,,ib ,union ,calendar ,no4 #dhi #aaith ,,congress #b;d ,session ,h4 ,r4 #ahig ,report ,no4 #aai-efh ,,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 ,march #bd1 #bjbf ,additional sponsors3 ,ms4 ,boebert1 ,mr4 ,mc,dowell1 ,mr4 ,collins1 ,mr4 ,calvert1 ,mr4 ,walberg1 ,mr4 ,downing1 ,mr4 ,higgins of ,louisiana1 ,mr4 ,grothman1 ,mr4 ,latta1 ,mr4 ,rulli1 and ,mr4 ,thompson of ,pennsylvania ,march #bd1 #bjbf ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,march #f1 #bjbe ,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 ,sec4 #e4 ,renaming of ,endangered ,species ,act of #aigc to ,endangered ,species ,recovery ,act4 ,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 ,conservation ,benefit ,agreements4 ,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 ,designation of critical habitat4 ,sec4 #cje4 ,treatment of ,state1 ,tribal1 and local government data4 ,sec4 #cjf4 ,clarifying significant portion of range of species4 ,sec4 #cjg4 ,delisting criteria4 ,title ,,iv--,creating greater transparency and accountability in recovering listed species ,sec4 #dja4 ,requirement to publish basis for listings and critical habitat designations online4 ,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 ,sec4 #djf4 ,notification of ,congress of certain critical habitat designations4 ,sec4 #djg4 ,notification of ,congress of certain releases of experimental populations4 ,sec4 #djh4 ,annual cost analysis by the ,fish and ,wildlife ,service4 ,title ,v--,streamlining permitting process ,sec4 #eja4 ,limitation on reasonable and prudent measures4 ,sec4 #ejb4 ,successive consultations4 ,sec4 #ejc4 ,clarifying jeopardy4 ,sec4 #ejd4 ,clarifying action area4 ,sec4 #eje4 ,judicial review4 ,sec4 #ejf4 ,expansion of exemption process and eligibility under section #g of ,endangered ,species ,act of #aigc4 ,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 ,section #c7bj7 ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecb7bj77 is amended by-- 7#a7 striking ,the term and inserting 7,a7 ,the term2 and 7#b7 by adding at the end the following3 7,b7 ,for the purposes of applying subparagraph 7,a71 the term foreseeable future means the period of time extending into the future within which the ,secretary1 based on the best scientific and commercial data available1 is able to determine that a factor described in subparagraphs 7,a7 through 7,e7 of section #d7;a77#a7 is likely to occur with respect to the species4 4 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-- 7aa7 outside the current or historic range of the threatened species or endangered species2 or 7bb7 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 ,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 ,the terms best scientific and commercial data available and best scientific data available-- 7,a7 mean all relevant and objective scientific and commercial information available at the time of the agency action2 and 7,b7 include credible and reliable data1 quantitative analyses1 conceptual and numerical models1 and model results that-- 7i7 account for known or potential sources or error2 7ii7 are applied using prevailing principles1 methods1 tools1 and professional standards of practice2 and 7iii7 are impartially gathered and objectively applied without reliance on precautionary assumptions in favor of a species or other assumptions or policy prescriptions that bias the application4 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 defined ,in this section1 the term environmental baseline-- 7#a7 means the condition of the species or the critical habitat of the species in the area directly affected by the agency action at the time of the proposed agency action1 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 local1 and private actions and other human activities in the area directly affected by the agency action2 7,b7 the anticipated effects of each proposed ,federal project within the area directly affected by the agency action 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 7,d7 existing structures and facilities and the past1 present1 and future effects of the physical existence of such structures and facilities on the species or the critical habitat of the species2 and 7,e7 the effects of ,federal actions being carried out at the time of the proposed agency action and existing ,federal facilities that are not within the discretion of the ,secretary to modify4 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 #bhg1igh1jjj 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 #aje1djj1jjj 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 #e4 ,renaming of ,endangered ,species ,act of #aigc to ,endangered ,species ,recovery ,act 7a7 ,renaming ,the first section of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca note2 ,public ,law #ic-bje7 is amended by striking may be cited as the ,endangered ,species ,act of #aigc and inserting may be cited as the ,endangered ,species ,recovery ,act4 7b7 ,references ,any reference in a law1 map1 regulation1 document1 paper1 or other record of the ,united ,states to the ,endangered ,species ,act of #aigc shall be deemed to be a reference to the ,endangered ,species ,recovery ,act4 ,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;,b72 7,b7 any proposed or final determination under subsection 7a77#a7 required by a court order1 court decree1 or court-approved settlement agreement2 and 7,c7 any proposed or final designation of critical habitat under subsection 7a77#c7 required by a court order1 court decree1 or court-approved settlement agreement4 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 potential future listings of species considered on an emergency basis in that fiscal year4 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 the effects of the factors described in subparagraphs 7,a7 through 7,e7 of subsection 7a77#a7 on 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 the effects of the factors described in subparagraphs 7,a7 through 7,e7 of subsection 7a77#a7 on 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 #bjaf71 or any successor document4 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 time4 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 amendment ,section #d7;b77#c77;,b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;b77#c77;,b77 is amended by striking ,within #ab months and inserting ,in accordance with the national listing work plan submitted under subsection 7j714 ,,ii ,incentivizing wildlife conservation on private lands #bja4 ,conservation ,benefit ,agreements 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 section #aj7k77 of any approved ,conservation ,benefit ,agreement 7as that term is defined in such section7 relating to the species4 4 7b7 ,conservation ,benefit ,agreements ,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 ,conservation ,benefit ,agreements 7#a7 ,proposed ,agreement 7,a7 ,in general ,a covered party may submit a proposed ,agreement to the ,secretary4 7,b7 ,determination of completeness ,not later than #cj days after the date on which the ,secretary receives a proposed ,agreement1 the ,secretary shall-- 7i7 determine whether the proposed ,agreement is complete2 and 7ii7 if the ,secretary determines the proposed ,agreement is incomplete under clause 7i71 provide the covered party with a written explanation of such determination1 including any specific adjustment required for the ,secretary to determine the proposed ,agreement is complete4 7,c7 ,approval2 rejection ,not later than #abj days after the date on which the ,secretary receives a proposed ,agreement that the ,secretary determines under subparagraph 7,b77i7 is complete1 the ,secretary shall-- 7i7 approve the proposed ,agreement if the ,secretary determines that the proposed ,agreement-- 7,i7 is in compliance with1 as applicable1 section #ag4bb7;c77#a7 or #ag4cb7;c77#a7 of title #ej1 ,code of ,federal ,regulations 7or a successor regulation72 and 7,,ii7 provides assurances to the covered party that1 if the covered species becomes listed after the effective date of such ,agreement-- 7aa7 no additional conservation measures will be required2 and 7bb7 additional land1 water1 or resource use restrictions will not be imposed on the covered party2 7ii7 reject the proposed ,agreement if the ,secretary determines that the proposed ,agreement does not meet the requirements described in subclauses 7,i7 and 7,,ii7 of clause 7i72 and 7iii7 if the ,secretary rejects the proposed ,agreement under clause 7ii71 provide the submitting covered party a written explanation for such rejection1 including any specific adjustment required1 as of the date on which the ,secretary rejects the proposed ,agreement1 for the ,secretary to approve the proposed ,agreement4 7#b7 ,programmatic ,conservation ,benefit ,agreements ,the ,secretary may enter into a ,conservation ,benefit ,agreement with a covered party that authorizes such covered party-- 7,a7 to administer such ,conservation ,benefit ,agreement2 7,b7 to hold any permit issued under this section with regard to such ,conservation ,benefit ,agreement2 7,c7 to enroll other covered parties within the area covered by such ,conservation ,benefit ,agreement in such ,conservation ,benefit ,agreement2 and 7,d7 to convey any permit authorization held by such covered party under clause 7ii7 to each covered party enrolled under clause 7iii74 7#c7 ,take authorization ,if a covered species is listed as a threatened species or an endangered species under section #d1 the ,secretary1 consistent with the applicable ,agreement1 shall issue to the relevant covered party a permit under this section for the incidental take of and modification to the habitat of such covered species by such covered party4 7#d7 ,technical assistance ,the ,secretary shall1 upon the request of a covered party1 provide the covered party with technical assistance in developing a proposed ,agreement4 7#e7 ,applicability to ,federal land ,an ,agreement may apply with respect 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#f7 ,exemptions 7,a7 ,consultation ,section #g7;a77#b7 does not apply to the approval by the ,secretary of a proposed ,agreement under this subsection4 7,b7 ,disclosure ,information submitted by a private party to the ,secretary pursuant to this subsection shall be exempt from disclosure under section #eeb7;b77#c77;,b7 of title #e1 ,united ,states ,code4 7,c7 ,national ,environmental ,policy ,act of #aifi ,the approval by the ,secretary of a proposed ,agreement under this subsection 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 7#g7 ,definitions ,in this subsection3 7,a7 ,affected species ,the term affected species means a species-- 7i7 designated by the ,secretary as a candidate species under this ,act2 7ii7 proposed to be listed pursuant to section #d2 or 7iii7 that is declining and at risk of being designated by the ,secretary as a candidate species under this ,act4 7,b7 ,agreement ,the term ,agreement means-- 7i7 a ,conservation ,benefit ,agreement2 or 7ii7 a programmatic ,conservation ,benefit ,agreement4 7,c7 ,conservation ,benefit ,agreement ,the term ,conservation ,benefit ,agreement means the supporting document required for the issuance of a permit under subsection 7a77#a77;,a7 to enhance the propagation or survival of an affected species1 as described in the final rule issued by the ,united ,states ,fish and ,wildlife ,service titled ,endangered and ,threatened ,wildlife and ,plants2 ,enhancement of ,survival and ,incidental ,take ,permits 7#hi ,fed4 ,reg4 #bfjgj2 published ,april #ab1 #bjbd74 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 affected species that is the subject of such ,agreement4 7,f7 ,net conservation benefit ,the term net conservation benefit means the net effect of an ,agreement on the covered species1 determined by comparing the existing situation of the covered species without the ,agreement in effect and a situation in which the ,agreement is in effect1 including the net effect on-- 7i7 the effects of the factors described in subparagraphs 7,a7 through 7,e7 of subsection 7a77#a7 on the covered species2 7ii7 the number of individuals of the covered species2 or 7iii7 the habitat of the covered species4 7,g7 ,programmatic ,conservation ,benefit ,agreement ,the term programmatic ,conservation ,benefit ,agreement means a ,conservation ,benefit ,agreement described in paragraph 7#d74 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 covered by such permit4 7,e7 ,with respect to an action that is covered by a permit issued under subparagraph 7,b7 and consistent with the implementation of the related conservation plan1 the ,secretary shall not seek any additional mitigation measures through any other ,federal or ,state or local process from the permittee4 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 ,section #g7;a77#b7 does not apply to the issuance by the ,secretary of a permit under this subsection4 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 ,issuance 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 ,requirement ,in issuing a regulation under subparagraph 7,a71 the ,secretary1 consistent with the findings1 purposes1 and policy described in section #b and based on the best scientific and commercial data available1 shall consider the conservation and economic effects of such regulation4 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 #fj 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 on the website of the applicable department4 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 ,designation of critical habitat 7a7 ,not prudent determinations ,section #d7;a77#c77;,a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;a77#c77;,a77 is amended to read as follows3 7,a7 7i7 ,the ,secretary1 by regulation promulgated in accordance with subsection 7b7 and to the maximum extent prudent and determinable-- 7,i7 shall1 concurrently with making a determination under paragraph 7#a7 that a species is an endangered species or a threatened species1 designate any habitat of such species which is then considered to be critical habitat2 and 7,,ii7 may1 from time-to-time thereafter as appropriate1 revise such designation4 7ii7 ,the ,secretary may determine1 based on the best scientific data available1 that it is not prudent to designate habitat as described in clause 7i77,i7 for a species1 including if the ,secretary determines-- 7,i7 the species is determined under paragraph 7#a7 to be a threatened species or an endangered species because of take or other human activity and such designation will increase the degree of such take or other human activity2 7,,ii7 the species is determined under paragraph 7#a7 to be a threatened species or an endangered species because of a factor-- 7aa7 other than that described in subparagraph 7,a7 of that paragraph2 or 7bb7 that cannot be addressed through reasonable and prudent alternatives resulting from consultations carried out pursuant to section #g7;a77#b72 or 7,,iii7 the species primarily occurs in areas not under the jurisdiction of the ,united ,states and areas under the jurisdiction of the ,united ,states where the species occurs provide no more than a negligible conservation value to the species4 7iii7 ,notwithstanding clause 7i77,i71 if the ,secretary determines under clause 7ii7 that it is not prudent to designate habitat as described in clause 7i77,i71 the ,secretary is not required to so designate habitat for the species4 4 7b7 ,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 7c7 ,designation considerations ,section #d7;b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;b77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by inserting the impact on existing efforts of private landowners to conserve the species1 after impact on national security12 7,b7 by striking ,the ,secretary and inserting 7,a7 ,the ,secretary2 and 7,c7 by adding at the end the following3 7,b7 ,in addition to any area otherwise considered by the ,secretary for exclusion from critical habitat under subparagraph 7,a71 the ,secretary shall consider for exclusion from critical habitat any area-- 7i7 submitted by a person through public comment pursuant to paragraph 7#e7 or 7#f72 and 7ii7 for which such submission includes credible information regarding a meaningful economic impact1 impact on national security1 impact on existing efforts of private landowners to conserve the applicable species1 or other relevant impact of specifying the area as critical habitat that supports the exclusion from critical habitat of that area4 2 7#b7 in paragraph 7#e77;,a77i71 by striking 1 and and inserting the following3 1 including1 with respect to a proposed regulation to designate or revise critical habitat under subsection 7a77#c7-- 7,i7 a draft economic analysis that identifies any impacts on national security and existing efforts of private landowners to conserve the applicable species and other relevant impacts of the designation or revision that the ,secretary determines are within the area proposed for designation or covered by the revision2 and 7,,ii7 a draft exclusion analysis that identifies each area the ,secretary has reason to consider for exclusion under paragraph 7#b7 and why2 and 2 and 7#c7 in paragraph 7#f77;,a7-- 7,a7 in clause 7i77,,ii71 by striking made1 and inserting the following3 made1 including1 with respect to such a final regulation-- 7aa7 a final economic analysis that identifies any impacts on national security and existing efforts of private landowners to conserve the applicable species and other relevant impacts of the revision that the ,secretary determines are within the area covered by the revision2 and 7bb7 a final exclusion analysis that identifies each area the ,secretary has determined under paragraph 7#b7 to exclude from such revision and why2 2 and 7,b7 in clause 7ii77,i71 by striking 1 or and inserting the following3 1 including-- 7aa7 a final economic analysis that identifies any impacts on national security and existing efforts of private landowners to conserve the applicable species and other relevant impacts of the designation that the ,secretary determines are within the area proposed for designation2 and 7bb7 a final exclusion analysis that identifies each area the ,secretary has determined under paragraph 7#b7 to exclude from such designation and why2 or 4 #cje4 ,treatment of ,state1 ,tribal1 and local government data ,section #d7;b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;b77 is amended-- 7#a7 in paragraph 7#a77;,a71 by inserting data submitted to the ,secretary by a ,state1 ,tribal1 or local government1 and after account2 and 7#b7 in paragraph 7#b77;,a71 as so designated by section #cjd7;c77#a77;,b7 of this ,act1 by inserting data submitted to the ,secretary by a ,state1 ,tribal1 or local government1 as well as after consideration4 #cjf4 ,clarifying significant portion of range of species ,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 ,if the ,secretary determines under paragraph 7#a7 that a species is a threatened species or an endangered species in only a significant portion of the range of the species1 the ,secretary may only list the species under subsection 7c7 as a threatened species or an endangered species with respect to that portion of the range of the species4 4 #cjg4 ,delisting criteria ,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#d7 ,the ,secretary shall determine under paragraph 7#b77;,b77i7 that a species described in paragraph 7#b77;,a7 should be removed from a list described in that paragraph and shall remove such species from such list only if the ,secretary determines1 pursuant to a review conducted under that paragraph and based on the best scientific and commercial data available1 such species-- 7,a7 is extinct2 7,b7 is not a threatened species or an endangered species2 or 7,c7 is not a species4 4 ,,iv ,creating greater transparency and accountability in recovering listed species #dja4 ,requirement to publish basis for listings and critical habitat designations online ,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 7,a7 ,the ,secretary shall make publicly available on the website of the applicable department the best scientific and commercial data available that is used as the basis for each regulation1 including each proposed regulation1 promulgated under paragraphs 7#a7 and 7#c7 of subsection 7a74 7,b7 ,if a ,governor1 agency1 or legislature of a ,state determines that public disclosure of any best scientific and commercial data available described in subparagraph 7,a7 is prohibited by a law or regulation of the ,state1 including such a law or regulation requiring the protection of personal information-- 7i7 the ,governor1 agency1 or legislature of the ,state may submit to the ,secretary a request to exempt such best scientific and commercial data available from the application of subparagraph 7,a72 and 7ii7 the ,secretary shall so exempt such best scientific and commercial data available4 7,c7 ,subparagraph 7,a7 does not apply with respect to global positioning system coordinates or other geographically specific species location information4 7,d7 ,not later than #cj days after the date of the enactment of this paragraph1 the ,secretary shall execute an agreement with the ,secretary of ,war that prevents the disclosure under this paragraph of classified information pertaining to ,department of ,war 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 ,chair of the ,council on ,environmental ,quality1 in consultation with the ,secretary of the ,interior and ,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 year2 and 7#b7 make publicly available through the ,internet a searchable database1 updated monthly1 of the information described in subsection 7b74 7b7 ,included information ,each report submitted under subsection 7a7 shall include-- 7#a7 the case name and number of each covered suit1 and1 with respect to each 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 covered 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 ,chair of the ,council on ,environmental ,quality in a timely manner all information requested by the ,chair 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 ,federal ,government 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 to read as follows3 7#d7 7,a7 ,the court1 in issuing any final order in any suit brought pursuant to paragraph 7#a71 may award costs of litigation 7including reasonable attorney and expert witness fees7 to an eligible party1 whenever the court determines such award is appropriate4 7,b7 ,in awarding reasonable attorney and expert witness fees under subparagraph 7,a7 in a suit brought pursuant to paragraph 7#a71 the court-- 7i7 shall base such fees on the prevailing market rates for the kind and quality of services furnished2 and 7ii7 may not award-- 7,i7 such fees at a rate that exceeds #abe per hour unless the court determines a higher rate is justified because of cost of living or a special factor1 such as the limited availability of qualified attorneys for such suit2 or 7,,ii7 more than #bjj1jjj total in such fees in a single such suit4 7,c7 7i7 ,in this paragraph1 the term eligible party-- 7,i7 means a party to a suit brought pursuant to paragraph 7#a7 that is1 as of the date on which the suit was initiated-- 7aa7 an individual who has a net worth of not more than #b1jjj1jjj2 7bb7 an owner of an unincorporated business or a partnership1 corporation1 association1 unit of local government1 or organization1 including an organization that is described in section #eja7;c77#c7 of the ,internal ,revenue ,code and exempt from taxation under section #eja7;a7 of such ,code1 that has-- 7,,aa7 a net worth of not more than #g1jjj1jjj1 including both personal and business interests2 and 7,,bb7 not more than #ejj employees2 or 7cc7 a cooperative association 7as that term is defined in section #ae7;a7 of the ,agriculture ,marketing ,act 7#ab ,u4,s4,c4 #aada;j7a7772 and 7,,ii7 does not include a party to a suit brought pursuant to paragraph 7#a7 otherwise described in clause 7i7 of this subparagraph that has sought to recover attorney or expert witness fees under this subsection in #c or more instances in the #ab-month period preceding the date on which the final order in such suit is issued1 including in such suit4 7ii7 ,where #b or more parties to a suit brought pursuant to paragraph 7#a7 are co-plaintiffs and each such party individually is an eligible party1 clause 7i77,i7 shall be applied to such parties collectively4 4 #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#e7 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 ,the analysis is to be prepared in coordination with the ,states1 local governments1 and ,tribes impacted by the determination4 7,c7 ,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 #djf4 ,notification of ,congress of certain critical habitat designations ,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,d7 7i7 ,the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a notification of any proposed designation of critical habitat under subparagraph 7,a7 of an area greater than #ej1jjj acres4 7ii7 ,a notification submitted under clause 7i7 shall include-- 7,i7 a description of the area proposed to be designated as critical habitat2 7,,ii7 an inventory and evaluation of the natural resource uses and values of the area and adjacent public and nonpublic land and the economic impact of the proposed designation on individuals1 local communities1 and the ,united ,states2 7,,iii7 an identification of users of the area and how such users will be affected by the proposed designation2 7,,iv7 an analysis of the manner in which existing and potential natural resource uses are incompatible with or in conflict with the proposed designation and a statement of the provisions to be made for continuation or termination of existing such uses1 including an economic analysis of such continuation or termination2 7,v7 a statement of the consultation which has been or will be had with other ,federal departments and agencies1 regional1 ,state1 and local government bodies1 and other appropriate individuals and groups with respect to the proposed designation2 and 7,,vi7 a statement indicating the effect of the proposed designation1 if any1 on ,state and local government interests and the regional economy4 4 #djg4 ,notification of ,congress of certain releases of experimental populations ,section #aj7;j7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci7;j77 is amended by adding at the end the following3 7#d7 7,a7 ,the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a notification of any proposed release under this subsection that covers an area greater than #ej1jjj acres4 7,b7 ,a notification submitted under subparagraph 7,a7 shall include-- 7i7 a description of the area covered by the proposed release2 7ii7 an inventory and evaluation of the natural resource uses and values of the area and adjacent public and nonpublic land and the economic impact of the proposed release on individuals1 local communities1 and the ,united ,states2 7iii7 an identification of users of the area1 and how such users will be affected by the proposed release2 7iv7 an analysis of the manner in which existing and potential natural resource uses are incompatible with or in conflict with the proposed release and a statement of the provisions to be made for continuation or termination of existing such uses1 including an economic analysis of such continuation or termination2 7v7 a statement of the consultation which has been or will be had with other ,federal departments and agencies1 regional1 ,state1 and local government bodies1 and other appropriate individuals and groups with respect to the proposed release2 and 7vi7 a statement indicating the effect of the proposed release1 if any1 on ,state and local government interests and the regional economy4 4 #djh4 ,annual cost analysis by the ,fish and ,wildlife ,service ,section #ah of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aedd7 is amended-- 7#a7 by inserting 1 and make publicly available on the website data4gov1 after to the ,congress2 and 7#b7 in paragraph 7#a71 by inserting 1 including any such expenditures made with respect to an experimental population 7as that term is defined in section #aj7;j77 after to this ,act4 ,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 in subparagraph 7,a71 by adding and at the end2 7#b7 in subparagraph 7,b71 by striking and at the end2 7#c7 by striking subparagraph 7,c72 7#d7 by striking taking on the species1 and inserting taking on the species1 including1 as necessary1 through the use of a substitute used to represent a listed species1 habitat1 or an ecological function to express the amount or extent of such incidental taking22 7#e7 by striking minimize such impact1 and inserting minimize such impact and that do not propose1 recommend1 or require the ,federal agency or the applicant concerned1 if any1 to mitigate or offset such impact2 and2 7#f7 by striking measures specified under clauses 7ii7 and 7iii7 and inserting measures specified under clause 7ii72 7#g7 by striking clause 7iii72 and 7#h7 by redesignating clause 7iv7 as clause 7iii74 #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 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 agency action that occurs #aj years or more after the date on which the initial consultation for the agency action was completed1 the ,secretary shall determine whether continuing to implement the reasonable and prudent alternative or reasonable and prudent measure will materially increase the likelihood of and reduce the time for recovery of the applicable threatened species or endangered species4 7,b7 ,if the ,secretary determines under subparagraph 7,a7 that continued implementation of the reasonable and prudent alternative or reasonable and prudent measure will not materially increase the likelihood of and shorten the time for the recovery of the applicable threatened species or endangered species1 the ,federal agency shall discontinue implementation of the reasonable and prudent alternative or reasonable and prudent measure notwithstanding subsection 7a77#b74 4 #ejc4 ,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 7,a7 ,in carrying out a consultation under paragraph 7#b7 or a conference under paragraph 7#d71 the ,secretary-- 7i7 except as provided in clause 7ii71 may only consider the effects of the action that is the subject of such consultation or conference that the ,secretary determines1 based on clear and substantial information1 using the best scientific and commercial data available1 and in accordance with subparagraphs 7,b7 and 7,c71 respectively1 are caused by the action itself and are reasonably certain to occur2 and 7ii7 shall consider as a beneficial effect of the action that is the subject of such consultation or conference any avoidance1 minimization1 or mitigation measure proposed by the applicable ,federal agency or the applicant1 if any4 7,b7 ,in determining whether an effect of an action described in subparagraph 7,a77i7 is caused by the action itself1 the ,secretary shall consider whether-- 7i7 the effect is so remote in time from the action under consultation that it is not reasonably certain to occur2 7ii7 the effect is so geographically remote from the immediate area involved in the action that it is not reasonably certain to occur2 7iii7 the effect is only reached through a lengthy causal chain such that the effect not reasonably certain to occur2 7iv7 the applicable ,federal agency does not have the ability to prevent the effect due to its limited statutory authority2 or 7v7 would occur regardless of whether the action is carried out4 7,c7 ,in determining whether an effect of an action described in subparagraph 7,a77i7 is reasonably certain to occur1 the ,secretary shall consider factors including the following3 7i7 ,experiences with other such actions that are similar in scope1 nature1 and magnitude to the applicable such action4 7ii7 ,plans for such action4 7iii7 ,any economic1 administrative1 or legal requirement necessary for the action to be carried out that has not been fulfilled4 7iv7 ,whether the effect has been observed previously and to what extent4 7,d7 ,in carrying out a consultation under paragraph 7#b7 or a conference under paragraph 7#d71 the ,secretary may not consider an effect of the action that is the subject of such consultation or conference for which there is not clear and substantial information for the ,secretary to base a determination on under subparagraph 7,a77i7 that the effect of the action is reasonably certain to occur4 7,e7 ,in this paragraph1 the terms effect of the action and effects of the action mean a consequence or all consequences1 respectively1 to listed species or critical habitat that is or are caused by the proposed action4 4 #ejd4 ,clarifying action area ,section #g7;b77#c77;,a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;b77#c77;,a77 is amended to read as follows3 7,a7 7i7 ,promptly after conclusion of consultation under paragraph 7#b7 or 7#c7 of subsection 7a71 the ,secretary shall provide to the ,federal agency and the applicant1 if any1 a written statement setting forth the ,secretary's opinion1 and a summary of the information on which the opinion is based1 detailing how the agency action affects the species or its critical habitat within the area directly affected by the agency action1 which such area may not be speculative or remote in time or distance from the agency action4 ,in so doing1 the ,secretary shall differentiate the effects of the agency action from the environmental baseline4 7ii7 ,if jeopardy or adverse modification is found1 the ,secretary1 in cooperation and consultation with the ,federal agency and applicant1 if any1 shall consider a range of reasonable and prudent alternatives and suggest from among that range those reasonable and prudent alternatives which the ,secretary believes-- 7,i7 would not violate subsection 7a77#b72 7,,ii7 can be taken by the ,federal agency or applicant1 if any1 in implementing the agency action2 7,,iii7 are economically and technologically feasible for the ,federal agency and applicant1 if any1 to implement2 and 7,,iv7 impose the fewest economic and other relevant costs for the applicant1 if any4 4 #eje4 ,judicial review ,section #g7n7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7n77 is amended-- 7#a7 by striking ,any person1 as defined by section #c7ac7 of this ,act1 and inserting 7#a7 ,any person2 7#b7 in paragraph 7#a71 as so designated1 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively2 and 7#c7 by adding at the end the following3 7#b7 ,any person may obtain judicial review1 under chapter #g of title #e of the ,united ,states ,code1 of any opinion issued by the ,secretary under subsection 7b7 of this section in the ,united ,states ,court of ,appeals for the ,district of ,columbia by filing in such court not later than #aej days after the date on which the opinion is issued a written petition for review4 4 #ejf4 ,expansion of exemption process and eligibility under section #g of ,endangered ,species ,act of #aigc ,section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7 is amended-- 7#a7 in subsection 7g7-- 7,a7 in paragraph 7#a71 to read as follows3 7#a7 7,a7 ,a ,federal agency1 the ,governor of the ,state in which an agency action will occur1 if any1 or a permit or license applicant may apply to the ,secretary for an exemption for an agency action of such agency if1 after consultation under subsection 7a77#b71 the ,secretary's opinion under subsection 7b7 indicates that-- 7i7 the agency action would violate subsection 7a77#b72 or 7ii7 a reasonable and prudent alternative necessary for the agency action to comply with subsection 7a77#b7 may-- 7,i7 impair national security2 or 7,,ii7 result in significant adverse national or regional economic impacts4 7,b7 ,an application for an exemption shall be considered initially by the ,secretary in the manner provided for in this subsection1 and shall be considered by the ,committee for a final determination under subsection 7h7 after a report is made pursuant to paragraph 7#e74 7,c7 ,the applicant for an exemption shall be referred to as the exemption applicant in this section4 2 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 to read as follows3 7,a7 determine-- 7i7 that the ,federal agency concerned and the exemption applicant have-- 7,i7 carried out the consultation responsibilities described in subsection 7a7 in good faith and made a reasonable and responsible effort to develop and fairly consider reasonable and prudent alternatives to the proposed agency action which would not violate subsection 7a77#b72 7,,ii7 conducted any biological assessment required by subsection 7c72 and 7,,iii7 to the extent determinable within the time provided herein1 refrained from making any irreversible or irretrievable commitment of resources prohibited by subsection 7d72 and 7ii7 if the exemption applicant submitted to the ,secretary the application for exemption pursuant to paragraph 7#a77;,a77ii71 whether a reasonable and prudent alternative necessary for the proposed agency action to comply with subsection 7a77#b7 may-- 7,i7 impair national security2 or 7,,ii7 result in significant adverse national or regional economic impacts2 or 2 and 7ii7 in subparagraph 7,b71 by striking 7i71 7ii71 and 7iii72 7,c7 in paragraph 7#d71 by striking 7i71 7ii7 and 7iii72 and 7,d7 in paragraph 7#e7-- 7i7 by redesignating subparagraphs 7,b7 through 7,d7 as subparagraphs 7,c7 through 7,e71 respectively2 and 7ii7 by inserting after subparagraph 7,a7 the following3 7,b7 if the exemption applicant submitted to the ,secretary the application for exemption pursuant to paragraph 7#a77;,a77ii71 after consultation with the ,national ,security ,council regarding potential impacts to national security and the ,director of the ,national ,economic ,council regarding potential significant adverse national and regional economic impacts1 any impairment to national security or significant adverse national or regional economic impacts that would result from a reasonable and prudent alternative necessary for the agency action to comply with subsection 7a77#b71 including a description of the analysis and conclusions produced by the ,national ,security ,council and the ,director of the ,national ,economic ,council as a result of each such consultation2 2 and 7#b7 in subsection 7h77#a77;,a77i71 to read as follows3 7i7 7,i7 there are no reasonable and prudent alternatives to the agency action2 or 7,,ii7 with respect to an agency action the application for exemption of which was submitted to the ,secretary pursuant to subsection 7g77#a77;,a77ii71 a reasonable and prudent alternative necessary for the agency action to comply with subsection 7a77#b7 may-- 7aa7 impair national security2 or 7bb7 result in significant adverse national or regional economic impacts2 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-- 7i7 is a species that is not native to the ,united ,states2 and 7ii7 is listed in ,appendix ,i or ,,ii of the ,convention2 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#a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci7;a77#a77 is amended-- 7#a7 in subparagraph 7,a71 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 species1 including-- 7,i7 the export or import1 delivery1 receipt1 carrying1 transporting1 or shipping in interstate or foreign commerce2 and 7,,ii7 buying or selling or offering for sale in interstate or foreign commerce2 or 2 and 7#b7 by adding at the end the following3 7,c7 ,in this subsection1 the term is not detrimental to the survival of the species means-- 7i7 7,i7 will not have a negative effect on the status of the species in the wild2 7,,ii7 is not a use or removal from the wild that will result in the loss or destruction of critical habitat of the species2 and 7,,iii7 will not directly interfere with recovery efforts with respect to the species2 or 7ii7 is an activity-- 7,i7 involving wildlife described in section #ag4ba7;g77#a7 of title #ej1 ,code of ,federal ,regulations2 and 7,,ii7 that satisfies the conditions for registration under clauses 7iii7 through 7v7 of that section4 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 ,march #bd1 #bjbf ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed