 by indenting clauses 7i7 and 7ii7 appropriately2 and 7iii7 by striking 7,c7 ,for the purposes and inserting the following3 7,d7 ,treatment as threatened species ,for the purposes 2 and 7,c7 in subparagraph 7,b7 7as amended by section #bja7;b77#c771 by striking 7,b7 ,before and inserting the following3 7,b7 ,requirements 7i7 ,in general ,the ,secretary shall in good faith negotiate with the ,state agency of each impacted ,state in which an experimental population is authorized to be released under this paragraph an agreement with respect to the management authority of the experimental population1 including-- 7,i7 the boundaries of the area in which the experimental population is authorized to be released2 7,,ii7 the ideal population size of the experimental population2 7,,iii7 the processes related to supplemental introductions of the experimental population2 7,,iv7 circumstances in which takings of the experimental population are authorized2 7,v7 the role of the experimental population with respect to the continued existence of an endangered species or threatened species2 7,,vi7 the conditions under which the ,secretary would authorize the removal of an experimental population from the impacted ,state2 7,,vii7 controls to mitigate against losses generated by the experimental population1 such as the relocation1 translocation1 removal1 or taking of a member of the experimental population that depredates on livestock2 and 7,,viii7 ,federal compensation for losses generated by the experimental population1 such as when a member of the experimental population depredates on livestock4 7ii7 ,management plan 7,i7 ,in general ,if the ,secretary cannot1 after good faith negotiations1 reach an agreement under clause 7i7 with a ,state agency1 the ,secretary shall develop a plan with respect to the management authority of the experimental population that addresses each requirement described in subclauses 7,i7 through 7,,viii7 of that clause4 7,,ii7 ,requirement ,in developing a plan under subclause 7,i71 the ,secretary shall-- 7aa7 solicit input with respect to the plan from each impacted ,state and the ,state agency of each impacted ,state2 and 7bb7 give full and fair consideration to any input with respect to the plan from each impacted ,state and the ,state agency of each impacted ,state4 7iii7 ,agreement or plan for each impacted ,state ,for each release of an experimental population authorized under this paragraph1 the ,secretary shall1 for each impacted ,state in which the experimental population is authorized to be released1 have a separate-- 7,i7 agreement under clause 7i72 or 7,,ii7 management plan under clause 7ii77,i74 7,c7 ,identification and determination ,before 4 #bjg4 ,state participation in settlements ,section #aa7;g77#b77;,c7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aedj7;g77#b77;,c77 is amended-- 7#a7 by striking 7,c7 ,no action may be commenced under subparagraph 7#a77;,c7 of this section prior to sixty and inserting the following3 7,c7 ,settlement actions 7i7 ,timing 7,i7 ,in general ,except as provided in subclause 7,,ii71 no action may be commenced under paragraph 7#a77;,c7 before the date that is #fj 2 7#b7 by striking ,secretary2 except that such action may be brought and inserting the following3 ,secretary4 7,,ii7 ,exception for emergencies ,notwithstanding subclause 7,i71 an action may be commenced under paragraph 7#a77;,c7 2 and 7#c7 by adding at the end the following3 7ii7 ,participation by ,states 7,i7 ,in general ,in preparing or entering into a settlement 7including a covered settlement7 or other agreement relating to an action under paragraph 7#a77;,c71 the ,secretary shall provide notice to1 consult with1 and otherwise take appropriate actions to include1 each impacted ,state4 7,,ii7 ,effect of clause ,nothing in this clause limits the ability of any other party to participate in a settlement described in subclause 7,i74 4 ,,iii ,encouraging conservation activities through regulatory certainty #cja4 ,sense of ,congress regarding conservation agreements and activities ,it is the sense of ,congress that-- 7#a7 voluntary conservation agreements benefit species and the habitats on which the species rely2 7#b7 ,states1 ,indian ,tribes1 units of local government1 landowners1 and other stakeholders should be encouraged to participate in voluntary conservation agreements2 and 7#c7 the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service1 and the ,secretary of ,commerce1 acting through the ,assistant ,administrator of the ,national ,marine ,fisheries ,service1 should consider the enrollment in1 and performance of1 conservation agreements and investment in1 and implementation of1 general conservation activities by ,states1 ,indian ,tribes1 units of local government1 landowners1 and other stakeholders in making determinations under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 #cjb4 ,conservation agreements as factors in listing decisions ,section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in the third sentence1 by striking ,the ,secretary and inserting the following3 7,c7 ,revision ,the ,secretary 2 7ii7 in the second sentence1 by striking ,each list and inserting the following3 7,b7 ,contents ,each list 2 and 7iii7 in the first sentence1 by striking 7#a7 ,the ,secretary and inserting the following3 7#a7 ,requirements 7,a7 ,publication ,the ,secretary 2 and 7,b7 in paragraph 7#b7-- 7i7 by striking 7#b7 ,the ,secretary and inserting the following3 7#b7 ,review ,the ,secretary 2 7ii7 in subparagraph 7,b71 in the matter preceding clause 7i71 by inserting in accordance with subsections 7a7 and 7b71 before determine2 and 7iii7 by striking the undesignated matter following subparagraph 7,b72 7#b7 in subsection 7f7 7as amended by section #bjc7;b77#g771 by adding at the end the following3 7#i7 ,treatment 7,a7 ,in general ,a conservation agreement 7including any agreement described in subparagraph 7,b77 entered into or endorsed by the ,secretary shall be considered under any of the factors under subsection 7a77#a7 for purposes of determining whether to include or maintain a species on the list of threatened species or endangered species pursuant to this section4 7,b7 ,description of agreements ,an agreement referred to in subparagraph 7,a7 includes-- 7i7 a wildlife conservation agreement2 7ii7 a candidate conservation agreement with assurances2 7iii7 a candidate conservation agreement2 7iv7 a safe harbor agreement2 7v7 a habitat conservation plan under section #aj7;a77#b77;,a72 7vi7 an interagency agreement approved by the ,secretary2 and 7vii7 a plan that-- 7,i7 relates to the conservation of a species2 7,,ii7 affects the viability of the species2 and 7,,iii7 is implemented1 or proposed to be implemented1 by-- 7aa7 a ,state2 7bb7 #b or more ,states2 7cc7 a unit of local government2 or 7dd7 #b or more units of local government4 2 and 7#c7 in subsection 7g77#b71 by striking paragraph #g of subsection 7b7 of this section and inserting subsection 7b77#g74 #cjc4 ,conservation efforts as regulatory mechanisms ,section #d7;f7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;f77 7as amended by section #cjb7b77 is amended by adding at the end the following3 7#aj7 ,conservation efforts 7,a7 ,in general ,not later than #ahj days after the date of enactment of the ,endangered ,species ,act ,amendments of #bjbj1 the ,secretary shall establish a framework for the consideration of conservation efforts by ,states1 ,indian ,tribes1 local governments1 private landowners1 lessees1 or third-party organizations as regulatory mechanisms under subsection 7a77#a74 7,b7 ,evaluation2 treatment ,in carrying out this section1 the ,secretary shall-- 7i7 evaluate conservation efforts using the framework established under subparagraph 7,a72 and 7ii7 if the ,secretary determines that a conservation effort meets the applicable criteria under that framework1 consider the conservation effort to be a regulatory mechanism under subsection 7a77#a74 4 #cjd4 ,candidate conservation agreements with assurances 7a7 ,in general ,section #d7;f7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;f77 7as amended by section #cjc7 is amended by adding at the end the following3 7#aa7 ,candidate conservation agreements with assurances ,notwithstanding any other provision of law 7including regulations71 in entering into1 or carrying out1 any candidate conservation agreement with assurances under this ,act1 the ,secretary-- 7,a7 shall adhere to the terms of each candidate conservation agreement with assurances entered into before ,march #ba1 #bjag2 7,b7 shall promulgate regulations or establish policies-- 7i7 to expedite the process for entering into those agreements2 and 7ii7 to protect sensitive personal and business-related information of each party to the agreement2 7,c7 shall take into consideration whether the implementation of the agreement is reasonably expected to contribute to a net conservation benefit for a species covered by the agreement2 and 7,d7 shall not preclude a party to the agreement from enrolling applicable land1 or otherwise participating1 in any other ,federal conservation program4 4 7b7 ,effect on regulations ,the ,secretary of the ,interior shall amend part #ag of title #ej1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 to ensure that part is in accordance with paragraph 7#aa77;,c7 of section #d7;f7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;f774 #cje4 ,safe harbor agreements ,section #d7;f7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;f77 7as amended by section #cjd7;a77 is amended by adding at the end the following3 7#ab7 ,safe harbor agreements ,the ,secretary may enter into an agreement1 to be known as a safe harbor agreement1 with #a or more entities1 including a ,state or local government1 a private landowner1 a lessee1 or a third-party organization1 that-- 7,a7 shall provide for the taking of any threatened species or endangered species consistent with the announcement of final policy entitled ,announcement of ,final ,safe ,harbor ,policy 7#fd ,fed4 ,reg4 #cbgag 7,june #ag1 #aiii772 and 7,b7 may provide for the taking of any threatened species or endangered species that occupies an adjacent property due to the improved conditions on the property enrolled under the agreement4 4 #cjf4 ,conservation agreement templates ,section #f7;c7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aece7;c77 7as amended by section #bje7c77 is amended by adding at the end the following3 7#d7 ,templates ,with respect to agreements described in section #d7;f77#i77;,b71 the ,secretary of the ,interior shall1 to the maximum extent practicable-- 7,a7 implement standard procedures1 and encourage widespread use of templates1 in developing conservation agreements under this subsection2 7,b7 simplify the application and approval processes relating to those agreements2 7,c7 reduce the burdens associated with reporting and monitoring under the agreements2 and 7,d7 provide for the protection of sensitive personal and business-related information of any party to the agreements1 in accordance with-- 7i7 subsection 7a77#c72 and 7ii7 section #d7;b77#i77;,c74 4 ,,iv ,strengthening conservation decisionmaking through increased transparency #dja4 ,transparency of information 7a7 ,publication on internet of basis for listings ,section #d7;b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;b77 is amended by adding at the end the following3 7#i7 ,publication on internet of basis for listings 7,a7 ,in general ,except as provided in subparagraph 7,c71 the ,secretary shall make publicly available on the internet the best scientific and commercial data available that are the basis for each regulation 7including each proposed regulation7 promulgated pursuant to this section4 7,b7 ,inclusions ,the information required to be made available under subparagraph 7,a7 includes any applicable-- 7i7 status review1 including all information-- 7,i7 cited in the review2 or 7,,ii7 submitted for the review by a third party2 7ii7 list of threatened species or endangered species under subsection 7c71 including-- 7,i7 any final or proposed regulations relating to such a list2 and 7,,ii7 the results of any #e-year review of such a list2 7iii7 draft or final recovery plan2 7iv7 information relating to the economic impacts of a critical habitat designation1 especially with respect to the impacts on ,state and local governments and private persons2 and 7v7 required report or other data4 7,c7 ,exceptions ,for purposes of disclosure under subparagraph 7,a7-- 7i7 the ,secretary shall not make available-- 7,i7 on receipt of a request from the ,governor 7or a designee7 of an impacted ,state1 any information the public disclosure of which is prohibited by applicable ,state law1 as determined by the impacted ,state2 or 7,,ii7 any information that may be withheld under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act72 and 7ii7 in the case of any information that includes copyrighted material1 the ,secretary shall-- 7,i7 to the maximum extent practicable1 obtain consent from the copyright holder to publish the information2 and 7,,ii7 publish the information only if that consent is granted4 4 7b7 ,information provided to ,states and ,indian ,tribes 7#a7 ,in general ,paragraph 7#b7 of section #f7;a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aece7;a77 7as designated by section #bje7a77;,a77 is amended by adding at the end the following3 7,c7 in any case in which the ,secretary has not received a petition described in section #d7;b77#c77;,a7 relating to a species and the ,secretary is considering proposing to list the species as a threatened species or an endangered species under section #d7;a71 include-- 7i7 providing to the ,governor and the ,state agency of each impacted ,state and each ,indian ,tribe in which the species is believed to occur a notification of the consideration1 which shall be made publicly available on the internet2 7ii7 soliciting comments from each ,governor1 ,state agency1 and ,indian ,tribe described in clause 7i7 to be submitted to the ,secretary by not later than the date that is #fj days after the date of receipt of the notification1 regarding whether the listing is in accordance with section #d7;a72 and 7iii7 taking into consideration1 and giving full and fair consideration to1 any comments submitted by the deadline described in clause 7ii7 before publication of a proposed regulation to list the species2 7,d7 before making any determination under section #d7;a71 include providing to each impacted ,state and ,indian ,tribe in which the species is believed to occur all information on which the determination is based1 and making that information publicly available on the internet in accordance with section #d7;b77#i72 7,e7 include taking into consideration1 giving full and fair consideration to1 and using ,state data1 analyses1 and comments in all decisionmaking under this ,act2 and 7,f7 include accepting comments from the ,governor and ,state agency of1 and any ,indian ,tribe within1 an impacted ,state regarding any proposed regulation under this ,act4 4 7#b7 ,exceptions ,section #f7;a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aece7;a77 7as amended by section #bje7a77 is amended by adding at the end the following3 7#c7 ,exceptions ,for purposes of disclosure of any information under paragraph 7#b7-- 7,a7 the ,secretary shall not make available-- 7i7 on receipt of a request from the ,governor 7or a designee7 of an impacted ,state1 any information the public disclosure of which is prohibited by applicable ,state law1 as determined by the impacted ,state2 or 7ii7 any information that may be withheld under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act72 and 7,b7 in the case of any information that includes copyrighted material1 the ,secretary shall-- 7i7 to the maximum extent practicable1 obtain consent from the copyright holder to publish the information2 and 7ii7 publish the information only if that consent is granted4 4 #djb4 ,transparency in litigation ,section #aa7;g7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aedj7;g77 is amended-- 7#a7 in paragraph 7#c71 by adding at the end the following3 7,c7 ,publication of complaint2 intervention 7i7 ,publication of complaint 7,i7 ,in general ,not later than #cj days after the date on which the plaintiff serves the defendant with the complaint in an action brought under paragraph 7#a77;,c7 in accordance with ,rule #d of the ,federal ,rules of ,civil ,procedure1 the ,secretary shall make the complaint publicly available on the internet4 7,,ii7 ,failure to meet deadline ,the failure of the ,secretary to meet the #cj-;day deadline described in subclause 7,i7 shall not be the basis for an action under paragraph 7#a77;,c74 7ii7 ,intervention 7,i7 ,opportunity to intervene 7aa7 ,in general ,after the end of the #cj-;day period described in clause 7i71 each affected party shall be given a reasonable opportunity to move to intervene in the action described in clause 7i71 until the end of which action a party may not file a motion for a consent decree or to dismiss the case pursuant to a settlement agreement4 7bb7 ,effect of subclause ,nothing in this subclause limits the ability of any other party to move to intervene in an action described in clause 7i74 7,,ii7 ,rebuttable presumption ,in considering a motion to intervene by any affected party1 the court shall presume1 subject to rebuttal1 that the interests of that party would not be represented adequately by the parties to the action described in clause 7i74 7,,iii7 ,parties included in settlement discussions 7aa7 ,in general ,any settlement discussion relating to an action described in clause 7i7 shall include each-- 7,,aa7 plaintiff2 7,,bb7 defendant agency2 and 7,,cc7 intervenor that is an affected party4 7bb7 ,effect of subclause ,nothing in this subclause limits the ability of any other party to participate in a settlement discussion relating to an action described in clause 7i74 2 and 7#b7 by adding at the end the following3 7#f7 ,notice of proposed covered settlement required 7,a7 ,definition of species ,in this paragraph1 the term species means a species that is the subject of an action brought under paragraph 7#a77;,c74 7,b7 ,notice ,the ,secretary shall provide each impacted ,state and ,indian ,tribe in which a species is believed to occur notice of a proposed covered settlement4 7#g7 ,disclosure required for attorney fees ,the head of any ,federal agency that pays to any person an amount for attorney fees in connection with an action brought under paragraph 7#a77;,c7 relating to a determination made under section #d7;a7 shall disclose to the ,attorney ,general for publication under paragraph 7#h7 the amount paid4 7#h7 ,publication of amounts paid ,the ,attorney ,general shall publish annually in the ,federal ,register a report that-- 7,a7 with respect to each action brought under paragraph 7#a77;,c7 relating to a determination made under section #d7;a71 describes the amounts paid in the action 7including amounts paid for attorney fees as disclosed under paragraph 7#g71 the hourly rate charged by the legal services entity on which attorney fees are based1 any other amounts awarded by a judge1 and amounts paid pursuant to a covered settlement7 during the year covered by the report to any-- 7i7 litigant2 7ii7 law firm2 or 7iii7 expert witness2 and 7,b7 identifies-- 7i7 each party to whom the amounts referred to in subparagraph 7,a7 were paid1 as that party is identified in the order or other agency document making the award2 and 7ii7 each civil action in connection with which the amounts were paid4 4 ,v ,optimizing conservation through resource prioritization #eja4 ,prioritization of listing petitions1 reviews1 and determinations 7a7 ,in general ,section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7 is amended by adding at the end the following3 7j7 ,national listing work plan 7#a7 ,in general ,not later than the date described in paragraph 7#b71 the ,secretary shall submit to ,congress a national listing work plan that establishes1 for each species included in the plan in accordance with paragraph 7#c71 a schedule for the completion during the #g-;fiscal year period beginning on ,october #a of the first fiscal year after the date of submission of the work plan of-- 7,a7 status reviews regarding petitions for listing the species under this ,act2 7,b7 status reviews relating to the species listings initiated by the ,secretary2 7,c7 proposed and final determinations regarding listing the species under this section2 and 7,d7 proposed and final critical habitat designations under subsection 7a77#c7 relating to the species4 7#b7 ,submission to ,congress 7,a7 ,in general ,the ,secretary shall submit to ,congress-- 7i7 the initial work plan required under paragraph 7#a7 together with the budget request of the ,secretary for the first fiscal year beginning after the date of enactment of this subsection2 and 7ii7 an updated work plan under paragraph 7#a7 together with the budget request of the ,secretary for each fiscal year thereafter4 7,b7 ,additional inclusions ,the ,secretary shall also include with each budget request referred to in subparagraph 7,a7 a description of the amounts to be requested to carry out the work plan for each fiscal year covered by the work plan1 including any amounts requested to resolve emergency petitions not addressed in the work plan4 7#c7 ,priority 7,a7 ,in general ,in developing the work plan under this subsection1 the ,secretary shall assign to each species covered by the work plan a priority classification of ,priority #a through ,priority #e1 such that1 as determined by the ,secretary-- 7i7 ,priority #a represents species of the highest priority1 to be designated as critically imperiled and in need of immediate action2 7ii7 ,priority #b represents species with respect to which the best scientific and commercial data available already support a clear decision regarding the status of the species for purposes of this ,act2 7iii7 ,priority #c represents species with respect to which studies regarding the status of the species for purposes of this ,act are being carried out-- 7,i7 to answer key questions that may influence the findings of a petition under this ,act relating to the species2 and 7,,ii7 to resolve any uncertainty regarding the status of the species within a reasonable timeframe2 7iv7 ,priority #d represents species for which proactive conservation efforts likely to reduce threats to the species are being developed or carried out1 within a reasonable timeframe and in an organized manner1 by ,federal agencies1 ,states1 landowners1 and other stakeholders2 and 7v7 ,priority #e represents species-- 7,i7 for which there exists little information regarding-- 7aa7 threats to the species2 or 7bb7 the status of the species for purposes of this ,act2 or 7,,ii7 that the ,secretary determines would receive limited conservation benefit in the foreseeable future by listing the species as a threatened species or endangered species under this section4 7,b7 ,use of methodology 7i7 ,in general ,except as provided in clause 7ii71 the ,secretary shall establish and assign priority classifications under subparagraph 7,a7 in accordance with the notice of the ,director of the ,united ,states ,fish and ,wildlife ,service entitled ,methodology for ,prioritizing ,status ,reviews and ,accompanying #ab-,month ,findings on ,petitions for ,listing ,under the ,endangered ,species ,act 7#ha ,fed4 ,reg4 #dibdh 7,july #bg1 #bjaf774 7ii7 ,additional consideration ,in the case of a ,priority #e classification under clause 7i71 in addition to the notice described in that clause1 the ,secretary shall consider whether there would be limited conservation benefit in the foreseeable future by listing the species as a threatened species or an endangered species4 7,c7 ,extensions for certain priority classifications 7i7 ,priority #c ,in the case of a species classified as ,priority #c under subparagraph 7,a77iii71 if the ,secretary determines that additional time would allow for more complete data collection or the completion of studies relating to the species1 the ,secretary may retain the species under the work plan for a period of not more than #e years after the deadline under paragraph 7#d7 with respect to the species4 7ii7 ,priority #d ,in the case of a species classified as ,priority #d under subparagraph 7,a77iv71 if the ,secretary determines that existing conservation efforts continue to meet the conservation needs of the species1 the ,secretary may retain the species under the work plan for a period of not more than #e years after the deadline under paragraph 7#d7 with respect to the species4 7iii7 ,priority #e ,in the case of a species classified as ,priority #e under subparagraph 7,a77v71 the ,secretary may retain the species under the work plan for a period of not more than #e years after the deadline under paragraph 7#d7 with respect to the species4 7,d7 ,revision of priority classification assignment ,the ,secretary may revise1 in accordance with subparagraph 7,a71 the assignment to a priority classification of a species included in the work plan under this subsection at any time during the fiscal year to which the work plan applies4 7,e7 ,effect of assignment ,the assignment to a priority classification of a species included in the work plan under this subsection shall not be a final agency action4 7#d7 ,applicability of deadlines ,in the case of a species for which a priority classification is assigned by a work plan under this subsection1 the following shall apply3 7,a7 ,deadline ,except as provided in subparagraph 7,b71 the ,secretary shall act on the relevant action relating to the species in the work plan under this subsection to which the species was first assigned not later than the last day of the period of that work plan4 7,b7 ,extension ,if the ,secretary retains the species under the work plan for additional time under paragraph 7#c77;,c71 the deadline under subparagraph 7,a7 shall be extended accordingly4 7#e7 ,inclusion of petitioned species in work plan ,on a finding by the ,secretary under subsection 7b77#c77;,a7 that a petitioned action to add a species to a list published under subsection 7c7 may be warranted1 the ,secretary shall include the species in the work plan under this subsection4 7#f7 ,regulations ,the ,secretary may promulgate such regulations as the ,secretary determines to be appropriate to carry out this subsection4 7#g7 ,effect of subsection ,nothing in this subsection precludes the emergency listing authority of the ,secretary under subsection 7b77#g74 4 7b7 ,conforming amendments 7#a7 ,section #d7;b77#c7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;b77#c77 is amended-- 7,a7 in subparagraph 7,b7-- 7i7 by striking clause 7iii72 7ii7 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 respectively1 and indenting appropriately2 7iii7 in the undesignating matter following subclause 7,,ii7 7as so redesignated71 by striking in which case and inserting the following3 7ii7 ,publication ,after making a finding under clause 7i71 2 and 7iv7 in the matter preceding subclause 7,i7 7as so redesignated71 by striking 7,b7 ,within #ab months after and inserting the following3 7,b7 ,findings 7i7 ,in general ,in accordance with the national listing work plan submitted under subsection 7j71 after 2 7,b7 in subparagraph 7,c7-- 7i7 in clause 7ii71 by striking or 7iii72 7ii7 by striking clause 7iii72 and 7iii7 by striking the subparagraph designation and all that follows through ,any negative in clause 7ii7 and inserting the following3 7,c7 ,judicial review ,any negative 2 and 7,c7 in subparagraph 7,d77ii7 7as amended by section #aja7;a77#b77;,c771 in the matter preceding subclause 7,i71 by striking 7ii7 ,within #ab months after and inserting the following3 7ii7 ,action on positive finding ,in accordance with the national listing work plan submitted under subsection 7j71 after 4 7#b7 ,section #f7;d77#a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aece7;d77#a77 is amended1 in the matter preceding subparagraph 7,a71 in the first sentence1 by striking candidate species pursuant to subparagraph 7,c7 of section #d7;b77#c7 and inserting species on the national listing work plan submitted under section #d7;j7 7referred to in this paragraph as candidate species74 ,,vi ,studies to improve conservation #fja4 ,definition of ,secretaries ,in this title1 the term ,secretaries means-- 7#a7 the ,secretary of ,agriculture2 7#b7 the ,secretary of ,commerce1 acting through the ,assistant ,administrator of the ,national ,marine ,fisheries ,service2 and 7#c7 the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service4 #fjb4 ,study to review conservation factors 7a7 ,in general ,to assess factors affecting successful conservation activities under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 the ,secretaries shall carry out a study-- 7#a7 to review any factors that threaten or endanger a species for which a listing under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 would not contribute to the conservation of the species2 7#b7 to review any barriers to-- 7,a7 the delivery of ,federal1 ,state1 local1 or private funds for those conservation activities1 including statutory or regulatory impediments1 staffing needs1 and other relevant considerations2 or 7,b7 the implementation of conservation agreements1 plans1 or other cooperative agreements1 including agreements focused on voluntary activities1 multispecies efforts1 and other relevant considerations2 7#c7 to review factors that impact the ability of the ,federal ,government to successfully implement the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7#d7 to develop recommendations regarding methods to address barriers identified under paragraph 7#b71 if any2 7#e7 to review determinations under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 in which a species is determined to be recovered by the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service1 or the ,secretary of ,commerce1 acting through the ,assistant ,administrator of the ,national ,marine ,fisheries ,service1 but remains listed under that ,act1 including-- 7,a7 an explanation of the factors preventing a delisting or downlisting of the species2 and 7,b7 recommendations regarding methods to address the factors described in subparagraph 7,a72 and 7#f7 to review any determinations under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 in which a species has been identified as needing listing or uplisting under that ,act but remains unlisted or listed as a threatened species1 respectively1 including-- 7,a7 an explanation of the factors preventing a listing or uplisting of the species2 and 7,b7 recommendations regarding methods to address the factors described in subparagraph 7,a74 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretaries shall submit to the ,committees on ,appropriations and ,environment and ,public ,works of the ,senate and the ,committees on ,appropriations and ,natural ,resources of the ,house of ,representatives and make publicly available a report describing the results of the study under subsection 7a74 #fjc4 ,study and report on expenditures 7a7 ,reports on expenditures 7#a7 ,federal departments and agencies 7,a7 ,in general ,at the determination of the ,comptroller ,general of the ,united ,states 7referred to in this section as the ,comptroller ,general71 to facilitate the preparation of the reports from the ,comptroller ,general under paragraph 7#b71 the head of each ,federal department and agency shall submit to the ,comptroller ,general data and other relevant information that describes the amounts expended or disbursed 7including through loans1 loan guarantees1 grants1 or any other financing mechanism7 by the department or agency as a direct result of any provision of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 7including any regulation promulgated pursuant to that ,act7 during-- 7i7 with respect to the first report under paragraph 7#b71 the #c fiscal years preceding the date of submission of the report2 and 7ii7 with respect to the second report under paragraph 7#b71 the #b fiscal years preceding the date of submission of the report4 7,b7 ,requirements ,data and other relevant information submitted under subparagraph 7,a7 shall describe1 with respect to the applicable amounts-- 7i7 the programmatic office of the department or agency on behalf of which each amount was expended or disbursed2 7ii7 the provision of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 7or regulation promulgated pursuant to that ,act7 pursuant to which each amount was expended or disbursed2 and 7iii7 the project or activity carried out using each amount1 in detail sufficient to reflect the breadth1 scope1 and purpose of the project or activity4 7#b7 ,comptroller ,general ,not later than #b years and #d years after the date of enactment of this ,act1 the ,comptroller ,general shall submit to the ,committees on ,appropriations1 ,commerce1 ,science1 and ,transportation1 and ,environment and ,public ,works of the ,senate and the ,committee on ,appropriations and ,natural ,resources of the ,house of ,representatives a report that describes-- 7,a7 the aggregate amount expended or disbursed by all ,federal departments and agencies as a direct result of any provision of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 7including any regulation promulgated pursuant to that ,act7 during-- 7i7 with respect to the first report1 the #c fiscal years preceding the date of submission of the report2 and 7ii7 with respect to the second report1 the #b fiscal years preceding the date of submission of the report2 7,b7 the provision of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 7or regulation promulgated pursuant to that ,act7 pursuant to which each such amount was expended or disbursed2 and 7,c7 with respect to each relevant department or agency-- 7i7 the total amount expended or disbursed by the department or agency as described in subparagraph 7,a72 and 7ii7 the information described in clauses 7i7 through 7iii7 of paragraph 7#a77;,b74 7b7 ,report on conservation activities 7#a7 ,federal departments and agencies ,at the determination of the ,comptroller ,general1 to facilitate the preparation of the report under paragraph 7#b71 the head of each ,federal department and agency shall submit to the ,comptroller ,general data and other relevant information that describes the conservation activities by the ,federal department or agency as a direct result of any provision of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 7including any regulation promulgated pursuant to that ,act7 during-- 7,a7 with respect to the first report under paragraph 7#b71 the #c fiscal years preceding the date of submission of the report2 and 7,b7 with respect to the second report under paragraph 7#b71 the #b fiscal years preceding the date of submission of the report4 7#b7 ,comptroller ,general ,not later than #b years and #d years after the date of enactment of this ,act1 the ,comptroller ,general shall submit to the ,committees on ,commerce1 ,science1 and ,transportation and ,environment and ,public ,works of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report that-- 7,a7 describes the conservation activities by all ,federal departments and agencies for species listed as a threatened species or endangered species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 as reported under paragraph 7#a71 during-- 7i7 with respect to the first report1 the #c fiscal years preceding the date of submission of the report2 and 7ii7 with respect to the second report1 the #b fiscal years preceding the date of submission of the report2 7,b7 is organized into categories with respect to whether a recovery plan for a species has been established2 7,c7 includes conservation outcomes associated with the conservation activities2 and 7,d7 as applicable1 describes the conservation activities that required interaction between ,federal agencies and between ,federal agencies and ,state and ,tribal agencies and units of local government pursuant to the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 #fjd4 ,study to quantify litigation expenses ,section #aa7;g7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aedj7;g77 7as amended by section #djb7b77 is amended by adding at the end the following3 7#i7 ,study to quantify litigation expenses ,not later than #a year after the date of enactment of this paragraph1 the ,comptroller ,general of the ,united ,states shall conduct1 and submit to the ,committees on ,appropriations and ,environment and ,public ,works of the ,senate and the ,committees on ,appropriations and ,natural ,resources of the ,house of ,representatives a report describing the results of1 a study that quantifies the amount of ,federal funds expended before that date of enactment in connection with any litigation 7including any consent decree or a settlement agreement in an action brought under paragraph 7#a77;,c77 relating to a determination made under section #d7;a74 4 ,,vii ,reauthorization #gja4 ,reauthorization ,section #ae of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aedb7 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking subsection 7b71 7c71 and 7d7 and inserting subsections 7d7 and 7e72 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking #ce1jjj1jjj for fiscal year #aihh1 #cf1ejj1jjj for fiscal year #aihi1 #ch1jjj1jjj for fiscal year #aiij1 #ci1ejj1jjj for fiscal year #aiia1 and #da1ejj1jjj for fiscal year #aiib and inserting #afj1jjj1jjj for fiscal year #bjba1 #afe1jjj1jjj for fiscal year #bjbb1 #agj1jjj1jjj for fiscal year #bjbc1 #age1jjj1jjj for fiscal year #bjbd1 and #ahj1jjj1jjj for fiscal year #bjbe2 7,b7 in paragraph 7#b71 by striking not to exceed #e1gej1jjj for fiscal year #aihh1 #f1bej1jjj for each of fiscal years #aihi and #aiij1 and #f1gej1jjj for each of fiscal years #aiia and #aiib and inserting for each of fiscal years #bjba through #bjbe1 not to exceed #aj percent of the total amount appropriated for the fiscal year under paragraphs 7#a7 and 7#c7 and subsection 7b72 and 7,c7 in paragraph 7#c71 by striking #b1bjj1jjj for fiscal year #aihh1 #b1djj1jjj for each of fiscal years #aihi and #aiij1 and #b1fjj1jjj for each of fiscal years #aiia and #aiib1 and inserting #d1jjj1jjj for each of fiscal years #bjba through #bjbe2 7#c7 by redesignating subsections 7b7 and 7c7 as subsections 7d7 and 7e71 respectively2 and 7#d7 by inserting after subsection 7a7 the following3 7b7 ,recovery implementation ,there are authorized to be appropriated to the ,secretary to assist in the implementation of recovery plans developed under section #d7;f77#a7 #bad1jjj1jjj for each of fiscal years #bjba through #bjbe4 7c7 ,limitation on use of funds ,of the amounts appropriated under this section for a fiscal year1 the ,secretary shall use not less than #ae percent to support proactive1 voluntary conservation activities1 including those undertaken by private landowners1 pursuant to-- 7#a7 a conservation agreement described in section #d7;f77#i72 7#b7 a conservation effort that meets the requirements of the framework established under section #d7;f77#aj72 7#c7 a cooperative agreement entered into under section #f2 and 7#d7 any other ,federal program that supports the conservation of species in the ,united ,states that are listed as threatened species or endangered species1 candidate species1 or at-risk species4 4 ,,viii ,miscellaneous #hja4 ,effect ,nothing in this ,act or an amendment made by this ,act-- 7#a7 limits the legal rights under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or any other law of-- 7,a7 any regulated entity1 including an industry1 agricultural producer1 or landowner2 7,b7 any nongovernmental organization1 including an environmental1 conservation1 or landowner group2 or 7,c7 any county or equivalent jurisdiction2 or 7#b7 diminishes the value or credibility of information or comments provided under that ,act by any regulated entity1 nongovernmental organization1 and county or equivalent jurisdiction described in paragraph 7#a7 as compared to information or comments provided by any other source of information or comments based solely on the source4 #hjb4 ,sense of the ,senate ,it is the sense of the ,senate that each ,state is encouraged-- 7#a7 to collaborate with county or equivalent jurisdictions and local governments in the ,state in carrying out ,state responsibilities and authorities under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7#b7 to give full and fair consideration to the input of county or equivalent jurisdictions and local governments in the ,state when exercising ,state obligations under that ,act2 and 7#c7 to provide notice1 when practicable1 to county or equivalent jurisdictions and local governments in the ,state of issues affecting those governments under that ,act4