Sec. 3. Threatened and endangered species incentives program
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Section 5 ( 16 U.S.C. 1534 ) is amended by adding at the end the following: The Secretary may enter into species recovery agreements pursuant to paragraph
(2)and species conservation contract agreements pursuant to paragraph
(3)with persons, other than agencies or departments of the Federal Government or State governments, under which the Secretary is obligated, subject to the availability of appropriations, to make annual payments or provide other compensation to the persons to implement the agreements. The Secretary and persons who are property owners of private land or water may enter into species recovery agreements with a term of not less than 5 years that meet the criteria set forth in subparagraph
(B)and are in accordance with the priority established in subparagraph (C). A species recovery agreement entered into under this paragraph by the Secretary with a person— shall require that the person shall carry out, on the property owner's land or water, activities that— protect, enhance, or restore other areas to become habitat for species determined to be endangered species or threatened species; contribute to the recovery of one or more covered species; and specify and implement a management plan for the covered species; shall specify such a management plan that includes— identification of the covered species; a description of the land or water to which the agreement applies; and a description of, and a schedule to carry out, the activities under clause (i); shall provide sufficient documentation to establish property ownership with respect to which the agreement applies; shall include the amounts of the annual payments or other compensation to be provided by the Secretary to the person under the agreement from funds appropriated under section 18(a)(1), and the terms under which such payments or compensation shall be provided; and shall include— the duties of the person; the duties of the Secretary; the terms and conditions under which the person and the Secretary mutually agree the agreement may be modified or terminated; and acts or omissions by the person or the Secretary that shall be considered violations of the agreement, and procedures under which notice of and an opportunity to remedy any violation by the person or the Secretary shall be given. In entering into species recovery agreements under this paragraph, the Secretary shall accord priority to agreements based on the best available scientific data and that identify specific areas that are of special value to the recovery of the species concerned. The Secretary and a property owner may enter into a species conservation contract agreement with a term of 30 years, 20 years, or 10 years that meets the criteria set forth in subparagraph
(B)and standards set forth in subparagraph
(D)and is in accordance with the priorities established in subparagraph (C). A species conservation contract agreement entered into under this paragraph by the Secretary with a person— shall provide that the person shall, on the property owner's land or water— carry out conservation practices to meet one or more of the goals set forth in clauses
(i)through
(iii)of subparagraph
(C)for one or more species that are determined to be endangered species or threatened species pursuant to section 4(a)(1), species determined to be candidate species pursuant to section 4(b)(3)(B)(iii), or species subject to comparable designations under State law; and specify and implement a management plan for the covered species; shall specify such a management plan that includes— identification of the covered species; a description in detail of the conservation practices for the covered species that the person shall undertake; a description of the land or water to which the agreement applies; a schedule of approximate deadlines, whether one-time or periodic, for undertaking the conservation practices described pursuant to subclause (II); and a description of existing or future activities on the land or water to which the agreement applies that are compatible with the conservation practices described pursuant to subclause
(II)and generally with conservation of the covered species; shall specify the term of the agreement; and shall include— the duties of the person; the duties of the Secretary; the terms and conditions under which the person and the Secretary mutually agree the agreement may be modified or terminated; acts or omissions by the person or the Secretary that shall be considered violations of the agreement, and procedures under which notice of and an opportunity to remedy any violation by the person or the Secretary shall be given; and terms and conditions for early termination of the agreement by the person before the management plan is fully implemented or termination of the agreement by the Secretary in the case of a violation by the person that is not remedied under subclause (IV), including any requirement for the person to refund all or part of any payments received under subparagraph
(E)and any interest thereon. The Secretary shall establish priorities for the selection of species conservation contract agreements, or groups of such agreements for adjacent or proximate lands or water, to be entered into under this paragraph that address the following factors: The potential of the land or water to which the agreement or agreements apply to contribute to the conservation of an endangered species or threatened species or a species with a comparable designation under State law. The potential of such land or water to contribute to the improvement of the status of a candidate species or a species with a comparable designation under State law. The amount of acreage of such land or water. The number of covered species in the agreement or agreements. The degree of urgency for the covered species to implement the conservation practices in the management plan or plans under the agreement or agreements. Land or water in close proximity to military test and training ranges, installations, and associated airspace that is affected by a covered species. The Secretary shall enter into a species conservation contract agreement submitted by a person that complies with this paragraph, if the Secretary finds that the person’s property ownership will allow implementation of the management plan under the agreement. Upon entering into a species conservation contract agreement with the Secretary pursuant to this paragraph, a person shall receive the financial assistance provided for in this subparagraph. If the person is implementing fully the agreement, the person shall receive from the Secretary— in the case of a 30-year agreement, an annual contract payment in an amount equal to 100 percent of the person’s actual costs to implement the conservation practices described in the management plan under the terms of the agreement; in the case of a 20-year agreement, an annual contract payment in an amount equal to 80 percent of the person’s actual costs to implement the conservation practices described in the management plan under the terms of the agreement; and in the case of a 10-year agreement, an annual contract payment in an amount equal to 60 percent of the person’s actual costs to implement the conservation practices described in the management plan under the terms of the agreement. If the person receiving contract payments pursuant to clause
(ii)receives any other State or Federal funds to defray the cost of any conservation practice required by the agreement, the cost of such practice shall not be eligible for such contract payments. Contributions of agencies or organizations to any conservation practice other than the funds described in subclause
(I)shall not be considered as costs of the person for purposes of the contract payments pursuant to clause (iii). A species conservation contract agreement may list other Federal program payments that incidentally contribute to conservation of a listed species. The head of a Federal agency shall not use the payments for the purposes of implementing the species conservation contract agreement. Upon request of a person seeking to enter into an agreement pursuant to this subsection, the Secretary may provide to such person technical assistance in the preparation, and management training for the implementation, of the management plan for the agreement. Any State agency, local government, nonprofit organization, or federally recognized Indian tribe may provide assistance to a person in the preparation of a management plan, or participate in the implementation of a management plan, including identifying and making available certified fisheries or wildlife biologists with expertise in the conservation of species for purposes of the preparation or review and approval of management plans for species conservation contract agreements. Upon any conveyance or other transfer of interest in land or water that is subject to an agreement under this subsection— the agreement shall terminate if the agreement does not continue in effect under subparagraph (B); the agreement shall continue in effect with respect to such land or water, with the same terms and conditions, if the person to whom the land, water, or interest is conveyed or otherwise transferred notifies the Secretary of the person’s election to continue the agreement by no later than 30 days after the date of the conveyance or other transfer and the person is determined by the Secretary to qualify to enter into such agreement under this subsection; or the person to whom the land, water, or interest is conveyed or otherwise transferred may seek a new agreement under this subsection. An agreement under this subsection may be renewed with the mutual consent of the Secretary and the person who entered into the agreement or to whom the agreement has been transferred under paragraph (5). The Secretary shall make annual payments under this subsection as soon as possible after December 31 of each calendar year. An agreement under this subsection that applies to a species shall be deemed to be a permit under section 10(a)(1) to conduct all recovery, conservation, and other activities that are specified in the management plan and to enhance the propagation or survival of such species. The Secretary, or any other Federal official, may not require a person to enter into an agreement under this subsection as a term or condition of any right, privilege, or benefit, or of any action or refraining from any action, under this Act. In this subsection the term property owner means a person that holds a fee simple, leasehold, or other interest in property (including an owner of water or other natural resources), or any other person who holds a property interest, sufficient to carry out the proposed management activities, subject to applicable State law, on non-Federal land. .
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Sec. 3
Threatened and endangered species incentives program
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