119-hr3845

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3845 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3845

 To amend the Endangered Species Act of 1973 to expand the exemption 
 process under 

section 7 of that Act with respect to national security 
 and significant adverse national or regional economic impacts.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 June 9, 2025

 Mr. Gray (for himself and Mr. Costa) introduced the following bill; 
 which was referred to the Committee on Natural Resources

_______________________________________________________________________

 A BILL

 To amend the Endangered Species Act of 1973 to expand the exemption 
 process under 

section 7 of that Act with respect to national security 
 and significant adverse national or regional economic impacts.

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

SECTION 1. EXPANSION OF EXEMPTION PROCESS 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 modification or 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 modifications or 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 modification or 
 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 modification 
 or 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 
 modification or 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;''.
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