119-s386

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 386 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 386

To amend the Endangered Species Act of 1973 to provide exemptions from 
 the consultation requirements required under that Act for agency 
 actions that fulfill critical human water needs, and for other 
 purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 February 4, 2025

 Ms. Lummis (for herself, Mr. Barrasso, and Mr. Sheehy) introduced the 
 following bill; which was read twice and referred to the Committee on 
 Environment and Public Works

_______________________________________________________________________

 A BILL

To amend the Endangered Species Act of 1973 to provide exemptions from 
 the consultation requirements required under that Act for agency 
 actions that fulfill critical human water needs, 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 ``Critical Water Resources 
Prioritization Act of 2025''.

SEC. 2. CRITICAL WATER RESOURCES EXEMPTIONS UNDER THE ENDANGERED 
 SPECIES ACT OF 1973.

    (a) In General.--

Section 7 of the Endangered Species Act of 1973 
(16 U.S.C. 1536) is amended by adding at the end the following:
 ``

    (q) Human Needs Exemptions for Water Resources.--
 ``

    (1) === Definitions. ===
-In this subsection:
 ``
        (A) Critical human water need.--The term 
 `critical human water need' means water required--
 ``
            (i) for a municipal drinking water 
 supply;
 ``
            (ii) for emergency services, including 
 firefighting;
 ``
            (iii) to maintain public health and 
 safety, as determined by the Secretary or a 
 relevant water management agency; or
 ``
            (iv) for food security, as determined by 
 the Secretary.
 ``
        (B) Water management agency.--The term `water 
 management agency' means any Federal, State, or local 
 agency with authority to manage or allocate water 
 resources.
 ``

    (2) Exemptions for critical human water needs.--
 Notwithstanding any other provision of this Act, the Secretary 
 may grant an exemption from the requirements of subsection

    (a)

    (2) for any agency action carried out by a water management 
 agency to fulfill a critical human water need if--
 ``
        (A) those requirements would directly conflict 
 with the fulfillment of the critical human water need;
 ``
        (B) the water management agency has--
 ``
            (i) implemented all reasonable water 
 conservation measures;
 ``
            (ii) explored all feasible alternative 
 water sources; and
 ``
            (iii) determined no other reasonable 
 alternatives exist to meet the critical human 
 water need; and
 ``
            (C) the water management agency submits to the 
 Secretary--
 ``
            (i) documentation of the conditions 
 described in subparagraphs
        (A) and
        (B) ;
 ``
            (ii) a plan to minimize adverse impacts 
 on affected species; and
 ``
            (iii) a timeline for reinstating those 
 requirements.
 ``

    (3) Duration and renewal.--
 ``
        (A) Initial period.--An exemption granted by the 
 Secretary under paragraph

    (2) shall be valid for a 
 period of not more than 180 days.
 ``
        (B) Renewal.--The Secretary may renew an 
 exemption under paragraph

    (2) for additional 180-day 
 periods if the conditions described in subparagraphs
        (A) and
        (B) of paragraph

    (2) continue to exist and the 
 applicable water management agency resubmits the 
 information described in subparagraph
            (C) of that 
 paragraph.
 ``

    (4) Reports.--
 ``
        (A) Water management agency reports.--A water 
 management agency operating under an exemption granted 
 under paragraph

    (2) shall submit to the Secretary 
 monthly reports describing--
 ``
            (i) the ongoing critical human water need 
 for which the exemption was made;
 ``
            (ii) efforts to develop alternative water 
 sources; and
 ``
            (iii) 
            (I) impacts on affected species; and
 ``
            (II) measures taken to minimize those 
 impacts.
 ``
        (B) Secretary reports.--The Secretary shall 
 submit to Congress an annual report describing--
 ``
            (i) all exemption made under this 
 subsection;
 ``
            (ii) the cumulative impact of those 
 exemptions on affected species; and
 ``
            (iii) recommendations for improving the 
 balance between critical human water needs and 
 species protection.
 ``

    (5) Judicial review.--Any action taken under this 
 subsection shall be subject to judicial review only for 
 arbitrary and capricious agency action under 

section 706 of 
 title 5, United States Code.''.

    (b) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Secretary (as defined in 

section 3 of the 
Endangered Species Act of 1973 (16 U.S.C. 1532)) shall promulgate 
regulations to implement the amendments made by this section.
 <all>