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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1897 Reported in House (RH)]
<DOC>
Union Calendar No. 489
119th CONGRESS
2d Session
H. R. 1897
[Report No. 119-568]
To amend the Endangered Species Act of 1973 to optimize conservation
through resource prioritization, incentivize wildlife conservation on
private lands, provide for greater incentives to recover listed
species, create greater transparency and accountability in recovering
listed species, streamline the permitting process, eliminate barriers
to conservation, and restore congressional intent.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 6, 2025
Mr. Westerman (for himself, Ms. Hageman, Mr. Stauber, Mr. Tiffany, Mr.
Gosar, Mr. Hurd of Colorado, Mr. Newhouse, Mr. Bentz, Mr. Fulcher, Mr.
Begich, Mr. Ezell, Mr. Amodei of Nevada, Mr. Hunt, Ms. Maloy, Mr. Biggs
of Arizona, and Mr. LaMalfa) introduced the following bill; which was
referred to the Committee on Natural Resources
March 24, 2026
Additional sponsors: Ms. Boebert, Mr. McDowell, Mr. Collins, Mr.
Calvert, Mr. Walberg, Mr. Downing, Mr. Higgins of Louisiana, Mr.
Grothman, Mr. Latta, Mr. Rulli, and Mr. Thompson of Pennsylvania
March 24, 2026
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March
6, 2025]
_______________________________________________________________________
A BILL
To amend the Endangered Species Act of 1973 to optimize conservation
through resource prioritization, incentivize wildlife conservation on
private lands, provide for greater incentives to recover listed
species, create greater transparency and accountability in recovering
listed species, streamline the permitting process, eliminate barriers
to conservation, and restore congressional intent.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``ESA Amendments Act
of 2025''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Endangered Species Act of 1973 definitions.
Sec. 3. Authorization of appropriations.
Sec. 4. Rule of construction.
Sec. 5. Renaming of Endangered Species Act of 1973 to Endangered
Species Recovery Act.
TITLE I--OPTIMIZING CONSERVATION THROUGH RESOURCE PRIORITIZATION
Sec. 101. Prioritization of listing petitions, reviews, and
determinations.
TITLE II--INCENTIVIZING WILDLIFE CONSERVATION ON PRIVATE LANDS
Sec. 201. Conservation Benefit Agreements.
Sec. 202. Conservation plans.
Sec. 203. NEPA exemption for incidental take permits.
TITLE III--PROVIDING FOR GREATER INCENTIVES TO RECOVER LISTED SPECIES
Sec. 301. Protective regulations under Endangered Species Act of 1973.
Sec. 302. 5-year review determinations.
Sec. 303. Judicial review during monitoring period.
Sec. 304. Designation of critical habitat.
Sec. 305. Treatment of State, Tribal, and local government data.
Sec. 306. Clarifying significant portion of range of species.
Sec. 307. Delisting criteria.
TITLE IV--CREATING GREATER TRANSPARENCY AND ACCOUNTABILITY IN
RECOVERING LISTED SPECIES
Sec. 401. Requirement to publish basis for listings and critical
habitat designations online.
Sec. 402. Decisional transparency and use of State, Tribal, and local
information.
Sec. 403. Disclosure of expenditures under Endangered Species Act of
1973.
Sec. 404. Award of litigation costs to prevailing parties in accordance
with existing law.
Sec. 405. Analysis of impacts and benefits of determination of
endangered or threatened status.
Sec. 406. Notification of Congress of certain critical habitat
designations.
Sec. 407. Notification of Congress of certain releases of experimental
populations.
Sec. 408. Annual cost analysis by the Fish and Wildlife Service.
TITLE V--STREAMLINING PERMITTING PROCESS
Sec. 501. Limitation on reasonable and prudent measures.
Sec. 502. Successive consultations.
Sec. 503. Clarifying jeopardy.
Sec. 504. Clarifying action area.
Sec. 505. Judicial review.
Sec. 506. Expansion of exemption process and eligibility under section
7 of Endangered Species Act of 1973.
TITLE VI-- ELIMINATING BARRIERS TO CONSERVATION
Sec. 601. Permits for CITES-listed species.
Sec. 602. Utilize Convention standard for permits applicable to non-
native species.
TITLE VII--RESTORING CONGRESSIONAL INTENT
Sec. 701. Limiting agency regulations.
SEC. 2. ENDANGERED SPECIES ACT OF 1973 DEFINITIONS.
(a) Foreseeable Future.--Section 3(20) Endangered Species Act of
1973 (16 U.S.C. 1532(20)) is amended by--
(1) striking ``The term'' and inserting ``(A) The term'';
and
(2) by adding at the end the following:
``(B) For the purposes of applying subparagraph (A), the term
`foreseeable future' means the period of time extending into the future
within which the Secretary, based on the best scientific and commercial
data available, is able to determine that a factor described in
subparagraphs (A) through (E) of section 4(a)(1) is likely to occur
with respect to the species.''.
(b) Commercial Activity.--Section 3(2) Endangered Species Act of
1973 (16 U.S.C. 1532(2)) is amended by inserting ``or public display or
education aimed at the preservation or conservation of a species''
after ``organizations''.
(c) Conserve; Conserving; Conservation.--Section 3(3) of the
Endangered Species Act of 1973 (16 U.S.C. 1532(3)) is amended by
striking ``and transplantation, and, in the extraordinary case where
population pressures within a given ecosystem cannot be otherwise
relieved, may include'' and inserting ``transplantation, and, at the
discretion of the Secretary,''.
(d) Habitat.--Section 3(5) of the Endangered Species Act of 1973
(16 U.S.C. 1532(5)) is amended by adding at the end the following:
``(D)(i) For the purpose of designating critical habitat for a
threatened species or an endangered species under this Act, the term
`habitat'--
``(I) means the abiotic and biotic setting that currently
or periodically contains the resources and conditions necessary
to support 1 or more life processes of the threatened species
or endangered species; and
``(II) does not include an area--
``(aa) outside the current or historic range of the
threatened species or endangered species; or
``(bb) visited by only vagrant individual members
of the threatened species or endangered species.
``(ii) If the setting described in clause (i)(I) does not support
all of the life processes of the relevant threatened species or
endangered species, the threatened species or endangered species must
be able to access, from the setting, other areas necessary to support
its remaining life processes.''.
(e) Best Scientific and Commercial Data Available.--Section 3 of
the Endangered Species Act of 1973 (16 U.S.C. 1532) is amended--
(1) by redesignating paragraphs (2) through (10) as
paragraphs (3) through (11), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) The terms `best scientific and commercial data available' and
`best scientific data available'--
``(A) mean all relevant and objective scientific and
commercial information available at the time of the agency
action; and
``(B) include credible and reliable data, quantitative
analyses, conceptual and numerical models, and model results
that--
``(i) account for known or potential sources or
error;
``(ii) are applied using prevailing principles,
methods, tools, and professional standards of practice;
and
``(iii) are impartially gathered and objectively
applied without reliance on precautionary assumptions
in favor of a species or other assumptions or policy
prescriptions that bias the application.''.
(f) Environmental Baseline.--Section 7 of the Endangered Species
Act of 1973 (16 U.S.C. 1536) is amended by adding at the end the
following:
``(q) Environmental Baseline Defined.--In this section, the term
`environmental baseline'--
``(1) means the condition of the species or the critical
habitat of the species in the area directly affected by the
agency action at the time of the proposed agency action,
without the consequences to the species or the critical habitat
of the species caused by the proposed action; and
``(2) includes--
``(A) the past and present effects of all Federal,
State, local, and private actions and other human
activities in the area directly affected by the agency
action;
``(B) the anticipated effects of each proposed
Federal project within the area directly affected by
the agency action for which a consultation under this
section has been completed;
``(C) the effects of State and private actions that
are contemporaneous with the consultation in process;
``(D) existing structures and facilities and the
past, present, and future effects of the physical
existence of such structures and facilities on the
species or the critical habitat of the species; and
``(E) the effects of Federal actions being carried
out at the time of the proposed agency action and
existing Federal facilities that are not within the
discretion of the Secretary to modify.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 15 of the Endangered Species Act of 1973
(16 U.S.C. 1542) is amended--
(1) in subsection (a)--
(A) by striking ``subsection (b), (c), and (d)''
and inserting ``subsections (b) and (c)'';
(B) in paragraph (1)--
(i) by striking ``and'' after ``fiscal year
1991,''; and
(ii) by inserting ``, and $287,978,000 for
each of fiscal years 2026 through 2031'' after
``fiscal year 1992'';
(C) in paragraph (2)--
(i) by striking ``and'' after ``fiscal
years 1989 and 1990,''; and
(ii) by inserting ``, and $105,400,000 for
each of fiscal years 2026 through 2031'' after
``fiscal years 1991 and 1992''; and
(D) in paragraph (3)--
(i) by striking ``and'' after ``fiscal
years 1989 and 1990,''; and
(ii) by inserting ``and $2,600,000 for each
of fiscal years 2026 through 2031'' after
``fiscal years 1991 and 1992,'';
(2) in subsection (b), by inserting ``and $600,000 for each
of fiscal years 2026 through 2031'' after ``1992''; and
(3) in subsection (c)--
(A) by striking ``and'' after ``fiscal years 1988,
1989, and 1990,''; and
(B) by inserting ``and $9,900,000 for each of
fiscal years 2026 through 2031,'' after ``fiscal years
1991 and 1992,''.
(b) Technical Amendment.--Section 15(b) of the Endangered Species
Act of 1973 (16 U.S.C. 1542(b)) is amended by striking ``sections 7
(e), (g), and (h)'' and inserting ``subsections (e), (g), and (h) of
section 7''.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act may be
construed to enlarge or diminish the authority, jurisdiction, or
responsibility of a State (as that term is defined in section 3 of the
Endangered Species Act of 1973 (16 U.S.C. 1532)) to manage, control, or
regulate fish and wildlife on lands and waters, including Federal lands
and waters, within the State.
SEC. 5. RENAMING OF ENDANGERED SPECIES ACT OF 1973 TO ENDANGERED
SPECIES RECOVERY ACT.
(a) Renaming.--The first section of the Endangered Species Act of
1973 (16 U.S.C. 1531 note; Public Law 93-205) is amended by striking
``may be cited as the `Endangered Species Act of 1973''' and inserting
``may be cited as the `Endangered Species Recovery Act'''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the ``Endangered Species
Act of 1973'' shall be deemed to be a reference to the ``Endangered
Species Recovery Act''.
TITLE I--OPTIMIZING CONSERVATION THROUGH RESOURCE PRIORITIZATION
SEC. 101. PRIORITIZATION OF LISTING PETITIONS, REVIEWS, AND
DETERMINATIONS.
(a) In General.--Section 4 of the Endangered Species Act of 1973
(16 U.S.C. 1533) is amended by adding at the end the following:
``(j) National Listing Work Plan.--
``(1) In general.--Not later than the date described in
paragraph (2), the Secretary shall submit to Congress a
national listing work plan that establishes, for each covered
species, a schedule for the completion during the 5-fiscal year
period beginning on October 1 of the first fiscal year after
the date of the submission of the work plan of--
``(A) findings as described in subsection
(b)(3)(B);
``(B) any proposed or final determination under
subsection (a)(1) required by a court order, court
decree, or court-approved settlement agreement; and
``(C) any proposed or final designation of critical
habitat under subsection (a)(3) required by a court
order, court decree, or court-approved settlement
agreement.
``(2) Submission to congress.--
``(A) In general.--The Secretary shall submit to
Congress--
``(i) together with the budget request of
the Secretary for the first fiscal year that
begins not less than 365 days after the date of
the enactment of this subsection, the initial
work plan required under paragraph (1); and
``(ii) together with the budget request of
the Secretary for each fiscal year thereafter,
an updated work plan under paragraph (1).
``(B) Additional inclusions.--The Secretary shall
include with each budget request referred to in
subparagraph (A) a description of the amounts to be
requested to carry out the work plan for the fiscal
year covered by the budget request, including any
amounts requested to address potential future listings
of species considered on an emergency basis in that
fiscal year.
``(3) Priority.--
``(A) In general.--In developing a work plan under
this subsection, the Secretary shall assign to each
species included in the work plan a priority
classification of Priority 1 through Priority 5, such
that, as determined by the Secretary, the following
apply:
``(i) Priority 1 represents species of the
highest priority, to be designated as
critically imperiled and in need of immediate
action.
``(ii) Priority 2 represents species with
respect to which the best scientific and
commercial data available support a clear
decision regarding the status of the species.
``(iii) Priority 3 represents species with
respect to which studies regarding the status
of the species are being carried out--
``(I) to answer key questions that
may influence the findings of a
petition to list the species submitted
under subsection (b)(3); and
``(II) to resolve any uncertainty
regarding the status of the species
within a reasonable timeframe.
``(iv) Priority 4 represents species for
which proactive conservation efforts likely to
reduce the effects of the factors described in
subparagraphs (A) through (E) of subsection
(a)(1) on the species are being developed or
carried out, within a reasonable timeframe and
in an organized manner, by Federal agencies,
States, landowners, or other stakeholders.
``(v) Priority 5 represents species--
``(I) for which there exists little
information regarding--
``(aa) the effects of the
factors described in
subparagraphs (A) through (E)
of subsection (a)(1) on to the
species; or
``(bb) the status of the
species; or
``(II) that would receive limited
conservation benefit in the foreseeable
future by listing the species as a
threatened species or endangered
species under this section.
``(B) Use of methodology.--The Secretary shall
establish and assign priority classifications under
subparagraph (A) in accordance with the notice of the
Director of the United States Fish and Wildlife Service
titled `Methodology for Prioritizing Status Reviews and
Accompanying 12-Month Findings on Petitions for Listing
Under the Endangered Species Act' (81 Fed. Reg. 49248;
published July 27, 2016), or any successor document.
``(C) Extensions for certain priority
classifications.--
``(i) Priority 3.--With respect to a
species classified as Priority 3 under
subparagraph (A)(iii), if the Secretary
determines that additional time would allow for
more complete data collection or the completion
of studies relating to the species, the
Secretary may retain the species under the work
plan for a period of not more than 5 years
after the deadline under paragraph (4).
``(ii) Priority 4.--With respect to a
species classified as Priority 4 under
subparagraph (A)(iv), if the Secretary
determines that existing conservation efforts
continue to meet the conservation needs of the
species, the Secretary may retain the species
under the work plan for a period of not more
than 5 years after the deadline under paragraph
(4).
``(iii) Priority 5.--With respect to a
species classified as Priority 5 under
subparagraph (A)(v), the Secretary may retain
the species under the work plan for a period of
not more than 5 years after the deadline under
paragraph (4).
``(D) Revision of priority classification.--The
Secretary may revise, in accordance with subparagraph
(A), the assignment to a priority classification of a
species included in a work plan at any time.
``(E) Effect of priority classification.--The
assignment of a priority classification to a species
included in a work plan is not a final agency action.
``(4) Deadline.--The Secretary shall act on any petition to
add a species to a list published under subsection (c)
submitted under subsection (b)(3) not later than the last day
of the fiscal year specified for that petition in the most
recent work plan.
``(5) Regulations.--The Secretary may issue such
regulations as the Secretary determines appropriate to carry
out this subsection.
``(6) Effect of subsection.--Nothing in this subsection may
be construed to preclude or otherwise affect the emergency
listing authority of the Secretary under subsection (b)(7).
``(7) Definitions.--In this subsection:
``(A) Covered species.--The term `covered species'
means a species that is not included on a list
published under subsection (c)--
``(i) for which a petition to add the
species to such a list has been submitted under
subsection (b)(3); or
``(ii) that is otherwise under
consideration by the Secretary for addition to
such a list.
``(B) Work plan.--The term `work plan' means the
national listing work plan submitted by the Secretary
under paragraph (1).''.
(b) Conforming Amendment.--Section 4(b)(3)(B) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(b)(3)(B)) is amended by striking
``Within 12 months'' and inserting ``In accordance with the national
listing work plan submitted under subsection (j),''.
TITLE II--INCENTIVIZING WILDLIFE CONSERVATION ON PRIVATE LANDS
SEC. 201. CONSERVATION BENEFIT AGREEMENTS.
(a) Listing Determinations.--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:
``(C) 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 section 10(k)) of any approved
Conservation Benefit Agreement (as that term is defined in such
section) relating to the species.''.
(b) Conservation Benefit Agreements.--Section 10 of the Endangered
Species Act of 1973 (16 U.S.C. 1539) is amended by adding at the end
the following:
``(k) Conservation Benefit Agreements.--
``(1) Proposed agreement.--
``(A) In general.--A covered party may submit a
proposed Agreement to the Secretary.
``(B) Determination of completeness.--Not later
than 30 days after the date on which the Secretary
receives a proposed Agreement, the Secretary shall--
``(i) determine whether the proposed
Agreement is complete; and
``(ii) if the Secretary determines the
proposed Agreement is incomplete under clause
(i), provide the covered party with a written
explanation of such determination, including
any specific adjustment required for the
Secretary to determine the proposed Agreement
is complete.
``(C) Approval; rejection.--Not later than 120 days
after the date on which the Secretary receives a
proposed Agreement that the Secretary determines under
subparagraph (B)(i) is complete, the Secretary shall--
``(i) approve the proposed Agreement if the
Secretary determines that the proposed
Agreement--
``(I) is in compliance with, as
applicable, section 17.22(c)(1) or
17.32(c)(1) of title 50, Code of
Federal Regulations (or a successor
regulation); and
``(II) provides assurances to the
covered party that, if the covered
species becomes listed after the
effective date of such Agreement--
``(aa) no additional
conservation measures will be
required; and
``(bb) additional land,
water, or resource use
restrictions will not be
imposed on the covered party;
``(ii) reject the proposed Agreement if the
Secretary determines that the proposed
Agreement does not meet the requirements
described in subclauses (I) and (II) of clause
(i); and
``(iii) if the Secretary rejects the
proposed Agreement under clause (ii), provide
the submitting covered party a written
explanation for such rejection, including any
specific adjustment required, as of the date on
which the Secretary rejects the proposed
Agreement, for the Secretary to approve the
proposed Agreement.
``(2) Programmatic conservation benefit agreements.--The
Secretary may enter into a Conservation Benefit Agreement with
a covered party that authorizes such covered party--
``(A) to administer such Conservation Benefit
Agreement;
``(B) to hold any permit issued under this section
with regard to such Conservation Benefit Agreement;
``(C) to enroll other covered parties within the
area covered by such Conservation Benefit Agreement in
such Conservation Benefit Agreement; and
``(D) to convey any permit authorization held by
such covered party under clause (ii) to each covered
party enrolled under clause (iii).
``(3) Take authorization.--If a covered species is listed
as a threatened species or an endangered species under section
4, the Secretary, consistent with the applicable Agreement,
shall issue to the relevant covered party a permit under this
section for the incidental take of and modification to the
habitat of such covered species by such covered party.
``(4) Technical assistance.--The Secretary shall, upon the
request of a covered party, provide the covered party with
technical assistance in developing a proposed Agreement.
``(5) Applicability to federal land.--An Agreement may
apply with respect 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.
``(6) Exemptions.--
``(A) Consultation.--Section 7(a)(2) does not apply
to the approval by the Secretary of a proposed
Agreement under this subsection.
``(B) Disclosure.--Information submitted by a
private party to the Secretary pursuant to this
subsection shall be exempt from disclosure under
section 552(b)(3)(B) of title 5, United States Code.
``(C) National environmental policy act of 1969.--
The approval by the Secretary of a proposed Agreement
under this subsection shall not be considered a major
Federal action under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)).
``(7) Definitions.--In this subsection:
``(A) Affected species.--The term `affected
species' means a species--
``(i) designated by the Secretary as a
candidate species under this Act;
``(ii) proposed to be listed pursuant to
section 4; or
``(iii) that is declining and at risk of
being designated by the Secretary as a
candidate species under this Act.
``(B) Agreement.--The term `Agreement' means--
``(i) a Conservation Benefit Agreement; or
``(ii) a programmatic Conservation Benefit
Agreement.
``(C) Conservation benefit agreement.--The term
`Conservation Benefit Agreement' means the supporting
document required for the issuance of a permit under
subsection (a)(1)(A) to enhance the propagation or
survival of an affected species, as described in the
final rule issued by the United States Fish and
Wildlife Service titled `Endangered and Threatened
Wildlife and Plants; Enhancement of Survival and
Incidental Take Permits' (89 Fed. Reg. 26070; published
April 12, 2024).
``(D) Covered party.--The term `covered party'
means a--
``(i) party that conducts activities on
land administered by a Federal agency pursuant
to a permit or lease issued to the party;
``(ii) private property owner;
``(iii) county;
``(iv) State or State agency; or
``(v) Tribal government.
``(E) Covered species.--The term `covered species'
means, with respect to an Agreement, the affected
species that is the subject of such Agreement.
``(F) Net conservation benefit.--The term `net
conservation benefit' means the net effect of an
Agreement on the covered species, determined by
comparing the existing situation of the covered species
without the Agreement in effect and a situation in
which the Agreement is in effect, including the net
effect on--
``(i) the effects of the factors described
in subparagraphs (A) through (E) of subsection
(a)(1) on the covered species;
``(ii) the number of individuals of the
covered species; or
``(iii) the habitat of the covered species.
``(G) Programmatic conservation benefit
agreement.--The term `programmatic Conservation Benefit
Agreement' means a Conservation Benefit Agreement
described in paragraph (4).''.
SEC. 202. CONSERVATION PLANS.
(a) In General.--Section 10(a)(2) of the Endangered Species Act of
1973 (16 U.S.C. 1539(a)(2)) is amended--
(1) in subparagraph (B), by inserting ``, and shall include
the terms and conditions of the related conservation plan,
which shall be legally binding on all parties thereto'' after
``being complied with''; and
(2) by adding at the end the following:
``(D) Each Federal agency shall, as applicable and to the maximum
extent practicable, adopt the mitigation measures contained in a permit
issued under subparagraph (B) in any authorization issued by such
Federal agency with respect to the action that is covered by such
permit.
``(E) With respect to an action that is covered by a permit issued
under subparagraph (B) and consistent with the implementation of the
related conservation plan, the Secretary shall not seek any additional
mitigation measures through any other Federal or State or local process
from the permittee.''.
(b) Exemption From Consultation Requirement.--Section 10(a) of the
Endangered Species Act of 1973 (16 U.S.C. 1539(a)) is amended by adding
at the end the following:
``(3) Section 7(a)(2) does not apply to the issuance by the
Secretary of a permit under this subsection.''.
SEC. 203. NEPA EXEMPTION FOR INCIDENTAL TAKE PERMITS.
Section 10(a) of the Endangered Species Act of 1973 (16 U.S.C.
1539(a)) is amended by adding at the end the following:
``(4) The issuance of a permit under paragraph (2) shall not be
considered a major Federal action under section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).''.
TITLE III--PROVIDING FOR GREATER INCENTIVES TO RECOVER LISTED SPECIES
SEC. 301. PROTECTIVE REGULATIONS UNDER ENDANGERED SPECIES ACT OF 1973.
Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is
amended--
(1) in subsection (d), to read as follows:
``(d) Protective Regulations.--
``(1) Issuance.--
``(A) In general.--Whenever any species is listed
as a threatened species pursuant to subsection (c), the
Secretary shall issue such regulations as are necessary
and advisable to provide for the conservation of that
species.
``(B) Requirement.--In issuing a regulation under
subparagraph (A), the Secretary, consistent with the
findings, purposes, and policy described in section 2
and based on the best scientific and commercial data
available, shall consider the conservation and economic
effects of such regulation.
``(2) Recovery goals.--
``(A) In general.--If the Secretary issues a
regulation under paragraph (1) that prohibits an act
described in section 9(a), the Secretary shall, with
respect to the species that is the subject of such
regulation--
``(i) establish objective, incremental
recovery goals;
``(ii) provide for the stringency of such
regulation to decrease as such recovery goals
are met; and
``(iii) provide for State management within
such State, if such State is willing to take on
such management, beginning on the date on which
the Secretary determines that each such
recovery goal is met and, if each such recovery
goal remains met, continuing until such species
is removed from the list of threatened species
published pursuant to subsection (c).
``(B) Status review.--On the date on which the
Secretary determines that each recovery goal
established under subparagraph (A)(i) for a species is
met, the Secretary shall begin a review of the species
and subsequently determine, on the basis of such
review, whether the species should be removed from the
lists published pursuant to subsection (c)(1).
``(3) Cooperative agreement.--A regulation issued under
paragraph (1) that prohibits an act described in section 9(a)
with respect to a resident species shall apply with respect to
a State that has entered into a cooperative agreement with the
Secretary pursuant to section 6(c) only to the extent that such
regulation is adopted by such State.
``(4) State recovery strategy.--
``(A) In general.--A State may develop a recovery
strategy for a threatened species or a candidate
species and submit to the Secretary a petition for the
Secretary to use such recovery strategy as the basis
for any regulation issued under paragraph (1) with
respect to such species within such State.
``(B) Approval or denial of petition.--Not later
than 120 days after the date on which the Secretary
receives a petition submitted under subparagraph (A),
the Secretary shall--
``(i) approve such petition if the
Secretary determines the recovery strategy is
reasonably certain to be implemented by the
petitioning State and to be effective in
conserving the species that is the subject of
such recovery strategy; or
``(ii) deny such petition if the
requirements described in clause (i) are not
met.
``(C) Publication.--Not later than 60 days after
the date on which the Secretary approves or denies a
petition under subparagraph (B), the Secretary shall
publish such approval or denial on the website of the
applicable department.
``(D) Denial of petition.--
``(i) Written explanation.--If the
Secretary denies a petition under subparagraph
(B), the Secretary shall include in such denial
a written explanation for such denial,
including a description of the changes to such
petition that are necessary for the Secretary
to approve such petition.
``(ii) Resubmission of denied petition.--A
State may resubmit a petition that is denied
under subparagraph (B).
``(E) Use in protective regulations.--If the
Secretary approves a petition under subparagraph (B),
the Secretary shall--
``(i) issue a regulation under paragraph
(1) that adopts the recovery strategy as such
regulation with respect to the species that is
the subject of such recovery strategy within
the petitioning State; and
``(ii) establish objective criteria to
evaluate the effectiveness of such recovery
strategy in conserving such species within such
State.
``(F) Revision.--If a recovery strategy that is
adopted as a regulation issued under paragraph (1) is
determined by the Secretary to be ineffective in
conserving the species that is the subject of such
recovery strategy in accordance with the objective
criteria established under subparagraph (E)(ii) for
such recovery strategy, the Secretary shall revise such
regulation and reissue such regulation in accordance
with paragraph (1).''; and
(2) in subsection (f)(1)(B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iv) with respect to an endangered species,
objective, incremental recovery goals in accordance
with subsection (d)(2)(A) for use under that subsection
if such endangered species is changed in status from an
endangered species to a threatened species under
subsection (c)(2)(B)(ii).''.
SEC. 302. 5-YEAR REVIEW DETERMINATIONS.
Section 4(c) of the Endangered Species Act of 1973 (16 U.S.C.
1533(c)) is amended by adding at the end the following:
``(3) Not later than 30 days after the date on which the Secretary
makes a determination under paragraph (2)(B), the Secretary shall
initiate a rulemaking to carry out such determination.''.
SEC. 303. JUDICIAL REVIEW DURING MONITORING PERIOD.
Section 4(g) of the Endangered Species Act of 1973 (16 U.S.C.
1533(g)) is amended by adding at the end the following:
``(3) The removal of a species from a list published under
subsection (c)(1) is not subject to judicial review during the period
established under paragraph (1) with respect to the species.''.
SEC. 304. DESIGNATION OF CRITICAL HABITAT.
(a) Not Prudent Determinations.--Section 4(a)(3)(A) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)(A)) is amended to
read as follows:
``(A)(i) The Secretary, by regulation promulgated
in accordance with subsection (b) and to the maximum
extent prudent and determinable--
``(I) shall, concurrently with making a
determination under paragraph (1) that a
species is an endangered species or a
threatened species, designate any habitat of
such species which is then considered to be
critical habitat; and
``(II) may, from time-to-time thereafter as
appropriate, revise such designation.
``(ii) The Secretary may determine, based on the
best scientific data available, that it is not prudent
to designate habitat as described in clause (i)(I) for
a species, including if the Secretary determines--
``(I) the species is determined under
paragraph (1) to be a threatened species or an
endangered species because of take or other
human activity and such designation will
increase the degree of such take or other human
activity;
``(II) the species is determined under
paragraph (1) to be a threatened species or an
endangered species because of a factor--
``(aa) other than that described in
subparagraph (A) of that paragraph; or
``(bb) that cannot be addressed
through reasonable and prudent
alternatives resulting from
consultations carried out pursuant to
section 7(a)(2); or
``(III) the species primarily occurs in
areas not under the jurisdiction of the United
States and areas under the jurisdiction of the
United States where the species occurs provide
no more than a negligible conservation value to
the species.
``(iii) Notwithstanding clause (i)(I), if the
Secretary determines under clause (ii) that it is not
prudent to designate habitat as described in clause
(i)(I), the Secretary is not required to so designate
habitat for the species.''.
(b) Privately Owned or Controlled Land.--Section 4(a)(3) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is amended by
adding at the end the following:
``(C) The Secretary may not designate as critical habitat under
subparagraph (A) any privately owned or controlled land or other
geographical area that is subject to a land management plan that--
``(i) the Secretary determines is similar in nature to an
integrated natural resources management plan described in
section 101 of the Sikes Act (16 U.S.C. 670a);
``(ii)(I) is prepared in cooperation with the Secretary and
the head of each applicable State fish and wildlife agency of
each State in which such land or other geographical area is
located; or
``(II) is submitted to the Secretary in a manner that is
similar to the manner in which an applicant submits a
conservation plan to the Secretary under section 10(a)(2)(A);
``(iii) includes an activity or a limitation on an activity
that the Secretary determines will likely conserve the species
concerned;
``(iv) the Secretary determines will result in--
``(I) an increase in the population of the species
concerned above the population of such species on the
date that such species is listed as a threatened
species or an endangered species; or
``(II) maintaining the same population of such
species on the land or other geographical area as the
population that would likely occur if such land or
other geographical area is designated as critical
habitat; and
``(v) to the maximum extent practicable, will minimize and
mitigate the impacts of any activity that will likely result in
an incidental taking of the species concerned.''.
(c) Designation Considerations.--Section 4(b) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(b)) is amended--
(1) in paragraph (2)--
(A) by inserting ``the impact on existing efforts
of private landowners to conserve the species,'' after
``impact on national security,'';
(B) by striking ``The Secretary'' and inserting
``(A) The Secretary''; and
(C) by adding at the end the following:
``(B) In addition to any area otherwise considered by the Secretary
for exclusion from critical habitat under subparagraph (A), the
Secretary shall consider for exclusion from critical habitat any area--
``(i) submitted by a person through public comment pursuant
to paragraph (5) or (6); and
``(ii) for which such submission includes credible
information regarding a meaningful economic impact, impact on
national security, impact on existing efforts of private
landowners to conserve the applicable species, or other
relevant impact of specifying the area as critical habitat that
supports the exclusion from critical habitat of that area.'';
(2) in paragraph (5)(A)(i), by striking ``, and'' and
inserting the following: ``, including, with respect to a
proposed regulation to designate or revise critical habitat
under subsection (a)(3)--
``(I) a draft economic analysis that
identifies any impacts on national security and
existing efforts of private landowners to
conserve the applicable species and other
relevant impacts of the designation or revision
that the Secretary determines are within the
area proposed for designation or covered by the
revision; and
``(II) a draft exclusion analysis that
identifies each area the Secretary has reason
to consider for exclusion under paragraph (2)
and why; and''; and
(3) in paragraph (6)(A)--
(A) in clause (i)(II), by striking ``made,'' and
inserting the following: ``made, including, with
respect to such a final regulation--
``(aa) a final economic analysis that
identifies any impacts on national security and
existing efforts of private landowners to
conserve the applicable species and other
relevant impacts of the revision that the
Secretary determines are within the area
covered by the revision; and
``(bb) a final exclusion analysis that
identifies each area the Secretary has
determined under paragraph (2) to exclude from
such revision and why;''; and
(B) in clause (ii)(I), by striking ``, or'' and
inserting the following: ``, including--
``(aa) a final economic analysis that
identifies any impacts on national security and
existing efforts of private landowners to
conserve the applicable species and other
relevant impacts of the designation that the
Secretary determines are within the area
proposed for designation; and
``(bb) a final exclusion analysis that
identifies each area the Secretary has
determined under paragraph (2) to exclude from
such designation and why; or''.
SEC. 305. TREATMENT OF STATE, TRIBAL, AND LOCAL GOVERNMENT DATA.
Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C.
1533(b)) is amended--
(1) in paragraph (1)(A), by inserting ``data submitted to
the Secretary by a State, Tribal, or local government, and''
after ``account''; and
(2) in paragraph (2)(A), as so designated by section
304(c)(1)(B) of this Act, by inserting ``data submitted to the
Secretary by a State, Tribal, or local government, as well as''
after ``consideration''.
SEC. 306. CLARIFYING SIGNIFICANT PORTION OF RANGE OF SPECIES.
Section 4(a) of the Endangered Species Act of 1973 (16 U.S.C.
1533(a)) is amended by adding at the end the following:
``(4) If the Secretary determines under paragraph (1) that a
species is a threatened species or an endangered species in only a
significant portion of the range of the species, the Secretary may only
list the species under subsection (c) as a threatened species or an
endangered species with respect to that portion of the range of the
species.''.
SEC. 307. DELISTING CRITERIA.
Section 4(c) of the Endangered Species Act of 1973 (16 U.S.C.
1533(c)) is amended by adding at the end the following:
``(4) The Secretary shall determine under paragraph (2)(B)(i) that
a species described in paragraph (2)(A) should be removed from a list
described in that paragraph and shall remove such species from such
list only if the Secretary determines, pursuant to a review conducted
under that paragraph and based on the best scientific and commercial
data available, such species--
``(A) is extinct;
``(B) is not a threatened species or an endangered species;
or
``(C) is not a species.''.
TITLE IV--CREATING GREATER TRANSPARENCY AND ACCOUNTABILITY IN
RECOVERING LISTED SPECIES
SEC. 401. REQUIREMENT TO PUBLISH BASIS FOR LISTINGS AND CRITICAL
HABITAT DESIGNATIONS ONLINE.
Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C.
1533(b)) is amended by adding at the end the following:
``(9)(A) The Secretary shall make publicly available on the website
of the applicable department the best scientific and commercial data
available that is used as the basis for each regulation, including each
proposed regulation, promulgated under paragraphs (1) and (3) of
subsection (a).
``(B) If a Governor, agency, or legislature of a State determines
that public disclosure of any best scientific and commercial data
available described in subparagraph (A) is prohibited by a law or
regulation of the State, including such a law or regulation requiring
the protection of personal information--
``(i) the Governor, agency, or legislature of the State may
submit to the Secretary a request to exempt such best
scientific and commercial data available from the application
of subparagraph (A); and
``(ii) the Secretary shall so exempt such best scientific
and commercial data available.
``(C) Subparagraph (A) does not apply with respect to global
positioning system coordinates or other geographically specific species
location information.
``(D) Not later than 30 days after the date of the enactment of
this paragraph, the Secretary shall execute an agreement with the
Secretary of War that prevents the disclosure under this paragraph of
classified information pertaining to Department of War personnel,
facilities, lands, or waters.''.
SEC. 402. DECISIONAL TRANSPARENCY AND USE OF STATE, TRIBAL, AND LOCAL
INFORMATION.
Section 6(a) of the Endangered Species Act of 1973 (16 U.S.C.
1535(a)) is amended--
(1) by inserting ``(1)'' before the first sentence; and
(2) by striking ``Such cooperation shall include'' and
inserting the following:
``(2) Such cooperation shall include--
``(A) before making a determination under section 4(a),
providing to States affected by such determination all data
that is the basis of the determination; and
``(B)''.
SEC. 403. DISCLOSURE OF EXPENDITURES UNDER ENDANGERED SPECIES ACT OF
1973.
(a) Requirement to Disclose.--Section 13 of the Endangered Species
Act of 1973 (87 Stat. 902) is amended to read as follows:
``SEC. 13. DISCLOSURE OF EXPENDITURES.
``(a) Requirement.--The Chair of the Council on Environmental
Quality, in consultation with the Secretary of the Interior and
Secretary of Commerce, shall--
``(1) not later than 90 days after the end of each fiscal
year, submit to the Committee on Natural Resources of the House
of Representatives and the Committee on Environment and Public
Works of the Senate an annual report detailing Federal
Government expenditures for covered suits during the preceding
fiscal year; and
``(2) make publicly available through the Internet a
searchable database, updated monthly, of the information
described in subsection (b).
``(b) Included Information.--Each report submitted under subsection
(a) shall include--
``(1) the case name and number of each covered suit, and,
with respect to each covered suit, a hyperlink to each
settlement decision, final decision, consent decree,
stipulation of dismissal, release, interim decision, motion to
dismiss, partial motion for summary judgement, or related final
document;
``(2) a description of each claim or cause of action in
each covered suit;
``(3) the name of each covered agency the actions of which
give rise to any claim in a covered suit and each plaintiff in
such covered suit;
``(4) funds expended by each covered agency (disaggregated
by agency account) to receive and respond to notices referred
to in section 11(g)(2) or to prepare for litigation of,
litigate, negotiate a settlement agreement or consent decree
in, or provide material, technical, or other assistance in
relation to, a covered suit;
``(5) the number of full-time equivalent employees that
participated in the activities described in paragraph (4);
``(6) any information required to be published under
section 1304 of title 31, United States Code, with respect to a
covered suit; and
``(7) attorneys fees and other expenses (disaggregated by
agency account) awarded in covered suits, including any consent
decrees or settlement agreements (regardless of whether a
decree or settlement agreement is sealed or otherwise subject
to nondisclosure provisions), including the basis for such
awards.
``(c) Requirement to Provide Information.--The head of each covered
agency shall provide to the Chair of the Council on Environmental
Quality in a timely manner all information requested by the Chair to
comply with the requirements of this section.
``(d) Limitation on Disclosure.--Notwithstanding any other
provision of this section, this section shall not affect any
restriction in a consent decree or settlement agreement on the
disclosure of information that is not described in subsection (b).
``(e) Definitions.--In this section:
``(1) Covered agency.--The term `covered agency' means any
agency of the--
``(A) Department of the Interior;
``(B) Forest Service;
``(C) Environmental Protection Agency;
``(D) National Marine Fisheries Service;
``(E) Bonneville Power Administration;
``(F) Western Area Power Administration;
``(G) Southwestern Power Administration; or
``(H) Southeastern Power Administration.
``(2) Covered suit.--The term `covered suit' means--
``(A) any civil action containing any claim arising
under this Act against the Federal Government and based
on the action of a covered agency; and
``(B) any administrative proceeding under which the
Federal Government awards fees and other expenses to a
third party under section 504 of title 5, United States
Code.''.
(b) Clerical Amendment.--The table of contents in the first section
of the Endangered Species Act of 1973 (16 U.S.C. 1531 note) is amended
by striking the item relating to section 13 and inserting the
following:
``Sec. 13. Disclosure of expenditures.''.
SEC. 404. AWARD OF LITIGATION COSTS TO PREVAILING PARTIES IN ACCORDANCE
WITH EXISTING LAW.
Section 11(g)(4) of the Endangered Species Act of 1973 (16 U.S.C.
1540(g)(4)) is amended to read as follows:
``(4)(A) The court, in issuing any final order in any suit brought
pursuant to paragraph (1), may award costs of litigation (including
reasonable attorney and expert witness fees) to an eligible party,
whenever the court determines such award is appropriate.
``(B) In awarding reasonable attorney and expert witness fees under
subparagraph (A) in a suit brought pursuant to paragraph (1), the
court--
``(i) shall base such fees on the prevailing market rates
for the kind and quality of services furnished; and
``(ii) may not award--
``(I) such fees at a rate that exceeds $125 per
hour unless the court determines a higher rate is
justified because of cost of living or a special
factor, such as the limited availability of qualified
attorneys for such suit; or
``(II) more than $200,000 total in such fees in a
single such suit.
``(C)(i) In this paragraph, the term `eligible party'--
``(I) means a party to a suit brought pursuant to paragraph
(1) that is, as of the date on which the suit was initiated--
``(aa) an individual who has a net worth of not
more than $2,000,000;
``(bb) an owner of an unincorporated business or a
partnership, corporation, association, unit of local
government, or organization, including an organization
that is described in section 501(c)(3) of the Internal
Revenue Code and exempt from taxation under section
501(a) of such Code, that has--
``(AA) a net worth of not more than
$7,000,000, including both personal and
business interests; and
``(BB) not more than 500 employees; or
``(cc) a cooperative association (as that term is
defined in section 15(a) of the Agriculture Marketing
Act (12 U.S.C. 1141j(a))); and
``(II) does not include a party to a suit brought pursuant to
paragraph (1) otherwise described in clause (i) of this subparagraph
that has sought to recover attorney or expert witness fees under this
subsection in 3 or more instances in the 12-month period preceding the
date on which the final order in such suit is issued, including in such
suit.
``(ii) Where 2 or more parties to a suit brought pursuant to
paragraph (1) are co-plaintiffs and each such party individually is an
eligible party, clause (i)(I) shall be applied to such parties
collectively.''.
SEC. 405. ANALYSIS OF IMPACTS AND BENEFITS OF DETERMINATION OF
ENDANGERED OR THREATENED STATUS.
Section 4(a) of the Endangered Species Act of 1973 (16 U.S.C.
1533(a)) is amended by adding at the end the following:
``(5)(A) The Secretary shall, concurrently with determining under
paragraph (1) whether a species is a threatened species or an
endangered species, prepare an analysis with respect to such
determination of--
``(i) the economic effect;
``(ii) the effects on national security;
``(iii) the effects on human health and safety; and
``(iv) any other relevant effect.
``(B) The analysis is to be prepared in coordination with the
States, local governments, and Tribes impacted by the determination.
``(C) Nothing in this paragraph shall delay a determination made by
the Secretary under paragraph (1) or change the criteria used by the
Secretary to make such a determination.''.
SEC. 406. NOTIFICATION OF CONGRESS OF CERTAIN CRITICAL HABITAT
DESIGNATIONS.
Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C.
1533(a)(3)) is amended by adding at the end the following:
``(D)(i) The Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on
Environment and Public Works of the Senate a notification of any
proposed designation of critical habitat under subparagraph (A) of an
area greater than 50,000 acres.
``(ii) A notification submitted under clause (i) shall include--
``(I) a description of the area proposed to be designated
as critical habitat;
``(II) an inventory and evaluation of the natural resource
uses and values of the area and adjacent public and nonpublic
land and the economic impact of the proposed designation on
individuals, local communities, and the United States;
``(III) an identification of users of the area and how such
users will be affected by the proposed designation;
``(IV) an analysis of the manner in which existing and
potential natural resource uses are incompatible with or in
conflict with the proposed designation and a statement of the
provisions to be made for continuation or termination of
existing such uses, including an economic analysis of such
continuation or termination;
``(V) a statement of the consultation which has been or
will be had with other Federal departments and agencies,
regional, State, and local government bodies, and other
appropriate individuals and groups with respect to the proposed
designation; and
``(VI) a statement indicating the effect of the proposed
designation, if any, on State and local government interests
and the regional economy.''.
SEC. 407. NOTIFICATION OF CONGRESS OF CERTAIN RELEASES OF EXPERIMENTAL
POPULATIONS.
Section 10(j) of the Endangered Species Act of 1973 (16 U.S.C.
1539(j)) is amended by adding at the end the following:
``(4)(A) The Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on
Environment and Public Works of the Senate a notification of any
proposed release under this subsection that covers an area greater than
50,000 acres.
``(B) A notification submitted under subparagraph (A) shall
include--
``(i) a description of the area covered by the proposed
release;
``(ii) an inventory and evaluation of the natural resource
uses and values of the area and adjacent public and nonpublic
land and the economic impact of the proposed release on
individuals, local communities, and the United States;
``(iii) an identification of users of the area, and how
such users will be affected by the proposed release;
``(iv) an analysis of the manner in which existing and
potential natural resource uses are incompatible with or in
conflict with the proposed release and a statement of the
provisions to be made for continuation or termination of
existing such uses, including an economic analysis of such
continuation or termination;
``(v) a statement of the consultation which has been or
will be had with other Federal departments and agencies,
regional, State, and local government bodies, and other
appropriate individuals and groups with respect to the proposed
release; and
``(vi) a statement indicating the effect of the proposed
release, if any, on State and local government interests and
the regional economy.''.
SEC. 408. ANNUAL COST ANALYSIS BY THE FISH AND WILDLIFE SERVICE.
Section 18 of the Endangered Species Act of 1973 (16 U.S.C. 1544)
is amended--
(1) by inserting ``, and make publicly available on the
website data.gov,'' after ``to the Congress''; and
(2) in paragraph (1), by inserting ``, including any such
expenditures made with respect to an experimental population
(as that term is defined in section 10(j))'' after ``to this
Act''.
TITLE V--STREAMLINING PERMITTING PROCESS
SEC. 501. LIMITATION ON REASONABLE AND PRUDENT MEASURES.
Section 7(b)(4) of the Endangered Species Act of 1973 (16 U.S.C.
1536(b)(4)) is amended--
(1) in subparagraph (A), by adding ``and'' at the end;
(2) in subparagraph (B), by striking ``and'' at the end;
(3) by striking subparagraph (C);
(4) by striking ``taking on the species,'' and inserting
``taking on the species, including, as necessary, through the
use of a substitute used to represent a listed species,
habitat, or an ecological function to express the amount or
extent of such incidental taking;'';
(5) by striking ``minimize such impact,'' and inserting
``minimize such impact and that do not propose, recommend, or
require the Federal agency or the applicant concerned, if any,
to mitigate or offset such impact; and'';
(6) by striking ``measures specified under clauses (ii) and
(iii)'' and inserting ``measures specified under clause (ii)'';
(7) by striking clause (iii); and
(8) by redesignating clause (iv) as clause (iii).
SEC. 502. SUCCESSIVE CONSULTATIONS.
Section 7(b) of the Endangered Species Act of 1973 (16 U.S.C.
1536(b)) is amended by adding at the end the following:
``(5)(A) With respect to an ongoing agency action for which the
applicable Federal agency has adopted a reasonable and prudent
alternative or a reasonable and prudent measure to comply with
subsection (a)(2), in any subsequent consultation for the agency action
that occurs 10 years or more after the date on which the initial
consultation for the agency action was completed, the Secretary shall
determine whether continuing to implement the reasonable and prudent
alternative or reasonable and prudent measure will materially increase
the likelihood of and reduce the time for recovery of the applicable
threatened species or endangered species.
``(B) If the Secretary determines under subparagraph (A) that
continued implementation of the reasonable and prudent alternative or
reasonable and prudent measure will not materially increase the
likelihood of and shorten the time for the recovery of the applicable
threatened species or endangered species, the Federal agency shall
discontinue implementation of the reasonable and prudent alternative or
reasonable and prudent measure notwithstanding subsection (a)(2).''.
SEC. 503. CLARIFYING JEOPARDY.
Section 7(a) of the Endangered Species Act of 1973 (16 U.S.C.
1536(a)) is amended by adding at the end the following:
``(5)(A) In carrying out a consultation under paragraph (2) or a
conference under paragraph (4), the Secretary--
``(i) except as provided in clause (ii), may only consider the
effects of the action that is the subject of such consultation or
conference that the Secretary determines, based on clear and
substantial information, using the best scientific and commercial data
available, and in accordance with subparagraphs (B) and (C),
respectively, are caused by the action itself and are reasonably
certain to occur; and
``(ii) shall consider as a beneficial effect of the action
that is the subject of such consultation or conference any
avoidance, minimization, or mitigation measure proposed by the
applicable Federal agency or the applicant, if any.
``(B) In determining whether an effect of an action described in
subparagraph (A)(i) is caused by the action itself, the Secretary shall
consider whether--
``(i) the effect is so remote in time from the action under
consultation that it is not reasonably certain to occur;
``(ii) the effect is so geographically remote from the
immediate area involved in the action that it is not reasonably
certain to occur;
``(iii) the effect is only reached through a lengthy causal
chain such that the effect not reasonably certain to occur;
``(iv) the applicable Federal agency does not have the
ability to prevent the effect due to its limited statutory
authority; or
``(v) would occur regardless of whether the action is
carried out.
``(C) In determining whether an effect of an action described in
subparagraph (A)(i) is reasonably certain to occur, the Secretary shall
consider factors including the following:
``(i) Experiences with other such actions that are similar
in scope, nature, and magnitude to the applicable such action.
``(ii) Plans for such action.
``(iii) Any economic, administrative, or legal requirement
necessary for the action to be carried out that has not been
fulfilled.
``(iv) Whether the effect has been observed previously and
to what extent.
``(D) In carrying out a consultation under paragraph (2) or a
conference under paragraph (4), the Secretary may not consider an
effect of the action that is the subject of such consultation or
conference for which there is not clear and substantial information for
the Secretary to base a determination on under subparagraph (A)(i) that
the effect of the action is reasonably certain to occur.
``(E) In this paragraph, the terms `effect of the action' and
`effects of the action' mean a consequence or all consequences,
respectively, to listed species or critical habitat that is or are
caused by the proposed action.''.
SEC. 504. CLARIFYING ACTION AREA.
Section 7(b)(3)(A) of the Endangered Species Act of 1973 (16 U.S.C.
1536(b)(3)(A)) is amended to read as follows:
``(A)(i) Promptly after conclusion of consultation under paragraph
(2) or (3) of subsection (a), the Secretary shall provide to the
Federal agency and the applicant, if any, a written statement setting
forth the Secretary's opinion, and a summary of the information on
which the opinion is based, detailing how the agency action affects the
species or its critical habitat within the area directly affected by
the agency action, which such area may not be speculative or remote in
time or distance from the agency action. In so doing, the Secretary
shall differentiate the effects of the agency action from the
environmental baseline.
``(ii) If jeopardy or adverse modification is found, the Secretary,
in cooperation and consultation with the Federal agency and applicant,
if any, shall consider a range of reasonable and prudent alternatives
and suggest from among that range those reasonable and prudent
alternatives which the Secretary believes--
``(I) would not violate subsection (a)(2);
``(II) can be taken by the Federal agency or applicant, if
any, in implementing the agency action;
``(III) are economically and technologically feasible for
the Federal agency and applicant, if any, to implement; and
``(IV) impose the fewest economic and other relevant costs
for the applicant, if any.''.
SEC. 505. JUDICIAL REVIEW.
Section 7(n) of the Endangered Species Act of 1973 (16 U.S.C.
1536(n)) is amended--
(1) by striking ``Any person, as defined by section 3(13)
of this Act,'' and inserting ``(1) Any person'';
(2) in paragraph (1), as so designated, by redesignating
paragraphs (1) and (2) as subparagraphs (A) and (B),
respectively; and
(3) by adding at the end the following:
``(2) Any person may obtain judicial review, under chapter 7 of
title 5 of the United States Code, of any opinion issued by the
Secretary under subsection (b) of this section in the United States
Court of Appeals for the District of Columbia by filing in such court
not later than 150 days after the date on which the opinion is issued a
written petition for review.''.
SEC. 506. EXPANSION OF EXEMPTION PROCESS AND ELIGIBILITY UNDER SECTION
7 OF ENDANGERED SPECIES ACT OF 1973.
Section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) is
amended--
(1) in subsection (g)--
(A) in paragraph (1), to read as follows:
``(1)(A) A Federal agency, the Governor of the State in which an
agency action will occur, if any, or a permit or license applicant may
apply to the Secretary for an exemption for an agency action of such
agency if, after consultation under subsection (a)(2), the Secretary's
opinion under subsection (b) indicates that--
``(i) the agency action would violate subsection (a)(2); or
``(ii) a reasonable and prudent alternative necessary for
the agency action to comply with subsection (a)(2) may--
``(I) impair national security; or
``(II) result in significant adverse national or
regional economic impacts.
``(B) An application for an exemption shall be considered initially
by the Secretary in the manner provided for in this subsection, and
shall be considered by the Committee for a final determination under
subsection (h) after a report is made pursuant to paragraph (5).
``(C) The applicant for an exemption shall be referred to as the
`exemption applicant' in this section.'';
(B) in paragraph (3)--
(i) in subparagraph (A), to read as
follows:
``(A) determine--
``(i) that the Federal agency concerned and the
exemption applicant have--
``(I) carried out the consultation
responsibilities described in subsection (a) in
good faith and made a reasonable and
responsible effort to develop and fairly
consider reasonable and prudent alternatives to
the proposed agency action which would not
violate subsection (a)(2);
``(II) conducted any biological assessment
required by subsection (c); and
``(III) to the extent determinable within
the time provided herein, refrained from making
any irreversible or irretrievable commitment of
resources prohibited by subsection (d); and
``(ii) if the exemption applicant submitted to the
Secretary the application for exemption pursuant to
paragraph (1)(A)(ii), whether a reasonable and prudent
alternative necessary for the proposed agency action to
comply with subsection (a)(2) may--
``(I) impair national security; or
``(II) result in significant adverse
national or regional economic impacts; or'';
and
(ii) in subparagraph (B), by striking
``(i), (ii), and (iii)'';
(C) in paragraph (4), by striking ``(i), (ii) and
(iii)''; and
(D) in paragraph (5)--
(i) by redesignating subparagraphs (B)
through (D) as subparagraphs (C) through (E),
respectively; and
(ii) by inserting after subparagraph (A)
the following:
``(B) if the exemption applicant submitted to the Secretary
the application for exemption pursuant to paragraph (1)(A)(ii),
after consultation with the National Security Council regarding
potential impacts to national security and the Director of the
National Economic Council regarding potential significant
adverse national and regional economic impacts, any impairment
to national security or significant adverse national or
regional economic impacts that would result from a reasonable
and prudent alternative necessary for the agency action to
comply with subsection (a)(2), including a description of the
analysis and conclusions produced by the National Security
Council and the Director of the National Economic Council as a
result of each such consultation;''; and
(2) in subsection (h)(1)(A)(i), to read as follows:
``(i)(I) there are no reasonable and prudent
alternatives to the agency action; or
``(II) with respect to an agency action the
application for exemption of which was submitted to the
Secretary pursuant to subsection (g)(1)(A)(ii), a
reasonable and prudent alternative necessary for the
agency action to comply with subsection (a)(2) may--
``(aa) impair national security; or
``(bb) result in significant adverse
national or regional economic impacts;''.
TITLE VI-- ELIMINATING BARRIERS TO CONSERVATION
SEC. 601. PERMITS FOR CITES-LISTED SPECIES.
Section 9(c)(2) of Endangered Species Act of 1973 (16 U.S.C.
1538(c)(2)) is amended to read as follows:
``(2) An export from or import into the United States of fish or
wildlife listed as a threatened species or an endangered species
pursuant to section 4 is lawful under this Act and not subject to
permit requirements or other regulations issued by the Secretary with
respect to exportation and importation pursuant to this Act if--
``(A) such fish or wildlife--
``(i) is a species that is not native to the United
States; and
``(ii) is listed in Appendix I or II of the
Convention; and
``(B) with respect to the export or import, each applicable
requirement--
``(i) of the Convention is satisfied; and
``(ii) of subsections (d), (e), and (f) is
satisfied.''.
SEC. 602. UTILIZE CONVENTION STANDARD FOR PERMITS APPLICABLE TO NON-
NATIVE SPECIES.
Section 10(a)(1) of the Endangered Species Act of 1973 (16 U.S.C.
1539(a)(1)) is amended--
(1) in subparagraph (A), to read as follows:
``(A)(i) with respect to a species that is native to the
United States, any act otherwise prohibited by section 9 for
scientific purposes or to enhance the propagation or survival
of the affected species, including acts necessary for the
establishment and maintenance of experimental populations
pursuant to subsection (j); and
``(ii) with respect to a species that is not native to the
United States, any act otherwise prohibited by section 9 that
the Secretary determines is not detrimental to the survival of
the species, including--
``(I) the export or import, delivery, receipt,
carrying, transporting, or shipping in interstate or
foreign commerce; and
``(II) buying or selling or offering for sale in
interstate or foreign commerce; or''; and
(2) by adding at the end the following:
``(C) In this subsection, the term `is not detrimental to
the survival of the species' means--
``(i)(I) will not have a negative effect on the
status of the species in the wild;
``(II) is not a use or removal from the wild that
will result in the loss or destruction of critical
habitat of the species; and
``(III) will not directly interfere with recovery
efforts with respect to the species; or
``(ii) is an activity--
``(I) involving wildlife described in
section 17.21(g)(1) of title 50, Code of
Federal Regulations; and
``(II) that satisfies the conditions for
registration under clauses (iii) through (v) of
that section.''.
TITLE VII--RESTORING CONGRESSIONAL INTENT
SEC. 701. LIMITING AGENCY REGULATIONS.
Section 11(f) of the Endangered Species Act of 1973 (16 U.S.C.
1540(f)) is amended--
(1) by striking ``The Secretary,'' and inserting the
following:
``(1) In general.--The Secretary,'';
(2) in paragraph (1), as so designated, by striking ``to
enforce this Act'' and inserting ``to enforce this section and
section 8A''; and
(3) by adding at the end the following:
``(2) Rule of construction.--This subsection may not be
construed to be an independent source of authority to
promulgate regulations to enforce the provisions of this Act
other than those included in this section and section 8A.''.
Union Calendar No. 489
119th CONGRESS
2d Session
H. R. 1897
[Report No. 119-568]
_______________________________________________________________________
A BILL
To amend the Endangered Species Act of 1973 to optimize conservation
through resource prioritization, incentivize wildlife conservation on
private lands, provide for greater incentives to recover listed
species, create greater transparency and accountability in recovering
listed species, streamline the permitting process, eliminate barriers
to conservation, and restore congressional intent.
_______________________________________________________________________
March 24, 2026
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed