text: 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).''.
target: 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.
feat_title: Endangered Species Criminal and Civil Penalties Liability Reform Act