119-hr1897

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1897 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1897

 To amend the Endangered Species Act of 1973 to optimize conservation 
 through resource prioritization, incentivize wildlife conservation on 
 private lands, provide for greater incentives to recover listed 
 species, create greater transparency and accountability in recovering 
 listed species, streamline the permitting process, eliminate barriers 
 to conservation, and restore congressional intent.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 6, 2025

Mr. Westerman (for himself, Ms. Hageman, Mr. Stauber, Mr. Tiffany, Mr. 
Gosar, Mr. Hurd of Colorado, Mr. Newhouse, Mr. Bentz, Mr. Fulcher, Mr. 
Begich, Mr. Ezell, Mr. Amodei of Nevada, Mr. Hunt, Ms. Maloy, Mr. Biggs 
 of Arizona, and Mr. LaMalfa) introduced the following bill; which was 
 referred to the Committee on Natural Resources

_______________________________________________________________________

 A BILL

 To amend the Endangered Species Act of 1973 to optimize conservation 
 through resource prioritization, incentivize wildlife conservation on 
 private lands, provide for greater incentives to recover listed 
 species, create greater transparency and accountability in recovering 
 listed species, streamline the permitting process, eliminate barriers 
 to conservation, and restore congressional intent.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``ESA Amendments Act 
of 2025''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

Sec. 2. Endangered Species Act of 1973 definitions.

Sec. 3. Authorization of appropriations.

Sec. 4. Rule of construction.
 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. 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.
 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.

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--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. 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''.

    (b) Commercial Activity.--

Section 3

    (2) Endangered Species Act of 
1973 (16 U.S.C. 1532

    (2) ) is amended by inserting ``or public display or 
education aimed at the preservation or conservation of a species'' 
after ``organizations''.
            (c) Conserve; Conserving; Conservation.--

Section 3

    (3) of the 
Endangered Species Act of 1973 (16 U.S.C. 1532

    (3) ) is amended by 
striking ``and transplantation, and, in the extraordinary case where 
population pressures within a given ecosystem cannot be otherwise 
relieved, may include'' and inserting ``transplantation, and, at the 
discretion of the Secretary,''.
            (d) Habitat.--

Section 3

    (5) of the Endangered Species Act of 1973 
(16 U.S.C. 1532

    (5) ) is amended by adding at the end the following:
 ``
            (D) 
            (i) For the purpose of designating critical habitat 
 for a threatened species or an endangered species under this 
 Act, the term `habitat'--
 ``
            (I) means the abiotic and biotic setting that 
 currently or periodically contains the resources and 
 conditions necessary to support 1 or more life 
 processes of the threatened species or endangered 
 species; and
 ``
            (II) does not include an area 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 
 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.''.

    (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'--
 ``

    (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
 ``

    (2) includes--
 ``
        (A) the past and present effects of all Federal, 
 State, and private actions and other human activities 
 in the action area;
 ``
        (B) the anticipated effects of each proposed 
 Federal project within the action area 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.''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--

Section 15 of the Endangered Species Act of 1973 
(16 U.S.C. 1542) is amended--

    (1) in subsection

    (a) --
        (A) by striking ``subsection

    (b) ,
            (c) , and
            (d) '' 
 and inserting ``subsections

    (b) and
            (c) '';
        (B) in paragraph

    (1) --
            (i) by striking ``and'' after ``fiscal year 
 1991,''; and
            (ii) by inserting ``, and $302,025,000 for 
 each of fiscal years 2026 through 2031'' after 
 ``fiscal year 1992'';
            (C) in paragraph

    (2) --
            (i) by striking ``and'' after ``fiscal 
 years 1989 and 1990,''; and
            (ii) by inserting ``, and $116,630,000 for 
 each of fiscal years 2026 through 2031'' after 
 ``fiscal years 1991 and 1992''; and
            (D) in paragraph

    (3) --
            (i) by striking ``and'' after ``fiscal 
 years 1989 and 1990,''; and
            (ii) by inserting ``and $2,600,000 for each 
 of fiscal years 2026 through 2031'' after 
 ``fiscal years 1991 and 1992,'';

    (2) in subsection

    (b) , by inserting ``and $600,000 for each 
 of fiscal years 2026 through 2031'' after ``1992''; and

    (3) in subsection
            (c) --
        (A) by striking ``and'' after ``fiscal years 1988, 
 1989, and 1990,''; and
        (B) by inserting ``and $9,900,000 for each of 
 fiscal years 2026 through 2031,'' after ``fiscal years 
 1991 and 1992,''.

    (b) Technical Amendment.--

Section 15

    (b) of the Endangered Species 
Act of 1973 (16 U.S.C. 1542

    (b) ) is amended by striking ``sections 7

    (e) ,

    (g) , and

    (h) '' and inserting ``subsections

    (e) ,

    (g) , and

    (h) of 

section 7''.

SEC. 4. RULE OF CONSTRUCTION.

 Nothing in this Act or the amendments made by this Act may be 
construed to enlarge or diminish the authority, jurisdiction, or 
responsibility of a State (as that term is defined in 

section 3 of the 
Endangered Species Act of 1973 (16 U.S.C. 1532)) to manage, control, or 
regulate fish and wildlife on lands and waters, including Federal lands 
and waters, within the State.

 TITLE I--OPTIMIZING CONSERVATION THROUGH RESOURCE PRIORITIZATION

SEC. 101. PRIORITIZATION OF LISTING PETITIONS, REVIEWS, AND 
 DETERMINATIONS.

    (a) In General.--

Section 4 of the Endangered Species Act of 1973 
(16 U.S.C. 1533) is amended by adding at the end the following:
 ``

    (j) National Listing Work Plan.--
 ``

    (1) In general.--Not later than the date described in 
 paragraph

    (2) , the Secretary shall submit to Congress a 
 national listing work plan that establishes, for each covered 
 species, a schedule for the completion during the 5-fiscal year 
 period beginning on October 1 of the first fiscal year after 
 the date of the submission of the work plan of--
 ``
        (A) findings as described in subsection

    (b)

    (3)
        (B) 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) 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

SEC. 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) 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. CONSERVATION PLANS.

    (a) In General.--

Section 10

    (a)

    (2) of the Endangered Species Act of 
1973 (16 U.S.C. 1539

    (a)

    (2) ) is amended--

    (1) in subparagraph
        (B) , by inserting ``, and shall include 
 the terms and conditions of the related conservation plan, 
 which shall be legally binding on all parties thereto'' after 
 ``being complied with''; and

    (2) by adding at the end the following:
 ``
            (D) Each Federal agency shall, as applicable and 
 to the maximum extent practicable, adopt the mitigation 
 measures contained in a permit issued under 
 subparagraph
        (B) in any authorization issued by such 
 Federal agency with respect to the action that is 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.''.

    (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.''.

SEC. 203. NEPA EXEMPTION FOR INCIDENTAL TAKE PERMITS.

 

Section 10

    (a) of the Endangered Species Act of 1973 (16 U.S.C. 
1539

    (a) ) is amended by adding at the end the following:
 ``

    (4) The issuance of a permit under paragraph

    (2) shall not be 
considered a major Federal action under 

section 102

    (2)
            (C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332

    (2)
            (C) ).''.

 TITLE III--PROVIDING FOR GREATER INCENTIVES TO RECOVER LISTED SPECIES

SEC. 301. PROTECTIVE REGULATIONS UNDER ENDANGERED SPECIES ACT OF 1973.

 

Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is 
amended--

    (1) in subsection
            (d) , to read as follows:
 ``
            (d) Protective Regulations.--
 ``

    (1) 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.--
 ``
        (A) In general.--If the Secretary issues a 
 regulation under paragraph

    (1) that prohibits an act 
 described in 

section 9

    (a) , the Secretary shall, with 
 respect to the species that is the subject of such 
 regulation--
 ``
            (i) establish objective, incremental 
 recovery goals;
 ``
            (ii) provide for the stringency of such 
 regulation to decrease as such recovery goals 
 are met; and
 ``
            (iii) provide for State management within 
 such State, if such State is willing to take on 
 such management, beginning on the date on which 
 the Secretary determines that each such 
 recovery goal is met and, if each such recovery 
 goal remains met, continuing until such species 
 is removed from the list of threatened species 
 published pursuant to subsection
            (c) .
 ``
        (B) Status review.--On the date on which the 
 Secretary determines that each recovery goal 
 established under subparagraph
        (A)
            (i) for a species is 
 met, the Secretary shall begin a review of the species 
 and subsequently determine, on the basis of such 
 review, whether the species should be removed from the 
 lists published pursuant to subsection
            (c) (1) .
 ``

    (3) Cooperative agreement.--A regulation issued under 
 paragraph

    (1) that prohibits an act described in 

section 9

    (a) with respect to a resident species shall apply with respect to 
 a State that has entered into a cooperative agreement with the 
 Secretary pursuant to 

section 6
            (c) only to the extent that such 
 regulation is adopted by such State.
 ``

    (4) State recovery strategy.--
 ``
        (A) In general.--A State may develop a recovery 
 strategy for a threatened species or a candidate 
 species and submit to the Secretary a petition for the 
 Secretary to use such recovery strategy as the basis 
 for any regulation issued under paragraph

    (1) with 
 respect to such species within such State.
 ``
        (B) Approval or denial of petition.--Not later 
 than 120 days after the date on which the Secretary 
 receives a petition submitted under subparagraph
        (A) , 
 the Secretary shall--
 ``
            (i) approve such petition if the 
 Secretary determines the recovery strategy is 
 reasonably certain to be implemented by the 
 petitioning State and to be effective in 
 conserving the species that is the subject of 
 such recovery strategy; or
 ``
            (ii) deny such petition if the 
 requirements described in clause
            (i) are not 
 met.
 ``
            (C) Publication.--Not later than 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.

SEC. 305. 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) 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 IV--CREATING GREATER TRANSPARENCY AND ACCOUNTABILITY IN 
 RECOVERING LISTED SPECIES

SEC. 401. REQUIREMENT TO PUBLISH BASIS FOR LISTINGS AND CRITICAL 
 HABITAT DESIGNATIONS 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 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.''.

SEC. 402. DECISIONAL TRANSPARENCY AND USE OF STATE, TRIBAL, AND LOCAL 
 INFORMATION.

 

Section 6

    (a) of the Endangered Species Act of 1973 (16 U.S.C. 
1535

    (a) ) is amended--

    (1) by inserting ``

    (1) '' before the first sentence; and

    (2) by striking ``Such cooperation shall include'' and 
 inserting the following:
 ``

    (2) Such cooperation shall include--
 ``
        (A) before making a determination under 

section 4

    (a) , providing to States affected by such 
 determination all data that is the basis of the 
 determination; and
 ``
        (B) ''.

SEC. 403. DISCLOSURE OF EXPENDITURES UNDER ENDANGERED SPECIES ACT OF 
 1973.

    (a) Requirement To Disclose.--

Section 13 of the Endangered Species 
Act of 1973 (87 Stat. 902) is amended to read as follows:

``

SEC. 13. DISCLOSURE OF EXPENDITURES.

 ``

    (a) Requirement.--The 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)
        (A) The Secretary shall, concurrently with determining under 
paragraph

    (1) whether a species is a threatened species or an 
endangered species, prepare an analysis with respect to such 
determination of--
 ``
            (i) the economic effect;
 ``
            (ii) the effects on national security;
 ``
            (iii) the effects on human health and safety; and
 ``
            (iv) any other relevant effect.
 ``
        (B) 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--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 
 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,''.

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 
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.

 

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

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--
 ``
            (i) of the Convention is satisfied; and
 ``
            (ii) of subsections
            (d) ,

    (e) , and

    (f) is 
 satisfied.''.

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

 

Section 10

    (a)

    (1)
        (A) of the Endangered Species Act of 1973 (16 
U.S.C. 1539

    (a)

    (1)
        (A) ) is amended to read as follows:
 ``
        (A)
            (i) with respect to a species that is native to the 
 United States, any act otherwise prohibited by 

section 9 for 
 scientific purposes or to enhance the propagation or survival 
 of the affected species, including acts necessary for the 
 establishment and maintenance of experimental populations 
 pursuant to subsection

    (j) ; and
 ``
            (ii) with respect to a species that is not native to the 
 United States, any act otherwise prohibited by 

section 9 that 
 the Secretary determines is not detrimental to the survival of 
 the 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''.

 TITLE VII--RESTORING CONGRESSIONAL INTENT

SEC. 701. LIMITING AGENCY REGULATIONS.

 

Section 11

    (f) of the Endangered Species Act of 1973 (16 U.S.C. 
1540

    (f) ) is amended--

    (1) by striking ``The Secretary,'' and inserting the 
 following:
 ``

    (1) In general.--The Secretary,'';

    (2) in paragraph

    (1) , as so designated, by striking ``to 
 enforce this Act'' and inserting ``to enforce this section and 
 

section 8A''; and

    (3) by adding at the end the following:
 ``

    (2) Rule of construction.--This subsection may not be 
 construed to be an independent source of authority to 
 promulgate regulations to enforce the provisions of this Act 
 other than those included in this section and 

section 8A.''.
 <all>