119-hr1894

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1894 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1894

To amend the Endangered Species Act of 1973 to vest in the Secretary of 
 the Interior functions under that Act with respect to species of fish 
that spawn in fresh or estuarine waters and migrate to ocean waters and 
 species of fish that spawn in ocean waters and migrate to fresh or 
 estuarine waters, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 6, 2025

 Mr. Calvert (for himself, Mr. Costa, Mr. LaMalfa, Mr. McClintock, and 
 Mr. Issa) introduced the following bill; which was referred to the 
 Committee on Natural Resources

_______________________________________________________________________

 A BILL

To amend the Endangered Species Act of 1973 to vest in the Secretary of 
 the Interior functions under that Act with respect to species of fish 
that spawn in fresh or estuarine waters and migrate to ocean waters and 
 species of fish that spawn in ocean waters and migrate to fresh or 
 estuarine waters, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Federally Integrated Species Health 
Act of 2025'' or the ``FISH Act of 2025''.

SEC. 2. TRANSFER OF FUNCTIONS WITH RESPECT TO ANADROMOUS SPECIES AND 
 CATADROMOUS SPECIES.

    (a) Transfer of Functions.--All functions with respect to 
anadromous species and catadromous species under the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.) that were vested in the Secretary 
of Commerce or the National Marine Fisheries Service immediately before 
the enactment of this Act are transferred to the Secretary of the 
Interior.

    (b) Conforming Amendments.--The Endangered Species Act of 1973 is 
amended--

    (1) in 

section 3

    (15) (16 U.S.C. 1532

    (15) )--
        (A) by inserting ``
        (A) '' after ``

    (15) ''; and
        (B) by inserting after ``Secretary of 
 Agriculture.'' the following:
 ``
        (B) Notwithstanding subparagraph
        (A) , with respect to anadromous 
species and catadromous species, the term `Secretary' means the 
Secretary of the Interior.''; and

    (2) in 

section 3 (16 U.S.C. 1532) by adding at the end the 
 following:
 ``

    (22) The term `anadromous species' means a species of fish that 
spawns in fresh or estuarine waters and migrates to ocean waters.
 ``

    (23) The term `catadromous species' means a species of fish that 
spawns in ocean waters and migrates to fresh or estuarine waters.''.
            (c) Reconsideration of Administrative Determinations.--Following 
the complete transfer of National Marine Fisheries Service 
responsibilities to the Department of the Interior, any final 
administrative determination made by National Marine Fisheries Service 
within 3 years prior to the date of the transfer may be reconsidered 
upon request to the Secretary of the Interior. The Secretary may grant 
or deny the request, and the final decision will be made publicly 
available. Any request for reconsideration made under this subsection 
shall be filed with the Department of Interior within 365 days of 
transfer completion.

SEC. 3. MISCELLANEOUS PROVISIONS.

    (a) References.--Any reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or pertaining to a department or office from which a function is 
transferred by this Act--

    (1) to the head of such department or office is deemed to 
 refer to the Secretary of the Interior; or

    (2) to such department or office is deemed to refer to the 
 Department of the Interior.

    (b) Exercise of Authorities.--Except as otherwise provided by law, 
the Secretary of the Interior may, for purposes of performing the 
functions transferred by this Act, exercise all authorities under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that were 
available with respect to the performance of that function immediately 
before the effective date of the transfer of the function under this 
Act.
            (c) Savings Provisions.--

    (1) Legal documents.--All orders, determinations, rules, 
 regulations, permits, grants, loans, contracts, agreements, 
 certificates, licenses, and privileges--
        (A) that have been issued, made, granted, or 
 allowed to become effective by the Secretary of 
 Commerce, any officer or employee of the Department of 
 Commerce, or any other Government official in the 
 performance of any function that is transferred by this 
 Act, or by a court of competent jurisdiction with 
 respect to such performance; and
        (B) that are in effect on the effective date of 
 this Act (or become effective after such date pursuant 
 to their terms as in effect on such effective date),
 shall continue in effect according to their terms until 
 modified, terminated, superseded, set aside, or revoked in 
 accordance with law by the President, any other authorized 
 official, a court of competent jurisdiction, or operation of 
 law.

    (2) Proceedings.--
        (A) In general.--This Act shall not affect any 
 proceedings or any application for any benefits, 
 service, license, permit, certificate, or financial 
 assistance pending on the date of the enactment of this 
 Act before an office transferred by this Act. Such 
 proceedings and applications shall be continued. Orders 
 shall be issued in such proceedings, appeals shall be 
 taken therefrom, and payments shall be made pursuant to 
 such orders, as if this Act had not been enacted, and 
 orders issued in any such proceeding shall continue in 
 effect until modified, terminated, superseded, or 
 revoked by a duly authorized official, by a court of 
 competent jurisdiction, or by operation of law.
        (B) Limitation.--Nothing in this paragraph shall be 
 considered to prohibit the discontinuance or 
 modification of any such proceeding under the same 
 terms and conditions and to the same extent that such 
 proceeding could have been discontinued or modified if 
 this Act had not been enacted.

    (3) Suits.--This Act shall not affect suits commenced 
 before the date of the enactment of this Act, and in all such 
 suits, proceeding shall be had, appeals taken, and judgments 
 rendered in the same manner and with the same effect as if this 
 Act had not been enacted.

    (4) Nonabatement of actions.--No suit, action, or other 
 proceeding commenced by or against the Department of Commerce 
 or the Secretary of Commerce, or by or against any individual 
 in the official capacity of such individual as an officer or 
 employee of the Department of Commerce, shall abate by reason 
 of the enactment of this Act.

    (5) Continuance of suits.--If any Government officer in the 
 official capacity of such officer is party to a suit with 
 respect to a function of the officer, and under this Act such 
 function is transferred to any other officer or office, then 
 such suit shall be continued with the other officer or the head 
 of such other office, as applicable, substituted or added as a 
 party.

    (6) Administrative procedure and judicial review.--Except 
 as otherwise provided by this Act, any statutory requirements 
 relating to notice, hearings, action upon the record, or 
 administrative or judicial review that apply to any function 
 transferred by this Act shall apply to the exercise of such 
 function by the head of the Federal agency, and other officers 
 of the agency, to which such function is transferred by this 
 Act.

SEC. 4. DEFINITIONS.

 For purposes of this Act:

    (1) Anadromous species and catadromous species.--Each of 
 the terms ``anadromous species'' and ``catadromous species'' 
 has the meaning that term has under 

section 3 of the Endangered 
 Species Act of 1973 (16 U.S.C. 1532), as amended by 

section 3 
 of this Act.

    (2) Function.--The term ``function'' includes any duty, 
 obligation, power, authority, responsibility, right, privilege, 
 activity, or program.

    (3) Office.--The term ``office'' includes any office, 
 administration, agency, bureau, institute, council, unit, 
 organizational entity, or component thereof.
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