[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9533 Reported in House (RH)]
<DOC>
Union Calendar No. 717
118th CONGRESS
2d Session
H. R. 9533
[Report No. 118-879]
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.
_______________________________________________________________________
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
December 16, 2024
Additional sponsors: Mr. Duarte, Mrs. Radewagen, Mr. Carl, and Mr.
Fulcher
December 16, 2024
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
September 10, 2024]
_______________________________________________________________________
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.
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 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 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.
SEC. 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.''.
SEC. 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,''.
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.
TITLE I--OPTIMIZING CONSERVATION THROUGH RESOURCE PRIORITIZATION
SECTION 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.''.
TITLE II--INCENTIVIZING WILDLIFE CONSERVATION ON PRIVATE LANDS
SECTION 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).''.
SEC. 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,''.
TITLE III--PROVIDING FOR GREATER INCENTIVES TO RECOVER LISTED SPECIES
SEC. 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)
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 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).''.
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. 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.
TITLE IV--CREATING GREATER TRANSPARENCY AND ACCOUNTABILITY IN
RECOVERING LISTED SPECIES
SECTION 401. REQUIREMENT TO PUBLISH BASIS FOR LISTINGS ON 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.''.
SEC. 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 (10) as
paragraphs (3) through (11), 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)''.
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 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 basis 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.''.
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 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''.
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:
``(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.''.
TITLE V--LIMITATION ON REASONABLE AND PRUDENT MEASURES
SECTION 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''.
Union Calendar No. 717
118th CONGRESS
2d Session
H. R. 9533
[Report No. 118-879]
_______________________________________________________________________
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.
_______________________________________________________________________
December 16, 2024
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed