Sec. 201. Candidate conservation agreements with assurances
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Section 4(b)(1) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(b)(1) ) is amended by adding at the end the following: In making a determination under subsection (a)(1) with respect to a species, the Secretary shall take into account and document the effect of any net conservation benefit (as that term is defined in subsection
(k)of section 10) of any Candidate Conservation Agreement with Assurances or any programmatic Candidate Conservation Agreement with Assurances (as those terms are defined in that subsection) relating to such species. . Section 10 of the Endangered Species Act of 1973 ( 16 U.S.C. 1539 ) is amended by adding at the end the following: A covered party may submit a proposed Agreement to the Secretary. Not later than 120 days after the date of the receipt of a proposed Agreement under paragraph (1), the Secretary shall approve the proposed Agreement if the Secretary determines that the proposed Agreement— sets forth specific management activities that the covered party will undertake to conserve the covered species; provides a positive estimate of the net conservation benefit of such management activities to the covered species; describes, to the maximum extent practicable, the existing population levels of the covered species or the existing quality of habitat; includes a monitoring plan to be carried out by the parties to the Agreement; and provides assurances to the covered party that no additional conservation measures will be required and additional land, water, or resource use restrictions will not be imposed on the covered party if the covered species becomes listed after the effective date of such Agreement. Not later than 120 days after the date of the receipt of a proposed Agreement under paragraph (1), the Secretary shall— deny the proposed Agreement if the Secretary determines that the proposed Agreement does not meet the requirements described in paragraph (2); and provide the submitting covered party a written explanation for such determination and the adjustments required for the Secretary to approve such proposed Agreement. The Secretary may enter into a Candidate Conservation Agreement with Assurances with a covered party that authorizes such covered party— to administer such Candidate Conservation Agreement with Assurances; to hold any permit issued under this section with regard to such Candidate Conservation Agreement with Assurances; to enroll other covered parties within the area covered by such Candidate Conservation Agreement with Assurances in such Candidate Conservation Agreement with Assurances; and to convey any permit authorization held by such covered party under clause
(ii)to each covered party enrolled under clause (iii). Upon receipt of a proposed programmatic Candidate Conservation Agreement with Assurances under paragraph
(1)and before approving or denying such a proposed programmatic Candidate Conservation Agreement with Assurances under paragraph
(2)or (3), respectively, the Secretary shall— not later than 30 days after the date of such receipt, publish the proposed programmatic Candidate Conservation Agreement with Assurances in the Federal Register for public comment for a period of not less than 60 days; review any comments received under clause (i); and after the close of the public comment period for the proposed programmatic Candidate Conservation Agreement with Assurances, publish in the Federal Register— any comments received under clause (i); and the approval or denial of the proposed programmatic Candidate Conservation Agreement with Assurances under paragraph
(2)or (3), respectively. If a covered species is listed under section 4, the Secretary shall issue a permit to the relevant covered party under this section allowing incidental take of and modification to the habitat of such covered species consistent with the Agreement. The Secretary shall, upon request, provide a covered party with technical assistance in developing a proposed Agreement. An Agreement may apply to a covered party that conducts activities on land administered by any Federal agency pursuant to a permit or lease issued to the covered party by that Federal agency. An Agreement approved under this subsection shall be deemed to have been granted an exemption under section 7(h) for the purposes of that section. Information submitted by a private party to the Secretary under this subsection shall be exempt from disclosure under section 552(b)(3)(B) of title 5, United States Code. In this subsection: The term Agreement means— a Candidate Conservation Agreement with Assurances; or a programmatic Candidate Conservation Agreement with Assurances. The term Candidate Conservation Agreement with Assurances means any voluntary agreement, including a conservation benefit agreement, between the Secretary and a covered party in which— the covered party commits to implementing mutually agreed upon conservation measures for a candidate species; and the Secretary provides assurances that, if such candidate species is listed pursuant to section 4— the covered party shall incur no additional obligations beyond actions agreed to in the agreement with respect to conservation activities required under this Act; and no additional land, water, or resource use restrictions shall be imposed on the covered party beyond those included in the agreement. The term candidate species means a species— designated by the Secretary as a candidate species under this Act; or proposed to be listed pursuant to section 4. The term covered party means a— party that conducts activities on land administered by a Federal agency pursuant to a permit or lease issued to the party; private property owner; county; State or State agency; or Tribal government. The term covered species means, with respect to an Agreement, the species that is the subject of such Agreement. The term net conservation benefit means the net effect of an Agreement, determined by comparing the existing situation of the candidate species without the Agreement in effect and a situation in which the Agreement is in effect, on a candidate species, including— the net effect on threats to such species; the net effect on the number of individuals of such species; or the net effect on the habitat of such species. The term programmatic Candidate Conservation Agreement with Assurances means a Candidate Conservation Agreement with Assurances described in paragraph (4)(A). .
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