H.R. 9533

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9533 Reported in House (RH)]

<DOC>

Union Calendar No. 717
118th CONGRESS
2d Session
H. R. 9533

[Report No. 118-879]

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

December 16, 2024

Additional sponsors: Mr. Duarte, Mrs. Radewagen, Mr. Carl, and Mr. 
Fulcher

December 16, 2024

Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed 
in italic]
[For text of introduced bill, see copy of bill as introduced on 
September 10, 2024]

_______________________________________________________________________

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 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;
``(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. 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) Privately owned or controlled land.--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 III--PROVIDING FOR GREATER INCENTIVES TO RECOVER LISTED SPECIES

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

(a) Amendment to Definition.--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,''.
(b) Protective Regulations.--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.--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--
``(A) establish objective, incremental recovery 
goals;
``(B) provide for the stringency of such regulation 
to decrease as such recovery goals are met; and
``(C) 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 all such recovery goals are met 
and, if such recovery goals remain met, continuing 
until such species is removed from the list of 
threatened species published pursuant to subsection 
(c).
``(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.

TITLE IV--CREATING GREATER TRANSPARENCY AND ACCOUNTABILITY IN 
RECOVERING LISTED SPECIES

SECTION 401. REQUIREMENT TO PUBLISH BASIS FOR LISTINGS 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 subsection (a)(1), 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 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.

(a) Requiring Decisional Transparency With Affected States.--
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)''.
(b) Ensuring Use of State, Tribal, and Local Information.--
(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) The term `best scientific and commercial data available' 
includes data submitted to the Secretary by a State, Tribal, or county 
government.''.
(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)''.

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) Analysis of Effects of Determination.--
``(A) In general.--The Secretary shall, concurrently with 
making a determination under paragraph (1) that 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; and
``(iii) any other relevant effect.
``(B) Effect.--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--LIMITATION ON REASONABLE AND PRUDENT MEASURES

SECTION 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 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''.
Union Calendar No. 717

118th CONGRESS

2d Session

H. R. 9533

[Report No. 118-879]

_______________________________________________________________________

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.

_______________________________________________________________________

December 16, 2024

Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed