text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Permit Reassurances Enabling Direct 
  Improvements for Conservation, Tenants, and Species Act of 2018'' or 
  the ``PREDICTS Act of 2018''.
  
  SEC. 2. CODIFICATION OF THE ``NO SURPRISES'' REGULATIONS.
  
      (a) Definitions.--Section 3 of the Endangered Species Act of 1973 
  (16 U.S.C. 1532) is amended as follows:
              (1) By inserting after paragraph (1) the following:
              ``(_) Changed circumstances.--The term `changed 
          circumstances'--
                      ``(A) means changes in circumstances affecting a 
                  species or geographic area covered by a covered plan or 
                  agreement that can reasonably be anticipated by 
                  developers of such plan or agreement, respectively, and 
                  the Secretary, and that can reasonably be planned for; 
                  and
                      ``(B) includes--
                              ``(i) additions of species to lists 
                          published under section 4(c); and
                              ``(ii) a fire or other natural catastrophic 
                          event in an area prone to such an event.''.
              (2) By inserting after paragraph (3) the following:
              ``(_) Covered plan or agreement.--The term `covered plan or 
          agreement' means a conservation plan required under section 
          10(a)(2)(A) or a candidate conservation agreement with 
          assurances under section 10(k), respectively.''.
              (3) By inserting after paragraph (5) the following:
              ``(_) Conserved habitat areas.--The term `conserved habitat 
          areas' means areas explicitly designated for habitat 
          restoration, acquisition, protection, or other conservation 
          purposes under a covered plan or agreement.''.
              (4) By inserting after paragraph (13) the following:
              ``(_) Operating conservation program.--The term `operating 
          conservation program' means those conservation management 
          activities that are expressly described in a covered plan or 
          agreement and that are to be undertaken for the affected 
          species when implementing the plan or agreement, respectively, 
          including measures to respond to changed circumstances.''.
              (5) By inserting after paragraph (24) the following:
              ``(_) Unforeseen circumstances.--The term `unforeseen 
          circumstances' means changes in circumstances affecting a 
          species or geographic area covered by a covered plan or 
          agreement that could not reasonably have been anticipated by 
          plan developers and the Secretary at the time of the 
          development of such plan or agreement, respectively, and that 
          result in a substantial and adverse change in the status of the 
          covered species.''.
              (6) By redesignating the paragraphs of such section as 
          paragraphs (1) through (25), respectively.
      (b) Conforming Amendment.--Section 7(n) of such Act (16 U.S.C. 
  1536(n)) is amended by striking ``section 3(13)'' and inserting 
  ``section 3(16)''.
      (c) Assurances Governing Permit, Plan, Candidate Conservation 
  Agreement With Assurances, and Safe Harbor Agreement Issuance, 
  Modification, and Revocation.--Section 10 of such Act (16 U.S.C. 1539) 
  is amended as follows:
              (1) Subsection (a)(2)(B) is amended in the matter following 
          clause (v) by adding at the end the following: ``In addition, 
          each permit issued under paragraph (1)(B), each candidate 
          conservation agreement with assurances entered into under 
          subsection (k), and each safe harbor agreement entered into 
          under subsection (l) shall contain the assurances governing 
          permit revocation, changed circumstances, and unforeseen 
          circumstances set forth in subparagraph (2)(C) and paragraph 
          (3) of this subsection.''.
              (2) Subsection (a)(2)(C) is amended by inserting ``(i)'' 
          before the text, and by adding at the end the following:
      ``(ii) The Secretary may not revoke a permit issued under paragraph 
  (1)(B) other than as required in clause (i), and may not terminate any 
  candidate conservation agreement with assurances under subsection (k) 
  or safe harbor agreement entered into under subsection (l), unless the 
  Secretary finds that--
              ``(I) continuation of the permitted activity or activity 
          authorized under such an agreement, respectively, would be 
          inconsistent with any of the criteria set forth in subparagraph 
          (B); and
              ``(II) the inconsistency has not been remedied in a timely 
          fashion.''.
              (3) Subsection (a) is amended by adding at the end the 
          following:
      ``(3) Each permit issued by the Secretary under paragraph (1)(B), 
  each candidate conservation agreement with assurances entered into 
  under subsection (k), and each safe harbor agreement entered into under 
  subsection (l) shall be subject to the following assurances addressing 
  changed circumstances and unforeseen circumstances:
              ``(A) If additional conservation and mitigation measures 
          are deemed necessary to respond to changed circumstances and 
          are specified in the operating conservation program of the 
          conservation plan for the permit or in such agreement, 
          respectively, the permittee shall implement such measures.
              ``(B) If additional conservation and mitigation measures 
          are deemed necessary to respond to changed circumstances and 
          are not specified in the operating conservation program of the 
          conservation plan for the permit or in such agreement, 
          respectively, the Secretary may not require any conservation 
          and mitigation measures in addition to those specified in the 
          plan or agreement, respectively, without the consent of the 
          permittee.
              ``(C)(i) In negotiating unforeseen circumstances, the 
          Secretary may not require the commitment of additional land, 
          water, or financial compensation or additional restrictions on 
          the use of land, water, or other natural resources beyond the 
          level otherwise agreed upon for the species covered by the 
          conservation plan or by such agreement, respectively, without 
          the consent of the permittee.
              ``(ii) If additional conservation and mitigation measures 
          are deemed necessary to respond to unforeseen circumstances, 
          the Secretary may require additional measures of the permittee 
          where the conservation plan or agreement, respectively, is 
          being properly implemented, but only if such measures--
                      ``(I) are limited to modifications within conserved 
                  habitat areas, if any, or to the conservation plan's or 
                  agreement's operating conservation program for the 
                  affected species;
                      ``(II) maintain the original terms and structures 
                  of the conservation plan or agreement to the maximum 
                  extent possible; and
                      ``(III) will not involve the commitment of 
                  additional land, water, or financial compensation or 
                  additional restrictions on the use of land, water, or 
                  other natural resources otherwise available for 
                  development or use under the original terms of the 
                  conservation plan or agreement, without the consent of 
                  the permittee.
              ``(iii) The Secretary shall have the burden of 
          demonstrating that unforeseen circumstances exist, using the 
          best scientific and commercial data available. The Secretary 
          shall clearly document any finding that unforeseen 
          circumstances exist, and shall base such finding on reliable 
          technical information regarding the status and habitat 
          requirements of the affected species. In making such finding, 
          the Secretary will consider, among other matters, the following 
          factors:
                      ``(I) The size of the current range of the affected 
                  species.
                      ``(II) The percentage of such range adversely 
                  affected by the conservation plan or agreement.
                      ``(III) The percentage of such range conserved by 
                  the conservation plan or agreement.
                      ``(IV) The ecological significance of that portion 
                  of the range affected by the conservation plan or 
                  agreement.
                      ``(V) The level of knowledge about the affected 
                  species and the degree of specificity of the species' 
                  conservation program under the conservation plan or 
                  agreement.
                      ``(VI) Whether failure to adopt additional 
                  conservation measures would appreciably reduce the 
                  likelihood of survival and recovery of the affected 
                  species in the wild.
              ``(iv) The Secretary shall--
                      ``(I) present a record of the analyses of the 
                  status of unforeseen circumstances to the permittee 
                  before requiring any additional conservation or 
                  mitigation measures of the permittee or agreement party 
                  under clause (ii); and
                      ``(II) include in the record a qualitative and 
                  quantitative analysis of each of the factors specified 
                  in subclauses (I) through (VI) of clause (iii).''.
  
  SEC. 3. CANDIDATE CONSERVATION AGREEMENTS WITH ASSURANCES.
  
      (a) Permits.--Section 10(a)(1) of the Endangered Species Act of 
  1973 (16 U.S.C. 1539(a)(1)) is amended--
              (1) by striking ``or'' at the end of subparagraph (A);
              (2) by striking the period at the end of subparagraph (B) 
          and inserting ``; or''; and
              (3) by adding at the end the following:
                      ``(C) any taking incidental to, and not the purpose 
                  of, the carrying out of an otherwise lawful activity 
                  pursuant to a candidate conservation agreement with 
                  assurances entered into under subsection (k) or a safe 
                  harbor agreement entered into under subsection (l).''.
      (b) Agreements.--Section 10 of such Act (16 U.S.C. 1539) is amended 
  by adding at the end the following:
      ``(k) Candidate Conservation Agreements.--
              ``(1) In general.--At the request of any non-Federal 
          person, the Secretary may enter into a candidate conservation 
          agreement with assurances with the person for a species that 
          has been proposed for listing under section 4(c)(1), is a 
          candidate species, or is likely to be considered for listing in 
          the near future on areas where the person has a fee simple, 
          leasehold, or other property interest (including water or other 
          natural resources) sufficient to carry out the proposed 
          management activities, including on lands or waters under 
          Federal ownership or control.
              ``(2) Review by the secretary.--
                      ``(A) Submission to the secretary.--A non-Federal 
                  person may submit a candidate conservation agreement 
                  with assurances developed under paragraph (1) to the 
                  Secretary for review at any time prior to the listing 
                  described in section 4(c)(1) of a species that is the 
                  subject of the agreement.
                      ``(B) Criteria for approval.--The Secretary may 
                  approve an agreement and issue a permit under 
                  subsection (a)(1)(C) for the agreement if, after notice 
                  and opportunity for public comment, the Secretary finds 
                  that--
                              ``(i) for species proposed for listing, 
                          candidates for listing, or are likely to be 
                          considered for listing in the near future, that 
                          are included in the agreement, the actions 
                          taken under the agreement, would provide a 
                          beneficial contribution to the conservation of 
                          the species or its habitat during the duration 
                          of the agreement;
                              ``(ii) the actions taken under the 
                          agreement will not appreciably reduce the 
                          likelihood of survival and recovery of an 
                          endangered species or a threatened species; and
                              ``(iii) the agreement includes such 
                          monitoring and reporting requirements as 
                          reasonably necessary for determining whether 
                          the terms and conditions of the agreement are 
                          being complied with.
              ``(3) Effective date of permit.--A permit issued under 
          subsection (a)(1)(C) shall take effect at the time the species 
          is listed pursuant to section 4(c), if the permittee is in full 
          compliance with the terms and conditions of the agreement.
              ``(4) Assurances.--A person who has entered into a 
          candidate conservation agreement under this subsection, and is 
          in compliance with the agreement, may not be required to 
          undertake any additional measures for species covered by such 
          agreement if the measures would require the payment of 
          additional money, or the adoption of additional use, 
          development, or management restrictions on any land, waters, or 
          water-related rights that would otherwise be available under 
          the terms of the agreement without the consent of the person 
          entering into the agreement. The Secretary and the person 
          entering into a candidate conservation agreement, by the terms 
          of the agreement, shall identify--
                      ``(A) other modifications to the agreement; or
                      ``(B) other additional measures;
          if any, that the Secretary may require under extraordinary 
          circumstances.''.
  
  SEC. 4. SAFE HARBOR AGREEMENTS.
  
      Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) 
  (as amended by section 3) is further amended by adding at the end the 
  following:
      ``(l) 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 areas as 
                  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, except that the Secretary may not permit 
                  through an agreement any incidental taking 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 on 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) Criteria for approval.--The Secretary may approve an 
          agreement and issue a permit under subsection (a)(1)(C) for the 
          agreement if, after notice and opportunity for public comment, 
          the Secretary finds that--
                      ``(A) the implementation of the terms of the 
                  agreement is reasonably expected to provide a 
                  beneficial contribution to the recovery of the species 
                  during the duration of the agreement;
                      ``(B) the take will be incidental to an otherwise 
                  lawful activity and will be in accordance with the 
                  terms of the agreement;
                      ``(C) the actions taken under the agreement will 
                  not appreciably reduce the likelihood of survival and 
                  recovery of an endangered species or threatened 
                  species; and
                      ``(D) the agreement includes such monitoring and 
                  reporting requirements as reasonably necessary for 
                  determining whether the terms and conditions of the 
                  agreement are being complied with.
              ``(3) Effective date of the permit.--A permit issued under 
          subsection (a)(1)(C) shall take effect on the day of issuance 
          for species covered by the agreement.''.
  
  SEC. 5. FINANCIAL ASSISTANCE.
  
      Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) 
  (as amended by section (4)) is further amended by adding at the end the 
  following:
      ``(m) Financial Assistance.--
              ``(1) In general.--In cooperation with the States and 
          subject to the availability of appropriations, the Secretary 
          may provide a grant of up to $10,000 to any individual private 
          landowner to assist the landowner in carrying out a candidate 
          conservation agreement with assurances or safe harbor agreement 
          under this subsection.
              ``(2) Prohibition on assistance for required activities.--
          The Secretary may not provide assistance under this paragraph 
          for any action that is required by a permit, candidate 
          conservation agreement with assurances, or safe harbor 
          agreement under this Act or that is otherwise required under 
          this Act or other Federal law.
              ``(3) Other payments.--A grant 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 Federal law.''.
target: Permit Reassurances Enabling Direct Improvements for Conservation, Tenants, and Species Act of 2018 or the PREDICTS Act of 2018 This bill amends the Endangered Species Act of 1973 to provide statutory authority for requirements regarding habitat conservation plans, candidate conservation agreements, and safe harbor agreements. Those plans and agreements give nonfederal property owners incentives, such as assurances regarding resource use restrictions, if the owner contributes towards the recovery or conservation of an endangered species, a threatened species, or a species that is a candidate for listing as an endangered or threatened species.  Under current regulations, a habitat conservation plan is required for entities to hold an incidental take permit for a project that may result in the incidental taking of an endangered or threatened species. Under candidate conservation agreements and safe harbor agreements, property owners enter into agreements with the Department of the Interior or the Department of Commerce, as appropriate, to address the needs of endangered, threatened, or candidate species in exchange for assurances regarding resource use restrictions that might be imposed if circumstances change. Each incidental take permit, candidate conservation agreement, and safe harbor agreement must contain certain assurances governing permit revocation, changed circumstances, and unforeseen circumstances as prescribed by the bill. The departments may provide grants to individual private landowners to assist the landowners in carrying out candidate conservation agreements or safe harbor agreements.
feat_title: Permit Reassurances Enabling Direct Improvements for Conservation, Tenants, and Species Act of 2018