SEC. 711. PURPOSES.

• The purposes of this subtitle are the following:

• • (1) To provide a dedicated source of funding to the 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)(7)(B) of this Act in a fiscal year shall be available to the Secretary of the Interior without further appropriation, in that fiscal year, 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 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--

• • • (A) on land owned by a small landowner; or

• • • (B) on a family farm by the owner or operator of the family farm.

• (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. 1531 et seq.) 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 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.

SEC. 715. DEFINITIONS.

• In this subtitle:

• • (1) ENDANGERED OR THREATENED SPECIES- The term `endangered or threatened species' means any species that is listed as an endangered species or threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533).

• • (2) FAMILY FARM- The term `family farm' means a farm that--

• • • (A) produces agricultural commodities for sale in such quantities so as to be recognized in the community as a farm and not as a rural residence;

• • • (B) produces enough income, including off-farm employment, to pay family and farm operating expenses, pay debts, and maintain the property;

• • • (C) is managed by the operator;

• • • (D) has a substantial amount of labor provided by the operator and the operator's family; and

• • • (E) uses seasonal labor only during peak periods, and uses no more than a reasonable amount of full-time hired labor.

• • (3) SECRETARY- The term `Secretary' means the Secretary of the Interior or the Secretary of Commerce, in accordance with section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532).

• • (4) SMALL LANDOWNER- The term `small landowner' means an individual who owns 50 acres or fewer of land.

• • (5) SPECIES RECOVERY AGREEMENT- The term `species recovery agreement' means an Endangered and Threatened Species Recovery Agreement entered into by the Secretary under section 714.