118 HR 9533 IH: ESA Amendments Act of 2024
U.S. House of Representatives
2024-09-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
2d Session
H. R. 9533
IN THE HOUSE OF REPRESENTATIVES
September 10, 2024
Mr. Westerman (for himself, Mr. Newhouse, Mr. Bentz, Ms. Hageman, Mr. Gosar, Mr. Stauber, Mr. Tiffany, and Mr. Duncan) introduced the following bill; which was referred to the Committee on Natural Resources
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, and limit reasonable and prudent measures.
1.

Short title; table of contents
(a)

Short title
This Act may be cited as the “ESA Amendments Act of 2024”.
(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.
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. Candidate Conservation Agreements with Assurances.
Sec. 202. Designation of critical habitat.
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. Codification of regulation.
Title IV—Creating Greater Transparency and Accountability in Recovering Listed Species
Sec. 401. Requirement to publish basis for listings on the internet.
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.
Title V—Limitation on Reasonable and Prudent Measures
Sec. 501. Limitation on reasonable and prudent measures.
2.

Endangered Species Act of 1973 definitions
(a)

Foreseeable future
The final rule titled “Endangered and Threatened Wildlife and Plants; Regulations for Listing Species and Designating Critical Habitat” (84 Fed. Reg. 45020; published August 27, 2019) shall have the force and effect of law with respect to the use of the term foreseeable future.
(b)

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)
For the purposes of designating critical habitat under this Act, the term habitat means the abiotic and biotic setting that currently or periodically contains the resources and conditions necessary to support 1 or more life processes of a species.”.
(c)

Environmental baseline
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)
For the purposes of carrying out a consultation under this section with respect to a threatened species or an endangered species, the term environmental baseline—
(A)
means the condition of the species or the critical habitat of the species in the action area, without the consequences to the species or the critical habitat of the species caused by the proposed action; and
(B)
includes—
(i)
the past and present effects of all Federal, State, and private actions and other human activities in the action area;
(ii)
the anticipated effects of each proposed Federal project within the action area for which a consultation under this section has been completed;
(iii)
the effects of State and private actions that are contemporaneous with the consultation in process; and
(iv)
the ongoing impacts to listed species or designated critical habitat from existing facilities or activities that are not caused by the proposed action or that are not within the discretion of the Federal action agency to modify.”.
3.

Authorization of appropriations
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 $302,025,000 for each of fiscal years 2025 through 2030” after “fiscal year 1992”;
(C)
in paragraph (2)—
(i)
by striking “and” after “fiscal years 1989 and 1990,”; and
(ii)
by inserting “, and $116,630,000 for each of fiscal years 2025 through 2030” 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 2025 through 2030” after “fiscal years 1991 and 1992,”;
(2)
in subsection (b), by inserting “and $600,000 for each of fiscal years 2025 through 2030” 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 2025 through 2030,” after “fiscal years 1991 and 1992,”.
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.
I

Optimizing Conservation Through Resource Prioritization
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) for each such covered species;
(B)
proposed and final determinations regarding listing each such covered species under this section; and
(C)
proposed and final critical habitat designations under subsection (a)(3) relating to each such covered species.
(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 emergency listings if the Secretary identifies any emergency posing a significant risk to the well-being of any species of fish or wildlife or plant.
(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 threats to 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)
threats 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).
(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 during the fiscal years to which the work plan applies.
(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 amendments
Section 4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)) is amended—
(1)
in subparagraph (B), by striking “Within 12 months” and inserting “In accordance with the national listing work plan submitted under subsection (j),”; and
(2)
in subparagraph (C), to read as follows:
“(C)

Judicial review
Any negative finding described in subparagraph (A) and any finding described in subparagraph (B)(i)(I) shall be subject to judicial review.”.
II

Incentivizing Wildlife Conservation on Private Lands
201.

Candidate Conservation Agreements with Assurances
(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)

Candidate Conservation Agreements with Assurances
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 subsection (k) of section 10) of any Candidate Conservation Agreement with Assurances or any programmatic Candidate Conservation Agreement with Assurances (as those terms are defined in that subsection) relating to such species.”.
(b)

Candidate Conservation Agreements with Assurances
Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) is amended by adding at the end the following:
“(k)

Candidate Conservation Agreements with Assurances
(1)

Proposed Agreement
A covered party may submit a proposed Agreement to the Secretary.
(2)

Approval
Not later than 120 days after the date of the receipt of a proposed Agreement under paragraph (1), the Secretary shall approve the proposed Agreement if the Secretary determines that the proposed Agreement—
(A)
sets forth specific management activities that the covered party will undertake to conserve the covered species;
(B)
provides a positive estimate of the net conservation benefit of such management activities to the covered species;
(C)
describes, to the maximum extent practicable, the existing population levels of the covered species or the existing quality of habitat;
(D)
includes a monitoring plan to be carried out by the parties to the Agreement; and
(E)
provides assurances to the covered party that no additional conservation measures will be required and additional land, water, or resource use restrictions will not be imposed on the covered party if the covered species becomes listed after the effective date of such Agreement.
(3)

Denial
Not later than 120 days after the date of the receipt of a proposed Agreement under paragraph (1), the Secretary shall—
(A)
deny the proposed Agreement if the Secretary determines that the proposed Agreement does not meet the requirements described in paragraph (2); and
(B)
provide the submitting covered party a written explanation for such determination and the adjustments required for the Secretary to approve such proposed Agreement.
(4)

Programmatic Candidate Conservation Agreement with Assurances
(A)

In general
The Secretary may enter into a Candidate Conservation Agreement with Assurances with a covered party that authorizes such covered party—
(i)
to administer such Candidate Conservation Agreement with Assurances;
(ii)
to hold any permit issued under this section with regard to such Candidate Conservation Agreement with Assurances;
(iii)
to enroll other covered parties within the area covered by such Candidate Conservation Agreement with Assurances in such Candidate Conservation Agreement with Assurances; and
(iv)
to convey any permit authorization held by such covered party under clause (ii) to each covered party enrolled under clause (iii).
(B)

Publication
Upon receipt of a proposed programmatic Candidate Conservation Agreement with Assurances under paragraph (1) and before approving or denying such a proposed programmatic Candidate Conservation Agreement with Assurances under paragraph (2) or (3), respectively, the Secretary shall—
(i)
not later than 30 days after the date of such receipt, publish the proposed programmatic Candidate Conservation Agreement with Assurances in the Federal Register for public comment for a period of not less than 60 days;
(ii)
review any comments received under clause (i); and
(iii)
after the close of the public comment period for the proposed programmatic Candidate Conservation Agreement with Assurances, publish in the Federal Register—
(I)
any comments received under clause (i); and
(II)
the approval or denial of the proposed programmatic Candidate Conservation Agreement with Assurances under paragraph (2) or (3), respectively.
(5)

Incidental take authorization
If a covered species is listed under section 4, the Secretary shall issue a permit to the relevant covered party under this section allowing incidental take of and modification to the habitat of such covered species consistent with the Agreement.
(6)

Technical assistance
The Secretary shall, upon request, provide a covered party with technical assistance in developing a proposed Agreement.
(7)

Applicability to Federal land
An Agreement may apply 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.
(8)

Exemption from consultation requirement
An Agreement approved under this subsection shall be deemed to have been granted an exemption under section 7(h) for the purposes of that section.
(9)

Exemption from disclosure
Information submitted by a private party to the Secretary under this subsection shall be exempt from disclosure under section 552(b)(3)(B) of title 5, United States Code.
(10)

Definitions
In this subsection:
(A)

Agreement
The term Agreement means—
(i)
a Candidate Conservation Agreement with Assurances; or
(ii)
a programmatic Candidate Conservation Agreement with Assurances.
(B)

Candidate Conservation Agreement with Assurances
The term Candidate Conservation Agreement with Assurances means any voluntary agreement, including a conservation benefit agreement, between the Secretary and a covered party in which—
(i)
the covered party commits to implementing mutually agreed upon conservation measures for a candidate species; and
(ii)
the Secretary provides assurances that, if such candidate species is listed pursuant to section 4—
(I)
the covered party shall incur no additional obligations beyond actions agreed to in the agreement with respect to conservation activities required under this Act; and
(II)
no additional land, water, or resource use restrictions shall be imposed on the covered party beyond those included in the agreement.
(C)

Candidate species
The term candidate species means a species—
(i)
designated by the Secretary as a candidate species under this Act; or
(ii)
proposed to be listed pursuant to section 4.
(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 species that is the subject of such Agreement.
(F)

Net conservation benefit
The term net conservation benefit means the net effect of an Agreement, determined by comparing the existing situation of the candidate species without the Agreement in effect and a situation in which the Agreement is in effect, on a candidate species, including—
(i)
the net effect on threats to such species;
(ii)
the net effect on the number of individuals of such species; or
(iii)
the net effect on the habitat of such species.
(G)

Programmatic Candidate Conservation Agreement with Assurances
The term programmatic Candidate Conservation Agreement with Assurances means a Candidate Conservation Agreement with Assurances described in paragraph (4)(A).”.
202.

Designation of critical habitat
(a)

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)

Privately owned or controlled land
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.”.
(b)

Designation considerations
Section 4(b)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(2)) is amended in the first sentence by inserting “the impact on existing efforts of private landowners to conserve the species,” after “impact on national security,”.
III

Providing for Greater Incentives to Recover Listed Species
301.

Protective regulations under Endangered Species Act of 1973
(a)

Amendment to definition
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,”.
(b)

Protective regulations
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)

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.
(2)

Recovery goals
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—
(A)
establish objective, incremental recovery goals;
(B)
provide for the stringency of such regulation to decrease as such recovery goals are met; and
(C)
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 all such recovery goals are met and, if such recovery goals remain met, continuing until such species is removed from the list of threatened species published pursuant to subsection (c).
(3)

Cooperative agreement
A regulation issued under paragraph (1) that prohibits an act described in section 9(a)(1) 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 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 30 days after the date on which the Secretary approves or denies a petition under subparagraph (B), the Secretary shall publish such approval or denial in the Federal Register.
(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).” .
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.”.
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.”.
304.

Codification of regulation
The final rule titled “Endangered and Threatened Wildlife and Plants; Regulations for Prohibitions to Threatened Wildlife and Plants” (84 Fed. Reg. 44753; published August 27, 2019) shall have the force and effect of law.
IV

Creating Greater Transparency and Accountability in Recovering Listed Species
401.

Requirement to publish basis for listings on the internet
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)
The Secretary shall make publicly available on the internet the best scientific and commercial data available that are used as the basis for each regulation, including each proposed regulation, promulgated under subsection (a)(1), except that—
(A)
at the request of a Governor, State agency, or legislature of a State, the Secretary may not make such data available under this paragraph if such entity determines that public disclosure of such data is prohibited by a law or regulation of such State, including any law or regulation requiring the protection of personal information; and
(B)
not later than 30 days after the date of the enactment of this paragraph, the Secretary shall execute an agreement with the Secretary of Defense that prevents the disclosure of classified information pertaining to Department of Defense personnel, facilities, lands, or waters.”.
402.

Decisional transparency and use of State, Tribal, and local information
(a)

Requiring decisional transparency with affected States
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)”.
(b)

Ensuring use of State, Tribal, and local information
(1)

In general
Section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is amended—
(A)
by redesignating paragraphs (2) through (21) as paragraphs (3) through (22), respectively; and
(B)
by inserting after paragraph (1) the following:
“(2)
The term best scientific and commercial data available includes data submitted to the Secretary by a State, Tribal, or county government.”.
(2)

Conforming amendment
Section 7(n) of the Endangered Species Act of 1973 (16 U.S.C. 1536(n)) is amended by striking “section 3(13)” and inserting “section 3(14)”.
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:
“13.

Disclosure of expenditures
(a)

Requirement
The Secretary of the Interior, in consultation with the 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 (including the information described in subsection (b)); and
(2)
make publicly available through the Internet a searchable database, updated monthly, of the information described in subsection (b).
(b)

Included information
The report shall include—
(1)
the case name and number of each covered suit, and, with respect to each such 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 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 bases for such awards.
(c)

Requirement To provide information
The head of each covered agency shall provide to the Secretary in a timely manner all information requested by the Secretary 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 United States 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.”.
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 by striking “to any party, whenever the court determines such award is appropriate” and inserting “in accordance with section 2412 of title 28, United States Code and section 504 of title 5, United States Code.”.
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:
“(4)

Analysis of effects of determination
(A)

In general
The Secretary shall, concurrently with making a determination under paragraph (1) that 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; and
(iii)
any other relevant effect.
(B)

Effect
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.”.
V

Limitation on Reasonable and Prudent Measures
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 by inserting “and that do not propose, recommend, or require the Federal agency or the applicant concerned, if any, to mitigate or offset such impact” after “minimize such impact”.