[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9533 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9533
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, and limit reasonable and prudent measures.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 10, 2024
Mr. Westerman (for himself, Mr. Newhouse, Mr. Bentz, Ms. Hageman, Mr.
Gosar, Mr. Stauber, Mr. Tiffany, and Mr. Duncan) 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, and limit reasonable and prudent measures.
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 2024''.
(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. Designation of critical habitat.
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.
TITLE IV--CREATING GREATER TRANSPARENCY AND ACCOUNTABILITY IN
RECOVERING LISTED SPECIES
Sec. 401. Requirement to publish basis for listings on the 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--LIMITATION ON REASONABLE AND PRUDENT MEASURES
Sec. 501. Limitation on reasonable and prudent measures.
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) 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) For the purposes of designating critical habitat
under this Act, the term `habitat' means the abiotic and biotic
setting that currently or periodically contains the resources
and conditions necessary to support 1 or more life processes of
a species.''.
(c) Environmental Baseline.--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 carrying out a consultation under this
section with respect to a threatened species or an endangered species,
the term `environmental baseline'--
``(A) 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
``(B) includes--
``(i) the past and present effects of all Federal,
State, and private actions and other human activities
in the action area;
``(ii) the anticipated effects of each proposed
Federal project within the action area for which a
consultation under this section has been completed;
``(iii) the effects of State and private actions
that are contemporaneous with the consultation in
process; and
``(iv) the ongoing impacts to listed species or
designated critical habitat from existing facilities or
activities that are not caused by the proposed action
or that are not within the discretion of the Federal
action agency to modify.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
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 2025 through 2030'' 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 2025 through 2030'' 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 2025 through 2030'' after
``fiscal years 1991 and 1992,'';
(2) in subsection (b), by inserting ``and $600,000 for each
of fiscal years 2025 through 2030'' 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 2025 through 2030,'' after ``fiscal years
1991 and 1992,''.
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
SECTION 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) Judicial review.--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
SECTION 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) Candidate conservation agreements with assurances.--
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;