article: SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Endangered Species Criminal and Civil Penalties Liability Reform Act''. (b) References to Endangered Species Act of 1973.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to that section or provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 2. SPECIFIC INTENT REQUIRED FOR PENALTIES REGARDING TAKINGS OF SPECIES. Section 9 (16 U.S.C. 1538) is amended by adding at the end the following: ``(h) Specific Intent Required for Taking.--For purposes of this section, the term `take' means to-- ``(1) knowingly and intentionally perform any act with the knowledge that the act would constitute harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting an individual member of a species that was present at the time and location of the act; or ``(2) attempt to engage in conduct described in paragraph (1).''. SEC. 3. REQUIREMENT TO PROVIDE NOTICE AND OPPORTUNITY TO CORRECT VIOLATION. Section 10 (16 U.S.C. 1540) is amended by adding at the end the following: ``(k) Notice and Opportunity To Correct Violation.-- ``(1) In general.--A person shall not be liable for any criminal or civil penalty for a violation of this Act committed while conducting an otherwise lawful activity and not for the purpose of a taking prohibited by this Act, unless-- ``(A) the Secretary provides the person notice of the violation; and ``(B) the person fails to terminate and otherwise correct the activity constituting the violation by not later than 30 days after the date of the notice. ``(2) Corrective action.--A person may correct an activity for purposes of paragraph (1)(B) by mitigation, entering into a binding commitment to carry out mitigation, or other method that is determined by the Secretary to be reasonably calculated to restore the species to its status immediately prior to the activity.''. SEC. 4. NO SURPRISES. Section 10(a) (16 U.S.C. 1539(a)) is amended by adding at the end the following: ``(3)(A) Each conservation plan developed under this subsection shall include provisions under which a person who has entered into, and is in compliance with, the conservation plan may not, without their consent, be required to undertake any additional mitigation measures for species covered by the plan if the measures would require payment of money, or compliance with use, development, or management restrictions on any land, waters, or water-related rights, in addition to payments or compliance, respectively, otherwise required under the terms of the plan. ``(B) The provisions required by subparagraph (A) shall, among other matters, identify-- ``(i) modifications to the plan; or ``(ii) additional conservation measures; if any, that the Secretary may require under extraordinary circumstances.''. SEC. 5. KNOWLEDGE OF ENDANGERED OR THREATENED STATUS REQUIRED FOR ENFORCEMENT ACTIONS. Section 11 (16 U.S.C. 1540) is further amended by adding at the end the following: ``(h) Knowledge of Endangered or Threatened Status Required.--In any enforcement action or citizen suit under this Act in which it is alleged that the defendant acted or failed to act with respect to a member of a species listed under section 4(c), it is an affirmative defense to the allegation that the defendant could not reasonably have known that the fish or wildlife or plant concerned is a member of an endangered species or threatened species.''. SEC. 6. SAFE HARBOR AGREEMENTS. Section 10 (16 U.S.C. 1539) is further amended by adding at the end thereof the following new subsection: ``(m) Safe Harbor Agreements.-- ``(1) Agreements.-- ``(A) In general.--The Secretary may enter into agreements with non-Federal persons to benefit the conservation of endangered species or threatened species by creating, restoring, or improving habitat or by maintaining currently unoccupied habitat for endangered species or threatened species. Under an agreement, the Secretary shall permit the person to take endangered species or threatened species included under the agreement on lands or waters that are subject to the agreement if the taking is incidental to, and not the purpose of, carrying out of an otherwise lawful activity, provided that the Secretary may not permit through such agreements any incidental take below the baseline requirement specified pursuant to subparagraph (B). ``(B) Baseline.--For each agreement under this subsection, the Secretary shall establish a baseline requirement that is mutually agreed upon by the applicant and the Secretary at the time of the agreement that will, at a minimum, maintain existing conditions for the species covered by the agreement on lands and waters that are subject to the agreement. The baseline may be expressed in terms of the abundance or distribution of endangered or threatened species, quantity or quality of habitat, or such other indicators as appropriate. ``(2) Standards and guidelines.--The Secretary shall issue standards and guidelines for the development and approval of safe harbor agreements in accordance with this subsection. ``(3) Financial assistance.-- ``(A) In general.--In cooperation with the States and subject to the availability of appropriations under section 15(d), the Secretary may provide a grant of up to $10,000 to any individual private landowner to assist the landowner in carrying out a safe harbor agreement under this subsection. ``(B) Prohibition on assistance for required activities.--The Secretary may not provide assistance under this paragraph for any action that is required by a permit issued under this Act or that is otherwise required under this Act or other Federal law. ``(C) Other payments.--Grants provided to an individual private landowner under this paragraph shall be in addition to, and not affect, the total amount of payments that the landowner is otherwise eligible to receive under the Conservation Reserve Program (16 U.S.C. 3831 et seq.), the Wetlands Reserve Program (16 U.S.C. 3837 et seq.), or the Wildlife Habitat Incentives Program (16 U.S.C. 3836a).''.
summary: Endangered Species Criminal and Civil Penalties Liability Reform Act - Amends the Endangered Species Act of 1973 to define "take" to mean to knowingly and intentionally perform any act with the knowledge that the act would constitute harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting an individual member of a species that was present at the time and location of the act, or to attempt to engage in such conduct. Prohibits a person from being liable for any criminal or civil penalty for a violation committed while conducting an otherwise lawful activity and not for the purpose of a prohibited taking, unless: (1) the Secretary of the Interior provides the person with notice of the violation; and (2) the person fails to terminate and correct the activity constituting the violation by not later than 30 days after the date of the notice. Requires each conservation plan developed to include provisions under which persons who have entered into, and are in compliance with, the conservation plan may not, without their consent, be required to undertake any additional mitigation measures for species covered by the plan if the measures would require payment or compliance with use, development, or management restrictions on any land, waters, or water related rights, in addition to payments or compliance, respectively, otherwise required under the terms of the plan. Requires such provisions, among other matters, to identify modifications to the plan or additional conservation measures, if any, that the Secretary may require under extraordinary circumstances. Makes it an affirmative defense, in any enforcement action or citizen suit in which it is alleged that a defendant acted or failed to act with respect to a member of an endangered or threatened species, that the defendant could not reasonably have known that the fish or wildlife or plant concerned is a member of an endangered or threatened species. Authorizes the Secretary to: (1) enter into "safe harbor" agreements with non-Federal persons to benefit the conservation of endangered or threatened species by creating, restoring, or improving habitat or by maintaining currently unoccupied habitat; and (2) provide a grant of up to $10,000 to any individual private landowner to assist the landowner in carrying out such an agreement.