HR 1897 · 119th Congress · Environmental Protection

ESA Amendments Act of 2025

Introduced March 06, 2025 Latest action April 20, 2026 26 cosponsors

Sponsor

Latest action

Rules Committee Resolution H. Res. 1189 Reported to House. Rule provides for consideration of H.R. 4690, H. Res. 1182, H.R. 1897 and H.R. 5587. The resolution provides for consideration of H.R. 4690, H. Res. 1182, H.R. 1897, and H.R. 5587 under a closed rule with one hour of general debate on each measure. The resolution provides for one motion to recommit on H.R. 4690, H.R. 1897, and H.R. 5587.

Action timeline

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Apr 20, 2026

committee Rules Committee Resolution H. Res. 1189 Reported to House. Rule provides for consideration of H.R. 4690, H. Res. 1182, H.R. 1897 and H.R. 5587. The resolution provides for consideration of H.R. 4690, H. Res. 1182, H.R. 1897, and H.R. 5587 under a closed rule with one hour of general debate on each measure. The resolution provides for one motion to recommit on H.R. 4690, H.R. 1897, and H.R. 5587.

Mar 24, 2026

committee Reported (Amended) by the Committee on Natural Resources. H. Rept. 119-568.

Natural Resources Committee

Mar 24, 2026

other Placed on the Union Calendar, Calendar No. 489.

Dec 17, 2025

committee Subcommittee on Water, Wildlife and Fisheries Discharged

Natural Resources Committee

Dec 17, 2025

committee Committee Consideration and Mark-up Session Held

Natural Resources Committee

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Mar 24, 2026 Reported in House

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Mar 06, 2025 Introduced in House

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CRS summaries

Plain-English summaries written by the Congressional Research Service — neutral, nonpartisan staff who summarize bills as they advance through stages. The authoritative description of what each version of the bill does.

07 Reported to House Mar 24, 2026

ESA Amendments Act of 2025 This bill reauthorizes through FY2031 the Endangered Species Act and generally narrows protections provided under the act. The bill directs the Fish and Wildlife Service and the National Marine Fisheries Service to submit a National Listing Work Plan that establishes a five-year schedule and plan for addressing listing of endangered or threatened species and designation of critical habitats for such species. Under the plan, the bill gives the Services flexibility on the timing of acting on listing petitions and eliminates the requirement for the Services to act within 12 months on listing petitions. The bill limits what land may be designated as critical habitat for an endangered or threatened species. It also limits protections provided to threatened species and allows a state to regulate the recovery of such species if the Services determine the state's proposed recovery strategy would conserve the species. The bill provides statutory authority for Conservation Benefit Agreements, which allow private landowners to voluntarily enter agreements to reduce threats to candidate species in exchange for being allowed to continue their operations if the species is later listed. The bill also modifies the permitting process for certain other voluntary conservation agreements, including by exempting incidental take permits (e.g., permits to harm or kill a species) from environmental review requirements. The bill also makes a variety of other changes to the act, including limiting consultation requirements, judicial review, and awards for attorneys’ fees in certain cases.

via Congressional Research Service · published through congress.gov

Changelog

ⓘ

How a bill moves through Congress. Each stage produces a new official text. The diff between them shows what changed at that step.

`ih` / `is` — Introduced in House / Senate. First filed version.

`rfh` / `rfs` — Referred to a committee for review.

`rh` / `rs` — Reported back by the committee to the floor (often with amendments — this is where most language changes happen).

`pcs` / `pch` — Placed on Calendar for floor consideration.

`eh` / `es` — Engrossed. Passed by the originating chamber. Text is now what was actually voted on.

`rdh` / `rds` — Received by the other chamber.

`eah` / `eas` — Engrossed Amendment. The other chamber passed an amended version.

`ath` / `ats` — Agreed to. Both chambers settled on the same text.

`enr` — Enrolled. Final reconciled text, sent to the President.

`pl` — Public Law. Signed by the President. It's now law.

`pp` — Public Print. Official printing post-enactment.

Most bills die before `eh`/`es`. Going from `pcs` → `enr` is the full path through both chambers.

Line-level diff between text versions of this bill — what actually changed at each legislative stage.

+921 −386 295 unchanged

--- Introduced (House)

+++ Reported (House)

@@ -1,11 +1,14 @@

[From the U.S. Government Publishing Office]

-[H.R. 1897 Introduced in House (IH)]

+[H.R. 1897 Reported in House (RH)]

<DOC>

+Union Calendar No. 489

119th CONGRESS

-1st Session

+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

@@ -26,6 +29,21 @@

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

@@ -51,27 +69,35 @@

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. Candidate conservation agreements with assurances.

+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. Codification of regulation.

-Sec. 305. Designation of critical habitat.

+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 on Internet.

+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

@@ -80,28 +106,45 @@

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. Requirement to consider reasonably certain effects.

-Sec. 504. Clarifying jeopardy.

-TITLE VI -- ELIMINATING BARRIERS TO CONSERVATION

+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.--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''.

+(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''

@@ -114,59 +157,74 @@

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 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.--

-(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

+``(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

-(B) by inserting after paragraph (1) the following:

-(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)''.

-``(2) The term `best scientific and commercial data available'

-includes data submitted to the Secretary by a State, Tribal, or local

-government.''.

+(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.--For the purpose of carrying out a

-consultation under this section with respect to a threatened species or

-an endangered species, the term `environmental baseline'--

+``(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 action area, without the

-consequences to the species or the critical habitat of the

-species caused by the proposed action; and

+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, and private actions and other human activities

-in the action area;

+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 action area for which a

-consultation under this section has been completed;

+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;

-and

``(D) existing structures and facilities and the

-past, present, and future effects on the species or the

-critical habitat of the species from the physical

-existence of such structures and facilities.''.

+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.

@@ -178,13 +236,13 @@

(B) in paragraph (1)--

(i) by striking ``and'' after ``fiscal year

1991,''; and

-(ii) by inserting ``, and $302,025,000 for

+(ii) by inserting ``, and $287,978,000 for

each of fiscal years 2026 through 2031'' after

``fiscal year 1992'';

(i) by striking ``and'' after ``fiscal

years 1989 and 1990,''; and

-(ii) by inserting ``, and $116,630,000 for

+(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)--

@@ -215,6 +273,18 @@

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

@@ -229,14 +299,15 @@

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.

+``(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--

@@ -253,10 +324,9 @@

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.

+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

@@ -284,15 +354,19 @@

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.

+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) threats to the

+``(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

@@ -308,7 +382,7 @@

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).

+published July 27, 2016), or any successor document.

``(C) Extensions for certain priority

classifications.--

``(i) Priority 3.--With respect to a

@@ -338,8 +412,7 @@

``(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.

+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.

@@ -367,19 +440,14 @@

``(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) Any negative finding described in subparagraph (A)

-and any finding described in subparagraph (B)(i)(I) shall be

-subject to judicial review.''.

+(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. CANDIDATE CONSERVATION AGREEMENTS WITH ASSURANCES.

+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

@@ -387,143 +455,128 @@

``(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 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

+(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.

-``(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

+``(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.

-``(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

+``(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; or

+candidate species under this Act;

``(ii) proposed to be listed pursuant to

-section 4.

+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

@@ -534,26 +587,25 @@

``(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.

+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, 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).''.

+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.

@@ -564,23 +616,21 @@

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 the

-subject of such permit.

-``(E) With respect to an action that is the subject

-of a permit issued under subparagraph (B), the

-Secretary shall not seek any additional mitigation

-measures through any other Federal or State or local

-process.''.

+``(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) A permit issued by the Secretary under this subsection shall

-be deemed to have been granted an exemption under section 7(h) for the

-purposes of that section.''.

+``(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.

@@ -598,10 +648,18 @@

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.

+``(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

@@ -654,11 +712,11 @@

``(ii) deny such petition if the

requirements described in clause (i) are not

met.

-``(C) Publication.--Not later than 30 days after

+``(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 in the Federal

-Register.

+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

@@ -719,16 +777,54 @@

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.

-SEC. 305. DESIGNATION OF CRITICAL HABITAT.

-(a) Privately Owned or Controlled Land.--Section 4(a)(3) of the

+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

@@ -760,37 +856,141 @@

``(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,''.

+(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 ON INTERNET.

+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) 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 paragraphs (1) and (3) of subsection (a), 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 under this paragraph of classified information

-pertaining to Department of Defense personnel, facilities,

-lands, or waters.''.

+``(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.

@@ -801,35 +1001,35 @@

(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

+``(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

+(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--

+``(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 (including the information described in subsection

-(b)); and

+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.--The report shall include--

+``(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 such covered suit, a hyperlink to each

+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

@@ -838,7 +1038,7 @@

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;

+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,

@@ -856,10 +1056,10 @@

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.

+``(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

@@ -880,8 +1080,8 @@

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

+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

@@ -894,17 +1094,59 @@

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''.

+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:

-``(4)(A) The Secretary shall, concurrently with determining under

+``(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--

@@ -912,88 +1154,340 @@

``(ii) the effects on national security;

``(iii) the effects on human health and safety; and

``(iv) any other relevant effect.

-``(B) Nothing in this paragraph shall delay a determination made by

+``(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) by inserting ``and that do not propose, recommend, or

+(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'' after ``minimize such

-impact''; and

-(2) by inserting ``which measures may be issued after the

-written statement,'' after ``such taking,''.

+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 Federal agency action for which

-the applicable Federal agency has adopted a reasonable and prudent

+``(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 Federal

-agency action that occurs 10 years or more after the date on which the

-initial consultation for the Federal agency action was completed, the

-Secretary shall--

-``(i) project the likelihood of and timeline for the

-recovery of the threatened species and endangered species

-affected by the Federal agency action; and

-``(ii) determine whether continuing to implement the

-reasonable and prudent alternative or a reasonable and prudent

-measure will materially increase the likelihood of and reduce

-the time for recovery of the threatened species and endangered

-species.

-``(B) If the Secretary finds under subparagraph (A)(ii) that

-continued implementation of the modification will not materially

-improve the likelihood of and shorten the time to the recovery of the

-species, the Federal agency shall discontinue implementation of the

-modification notwithstanding subsection (a)(2).''.

-SEC. 503. REQUIREMENT TO CONSIDER REASONABLY CERTAIN EFFECTS.

-Section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C.

-1536(a)) is amended by inserting ``A consultation carried out pursuant

-to this paragraph shall consider the effects that are reasonably

-certain to be caused by the action without a substantive presumption in

-favor of the species'' after ``commercial data available.''.

-SEC. 504. CLARIFYING JEOPARDY.

+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) For the purposes of a consultation carried out pursuant to

-paragraph (2) or a conference carried out under paragraph (4), the

-Secretary may only determine that the action that is the subject of

-such consultation or conference is likely to jeopardize the continued

-existence of an applicable species or result in the destruction or

-adverse modification of habitat of such a species which is determined

-by the Secretary, after consultation as appropriate with affected

-States, to be critical if the Secretary determines, based on the best

-scientific and commercial data available, that the effects that are

-reasonably certain to be caused by the action are likely to result in

-the action itself causing such jeopardy.''.

-TITLE VI--ELIMINATING BARRIERS TO CONSERVATION

+``(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 is a species that is

-not native to the United States; and

-``(B) with respect to the export or import, each

-applicable requirement--

+``(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.''.

@@ -1001,8 +1495,9 @@

SEC. 602. UTILIZE CONVENTION STANDARD FOR PERMITS APPLICABLE TO NON-

NATIVE SPECIES.

-Section 10(a)(1)(A) of the Endangered Species Act of 1973 (16

-U.S.C. 1539(a)(1)(A)) is amended to read as follows:

+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

@@ -1012,15 +1507,29 @@

``(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 affected species, including--

-``(I) to export or re-import, deliver, receive,

-carry, transport, or ship in interstate or foreign

-commerce in the course of a commercial activity;

-``(II) to buy or sell or offer for sale in

-interstate or foreign commerce; and

-``(III) acts necessary for the establishment and

-maintenance of experimental populations pursuant to

-subsection (j); or''.

+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

@@ -1039,4 +1548,30 @@

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.''.

-<all>

+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

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