| Subtitle B--Endangered and Threatened
Species Recovery SEC.
711. PURPOSES.
The purposes of this
subtitle are the following:
(1) To provide a
dedicated source of funding to the United States Fish
and Wildlife Service and the National Marine
Fisheries Service for the purpose of implementing an
incentives program to promote the recovery of
endangered species and threatened species and the
habitat upon which they depend.
(2) To promote
greater involvement by non-Federal entities in the
recovery of the Nation's endangered species and
threatened species and the habitat upon which they
depend.
SEC. 712. TREATMENT OF
AMOUNTS TRANSFERRED FROM CONSERVATION AND REINVESTMENT
ACT FUND.
Amounts transferred to
the Secretary of the Interior under section 5(b)(8) of
this Act in a fiscal year shall be available to the
Secretary of the Interior without further appropriation
to carry out this subtitle.
SEC. 713. ENDANGERED AND
THREATENED SPECIES RECOVERY ASSISTANCE.
(a) Financial
Assistance.--The Secretary may use amounts made available
under section 712 to provide financial assistance to any
person for development and implementation of Endangered
and Threatened Species Recovery Agreements entered into
by the Secretary under section 714.
(b) Priority.--In
providing assistance under this section, the Secretary
shall give priority to the development and implementation
of species recovery agreements that--
(1) implement
actions identified under recovery plans approved by
the Secretary under section 4(f) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(f));
(2) have the
greatest potential for contributing to the recovery
of an endangered or threatened species; and
(3) to the extent
practicable, require use of the assistance on land
owned by a small landowner.
(c) Prohibition on
Assistance for Required Activities.--The Secretary may
not provide financial assistance under this section for
any action that is required by a permit issued under
section 10(a)(1)(B) of the Endangered Species Act of 1973
(16 U.S.C. 1539(a)(1)(B)) or an incidental take statement
issued under section 7 of that Act (16 U.S.C. 1536), or
that is otherwise required under that Act or any other
Federal law.
(d) Payments Under Other
Programs.--
(1) Other payments
not affected.--Financial assistance provided to a
person under this section shall be in addition to,
and shall not affect, the total amount of payments
that the person is otherwise eligible to receive
under the conservation reserve program established
under subchapter B of chapter 1 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C.
3831 et seq.), the wetlands reserve program
established under subchapter C of that chapter (16
U.S.C. 3837 et seq.), or the Wildlife Habitat
Incentives Program established under section 387 of
the Federal Agriculture Improvement and Reform Act of
1996 (16 U.S.C. 3836a).
(2) Limitation.--A
person may not receive financial assistance under
this section to carry out activities under a species
recovery agreement in addition to payments under the
programs referred to in paragraph (1) made for the
same activities, if the terms of the species recovery
agreement do not require financial or management
obligations by the person in addition to any such
obligations of the person under such programs.
SEC. 714. ENDANGERED AND
THREATENED SPECIES RECOVERY AGREEMENTS.
(a) In General.--The
Secretary may enter into Endangered and Threatened
Species Recovery Agreements for purposes of this subtitle
in accordance with this section.
(b) Required Terms.--The
Secretary shall include in each species recovery
agreement provisions that--
(1) require the
person--
(A) to carry out
on real property owned or leased by the person
activities not otherwise required by law that
contribute to the recovery of an endangered or
threatened species;
(B) to refrain
from carrying out on real property owned or
leased by the person otherwise lawful activities
that would inhibit the recovery of an endangered
or threatened species; or
(C) to do any
combination of subparagraphs (A) and (B);
(2) describe the
real property referred to in paragraph (1)(A) and (B)
(as applicable);
(3) specify species
recovery goals for the agreement, and measures for
attaining such goals;
(4) require the
person to make measurable progress each year in
achieving those goals, including a schedule for
implementation of the agreement;
(5) specify actions
to be taken by the Secretary or the person (or both)
to monitor the effectiveness of the agreement in
attaining those recovery goals;
(6) require the
person to notify the Secretary if--
(A) any right or
obligation of the person under the agreement is
assigned to any other person; or
(B) any term of
the agreement is breached by the person or any
other person to whom is assigned a right or
obligation of the person under the
agreement;
(7) specify the date
on which the agreement takes effect and the period of
time during which the agreement shall remain in
effect;
(8) provide that the
agreement shall not be in effect on and after any
date on which the Secretary publishes a certification
by the Secretary that the person has not complied
with the agreement; and
(9) allocate
financial assistance provided under this subtitle for
implementation of the agreement, on an annual or
other basis during the period the agreement is in
effect based on the schedule for implementation
required under paragraph (4).
(c) Review and Approval
of Proposed Agreements.--Upon submission by any person of
a proposed species recovery agreement under this section,
the Secretary--
(1) shall review the
proposed agreement and determine whether it complies
with the requirements of this section and will
contribute to the recovery of endangered or
threatened species that are the subject of the
proposed agreement;
(2) propose to the
person any additional provisions necessary for the
agreement to comply with this section; and
(3) if the Secretary
determines that the agreement complies with the
requirements of this section, shall approve and enter
with the person into the agreement.
(d) Monitoring
Implementation of Agreements.--The Secretary
shall--
(1) periodically
monitor the implementation of each species recovery
agreement entered into by the Secretary under this
section; and
(2) based on the
information obtained from that monitoring, annually
or otherwise disburse financial assistance under this
subtitle to implement the agreement as the Secretary
determines is appropriate under the terms of the
agreement.
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SEC. 704. ENDANGERED AND
THREATENED SPECIES RECOVERY AGREEMENTS. (a) IN GENERAL-
The Secretary may enter into Endangered and Threatened
Species Recovery Agreements for purposes of this title in
accordance with this section.
(b)
REQUIRED TERMS- The Secretary shall include in each
species recovery agreement provisions that--
(1)
require the person--
(A)
to carry out on real property owned or leased by
the person activities not otherwise required by
law that contribute to the recovery of an
endangered or threatened species;
(B)
to refrain from carrying out on real property
owned or leased by the person otherwise lawful
activities that would inhibit the recovery of an
endangered or threatened species; or
(C)
to do any combination of subparagraphs (A) and
(B);
(2)
describe the real property referred to in paragraph
(1)(A) and (B) (as applicable);
(3)
specify species recovery goals for the agreement, and
measures for attaining such goals;
(4)
require the person to make measurable progress each
year in achieving those goals, including a schedule
for implementation of the agreement;
(5)
specify actions to be taken by the Secretary or the
person (or both) to monitor the effectiveness of the
agreement in attaining those recovery goals;
(6)
require the person to notify the Secretary if--
(A)
any right or obligation of the person under the
agreement is assigned to any other person; or
(B)
any term of the agreement is breached by the
person or any other person to whom is assigned a
right or obligation of the person under the
agreement;
(7)
specify the date on which the agreement takes effect
and the period of time during which the agreement
shall remain in effect;
(8)
provide that the agreement shall not be in effect on
and after any date on which the Secretary publishes a
certification by the Secretary that the person has
not complied with the agreement; and
(9)
allocate financial assistance provided under this
subtitle for implementation of the agreement, on an
annual or other basis during the period the agreement
is in effect based on the schedule for implementation
required under paragraph (4).
(c)
REVIEW AND APPROVAL OF PROPOSED AGREEMENTS- Upon
submission by any person of a proposed species recovery
agreement under this section, the Secretary--
(1)
shall review the proposed agreement and determine
whether it complies with the requirements of this
section and will contribute to the recovery of
endangered or threatened species that are the subject
of the proposed agreement;
(2)
propose to the person any additional provisions
necessary for the agreement to comply with this
section; and
(3)
if the Secretary determines that the agreement
complies with the requirements of this section, shall
approve and enter with the person into the agreement.
(d)
MONITORING IMPLEMENTATION OF AGREEMENTS- The Secretary
shall--
(1)
periodically monitor the implementation of each
species recovery agreement entered into by the
Secretary under this section; and
(2)
based on the information obtained from that
monitoring, annually or otherwise disburse financial
assistance under this subtitle to implement the
agreement as the Secretary determines is appropriate
under the terms of the agreement.
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