,i #aaith ,,congress #ast ,session ,h4 ,r4 #ahig ,,in ,,the ,,house ,,of ,,representatives ,march #f1 #bjbe,mr4 ,westerman 7for himself1 ,ms4 ,hageman1 ,mr4 ,stauber1 ,mr4 ,tiffany1 ,mr4 ,gosar1 ,mr4 ,hurd of ,colorado1 ,mr4 ,newhouse1 ,mr4 ,bentz1 ,mr4 ,fulcher1 ,mr4 ,begich1 ,mr4 ,ezell1 ,mr4 ,amodei of ,nevada1 ,mr4 ,hunt1 ,ms4 ,maloy1 ,mr4 ,biggs of ,arizona1 and ,mr4 ,la,malfa7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to amend the ,endangered ,species ,act of #aigc to optimize conservation through resource prioritization1 incentivize wildlife conservation on private lands1 provide for greater incentives to recover listed species1 create greater transparency and accountability in recovering listed species1 streamline the permitting process1 eliminate barriers to conservation1 and restore congressional intent4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,,esa ,amendments ,act of #bjbe4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,endangered ,species ,act of #aigc definitions4,sec4 #c4 ,authorization of appropriations4,sec4 #d4 ,rule of construction4,title ,i--,optimizing conservation through resource prioritization,sec4 #aja4 ,prioritization of listing petitions1 reviews1 and determinations4,title ,,ii--,incentivizing wildlife conservation on private lands,sec4 #bja4 ,candidate conservation agreements with assurances4,sec4 #bjb4 ,conservation plans4,sec4 #bjc4 ,,nepa exemption for incidental take permits4,title ,,iii--,providing for greater incentives to recover listed species,sec4 #cja4 ,protective regulations under ,endangered ,species ,act of #aigc4,sec4 #cjb4 #e-year review determinations4,sec4 #cjc4 ,judicial review during monitoring period4,sec4 #cjd4 ,codification of regulation4,sec4 #cje4 ,designation of critical habitat4,title ,,iv--,creating greater transparency and accountability in recovering listed species,sec4 #dja4 ,requirement to publish basis for listings and critical habitat designations on ,internet4,sec4 #djb4 ,decisional transparency and use of ,state1 ,tribal1 and local information4,sec4 #djc4 ,disclosure of expenditures under ,endangered ,species ,act of #aigc4,sec4 #djd4 ,award of litigation costs to prevailing parties in accordance with existing law4,sec4 #dje4 ,analysis of impacts and benefits of determination of endangered or threatened status4,title ,v--,streamlining permitting process,sec4 #eja4 ,limitation on reasonable and prudent measures4,sec4 #ejb4 ,successive consultations4,sec4 #ejc4 ,requirement to consider reasonably certain effects4,sec4 #ejd4 ,clarifying jeopardy4,title ,,vi -- ,eliminating barriers to conservation,sec4 #fja4 ,permits for ,,cites-listed species4,sec4 #fjb4 ,utilize ,convention standard for permits applicable to non-native species4,title ,,vii--,restoring congressional intent,sec4 #gja4 ,limiting agency regulations4 #b4 ,endangered ,species ,act of #aigc definitions 7a7 ,foreseeable future ,the final rule titled ,endangered and ,threatened ,wildlife and ,plants2 ,regulations for ,listing ,species and ,designating ,critical ,habitat 7#hd ,fed4 ,reg4 #dejbj2 published ,august #bg1 #bjai7 shall have the force and effect of law with respect to the use of the term foreseeable future4 7b7 ,commercial activity ,section #c7b7 ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecb7b77 is amended by inserting or public display or education aimed at the preservation or conservation of a species after organizations4 7c7 ,conserve2 conserving2 conservation ,section #c7c7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecb7c77 is amended by striking and transplantation1 and1 in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved1 may include and inserting transplantation1 and1 at the discretion of the ,secretary14 7d7 ,habitat ,section #c7e7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecb7e77 is amended by adding at the end the following3 7,d7 7i7 ,for the purpose of designating critical habitat for a threatened species or an endangered species under this ,act1 the term habitat-- 7,i7 means the abiotic and biotic setting that currently or periodically contains the resources and conditions necessary to support #a or more life processes of the threatened species or endangered species2 and 7,,ii7 does not include an area visited by only vagrant individual members of the threatened species or endangered species4 7ii7 ,if the setting described in clause 7i77,i7 does not support all of the life processes of the relevant threatened species or endangered species1 the threatened species or endangered species must be able to access1 from the setting1 other areas necessary to support its remaining life processes4 4 7e7 ,best scientific and commercial data available 7#a7 ,in general ,section #c of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecb7 is amended-- 7,a7 by redesignating paragraphs 7#b7 through 7#aj7 as paragraphs 7#c7 through 7#aa71 respectively2 and 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,conforming amendment ,section #g7n7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7n77 is amended by striking section #c7ac7 and inserting section #c7ad74 7#b7 ,the term best scientific and commercial data available includes data submitted to the ,secretary by a ,state1 ,tribal1 or local government4 4 7f7 ,environmental baseline ,section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7 is amended by adding at the end the following3 7q7 ,environmental baseline ,for the purpose of carrying out a consultation under this section with respect to a threatened species or an endangered species1 the term environmental baseline-- 7#a7 means the condition of the species or the critical habitat of the species in the action area1 without the consequences to the species or the critical habitat of the species caused by the proposed action2 and 7#b7 includes-- 7,a7 the past and present effects of all ,federal1 ,state1 and private actions and other human activities in the action area2 7,b7 the anticipated effects of each proposed ,federal project within the action area for which a consultation under this section has been completed2 7,c7 the effects of ,state and private actions that are contemporaneous with the consultation in process2 and 7,d7 existing structures and facilities and the past1 present1 and future effects on the species or the critical habitat of the species from the physical existence of such structures and facilities4 4 #c4 ,authorization of appropriations 7a7 ,in general ,section #ae of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aedb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking subsection 7b71 7c71 and 7d7 and inserting subsections 7b7 and 7c72 7,b7 in paragraph 7#a7-- 7i7 by striking and after fiscal year #aiia12 and 7ii7 by inserting 1 and #cjb1jbe1jjj for each of fiscal years #bjbf through #bjca after fiscal year #aiib2 7,c7 in paragraph 7#b7-- 7i7 by striking and after fiscal years #aihi and #aiij12 and 7ii7 by inserting 1 and #aaf1fcj1jjj for each of fiscal years #bjbf through #bjca after fiscal years #aiia and #aiib2 and 7,d7 in paragraph 7#c7-- 7i7 by striking and after fiscal years #aihi and #aiij12 and 7ii7 by inserting and #b1fjj1jjj for each of fiscal years #bjbf through #bjca after fiscal years #aiia and #aiib12 7#b7 in subsection 7b71 by inserting and #fjj1jjj for each of fiscal years #bjbf through #bjca after #aiib2 and 7#c7 in subsection 7c7-- 7,a7 by striking and after fiscal years #aihh1 #aihi1 and #aiij12 and 7,b7 by inserting and #i1ijj1jjj for each of fiscal years #bjbf through #bjca1 after fiscal years #aiia and #aiib14 7b7 ,technical amendment ,section #ae7;b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aedb7;b77 is amended by striking sections #g 7e71 7g71 and 7h7 and inserting subsections 7e71 7g71 and 7h7 of section #g4 #d4 ,rule of construction ,nothing in this ,act or the amendments made by this ,act may be construed to enlarge or diminish the authority1 jurisdiction1 or responsibility of a ,state 7as that term is defined in section #c of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecb77 to manage1 control1 or regulate fish and wildlife on lands and waters1 including ,federal lands and waters1 within the ,state4 ,i ,optimizing conservation through resource prioritization #aja4 ,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 covered species1 a schedule for the completion during the #e-;fiscal year period beginning on ,october #a of the first fiscal year after the date of the submission of the work plan of-- 7,a7 findings as described in subsection 7b77#c77;,b7 for each such covered species2 7,b7 proposed and final determinations regarding listing each such covered species under this section2 and 7,c7 proposed and final critical habitat designations under subsection 7a77#c7 relating to each such covered species4 7#b7 ,submission to ,congress 7,a7 ,in general ,the ,secretary shall submit to ,congress-- 7i7 together with the budget request of the ,secretary for the first fiscal year that begins not less than #cfe days after the date of the enactment of this subsection1 the initial work plan required under paragraph 7#a72 and 7ii7 together with the budget request of the ,secretary for each fiscal year thereafter1 an updated work plan under paragraph 7#a74 7,b7 ,additional inclusions ,the ,secretary shall 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 the fiscal year covered by the budget request1 including any amounts requested to address emergency listings if the ,secretary identifies any emergency posing a significant risk to the well-being of any species of fish or wildlife or plant4 7#c7 ,priority 7,a7 ,in general ,in developing a work plan under this subsection1 the ,secretary shall assign to each species included in the work plan a priority classification of ,priority #a through ,priority #e1 such that1 as determined by the ,secretary1 the following apply3 7i7 ,priority #a represents species of the highest priority1 to be designated as critically imperiled and in need of immediate action4 7ii7 ,priority #b represents species with respect to which the best scientific and commercial data available support a clear decision regarding the status of the species4 7iii7 ,priority #c represents species with respect to which studies regarding the status of the species are being carried out-- 7,i7 to answer key questions that may influence the findings of a petition to list the species submitted under subsection 7b77#c72 and 7,,ii7 to resolve any uncertainty regarding the status of the species within a reasonable timeframe4 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 or other stakeholders4 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 species2 or 7,,ii7 that 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 ,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 titled ,methodology for ,prioritizing ,status ,reviews and ,accompanying #ab-,month ,findings on ,petitions for ,listing ,under the ,endangered ,species ,act 7#ha ,fed4 ,reg4 #dibdh2 published ,july #bg1 #bjaf74 7,c7 ,extensions for certain priority classifications 7i7 ,priority #c ,with respect to 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#d74 7ii7 ,priority #d ,with respect to 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#d74 7iii7 ,priority #e ,with respect to 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#d74 7,d7 ,revision of priority classification ,the ,secretary may revise1 in accordance with subparagraph 7,a71 the assignment to a priority classification of a species included in a work plan at any time during the fiscal years to which the work plan applies4 7,e7 ,effect of priority classification ,the assignment of a priority classification to a species included in a work plan is not a final agency action4 7#d7 ,deadline ,the ,secretary shall act on any petition to add a species to a list published under subsection 7c7 submitted under subsection 7b77#c7 not later than the last day of the fiscal year specified for that petition in the most recent work plan4 7#e7 ,regulations ,the ,secretary may issue such regulations as the ,secretary determines appropriate to carry out this subsection4 7#f7 ,effect of subsection ,nothing in this subsection may be construed to preclude or otherwise affect the emergency listing authority of the ,secretary under subsection 7b77#g74 7#g7 ,definitions ,in this subsection3 7,a7 ,covered species ,the term covered species means a species that is not included on a list published under subsection 7c7-- 7i7 for which a petition to add the species to such a list has been submitted under subsection 7b77#c72 or 7ii7 that is otherwise under consideration by the ,secretary for addition to such a list4 7,b7 ,work plan ,the term work plan means the national listing work plan submitted by the ,secretary under paragraph 7#a74 4 7b7 ,conforming amendments ,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,b71 by striking ,within #ab months and inserting ,in accordance with the national listing work plan submitted under subsection 7j712 and 7#b7 in subparagraph 7,c71 to read as follows3 7,c7 ,any negative finding described in subparagraph 7,a7 and any finding described in subparagraph 7,b77i77,i7 shall be subject to judicial review4 4 ,,ii ,incentivizing wildlife conservation on private lands #bja4 ,candidate conservation agreements with assurances 7a7 ,listing determinations ,section #d7;b77#a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;b77#a77 is amended by adding at the end the following3 7,c7 ,in making a determination under subsection 7a77#a7 with respect to a species1 the ,secretary shall take into account and document the effect of any net conservation benefit 7as that term is defined in subsection 7k7 of section #aj7 of any ,candidate ,conservation ,agreement with ,assurances or any programmatic ,candidate ,conservation ,agreement with ,assurances 7as those terms are defined in that subsection7 relating to such species4 4 7b7 ,candidate ,conservation ,agreements with ,assurances ,section #aj of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci7 is amended by adding at the end the following3 7k7 ,candidate ,conservation ,agreements with ,assurances 7#a7 ,proposed ,agreement ,a covered party may submit a proposed ,agreement to the ,secretary4 7#b7 ,approval ,not later than #abj days after the date of the receipt of a proposed ,agreement under paragraph 7#a71 the ,secretary shall approve the proposed ,agreement if the ,secretary determines that the proposed ,agreement-- 7,a7 sets forth specific management activities that the covered party will undertake to conserve the covered species2 7,b7 provides a positive estimate of the net conservation benefit of such management activities to the covered species2 7,c7 describes1 to the maximum extent practicable1 the existing population levels of the covered species or the existing quality of habitat2 7,d7 includes a monitoring plan to be carried out by the parties to the ,agreement2 and 7,e7 provides assurances to the covered party that no additional conservation measures will be required and additional land1 water1 or resource use restrictions will not be imposed on the covered party if the covered species becomes listed after the effective date of such ,agreement4 7#c7 ,denial ,not later than #abj days after the date of the receipt of a proposed ,agreement under paragraph 7#a71 the ,secretary shall-- 7,a7 deny the proposed ,agreement if the ,secretary determines that the proposed ,agreement does not meet the requirements described in paragraph 7#b72 and 7,b7 provide the submitting covered party a written explanation for such determination and the adjustments required for the ,secretary to approve such proposed ,agreement4 7#d7 ,programmatic ,candidate ,conservation ,agreement with ,assurances 7,a7 ,in general ,the ,secretary may enter into a ,candidate ,conservation ,agreement with ,assurances with a covered party that authorizes such covered party-- 7i7 to administer such ,candidate ,conservation ,agreement with ,assurances2 7ii7 to hold any permit issued under this section with regard to such ,candidate ,conservation ,agreement with ,assurances2 7iii7 to enroll other covered parties within the area covered by such ,candidate ,conservation ,agreement with ,assurances in such ,candidate ,conservation ,agreement with ,assurances2 and 7iv7 to convey any permit authorization held by such covered party under clause 7ii7 to each covered party enrolled under clause 7iii74 7,b7 ,publication ,upon receipt of a proposed programmatic ,candidate ,conservation ,agreement with ,assurances under paragraph 7#a7 and before approving or denying such a proposed programmatic ,candidate ,conservation ,agreement with ,assurances under paragraph 7#b7 or 7#c71 respectively1 the ,secretary shall-- 7i7 not later than #cj days after the date of such receipt1 publish the proposed programmatic ,candidate ,conservation ,agreement with ,assurances in the ,federal ,register for public comment for a period of not less than #fj days2 7ii7 review any comments received under clause 7i72 and 7iii7 after the close of the public comment period for the proposed programmatic ,candidate ,conservation ,agreement with ,assurances1 publish in the ,federal ,register-- 7,i7 any comments received under clause 7i72 and 7,,ii7 the approval or denial of the proposed programmatic ,candidate ,conservation ,agreement with ,assurances under paragraph 7#b7 or 7#c71 respectively4 7#e7 ,incidental take authorization ,if a covered species is listed under section #d1 the ,secretary shall issue a permit to the relevant covered party under this section allowing incidental take of and modification to the habitat of such covered species consistent with the ,agreement4 7#f7 ,technical assistance ,the ,secretary shall1 upon request1 provide a covered party with technical assistance in developing a proposed ,agreement4 7#g7 ,applicability to ,federal land ,an ,agreement may apply to a covered party that conducts activities on land administered by any ,federal agency pursuant to a permit or lease issued to the covered party by that ,federal agency4 7#h7 ,exemption from consultation requirement ,an ,agreement approved under this subsection shall be deemed to have been granted an exemption under section #g7;h7 for the purposes of that section4 7#i7 ,exemption from disclosure ,information submitted by a private party to the ,secretary under this subsection shall be exempt from disclosure under section #eeb7;b77#c77;,b7 of title #e1 ,united ,states ,code4 7#aj7 ,definitions ,in this subsection3 7,a7 ,agreement ,the term ,agreement means-- 7i7 a ,candidate ,conservation ,agreement with ,assurances2 or 7ii7 a programmatic ,candidate ,conservation ,agreement with ,assurances4 7,b7 ,candidate ,conservation ,agreement with ,assurances ,the term ,candidate ,conservation ,agreement with ,assurances means any voluntary agreement1 including a conservation benefit agreement1 between the ,secretary and a covered party in which-- 7i7 the covered party commits to implementing mutually agreed upon conservation measures for a candidate species2 and 7ii7 the ,secretary provides assurances that1 if such candidate species is listed pursuant to section #d-- 7,i7 the covered party shall incur no additional obligations beyond actions agreed to in the agreement with respect to conservation activities required under this ,act2 and 7,,ii7 no additional land1 water1 or resource use restrictions shall be imposed on the covered party beyond those included in the agreement4 7,c7 ,candidate species ,the term candidate species means a species-- 7i7 designated by the ,secretary as a candidate species under this ,act2 or 7ii7 proposed to be listed pursuant to section #d4 7,d7 ,covered party ,the term covered party means a-- 7i7 party that conducts activities on land administered by a ,federal agency pursuant to a permit or lease issued to the party2 7ii7 private property owner2 7iii7 county2 7iv7 ,state or ,state agency2 or 7v7 ,tribal government4 7,e7 ,covered species ,the term covered species means1 with respect to an ,agreement1 the species that is the subject of such ,agreement4 7,f7 ,net conservation benefit ,the term net conservation benefit means the net effect of an ,agreement1 determined by comparing the existing situation of the candidate species without the ,agreement in effect and a situation in which the ,agreement is in effect1 on a candidate species1 including-- 7i7 the net effect on threats to such species2 7ii7 the net effect on the number of individuals of such species2 or 7iii7 the net effect on the habitat of such species4 7,g7 ,programmatic ,candidate ,conservation ,agreement with ,assurances ,the term programmatic ,candidate ,conservation ,agreement with ,assurances means a ,candidate ,conservation ,agreement with ,assurances described in paragraph 7#d77;,a74 4 #bjb4 ,conservation plans 7a7 ,in general ,section #aj7;a77#b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci7;a77#b77 is amended-- 7#a7 in subparagraph 7,b71 by inserting 1 and shall include the terms and conditions of the related conservation plan1 which shall be legally binding on all parties thereto after being complied with2 and 7#b7 by adding at the end the following3 7,d7 ,each ,federal agency shall1 as applicable and to the maximum extent practicable1 adopt the mitigation measures contained in a permit issued under subparagraph 7,b7 in any authorization issued by such ,federal agency with respect to the action that is the subject of such permit4 7,e7 ,with respect to an action that is the subject of a permit issued under subparagraph 7,b71 the ,secretary shall not seek any additional mitigation measures through any other ,federal or ,state or local process4 4 7b7 ,exemption from consultation requirement ,section #aj7;a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci7;a77 is amended by adding at the end the following3 7#c7 ,a permit issued by the ,secretary under this subsection shall be deemed to have been granted an exemption under section #g7;h7 for the purposes of that section4 4 #bjc4 ,,nepa exemption for incidental take permits ,section #aj7;a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci7;a77 is amended by adding at the end the following3 7#d7 ,the issuance of a permit under paragraph 7#b7 shall not be considered a major ,federal action under section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 4 ,,iii ,providing for greater incentives to recover listed species #cja4 ,protective regulations under ,endangered ,species ,act of #aigc ,section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7 is amended-- 7#a7 in subsection 7d71 to read as follows3 7d7 ,protective regulations 7#a7 ,in general ,whenever any species is listed as a threatened species pursuant to subsection 7c71 the ,secretary shall issue such regulations as are necessary and advisable to provide for the conservation of that species4 7#b7 ,recovery goals 7,a7 ,in general ,if the ,secretary issues a regulation under paragraph 7#a7 that prohibits an act described in section #i7;a71 the ,secretary shall1 with respect to the species that is the subject of such regulation-- 7i7 establish objective1 incremental recovery goals2 7ii7 provide for the stringency of such regulation to decrease as such recovery goals are met2 and 7iii7 provide for ,state management within such ,state1 if such ,state is willing to take on such management1 beginning on the date on which the ,secretary determines that each such recovery goal is met and1 if each such recovery goal remains met1 continuing until such species is removed from the list of threatened species published pursuant to subsection 7c74 7,b7 ,status review ,on the date on which the ,secretary determines that each recovery goal established under subparagraph 7,a77i7 for a species is met1 the ,secretary shall begin a review of the species and subsequently determine1 on the basis of such review1 whether the species should be removed from the lists published pursuant to subsection 7c77#a74 7#c7 ,cooperative agreement ,a regulation issued under paragraph 7#a7 that prohibits an act described in section #i7;a7 with respect to a resident species shall apply with respect to a ,state that has entered into a cooperative agreement with the ,secretary pursuant to section #f7;c7 only to the extent that such regulation is adopted by such ,state4 7#d7 ,state recovery strategy 7,a7 ,in general ,a ,state may develop a recovery strategy for a threatened species or a candidate species and submit to the ,secretary a petition for the ,secretary to use such recovery strategy as the basis for any regulation issued under paragraph 7#a7 with respect to such species within such ,state4 7,b7 ,approval or denial of petition ,not later than #abj days after the date on which the ,secretary receives a petition submitted under subparagraph 7,a71 the ,secretary shall-- 7i7 approve such petition if the ,secretary determines the recovery strategy is reasonably certain to be implemented by the petitioning ,state and to be effective in conserving the species that is the subject of such recovery strategy2 or 7ii7 deny such petition if the requirements described in clause 7i7 are not met4 7,c7 ,publication ,not later than #cj days after the date on which the ,secretary approves or denies a petition under subparagraph 7,b71 the ,secretary shall publish such approval or denial in the ,federal ,register4 7,d7 ,denial of petition 7i7 ,written explanation ,if the ,secretary denies a petition under subparagraph 7,b71 the ,secretary shall include in such denial a written explanation for such denial1 including a description of the changes to such petition that are necessary for the ,secretary to approve such petition4 7ii7 ,resubmission of denied petition ,a ,state may resubmit a petition that is denied under subparagraph 7,b74 7,e7 ,use in protective regulations ,if the ,secretary approves a petition under subparagraph 7,b71 the ,secretary shall-- 7i7 issue a regulation under paragraph 7#a7 that adopts the recovery strategy as such regulation with respect to the species that is the subject of such recovery strategy within the petitioning ,state2 and 7ii7 establish objective criteria to evaluate the effectiveness of such recovery strategy in conserving such species within such ,state4 7,f7 ,revision ,if a recovery strategy that is adopted as a regulation issued under paragraph 7#a7 is determined by the ,secretary to be ineffective in conserving the species that is the subject of such recovery strategy in accordance with the objective criteria established under subparagraph 7,e77ii7 for such recovery strategy1 the ,secretary shall revise such regulation and reissue such regulation in accordance with paragraph 7#a74 2 and 7#b7 in subsection 7f77#a77;,b7-- 7,a7 in clause 7ii71 by striking and at the end2 7,b7 in clause 7iii71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7iv7 with respect to an endangered species1 objective1 incremental recovery goals in accordance with subsection 7d77#b77;,a7 for use under that subsection if such endangered species is changed in status from an endangered species to a threatened species under subsection 7c77#b77;,b77ii74 4 #cjb4 #e-year review determinations ,section #d7;c7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;c77 is amended by adding at the end the following3 7#c7 ,not later than #cj days after the date on which the ,secretary makes a determination under paragraph 7#b77;,b71 the ,secretary shall initiate a rulemaking to carry out such determination4 4 #cjc4 ,judicial review during monitoring period ,section #d7;g7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;g77 is amended by adding at the end the following3 7#c7 ,the removal of a species from a list published under subsection 7c77#a7 is not subject to judicial review during the period established under paragraph 7#a7 with respect to the species4 4 #cjd4 ,codification of regulation ,the final rule titled ,endangered and ,threatened ,wildlife and ,plants2 ,regulations for ,prohibitions to ,threatened ,wildlife and ,plants 7#hd ,fed4 ,reg4 #ddgec2 published ,august #bg1 #bjai7 shall have the force and effect of law4 #cje4 ,designation of critical habitat 7a7 ,privately owned or controlled land ,section #d7;a77#c7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;a77#c77 is amended by adding at the end the following3 7,c7 ,the ,secretary may not designate as critical habitat under subparagraph 7,a7 any privately owned or controlled land or other geographical area that is subject to a land management plan that-- 7i7 the ,secretary determines is similar in nature to an integrated natural resources management plan described in section #aja of the ,sikes ,act 7#af ,u4,s4,c4 #fgj;a72 7ii7 7,i7 is prepared in cooperation with the ,secretary and the head of each applicable ,state fish and wildlife agency of each ,state in which such land or other geographical area is located2 or 7,,ii7 is submitted to the ,secretary in a manner that is similar to the manner in which an applicant submits a conservation plan to the ,secretary under section #aj7;a77#b77;,a72 7iii7 includes an activity or a limitation on an activity that the ,secretary determines will likely conserve the species concerned2 7iv7 the ,secretary determines will result in-- 7,i7 an increase in the population of the species concerned above the population of such species on the date that such species is listed as a threatened species or an endangered species2 or 7,,ii7 maintaining the same population of such species on the land or other geographical area as the population that would likely occur if such land or other geographical area is designated as critical habitat2 and 7v7 to the maximum extent practicable1 will minimize and mitigate the impacts of any activity that will likely result in an incidental taking of the species concerned4 4 7b7 ,designation considerations ,section #d7;b77#b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;b77#b77 is amended in the first sentence by inserting the impact on existing efforts of private landowners to conserve the species1 after impact on national security14 ,,iv ,creating greater transparency and accountability in recovering listed species #dja4 ,requirement to publish basis for listings and critical habitat designations on ,internet ,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 ,the ,secretary shall make publicly available on the ,internet the best scientific and commercial data available that are used as the basis for each regulation1 including each proposed regulation1 promulgated under paragraphs 7#a7 and 7#c7 of subsection 7a71 except that-- 7,a7 at the request of a ,governor1 ,state agency1 or legislature of a ,state1 the ,secretary may not make such data available under this paragraph if such entity determines that public disclosure of such data is prohibited by a law or regulation of such ,state1 including any law or regulation requiring the protection of personal information2 and 7,b7 not later than #cj days after the date of the enactment of this paragraph1 the ,secretary shall execute an agreement with the ,secretary of ,defense that prevents the disclosure under this paragraph of classified information pertaining to ,department of ,defense personnel1 facilities1 lands1 or waters4 4 #djb4 ,decisional transparency and use of ,state1 ,tribal1 and local information ,section #f7;a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aece7;a77 is amended-- 7#a7 by inserting 7#a7 before the first sentence2 and 7#b7 by striking ,such cooperation shall include and inserting the following3 7#b7 ,such cooperation shall include-- 7,a7 before making a determination under section #d7;a71 providing to ,states affected by such determination all data that is the basis of the determination2 and 7,b7 4 #djc4 ,disclosure of expenditures under ,endangered ,species ,act of #aigc 7a7 ,requirement ,to disclose ,section #ac of the ,endangered ,species ,act of #aigc 7#hg ,stat4 #ijb7 is amended to read as follows3 #ac4 ,disclosure of expenditures 7a7 ,requirement ,the ,secretary of the ,interior1 in consultation with the ,secretary of ,commerce1 shall-- 7#a7 not later than #ij days after the end of each fiscal year1 submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate an annual report detailing ,federal ,government expenditures for covered suits during the preceding fiscal year 7including the information described in subsection 7b772 and 7#b7 make publicly available through the ,internet a searchable database1 updated monthly1 of the information described in subsection 7b74 7b7 ,included information ,the report shall include-- 7#a7 the case name and number of each covered suit1 and1 with respect to each such covered suit1 a hyperlink to each settlement decision1 final decision1 consent decree1 stipulation of dismissal1 release1 interim decision1 motion to dismiss1 partial motion for summary judgement1 or related final document2 7#b7 a description of each claim or cause of action in each covered suit2 7#c7 the name of each covered agency the actions of which give rise to any claim in a covered suit and each plaintiff in such suit2 7#d7 funds expended by each covered agency 7disaggregated by agency account7 to receive and respond to notices referred to in section #aa7;g77#b7 or to prepare for litigation of1 litigate1 negotiate a settlement agreement or consent decree in1 or provide material1 technical1 or other assistance in relation to1 a covered suit2 7#e7 the number of full-time equivalent employees that participated in the activities described in paragraph 7#d72 7#f7 any information required to be published under section #acjd of title #ca1 ,united ,states ,code1 with respect to a covered suit2 and 7#g7 attorneys fees and other expenses 7disaggregated by agency account7 awarded in covered suits1 including any consent decrees or settlement agreements 7regardless of whether a decree or settlement agreement is sealed or otherwise subject to nondisclosure provisions71 including the basis for such awards4 7c7 ,requirement ,to provide information ,the head of each covered agency shall provide to the ,secretary in a timely manner all information requested by the ,secretary to comply with the requirements of this section4 7d7 ,limitation on disclosure ,notwithstanding any other provision of this section1 this section shall not affect any restriction in a consent decree or settlement agreement on the disclosure of information that is not described in subsection 7b74 7e7 ,definitions ,in this section3 7#a7 ,covered agency ,the term covered agency means any agency of the-- 7,a7 ,department of the ,interior2 7,b7 ,forest ,service2 7,c7 ,environmental ,protection ,agency2 7,d7 ,national ,marine ,fisheries ,service2 7,e7 ,bonneville ,power ,administration2 7,f7 ,western ,area ,power ,administration2 7,g7 ,southwestern ,power ,administration2 or 7,h7 ,southeastern ,power ,administration4 7#b7 ,covered suit ,the term covered suit means-- 7,a7 any civil action containing any claim arising under this ,act against the ,federal ,government and based on the action of a covered agency2 and 7,b7 any administrative proceeding under which the ,united ,states awards fees and other expenses to a third party under section #ejd of title #e1 ,united ,states ,code4 4 7b7 ,clerical amendment ,the table of contents in the first section of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca note7 is amended by striking the item relating to section #ac and inserting the following3 ,sec4 #ac4 ,disclosure of expenditures4 4 #djd4 ,award of litigation costs to prevailing parties in accordance with existing law ,section #aa7;g77#d7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aedj7;g77#d77 is amended by striking to any party1 whenever the court determines such award is appropriate and inserting in accordance with section #bdab of title #bh1 ,united ,states ,code and section #ejd of title #e1 ,united ,states ,code4 #dje4 ,analysis of impacts and benefits of determination of endangered or threatened status ,section #d7;a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;a77 is amended by adding at the end the following3 7#d7 7,a7 ,the ,secretary shall1 concurrently with determining under paragraph 7#a7 whether a species is a threatened species or an endangered species1 prepare an analysis with respect to such determination of-- 7i7 the economic effect2 7ii7 the effects on national security2 7iii7 the effects on human health and safety2 and 7iv7 any other relevant effect4 7,b7 ,nothing in this paragraph shall delay a determination made by the ,secretary under paragraph 7#a7 or change the criteria used by the ,secretary to make such a determination4 4 ,v ,streamlining permitting process #eja4 ,limitation on reasonable and prudent measures ,section #g7;b77#d7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;b77#d77 is amended-- 7#a7 by inserting and that do not propose1 recommend1 or require the ,federal agency or the applicant concerned1 if any1 to mitigate or offset such impact after minimize such impact2 and 7#b7 by inserting which measures may be issued after the written statement1 after such taking14 #ejb4 ,successive consultations ,section #g7;b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;b77 is amended by adding at the end the following3 7#e7 7,a7 ,with respect to an ongoing ,federal agency action for which the applicable ,federal agency has adopted a reasonable and prudent alternative or a reasonable and prudent measure to comply with subsection 7a77#b71 in any subsequent consultation for the ,federal agency action that occurs #aj years or more after the date on which the initial consultation for the ,federal agency action was completed1 the ,secretary shall-- 7i7 project the likelihood of and timeline for the recovery of the threatened species and endangered species affected by the ,federal agency action2 and 7ii7 determine whether continuing to implement the reasonable and prudent alternative or a reasonable and prudent measure will materially increase the likelihood of and reduce the time for recovery of the threatened species and endangered species4 7,b7 ,if the ,secretary finds under subparagraph 7,a77ii7 that continued implementation of the modification will not materially improve the likelihood of and shorten the time to the recovery of the species1 the ,federal agency shall discontinue implementation of the modification notwithstanding subsection 7a77#b74 4 #ejc4 ,requirement to consider reasonably certain effects ,section #g7;a77#b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;a77 is amended by inserting ,a consultation carried out pursuant to this paragraph shall consider the effects that are reasonably certain to be caused by the action without a substantive presumption in favor of the species after commercial data available44 #ejd4 ,clarifying jeopardy ,section #g7;a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;a77 is amended by adding at the end the following3 7#e7 ,for the purposes of a consultation carried out pursuant to paragraph 7#b7 or a conference carried out under paragraph 7#d71 the ,secretary may only determine that the action that is the subject of such consultation or conference is likely to jeopardize the continued existence of an applicable species or result in the destruction or adverse modification of habitat of such a species which is determined by the ,secretary1 after consultation as appropriate with affected ,states1 to be critical if the ,secretary determines1 based on the best scientific and commercial data available1 that the effects that are reasonably certain to be caused by the action are likely to result in the action itself causing such jeopardy4 4 ,,vi ,eliminating barriers to conservation #fja4 ,permits for ,,cites-listed species ,section #i7;c77#b7 of ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aech7;c77#b77 is amended to read as follows3 7#b7 ,an export from or import into the ,united ,states of fish or wildlife listed as a threatened species or an endangered species pursuant to section #d is lawful under this ,act and not subject to permit requirements or other regulations issued by the ,secretary with respect to exportation and importation pursuant to this ,act if-- 7,a7 such fish or wildlife is a species that is not native to the ,united ,states2 and 7,b7 with respect to the export or import1 each applicable requirement-- 7i7 of the ,convention is satisfied2 and 7ii7 of subsections 7d71 7e71 and 7f7 is satisfied4 4 #fjb4 ,utilize ,convention standard for permits applicable to non-native species ,section #aj7;a77#a77;,a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci7;a77#a77;,a77 is amended to read as follows3 7,a7 7i7 with respect to a species that is native to the ,united ,states1 any act otherwise prohibited by section #i for scientific purposes or to enhance the propagation or survival of the affected species1 including acts necessary for the establishment and maintenance of experimental populations pursuant to subsection 7j72 and 7ii7 with respect to a species that is not native to the ,united ,states1 any act otherwise prohibited by section #i that the ,secretary determines is not detrimental to the survival of the affected species1 including-- 7,i7 to export or re-import1 deliver1 receive1 carry1 transport1 or ship in interstate or foreign commerce in the course of a commercial activity2 7,,ii7 to buy or sell or offer for sale in interstate or foreign commerce2 and 7,,iii7 acts necessary for the establishment and maintenance of experimental populations pursuant to subsection 7j72 or 4 ,,vii ,restoring congressional intent #gja4 ,limiting agency regulations ,section #aa7;f7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aedj7;f77 is amended-- 7#a7 by striking ,the ,secretary1 and inserting the following3 7#a7 ,in general ,the ,secretary1 2 7#b7 in paragraph 7#a71 as so designated1 by striking to enforce this ,act and inserting to enforce this section and section #h;,a2 and 7#c7 by adding at the end the following3 7#b7 ,rule of construction ,this subsection may not be construed to be an independent source of authority to promulgate regulations to enforce the provisions of this ,act other than those included in this section and section #h;,a4 4