Collaboration for the Recovery of Endangered Species Act - Amends the Endangered Species Act of 1973 (ESA) to revise the role of states and private landowners in the recovery of endangered species.
State Government Assistance in Recovery Act - Revises provisions of ESA allowing the Secretary of the Interior to enter into cooperative agreements with states for the recovery of endangered species.
Priority for Listing and Recovery Act - Revises provisions of ESA relating to the determination of endangered and threatened species to require the Secretary to establish: (1) a revised system of priorities for making endangered and threatened species determinations; (2) a schedule for making such determinations; and (3) revised recovery programs for the preservation of endangered species and recovery teams to implement such programs.
Incentives for Species Recovery Act - Establishes a system of conservation banks for the exchange of conservation credits by private landowners engaged in the recovery of endangered species.
Allows the issuance of provisional permits for the continuation of certain activities on potential endangered species habitats until a habitat conservation plan is approved.
Amends the Internal Revenue Code to allow: (1) a tax deduction for credits purchased from a conservation bank; and (2) a tax credit for ESA-related conservation and recovery costs.
Amends the Healthy Forests Restoration Act of 2003 to protect landowners enrolled in certain ESA recovery plans from liability for incidental takings of endangered species.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2110 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 2110
To amend the Endangered Species Act of 1973 to enhance the role of
States in the recovery of endangered species and threatened species, to
implement a species conservation recovery system, to establish certain
recovery programs, to provide Federal financial assistance and a system
of incentives to promote the recovery of species, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 15, 2005
Mr. Crapo (for himself, Mrs. Lincoln, Mr. Thomas, and Mr. Allard)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To amend the Endangered Species Act of 1973 to enhance the role of
States in the recovery of endangered species and threatened species, to
implement a species conservation recovery system, to establish certain
recovery programs, to provide Federal financial assistance and a system
of incentives to promote the recovery of species, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Collaboration for
the Recovery of Endangered Species Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--STATE GOVERNMENT ASSISTANCE
Sec. 101. Short title.
Sec. 102. Cooperation with the States.
TITLE II--PRIORITY FOR LISTING AND RECOVERY
Sec. 201. Short title.
Sec. 202. Determination and recovery of endangered species and
threatened species.
TITLE III--INCENTIVES FOR SPECIES RECOVERY
Sec. 301. Short title.
Sec. 302. Conservation banks.
Sec. 303. Exceptions.
Sec. 304. Technical corrections.
Sec. 305. Tax incentives.
TITLE IV--PROTECTIONS AND MEASURES IN FORESTS
Sec. 401. Protections and measures.
TITLE I--STATE GOVERNMENT ASSISTANCE
SEC. 101. SHORT TITLE.
This title may be cited as the ``State Government Assistance in
Recovery Act''.
SEC. 102. COOPERATION WITH THE STATES.
Section 6 of the Endangered Species Act (16 U.S.C. 1535) is
amended--
(1) in subsection (c), by adding at the end the following:
``(3) Cooperative agreements.--
``(A) Agreements.--
``(i) In general.--A cooperative agreement
entered into by the Secretary under this
subsection may provide for development of a
program for the conservation of--
``(I) a species determined to be a
candidate species under section
4(b)(3)(B)(iii); or
``(II) any other species that the
State and the Secretary agree is likely
to be determined to be an endangered
species or threatened species under
section 4(a)(1).
``(ii) Application of take statement.--
After consultation on the cooperative agreement
in accordance with subsection (e)(2), any
incidental take statement issued on the
cooperative agreement shall apply to any
species described in clause (i) and to the
State and any landowners enrolled in any
program under the cooperative agreement,
without further consultation (except any
additional consultation required under
subsection (e)(2)), if--
``(I) the species is subsequently
determined to be an endangered species
or a threatened species; and
``(II) the cooperative agreement
remains an adequate and active program
for the conservation of endangered
species and threatened species.
``(B) Monitoring.--A cooperative agreement entered
into by the Secretary under this subsection may provide
for monitoring, or assistance in monitoring, the status
of--
``(i) a candidate species in accordance
with section 4(b)(3)(C)(iii); or
``(ii) a species that is determined to be
recovered, and that is delisted, in accordance
with section 4.
``(4) Enrollment of land or water rights.--A cooperative
agreement entered into by the Secretary under this subsection
that provides for the enrollment of private land or water
rights in any program established by the cooperative agreement
shall ensure that the decision to enroll is voluntary for each
owner of the land or water rights.'';
(2) in subsection (d)(1)--
(A) in the first sentence--
(i) by striking ``pursuant to subsection
(c) of this section''; and
(ii) by striking ``or to assist'' and all
that follows through ``section 4(g)'' and
inserting ``under paragraphs (1) or (2) of
subsection (c) or section 4(b)(5)(C), or to
address candidate species or other species at
risk and recovered species under subsection
(c)(3)''; and
(B) in subparagraph (F), by striking ``monitoring
the status of candidate species'' and inserting
``developing a conservation program for, or monitoring
the status of, candidate species or other species
determined to be at risk under subsection (c)(3)''; and
(3) by striking subsection (e) and inserting the following:
``(e) Review of State Programs.--
``(1) In general.--Any action taken by the Secretary under
this section shall be subject to periodic review by the
Secretary at least every 3 years.
``(2) Applicable authority.--A cooperative agreement
entered into by the Secretary under subsection (c) shall be
subject to subsections (a)(2) through (d) of section 7
(including implementing regulations) only before the date on
which--
``(A) the Secretary enters into the cooperative
agreement; or
``(B) the Secretary approves any renewal of, or
amendment to, the cooperative agreement that--
``(i) addresses species that--
``(I) are determined to be
endangered species or threatened
species;
``(II) are not addressed in the
cooperative agreement; and
``(III) may be affected by the
cooperative agreement; or
``(ii) contains new information about any
species addressed in the cooperative agreement
that the Secretary determines--
``(I) constitutes the best
scientific and commercial data
available; and
``(II) indicates that the
cooperative agreement may have adverse
effects on the species that had not
been considered previously when the
cooperative agreement was entered into
or during any revision of or amendment
to the cooperative agreement.
``(3) Suspension of cooperative agreement.--The Secretary
may suspend a cooperative agreement entered into by the
Secretary under subsection (c), after consultation with the
Governor of the affected State, if Secretary finds during the
periodic review required by paragraph (1) that the cooperative
agreement no longer constitutes an adequate and active program
for the conservation of endangered species and threatened
species.
``(4) Termination of cooperative agreement.--The Secretary
may terminate a cooperative agreement entered into by the
Secretary under subsection (c), after consultation with the
Governor of the affected State, if--
``(A) as result of subsections (a)(2) through (d)
of section 7 (including implementing regulations), the
Secretary determines that--
``(i) continued implementation of the
cooperative agreement is likely--
``(I) to jeopardize the continued
existence of endangered species or
threatened species; or
``(II) to result in the destruction
or adverse modification of critical
habitat; and
``(ii) the cooperative agreement is not
amended or revised to incorporate a reasonable
and prudent alternative offered by the
Secretary under section 7(b)(3); or
``(B) the cooperative agreement--
``(i) has been suspended under paragraph
(3); and
``(ii) as of the date that is 180 days
after the date of the suspension, has not been
amended or revised and found by the Secretary
to constitute an adequate and active program
for the conservation of endangered species and
threatened species.''.
TITLE II--PRIORITY FOR LISTING AND RECOVERY
SEC. 201. SHORT TITLE.
This title may be cited as the ``Priority for Listing and Recovery
Act''.
SEC. 202. DETERMINATION AND RECOVERY OF ENDANGERED SPECIES AND
THREATENED SPECIES.
(a) In General.--Section 4 of the Endangered Species Act of 1973
(16 U.S.C. 1533) is amended--
(1) by striking the section heading and all that follows
through ``(a) General.--(1) The Secretary'' and inserting the
following:
``SEC. 4. DETERMINATION AND RECOVERY OF ENDANGERED SPECIES AND
THREATENED SPECIES.
``(a) In General.--
``(1) Factors.--The Secretary'';
(2) in subsection (a)(3)(A), by striking clause (i) and
inserting the following:
``(i) shall designate any habitat of an endangered species
or a threatened species that is considered to be critical
habitat in accordance with the priority system established
under subsection (b); and''; and
(3) in subsection (b)--
(A) by striking ``(b) Basis for Determinations.--
(1)(A) The Secretary'' and inserting the following:
``(b) Basis, Priority, and Schedule for Decisions.--
``(1) Basis for decisions.--
``(A) In general.--The Secretary'';
(B) in paragraph (1), by striking ``(B) In carrying
out'' and inserting the following:
``(B) Considerations.--In carrying out'';
(C) in paragraph (2), by striking ``(2) The
Secretary'' and inserting the following:
``(2) Designation of critical habitat.--The Secretary'';
(D) by redesignating paragraphs (5) through (8) as
paragraphs (7) through (10), respectively;
(E) in paragraph (3)--
(i) by striking ``(3)(A) To'' and inserting
the following:
``(5) Petition.--
``(A) In general.--To'';
(ii) in subparagraph (B)--
(I) by striking ``(B) Within 12
months'' and inserting the following:
``(B) Findings.--In accordance with the schedule
established under paragraph (4), and not later than 3
years'';
(II) in clause (ii), by striking
``paragraph (5)'' and inserting
``paragraph (7)'';
(III) in clause (iii)(I), by
striking ``paragraphs (5) and (6)'' and
inserting ``paragraphs (7) and (8)'';
and
(IV) by indenting clauses (i)
through (iii) and subclauses (I) and
(II) appropriately;
(iii) in subparagraph (C)--
(I) by striking ``(C)(i) A
petition'' and inserting the following:
``(C) Other requirements.--
``(i) Treatment of certain petitions.--A
petition'';
(II) in clause (ii), by striking
``(ii) Any'' and inserting the
following:
``(ii) Judicial review.--Any''; and
(III) in clause (iii)--
(aa) by striking ``(iii)
The Secretary'' and inserting
the following:
``(iii) Monitoring.--The Secretary''; and
(bb) by striking
``paragraph 7'' and inserting
``paragraph (9)''; and
(iv) in subparagraph (D)--
(I) by striking ``(D)(i) To the
maximum extent practicable, within 90
days'' and inserting the following:
``(D) Substantial scientific information.--
``(i) In general.--In accordance with the
schedule described in paragraph (4), and not
later than 1 year''; and
(II) in clause (ii), by striking
``(ii) Within 12 months'' and inserting
the following:
``(ii) Intent to proceed.--In accordance
with the schedule described in paragraph (4),
and not later than 3 years'';
(F) in paragraph (4), by striking ``(4) Except as
provided in paragraphs (5) and (6) of this subsection''
and inserting the following:
``(6) Rulemaking procedures.--Except as provided in
paragraphs (7) and (8)'';
(G) in paragraph (7)(A) (as redesignated by
subparagraph (C))--
(i) in clause (i), by striking ``, and''
and inserting a semicolon; and
(ii) by striking clause (ii) and inserting
the following:
``(ii) give actual notice of the proposed
regulation (including the complete text of the
regulation) to, and invite the comment of--
``(I) the State agency in each State in
which the species is believed to occur;
``(II) each county or equivalent
jurisdiction in which the species is believed
to occur; and
``(III) any county or municipality that has
administrative jurisdiction over the area; and
``(iii) with respect to a regulation to designate
or revise a designation of critical habitat--
``(I) publish maps and coordinates that
describe, in detail, the specific areas that
meet the definition under section 3 of, and are
designated under subsection (a)(3) as, critical
habitat, and all field survey data upon which
the designation is based; and
``(II) maintain the maps, coordinates, and
data on a publicly accessible Internet page of
the Department; and
``(iv) include in each of the notices required
under this subparagraph a reference to the Internet
page described in clause (iii)(II);'';
(H) in paragraph (8) (as redesignated by
subparagraph (C))--
(i) in subparagraph (A), by striking
``paragraph (5)(A)(i)'' and inserting
``paragraph (7)(A)(i)'';
(ii) in subparagraph (C), by striking the
matter preceding clause (i) and inserting the
following:
``(C) Final regulation.--Either 3 years after the
date on which a recovery program is commissioned or in
accordance with the schedule described in paragraph
(4), and in no case later than 5 years after the date
on which an endangered species or threatened species is
listed under this Act, the Secretary shall publish a
final regulation designating the critical habitat of
the endangered species or threatened species, unless
the Secretary determines that--''; and
(iii) by adding at the end the following:
``(D) Provisional recovery goals.--The Secretary
shall promulgate and publish provisional recovery goals
for a species at the time of the listing of the
species, which--
``(i) may set standards for delisting; and
``(ii) shall remain in effect, unless
replaced by an approved recovery plan.'';
(I) in paragraph (9) (as redesignated by
subparagraph (C)), by striking ``(9) Neither paragraph
(4), (5), or (6)'' and inserting the following:
``(9) Emergencies.--Neither paragraphs (6) through (8)'';
(J) in paragraph (10) (as redesignated by
subparagraph (C)), by striking ``(8) The publication''
and inserting the following:
``(10) Publication of regulations.--The publication'';
(K) by inserting after paragraph (2) the following:
``(3) Priority for determinations, designations, and
commissioning of recovery programs.--
``(A) In general.--Not later than 270 days after
the date of enactment of the Priority for Listing and
Recovery Act, the Secretary of the Interior and the
Secretary of Commerce, after providing notice and an
opportunity for public comment, each shall establish a
priority system for making all decisions under this
subsection, subsection (a), and subsection (f)
regarding various species in the most efficient and
effective manner practicable.
``(B) Criteria for priorities.--The priority system
shall assign priorities to species based on--
``(i) the magnitude and immediacy of risk
of extinction (high, moderate, or low),
considering--
``(I) the level of risk to the
species based on the factors described
in subsection (a)(1);
``(II) the geographic distribution
of the species (wide or narrow),
``(III) the habitat specificity of
the species (broad or restricted); and
``(IV) the taxonomic
distinctiveness of the species
(monotypic genus, species, subspecies,
or distinct population segment);
``(ii) the likelihood of achieving recovery
of the species;
``(iii) the quality and quantity of
available information, with the species
priority increasing progressively as current
professional documentation is obtained for each
of the following in order of increasing
importance:
``(I) Distribution of the species
based on data describing presence and
absence.
``(II) Habitat types that correlate
with population density (defined as
various concentrations of individuals
of the species occupying an area).
``(III) Rates of reproduction,
survival, or population growth.
``(IV) Habitat types that correlate
with rates of reproduction, survival,
or population growth;
``(iv) the degree to which recovering the
species helps recover other species; and
``(v) the degree to which recovery efforts
would minimize conflicts with--
``(I) construction, development
projects, jobs, private property, or
other economic activities;
``(II) military training and
operations; or
``(III) other human activities.
``(C) Incentive for collaborative conservation.--
``(i) In general.--The Secretary shall
assign highest priority to a decision pending
for any species if petitioned to do so by a
collaborative group that, in the judgment of
the Secretary, meets the description of an
executive committee under subsection (f)(3)(B).
``(ii) Facilitation.--If a collaborative
group described in clause (i) uses non-Federal
funds to carry out actions that support the
completion of the pending action for a species,
the Secretary shall facilitate the pending
action to a commensurate extent.
``(4) Schedule.--
``(A) In general.--The Secretary shall establish a
schedule of all decisions under this subsection,
subsection (a), and subsection (f) based on the
priority ranking system described in paragraph (3).
``(B) Estimates.--Not later than February 1 of each
year following the date of enactment of this
subparagraph, the Secretary shall submit to the
Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of
Representatives an estimate with respect to the
following year, based on the priority ranking system
described in paragraph (3), of--
``(i) the quantity of--
``(I) petitions to be reviewed
under this section;
``(II) status reviews to be
completed under this section; and
``(III) rules that will be
promulgated with respect to status and
critical habitat; and
``(ii) the amount of funds required for
each recovery plan to be funded under this
section.
``(C) Pending actions.--The schedule established
under subparagraph (A) shall include all decisions
pending under this subsection, subsection (a), and
subsection (f), including--
``(i) findings and decisions based on
status reviews, proposed determinations, or
final determinations for which a court has
issued an order prior to the date of enactment
of the Collaboration for the Recovery of
Endangered Species Act remanding to the
Secretary a decision, or setting a schedule for
the Secretary to act, or requiring any other
action regarding such findings and decisions;
and
``(ii) designations of critical habitat for
which a court has issued an order prior to the
date of enactment of the Collaboration for the
Recovery of Endangered Species Act remanding to
the Secretary a decision, or ordering the
Secretary to act by a specified date, or
requiring any other action regarding the
designation of critical habitat.
``(D) Remanded actions.--No court shall have the
power to require the Secretary to complete an action
inconsistent with the schedule established under
subparagraph (A).
``(E) Revisions to schedule.--The Secretary may
revise the schedule established under subparagraph (A)
during a fiscal year by--
``(i) reviewing a petition received during
the fiscal year that the Secretary determines
to be filed in a timely manner; or
``(ii) elevating the priority of a recovery
plan that receives financial or other
commitments from a non-Federal sponsor.'';
(4) by striking subsection (f) and inserting the following:
``(f) Recovery Programs.--
``(1) In general.--When a species is scheduled for recovery
under subsection (b)(4), or upon the petition of a
collaborative group that qualifies as an executive committee
under paragraph (3), the Secretary--
``(A) shall establish a recovery program for that
species, and other threatened or endangered species if
practicable, by assigning a recovery coordinator; and
``(B) may, based on the nature and extent of
actions required for recovery, also form a recovery
team, an executive committee, or both.
``(2) Recovery team.--
``(A) Establishment.--
``(i) In general.--If the Secretary
establishes a recovery team, the team shall
consist of members of appropriate public and
private agencies and institutions reflecting
individual perspectives and objectiveness
resulting from professional expertise, and
technical and academic experience, relating to
the species or ecosystem that is the subject of
the recovery program.
``(ii) Lack of bias.--In carrying out the
duties described in subparagraph (B), members
described in clause (i) shall provide their
expertise in good faith and not express the
views or representations of any organization.
``(B) Duties.--After considering the provisional
recovery goals set by the Secretary under subsection
(b)(8)(D) and identifying all relevant conservation
programs of State, local, tribal, and private entities
and foreign governments, a recovery team shall propose
a recovery plan to the executive committee.
``(C) FACA.--A recovery team established under this
subsection shall not be subject to the Federal Advisory
Committee Act (5 U.S.C. App.).
``(3) Executive committee.--
``(A) In general.--For each recovery program, the
Secretary shall establish an executive committee to
propose collaborative efforts to achieve the goals of
the recovery plan.
``(B) Membership.--The membership of an executive
committee shall--
``(i) reflect a cross-section of interests
from appropriate public and private persons,
agencies, or institutions reflecting a balance
of viewpoints;
``(ii) to be selected for diversity of
knowledge and experience in natural resource
issues and for commitment to collaborative
decisionmaking;
``(iii) to the maximum extent practicable,
be from communities within and adjacent to the
recovery plans geographic area; and
``(iv) have an economic, social, or
professional interest in the recovery of the
species.
``(C) Duties.--An executive committee shall--
``(i) review the proposed recovery plan and
make recommendations on collaborative efforts
that may be undertaken to implement and achieve
the goals of the recovery plan;
``(ii) consult with the applicable recovery
team, as necessary;
``(iii) consult with State, local, and
tribal governments and landowners on
opportunities for implementation of the
recovery plan; and
``(iv) after approval by the Secretary of
the applicable recovery plan, publish a work
plan describing the collaborative and voluntary
efforts that the executive committee recommends
to contribute to the recovery of the applicable
species.
``(D) FACA.--An executive committee established
under this subsection shall not be subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
``(4) Recovery coordinator.--The Secretary shall assign for
each recovery program, by direct employment or cooperative
arrangement with an appropriate Federal department or agency, a
full-time recovery coordinator--
``(A) to serve as the primary staff to implement
the recovery plan and manage program operations for the
executive committee, if applicable; and
``(B) to the maximum extent practicable, to ensure
that relevant Federal and State programs are
coordinated to support programs toward the recovery
goals of the recovery plan.
``(5) Recovery plan.--
``(A) In general.--A recovery plan shall--
``(i) be proposed by a recovery team and an
executive committee, in a case in which a
recovery team and executive committee are
involved in the recovery program;
``(ii) be approved by the Secretary; and
``(iii) include--
``(I) a description of site-
specific recovery actions that may be
necessary to achieve the goal of the
plan for the conservation of the
species, including appropriate
financial assistance and incentive
programs for landowners;
``(II) guidance on how the
geographic distribution of site-
specific recovery actions can enhance
the effectiveness of the actions in
promoting recovery; and
``(III) objective, measurable
criteria (including population size and
geographic range) that, when met, would
result in a determination, in
accordance with this section, that the
status of the species should be changed
from an endangered species or a
threatened species, or that the species
should be removed from the list.
``(B) Effect of plan.--A recovery plan approved by
the Secretary--
``(i) shall be non-binding and advisory;
and
``(ii) may be amended by the Secretary or
by recommendation of the executive committee
and approval by the Secretary.
``(C) Relationship to conservation programs.--The
Secretary shall--
``(i) acknowledge appropriate existing
conservation programs; and
``(ii) coordinate with all governmental
agencies to incorporate those programs in a
recovery plan.
``(6) Periodic review.--
``(A) In general.--The Secretary shall periodically
review the progress of all recovery programs.
``(B) Inquiry.--If the Secretary finds that a
recovery program is not making progress towards
recovery of the species or is not acting within the
guidance of the recovery plan, the Secretary shall
submit to the relevant executive committee a written
inquiry for an explanation that requests specific
remedial actions.
``(C) Response.--The executive committee shall have
180 days from the date of receipt of the inquiry to
fulfill the request.
``(D) Dispute resolution.--If the executive
committee disputes the findings of the Secretary--
``(i) the Secretary shall, in consultation
with an appropriate professional society,
appoint a technical reviewer;
``(ii) the executive committee shall, in
consultation with an appropriate professional
society, appoint a technical reviewer;
``(iii) the 2 technical reviewers shall
appoint a third technical reviewer;
``(iv) the technical reviewers, based on
majority opinion, shall make a recommendation
to the Secretary as to whether the program is
achieving progress toward recovery and whether
remedial actions are necessary; and
``(v) having considered the recommendation
of the technical reviewers, the Secretary may--
``(I) require remedial actions of
the executive committee;
``(II) decommission the recovery
program; or
``(III) take other appropriate
actions.'';
(5) in subsection (g)(2), by striking ``paragraph 7 of
subsection (b) of this section'' and inserting ``subsection
(b)(9)'';
(6) in subsection (h)(1), by striking ``subsection (b)(3)
of this section'' and inserting ``subsection (b)(5)''; and
(7) in subsection (i)--
(A) by striking ``subsection (b)(5)(A)(ii)'' and
inserting ``subsection (b)(7)(A)(ii)''; and
(B) by striking ``subsection (b)(3)'' and inserting
``subsection (b)(5)''.
(b) Conforming Amendment.--The table of contents in the first
section of the Endangered Species Act of 1973 (16 U.S.C. 1531 note) is
amended by striking the item relating to section 4 and inserting the
following:
``Sec. 4. Determination and recovery of endangered species and
threatened species.''.
TITLE III--INCENTIVES FOR SPECIES RECOVERY
SEC. 301. SHORT TITLE.
This title may be cited as the ``Incentives for Species Recovery
Act''.
SEC. 302. CONSERVATION BANKS.
(a) In General.--The Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.) is amended by inserting after section 4 the following:
``SEC. 4A. CONSERVATION BANKS.
``(a) Purposes.--The purposes of this section are--
``(1) to conserve, restore, and enhance habitat for the
conservation and recovery of--
``(A) candidate species;
``(B) threatened species;
``(C) endangered species; and
``(D) species of special concern; and
``(2) to provide market incentives that promote
conservation of species on private property.
``(b) Definitions.--In this section:
``(1) Conservation bank.--The term `conservation bank'
means an area of land, water, or other habitat (not necessarily
contiguous) that is managed--
``(A) in perpetuity, or for another appropriate
period, under an enforceable legal instrument; and
``(B) for purposes of conservation and recovery
of--
``(i) a habitat;
``(ii) a candidate species, threatened
species, or endangered species; or
``(iii) a species of special concern.
``(2) Credit.--
``(A) In general.--The term `credit' means the unit
of currency of a conservation bank, generated by
preserving or restoring habitat in a conservation bank
agreement, as established through a quantification of
the conservation values of a species or habitat.
``(B) Conservation values.--Conservation values
described in subparagraph (A) shall--
``(i) be determined by the Secretary for
each conservation bank; and
``(ii) be converted into a fixed number of
credits that may be bought, sold, or traded to
offset the impact of Federal, State, tribal,
local, or private activities.
``(3) Service area.--
``(A) In general.--The term `service area' means an
area identified in a conservation bank agreement.
``(B) Inclusions.--The term `service area' includes
a soil type, watershed, habitat type, political
boundary, an area described in a federally-recognized
conservation plan, and an area designated for
conservation purposes in which a credit may be used to
offset an effect of a project.
``(c) Establishment and Management of Conservation Banks.--
``(1) Establishment.--A conservation bank under this
section may be established by any private landowner that--
``(A) submits to the Secretary an application, in
accordance with any regulations promulgated by the
Secretary;
``(B) demonstrates that the affected area of land,
water, or other habitat is managed under an enforceable
legal instrument; and
``(C) contributes to the conservation of the
candidate species, threatened species, endangered
species, or species of special concern that is the
subject of the conservation bank.
``(2) Certain property owners.--A property owner that uses
Federal or State funding (including funding for technical
assistance), such as funding under the Farm Security and Rural
Investment Act of 2002 (Public Law 107-171; 116 Stat. 134) or
an amendment made by that Act, may submit an application to the
Secretary under paragraph (1)(B)(i).
``(3) Determinations regarding applications.--The Secretary
shall approve or disapprove a proposed conservation bank under
paragraph (1)(B) not later than 180 days after the date on
which the application relating to the conservation bank is
submitted to the Secretary under paragraph (1)(B)(i).
``(4) Management.--
``(A) In general.--A conservation bank established
under paragraph (1) may be managed, in accordance with
a conservation bank agreement under subparagraph (B),
by--
``(i) a State, in accordance with a process
of the State that has been approved by the
Secretary;
``(ii) the holder of the conservation bank;
``(iii) a party other than the holder of
the conservation bank, as specified in the
conservation bank agreement; or
``(iv) a party that acquires property
rights relating to the conservation bank.
``(B) Conservation bank agreements.--
``(i) In general.--The holder of a
conservation bank under this section shall--
``(I) establish an agreement that
describes the proposed management of
the conservation bank; and
``(II) submit the agreement to the
Secretary for approval.
``(ii) Approval by secretary.--As soon as
practicable after the date on which the
Secretary receives an agreement under clause
(i)(II), the Secretary shall approve or
disapprove the agreement.
``(iii) Amendments.--An agreement approved
under clause (ii) may be amended on the
approval of--
``(I) each party to the agreement;
and
``(II) the Secretary.
``(iv) Nullification of agreement.--The
Secretary shall nullify an agreement approved
under clause (ii) on a determination by the
Secretary that--
``(I) the holder of the
conservation bank has been convicted
of--
``(aa) making a materially
false statement on a bank
application or a report to the
Secretary; or
``(bb) any other offense
that demonstrates that the
holder is unfit to manage the
conservation bank; or
``(II)(aa) the holder of the
conservation bank has irremediably
failed to carry out the duties of the
holder; and
``(bb) the failure was not the
result of a drought, hurricane,
tornado, or other event outside the
reasonable control of the holder.
``(d) Recovery Plans and Incentive Programs.--In developing and
implementing recovery plans and incentive programs, the Secretary
shall--
``(1) take into consideration the practicability of
establishing conservation banks; and
``(2) not later than 180 days after the date of enactment
of this section, promulgate regulations to manage conservation
banks in a manner that balances--
``(A) the biological conditions of candidate
species, threatened species, and endangered species,
species of special concern, and habitat; with
``(B) economic free market principles to ensure
value to landowners through a tradable credit program.
``(e) Regulations.--Regulations promulgated under subsection (d)(2)
shall include provisions relating to--
``(1) conservation and recovery goals;
``(2) activities that may be carried out in a conservation
bank;
``(3) design, operation, and management to ensure the
viability of conservation banks;
``(4) the demonstration of adequate legal control of
property proposed to be included in the conservation bank, such
as a title, license, easement, or option relating to the
property;
``(5) criteria for determining--
``(A) the number of credits allocated to a
conservation bank under subsection (f)(1);
``(B) methods for accounting for, and recording,
the creation and use of credits; and
``(C) a timeline with respect to the transfer and
accounting of credits;
``(6) the determination of the boundaries of service areas;
``(7) the applicability of, and compliance with, sections 7
and 10;
``(8) the monitoring of, and reporting requirements for,
conservation banks;
``(9) financial requirements to ensure the viability of
conservation banks;
``(10) procedures for resolving disputes relating to
conservation bank management, including procedures for
providing notices; and
``(11) remedies for disputes that are not resolved under a
procedure described in paragraph (10).
``(f) Transfer of Credits by Conservation Banks.--
``(1) Allocation.--The number of credits allocated for
transfer by a conservation bank shall be determined by
biological data that reflects--
``(A) the quality of habitat preserved or restored
in the conservation bank;
``(B) the necessary amount of habitat needed to be
preserved or restored within the entire service area of
the conservation bank; and
``(C) the population of candidate species,
threatened species, and endangered species, and species
of special concern, that the conservation bank supports
or could support.
``(2) Credit transfer approval process.--
``(A) In general.--As soon as practicable after the
date of enactment of this section, the Secretary shall
establish a standard credit transfer approval process
for each service area to facilitate efficient and
prompt transactions relating to credits.
``(B) Requirements.--The process established under
subparagraph (A) shall provide for credit transfers for
purposes of--
``(i) compliance with an injunctive order
of a court;
``(ii) meeting a requirement under
subsection (a) or (b) of section 7, or section
10(a)(1); and
``(iii) out-of-kind mitigation under
subparagraph (C).
``(C) Out-of-kind mitigation.--
``(i) Definition of out-of-kind.--In this
subparagraph, the term `out-of-kind', with
respect to mitigation, means mitigation
involving the same species or habitats, but in
a different service area.
``(ii) Determination by secretary.--The
Secretary may allow out-of-kind mitigation
through the use of credits if the Secretary
determines that out-of-kind mitigation--
``(I) is a desirable ecological
alternative to in-kind mitigation; and
``(II) is practicable for an
expanded market of potential buyers of
credits.
``(iii) Preference.--Notwithstanding any
other provision of this subparagraph, the
Secretary shall give preference to in-kind
mitigation to the maximum extent practicable.
``(iv) Effect of subparagraph.--Nothing in
this subparagraph affects any requirement
relating to in-kind mitigation.
``(D) Limitation.--In establishing a process under
this subsection, the Secretary shall not--
``(i) regulate the price of any credit
transfer; or
``(ii) limit participation in the credit
transfer process by any party.
``(3) Credit transfers.--A conservation bank may transfer
credits of the conservation bank--
``(A) on the date on which the Secretary approves
the conservation bank under subsection (c)(3); or
``(B) before the date described in subparagraph
(A), if the holder of the conservation bank
demonstrates to the satisfaction of the Secretary
that--
``(i) the conservation bank agreement
adequately provides for each activity proposed
to be carried out relating to the conservation
bank; and
``(ii) a timetable relating to the
activities described in clause (i) has been
approved by the Secretary.
``(4) Use of profits by certain holders.--A holder of a
conservation bank described in subsection (c)(2) may retain any
profits from the transfer of a credit under this subsection.
``(g) Integration With Other Conservation Plans.--
``(1) In general.--Except as provided in paragraph (2), to
the maximum extent practicable, the creation of a conservation
bank shall be integrated with conservation plans developed or
being developed under section 10 if the conservation bank--
``(A) meets the ecological criteria of the habitat
conservation plan; and
``(B) provides greater economic benefits compared
with other forms of mitigation of habitat destruction.
``(2) Effect of subsection.--Notwithstanding paragraph (1),
nothing in this subsection requires any person operating a
conservation bank in existence on the date of enactment of this
section to submit an application for the conservation bank
under this section.
``(h) Judicial Review.--
``(1) In general.--Any party to an agreement entered into
with respect to a conservation bank may bring a civil action in
a United States district court for a breach of the agreement.
``(2) Actions by court.--A United States district court
described in paragraph (1) may--
``(A) issue such awards and judgments, including
equitable relief, as the court determines to be
appropriate; and
``(B) award costs of litigation to the prevailing
party.
``(3) Certain defendants.--
``(A) In general.--Notwithstanding any other
provision of law, the United States, a State, an Indian
tribe, or a unit of local government may 0be named as a
defendant in a civil action under this subsection.
``(B) Sovereign immunity.--An entity described in
subparagraph (A) that is named as a defendant in a
civil action under this subsection shall be considered
to have waived sovereign immunity.''.
(b) Conforming Amendment.--The table of contents of the Endangered
Species Act of 1973 (16 U.S.C. 1531 note) is amended--
(1) by inserting after the item relating to section 4 the
following:
``Sec. 4A. Conservation banks.'';
and
(2) by inserting after the item relating to section 17 the
following:
``Sec. 18. Annual cost analysis by the Fish and Wildlife
Service.''.
SEC. 303. EXCEPTIONS.
Section 10(a) of the Endangered Species Act of 1973 (16 U.S.C.
1539(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking clauses (i) and (iv);
(ii) by redesignating clauses (ii) and
(iii) as subclauses (I) and (II), respectively,
and indenting the subclauses appropriately;
(iii) in the matter preceding subclause (I)
(as redesignated by clause (i)), by striking
``that specifies--'' and inserting the
following: ``that--
``(i) summarizes the potential for and degree of incidental
take that may be reasonably expected to occur under the
proposed action and habitat conservation plan; and
``(ii) specifies--'';
(iv) in subclause (I) (as redesignated by
clause (i)), by striking ``and the funding''
and all that follows through the end of the
subclause and inserting ``the funding that will
be available to implement those steps, and
reports describing the implementation and
results of the conservation plan;'';
(v) in subclause (II) (as redesignated by
clause (i)), by striking ``and'' at the end;
and
(vi) by adding at the end the following:
``(III) objective, measurable biological goals to
be achieved for species covered by the plan and
specific measures for achieving the goals consistent
with subparagraph (B);
``(IV) measures the applicant will take to monitor
impacts of the plan on covered species and the
effectiveness of the measures in achieving the
biological goals of the plan; and
``(V) adaptive management provisions necessary to
respond to all reasonably foreseeable changes in
circumstances that could appreciably reduce the
likelihood of the survival and recovery of any species
covered by the plan.'';
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``If'' and inserting ``The Secretary
shall issue a permit for an application and the
related conservation plan if'';
(ii) in clause (v)--
(I) by striking ``, if any,'';
(II) by striking ``subparagraph
(A)(iv)'' and inserting ``subparagraph
(A)(ii)''; and
(III) by striking the semicolon at
the end and inserting a period; and
(iii) by striking the matter following
clause (v); and
(C) by striking subparagraph (C) and inserting the
following:
``(C) Voluntary contributions to recovery.--
``(i) In general.--If a proposed
conservation plan implements a site-specific
recovery action from a relevant approved
recovery plan, the Secretary shall include such
terms and conditions as the Secretary considers
necessary to reduce or offset the impacts of
incidental taking or otherwise comply with the
requirements of paragraph (2)(B), such that--
``(I) the effect of the terms and
conditions are approximately
proportional in extent to the effect of
the incidental take specified in the
conservation plan under subparagraph
(A)(i); and
``(II) the terms and conditions are
feasible and consistent with the goals
of the plan to the maximum extent
practicable.
``(ii) Additional finding.--If, in addition
to a finding described in subparagraph (B), the
Secretary finds that the proposed conservation
plan will implement 1 or more site-specific
recovery actions from a relevant approved
recovery plan, so long as the contribution to
recovery is at least proportional to the
potential for and degree of incidental take
that may reasonably be expected to occur under
the plan, the application relating to, and
issuance of a permit for, the plan shall be
considered to be exempt from--
``(I) section 7; and
``(II) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(iii) Effect of paragraph.--This
paragraph does not limit the authority of the
Secretary to require greater than acre-for-acre
mitigation when necessary to address the extent
of the impacts.''; and
(2) by adding at the end the following:
``(3) Qualification for provisional permit.--
``(A) In general.--An applicant shall qualify for a
provisional permit with respect to an application and
the related conservation plan if, as of the date on
which the applicant submits the application and the
related conservation plan to the Secretary under this
subsection--
``(i) the applicant voluntarily implements
the terms of the proposed application under
paragraph (2) during the pendency of review;
and
``(ii) the applicant has completed a field
survey to determine the area occupied by the
species.
``(B) Effect of permit.--A provisional permit under
subparagraph (A) shall--
``(i) authorize existing activities (except
an activity that requires ground clearing)
relating to the relevant land; and
``(ii) remain in effect until the date on
which a permit is issued under this subsection.
``(C) Admissibility of information.--Information
submitted by an applicant in an application under this
paragraph shall not be admissible in any action
relating to a prohibited act under section 9.
``(4) Agricultural agreements.--If a landowner enters into
an agreement under title XII of the Food and Security Act of
1985 (16 U.S.C. 3831 et. seq.) and the conservation activities
of the landowner include 1 or more site-specific recovery
actions from an approved recovery plan resulting in a net
conservation benefit for a listed species, the Secretary shall
permit the incidental take of that species--
``(A) for the duration of the agreement; and
``(B) within the area in which the net conservation
benefits will accrue, so long as the contribution to
recovery is at least proportional to the potential for
and degree of incidental taking that may reasonably be
expected to occur in the agreement.
``(5) Liability while performing recovery actions.--The
Secretary shall permit the incidental take of a species that--
``(A) occurs or may occur as a result of the
landowner implementing a site-specific recovery action
of an approved recovery plan in a manner that
contributes to the conservation of the species; and
``(B) occurs or may occur within the area in which
the net conservation benefits will accrue, so long as
the contribution to recovery is at least proportional
to the potential for and degree of incidental taking
that may reasonably be expected to occur.
``(6) Requirements applicable upon compliance with
permit.--
``(A) In general.--Except as otherwise provided in
this paragraph, if the holder of a permit under this
subsection for any purpose other than a scientific
purpose is in compliance with the terms and conditions
of the permit (including any conservation plan or
agreement incorporated by reference in the permit), as
determined by the Secretary, the Secretary shall not
require the holder to adopt any minimization,
mitigation, or other measure with respect to any
species that the Secretary determines to be adequately
covered by the permit during the term of the permit
without the consent of the holder.
``(B) Identified change of circumstance.--If a
change of circumstance that is identified in the permit
occurs, as determined by the Secretary, the Secretary
may require the holder to carry out only such
additional minimization, mitigation, or other measures
as are provided under the permit with respect to the
circumstance.
``(C) Unidentified change of circumstance.--If a
change of circumstance that is not identified in the
permit occurs, the Secretary may require the holder to
carry out only additional minimization, mitigation, and
other measures that do not involve--
``(i) the commitment of any additional
uncommitted land, water, or financial
compensation; or
``(ii) the imposition of additional
restrictions on the use of any land, water, or
other natural resource that is otherwise
available for development or use under the
original terms and conditions of the permit.
``(D) Burden of proof.--The Secretary shall have
the burden of proof in demonstrating and documenting,
using the best scientific and commercial data
available, the occurrence of any changed circumstances
for the purpose of this paragraph.
``(E) Assurances.--
``(i) Recent permits.--All permits issued
under this subsection on or after the date of
enactment of this paragraph, other than permits
issued for scientific purposes, shall contain
assurances regarding requirements specified in
subparagraphs (B) through (D) of this paragraph
and subparagraphs (A) and (B) of paragraph (5).
``(ii) Older permits.--All permits issued
under this subsection on or after March 25,
1998, and before the date of enactment of this
paragraph, other than permits issued for
scientific purposes, shall be governed by the
applicable portions of subsections (b) through
(d) of section 17.22, and subsections (b)
through (d) of section 17.32, of title 50, Code
of Federal Regulations (as in effect as of the
date of enactment of this paragraph).
``(7) Revocation of permit.--
``(A) In general.--The Secretary shall revoke a
permit issued under this subsection if the Secretary
determines that the holder of the permit is not in
compliance with the terms and conditions of the permit.
``(B) Revocation of permit that includes
conservation plan.--The Secretary may revoke a permit
that includes a conservation plan described in this
subsection due to a change in circumstances only if the
Secretary--
``(i) determines that continuing the
activities under the permit would be
inconsistent with paragraph (2);
``(ii) not later than 60 days before the
date on which the Secretary revokes the permit,
provides a notice of revocation to the holder
of the permit; and
``(iii) is unable to otherwise remedy the
inconsistency.
``(8) Statements and assessments.--
``(A) In general.--In preparing any environmental
impact statement or environmental assessment under
section 102 of the National Environmental Policy Act of
1969 (42 U.S.C. 4332) with respect to the application
for, or issuance of, a permit under this subsection,
the Secretary shall not identify or analyze the impacts
and potential minimization and mitigation measures
relating to any alternative other than--
``(i) the alternative presented by the
permit applicant under the conservation plan or
another document; and
``(ii) an alternative requiring no action
by the Secretary.
``(B) Regulations.--The Secretary shall promulgate
regulations under which the Secretary, subject to the
availability of appropriations, shall reimburse a
permit applicant under this subsection for reasonable
amounts paid by the person for preparation by a
contractor, or another person selected by the
Secretary, of an environmental impact statement,
environmental assessment, or related documentation or
study required under section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) with
respect to the application for, or issuance of, the
permit.
``(9) Publication of notice of decision.--Not later than 15
days before the proposed effective date of a permit, the
Secretary shall publish in the Federal Register a notice of any
decision of the Secretary to approve or disapprove an
application for, or amendment to, a permit under this
section.''.
SEC. 304. TECHNICAL CORRECTIONS.
Section 4(f)(1) of the Endangered Species Act of 1978 (16 U.S.C.
1533(f)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``in development'' and inserting ``in developing''; and
(2) in subparagraph (A), by striking ``activity;'' and
inserting ``activity; and''.
SEC. 305. TAX INCENTIVES.
(a) Deduction for Cost of Conservation and Recovery Bank Credit.--
(1) In general.--Part VI of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 (relating to itemized
deductions for individuals and corporations) is amended by
adding at the end the following new section:
``SEC. 200. CONSERVATION BANK CREDITS.
``There shall be allowed as a deduction an amount equal to the cost
of any credit purchased from a conservation bank approved under section
4A of the Endangered Species Act of 1973 in the taxable year in which
such credit is purchased.''.
(2) Clerical amendment.--The table of sections for such
part VI is amended by adding at the end the following new item:
``Sec. 200. Conservation bank credits.''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years ending after the date of the
enactment of this Act.
(b) Credit for Costs Incurred for Conversation Activities Related
to Endangered, Threatened, and Candidate Species.--
(1) In general.--Subpart B of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
other credits) is amended by adding at the end the following
new section:
``SEC. 30D. CREDIT FOR COSTS INCURRED FOR CONVERSATION AND RECOVERY
ACTIVITIES RELATED TO ENDANGERED, THREATENED, AND
CANDIDATE SPECIES.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to the qualified conservation and recovery costs of an eligible
taxpayer for the taxable year.
``(b) Limitation Based on Amount of Tax.--The credit allowed under
subsection (a) for the taxable year shall not exceed the excess of--
``(1) the sum of the regular tax liability (as defined in
section 26(b)) plus the tax imposed by section 55, over
``(2) the sum of the credits allowable under subpart A and
sections 27, 30A, 30B, and 30C for the taxable year.
``(c) Qualified Conservation and Recovery Costs.--For purposes of
this section, the term `qualified conservation and recovery costs'
means costs paid or incurred by the eligible taxpayer in carrying out
approved site-specific recovery actions under section 4(f) of the
Endangered Species Act (16 U.S.C. 1533(f)), or any other Federal- or
State-approved conservation and recovery agreements involving an
endangered, threatened, or candidate species under the Endangered
Species Act (16 U.S.C. 1531 et seq.) in an amount equal to--
``(1) under a binding agreement for not less than 99 years,
the sum of--
``(A) the amount by which the fair market value of
the land is reduced by such site-specific recovery
actions or agreements, and
``(B) the actual costs to the property owner of
such approved site-specific recovery actions or
agreements,
``(2) under a binding agreement for not less than 30 years
but less than 99 years, the sum of--
``(A) 75 percent of the amount described in
paragraph (1)(A), and
``(B) 75 percent of the actual costs of such
approved site-specific recovery actions or agreements,
and
``(3) under a binding agreement for not less than 10 years
but less than 30 years, 75 percent of the actual costs of such
approved site-specific recovery actions or agreements.
``(d) Eligible Taxpayer.--For purposes of this section--
``(1) In general.--The term `eligible taxpayer' means any
person who submits to the Secretary, together with the return
of the taxpayer for the taxable year--
``(A) evidence of the binding agreement described
in subsection (c), and
``(B) a written verification from a biologist not
directly employed by the taxpayer that any conservation
and recovery practice for which the taxpayer seeks a
credit under this section--
``(i) is described in a Federal- or State-
approved agreement in subsection (c), and
``(ii) was carried out--
``(I) during the taxable year, and
``(II) in accordance with the
schedule of the Federal- or State-
approved agreement in subsection (c).
``(2) Effect of governmental assistance on eligibility.--
Such term shall not include any taxpayer who receives any cost
share assistance from the Federal Government or a State
government under any approved site-specific recovery action or
agreement described in subsection (c) for the taxable year,
unless the adjusted gross income of the taxpayer for such
taxable year does not exceed the amount of the adjusted gross
income limitation which would apply to such taxpayer for such
taxable year for purposes of the credit allowed under section
32.
``(e) Carryback and Carryforward Allowed.--
``(1) In general.--If the credit allowable under subsection
(a) for a taxable year exceeds the amount of the limitation
under subsection (b) for such taxable year (in this paragraph
referred to as the `unused credit year'), such excess shall be
a credit carryback to each of the 1 taxable years preceding the
unused credit year and a credit carryforward to each of the 20
taxable years following the unused credit year.
``(2) Rules.--Rules similar to the rules of section 39
shall apply with respect to the credit carryback and credit
carryforward under subparagraph (A).
``(f) Credits May Be Transferred.--Nothing in any law or rule of
law shall be construed to limit the transferability of any credit
allowed by this section through sale and repurchase agreements.
``(g) Special Rules.--
``(1) Basis reduction.--The basis of any property for which
a credit is allowable under subsection (a) shall be reduced by
the amount of such credit (determined without regard to
subsection (b)).
``(2) No double benefit.--The amount of any deduction or
credit allowable under this chapter (other than the credit
allowable under subsection (a)), shall be reduced by the amount
of credit allowed under subsection (a) (determined without
regard to subsection (b)(2)) for the taxable year.
``(3) Reduction for assistance.--The amount taken into
account under subsection (a) with respect to any project shall
be reduced by the amount of any Federal, State, or local grant
or other assistance received by the taxpayer during such
taxable year or any prior taxable year which was used for
qualified conservation and recovery costs and which was not
included in the gross income of such taxpayer.
``(h) Recapture.--The Secretary shall, by regulations, provide for
the recapture of any credit allowable under subsection (a) if the
taxpayer breaches or terminates the agreement described in subsection
(c).''.
(2) Basis adjustment.--Section 1016(a) of such Code is
amended by striking ``and'' at the end of paragraph (36), by
striking the period at the end of paragraph (37) and inserting
``, and'', and by adding at the end the following new
paragraph:
``(38) to the extent provided in section 30D(g)(1).''.
(3) Clerical amendment.--The table of sections for subpart
B of part IV of subchapter A of chapter 1 of such Code is
amended by inserting after the item relating to section 30C the
following new item:
``Sec. 30D. Credit for costs incurred for conversation
activities related to endangered,
threatened, and candidate species.''.
(4) Effective date.--The amendments made by this subsection
shall apply to taxable years ending after the date of the
enactment of this Act.
TITLE IV--PROTECTIONS AND MEASURES IN FORESTS
SEC. 401. PROTECTIONS AND MEASURES.
Section 506(a) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6576(a)) is amended--
(1) by striking ``and protection under--'' and inserting
``and protection as follows:''; and
(2) by striking paragraphs (1) and (2) and inserting the
following:
``(1) Conservation activities that include a site-specific
recovery action.--In the case of a landowner that enrolls in
the program and the restoration plan of which includes 1 or
more site-specific recovery actions from a recovery plan
approved under section 4(f) of the Endangered Species Act of
1973 (16 U.S.C. 1533(f)), the landowner shall not be liable
under section 9 of that Act (16 U.S.C. 1538) for the incidental
take of species covered by the restoration plan--
``(A) for the duration of the agreement; and
``(B) within the area in which the net conservation
benefits will accrue, so long as the contribution to
recovery is at least proportional to the potential for
and degree of incidental taking that may reasonably be
expected to occur in the restoration plan.
``(2) Conservation activities that do not include a site-
specific recovery action.--In the case of a landowner the
conservation activities of which do not include a site-specific
recovery action from a recovery plan approved under section
4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)),
the Secretary of Agriculture shall make available to the
landowner safe harbor or similar assurances and protections
under--
``(A) section 7(b)(4) of the Endangered Species Act
of 1973 (16 U.S.C. 1536(b)(4)); or
``(B) section 10 (a)(1) of that Act (16 U.S.C.
1539(a)(1)).''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S13677-13678)
Read twice and referred to the Committee on Finance.
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