H.R. 1897

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

<DOC>

Union Calendar No. 489
119th CONGRESS
2d Session
H. R. 1897

[Report No. 119-568]

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

March 24, 2026

Additional sponsors: Ms. Boebert, Mr. McDowell, Mr. Collins, Mr. 
Calvert, Mr. Walberg, Mr. Downing, Mr. Higgins of Louisiana, Mr. 
Grothman, Mr. Latta, Mr. Rulli, and Mr. Thompson of Pennsylvania

March 24, 2026

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 March 
6, 2025]

_______________________________________________________________________

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.
Sec. 5. Renaming of Endangered Species Act of 1973 to Endangered 
Species Recovery Act.

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. Conservation Benefit Agreements.
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. Designation of critical habitat.
Sec. 305. Treatment of State, Tribal, and local government data.
Sec. 306. Clarifying significant portion of range of species.
Sec. 307. Delisting criteria.

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

Sec. 401. Requirement to publish basis for listings and critical 
habitat designations online.
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.
Sec. 406. Notification of Congress of certain critical habitat 
designations.
Sec. 407. Notification of Congress of certain releases of experimental 
populations.
Sec. 408. Annual cost analysis by the Fish and Wildlife Service.

TITLE V--STREAMLINING PERMITTING PROCESS

Sec. 501. Limitation on reasonable and prudent measures.
Sec. 502. Successive consultations.
Sec. 503. Clarifying jeopardy.
Sec. 504. Clarifying action area.
Sec. 505. Judicial review.
Sec. 506. Expansion of exemption process and eligibility under section 
7 of Endangered Species Act of 1973.

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.--Section 3(20) Endangered Species Act of 
1973 (16 U.S.C. 1532(20)) is amended by--
(1) striking ``The term'' and inserting ``(A) The term''; 
and
(2) by adding at the end the following:
``(B) For the purposes of applying subparagraph (A), the term 
`foreseeable future' means the period of time extending into the future 
within which the Secretary, based on the best scientific and commercial 
data available, is able to determine that a factor described in 
subparagraphs (A) through (E) of section 4(a)(1) is likely to occur 
with respect to the species.''.
(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--
``(aa) outside the current or historic range of the 
threatened species or endangered species; or
``(bb) 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.--Section 3 of 
the Endangered Species Act of 1973 (16 U.S.C. 1532) is amended--
(1) by redesignating paragraphs (2) through (10) as 
paragraphs (3) through (11), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) The terms `best scientific and commercial data available' and 
`best scientific data available'--
``(A) mean all relevant and objective scientific and 
commercial information available at the time of the agency 
action; and
``(B) include credible and reliable data, quantitative 
analyses, conceptual and numerical models, and model results 
that--
``(i) account for known or potential sources or 
error;
``(ii) are applied using prevailing principles, 
methods, tools, and professional standards of practice; 
and
``(iii) are impartially gathered and objectively 
applied without reliance on precautionary assumptions 
in favor of a species or other assumptions or policy 
prescriptions that bias the application.''.
(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 Defined.--In this section, the term 
`environmental baseline'--
``(1) means the condition of the species or the critical 
habitat of the species in the area directly affected by the 
agency action at the time of the proposed agency action, 
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, local, and private actions and other human 
activities in the area directly affected by the agency 
action;
``(B) the anticipated effects of each proposed 
Federal project within the area directly affected by 
the agency action 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;
``(D) existing structures and facilities and the 
past, present, and future effects of the physical 
existence of such structures and facilities on the 
species or the critical habitat of the species; and
``(E) the effects of Federal actions being carried 
out at the time of the proposed agency action and 
existing Federal facilities that are not within the 
discretion of the Secretary to modify.''.

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 $287,978,000 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 $105,400,000 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.

SEC. 5. RENAMING OF ENDANGERED SPECIES ACT OF 1973 TO ENDANGERED 
SPECIES RECOVERY ACT.

(a) Renaming.--The first section of the Endangered Species Act of 
1973 (16 U.S.C. 1531 note; Public Law 93-205) is amended by striking 
``may be cited as the `Endangered Species Act of 1973''' and inserting 
``may be cited as the `Endangered Species Recovery Act'''.
(b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the ``Endangered Species 
Act of 1973'' shall be deemed to be a reference to the ``Endangered 
Species Recovery Act''.

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);
``(B) any proposed or final determination under 
subsection (a)(1) required by a court order, court 
decree, or court-approved settlement agreement; and
``(C) any proposed or final designation of critical 
habitat under subsection (a)(3) required by a court 
order, court decree, or court-approved settlement 
agreement.
``(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 potential future listings 
of species considered on an emergency basis in that 
fiscal year.
``(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 the effects of the factors described in 
subparagraphs (A) through (E) of subsection 
(a)(1) on 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) the effects of the 
factors described in 
subparagraphs (A) through (E) 
of subsection (a)(1) on 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), or any successor document.
``(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.
``(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 Amendment.--Section 4(b)(3)(B) of the Endangered 
Species Act of 1973 (16 U.S.C. 1533(b)(3)(B)) is amended by striking 
``Within 12 months'' and inserting ``In accordance with the national 
listing work plan submitted under subsection (j),''.

TITLE II--INCENTIVIZING WILDLIFE CONSERVATION ON PRIVATE LANDS

SEC. 201. CONSERVATION BENEFIT AGREEMENTS.

(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 section 10(k)) of any approved 
Conservation Benefit Agreement (as that term is defined in such 
section) relating to the species.''.
(b) Conservation Benefit Agreements.--Section 10 of the Endangered 
Species Act of 1973 (16 U.S.C. 1539) is amended by adding at the end 
the following:
``(k) Conservation Benefit Agreements.--
``(1) Proposed agreement.--
``(A) In general.--A covered party may submit a 
proposed Agreement to the Secretary.
``(B) Determination of completeness.--Not later 
than 30 days after the date on which the Secretary 
receives a proposed Agreement, the Secretary shall--
``(i) determine whether the proposed 
Agreement is complete; and
``(ii) if the Secretary determines the 
proposed Agreement is incomplete under clause 
(i), provide the covered party with a written 
explanation of such determination, including 
any specific adjustment required for the 
Secretary to determine the proposed Agreement 
is complete.
``(C) Approval; rejection.--Not later than 120 days 
after the date on which the Secretary receives a 
proposed Agreement that the Secretary determines under 
subparagraph (B)(i) is complete, the Secretary shall--
``(i) approve the proposed Agreement if the 
Secretary determines that the proposed 
Agreement--
``(I) is in compliance with, as 
applicable, section 17.22(c)(1) or 
17.32(c)(1) of title 50, Code of 
Federal Regulations (or a successor 
regulation); and
``(II) provides assurances to the 
covered party that, if the covered 
species becomes listed after the 
effective date of such Agreement--
``(aa) no additional 
conservation measures will be 
required; and
``(bb) additional land, 
water, or resource use 
restrictions will not be 
imposed on the covered party;
``(ii) reject the proposed Agreement if the 
Secretary determines that the proposed 
Agreement does not meet the requirements 
described in subclauses (I) and (II) of clause 
(i); and
``(iii) if the Secretary rejects the 
proposed Agreement under clause (ii), provide 
the submitting covered party a written 
explanation for such rejection, including any 
specific adjustment required, as of the date on 
which the Secretary rejects the proposed 
Agreement, for the Secretary to approve the 
proposed Agreement.
``(2) Programmatic conservation benefit agreements.--The 
Secretary may enter into a Conservation Benefit Agreement with 
a covered party that authorizes such covered party--
``(A) to administer such Conservation Benefit 
Agreement;
``(B) to hold any permit issued under this section 
with regard to such Conservation Benefit Agreement;
``(C) to enroll other covered parties within the 
area covered by such Conservation Benefit Agreement in 
such Conservation Benefit Agreement; and
``(D) to convey any permit authorization held by 
such covered party under clause (ii) to each covered 
party enrolled under clause (iii).
``(3) Take authorization.--If a covered species is listed 
as a threatened species or an endangered species under section 
4, the Secretary, consistent with the applicable Agreement, 
shall issue to the relevant covered party a permit under this 
section for the incidental take of and modification to the 
habitat of such covered species by such covered party.
``(4) Technical assistance.--The Secretary shall, upon the 
request of a covered party, provide the covered party with 
technical assistance in developing a proposed Agreement.
``(5) Applicability to federal land.--An Agreement may 
apply with respect 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.
``(6) Exemptions.--
``(A) Consultation.--Section 7(a)(2) does not apply 
to the approval by the Secretary of a proposed 
Agreement under this subsection.
``(B) Disclosure.--Information submitted by a 
private party to the Secretary pursuant to this 
subsection shall be exempt from disclosure under 
section 552(b)(3)(B) of title 5, United States Code.
``(C) National environmental policy act of 1969.--
The approval by the Secretary of a proposed Agreement 
under this subsection 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)).
``(7) Definitions.--In this subsection:
``(A) Affected species.--The term `affected 
species' means a species--
``(i) designated by the Secretary as a 
candidate species under this Act;
``(ii) proposed to be listed pursuant to 
section 4; or
``(iii) that is declining and at risk of 
being designated by the Secretary as a 
candidate species under this Act.
``(B) Agreement.--The term `Agreement' means--
``(i) a Conservation Benefit Agreement; or
``(ii) a programmatic Conservation Benefit 
Agreement.
``(C) Conservation benefit agreement.--The term 
`Conservation Benefit Agreement' means the supporting 
document required for the issuance of a permit under 
subsection (a)(1)(A) to enhance the propagation or 
survival of an affected species, as described in the 
final rule issued by the United States Fish and 
Wildlife Service titled `Endangered and Threatened 
Wildlife and Plants; Enhancement of Survival and 
Incidental Take Permits' (89 Fed. Reg. 26070; published 
April 12, 2024).
``(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 affected 
species that is the subject of such Agreement.
``(F) Net conservation benefit.--The term `net 
conservation benefit' means the net effect of an 
Agreement on the covered species, determined by 
comparing the existing situation of the covered species 
without the Agreement in effect and a situation in 
which the Agreement is in effect, including the net 
effect on--
``(i) the effects of the factors described 
in subparagraphs (A) through (E) of subsection 
(a)(1) on the covered species;
``(ii) the number of individuals of the 
covered species; or
``(iii) the habitat of the covered species.
``(G) Programmatic conservation benefit 
agreement.--The term `programmatic Conservation Benefit 
Agreement' means a Conservation Benefit Agreement 
described in paragraph (4).''.

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 covered by such 
permit.
``(E) With respect to an action that is covered by a permit issued 
under subparagraph (B) and consistent with the implementation of the 
related conservation plan, the Secretary shall not seek any additional 
mitigation measures through any other Federal or State or local process 
from the permittee.''.
(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) Section 7(a)(2) does not apply to the issuance by the 
Secretary of a permit under this subsection.''.

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) Issuance.--
``(A) 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.
``(B) Requirement.--In issuing a regulation under 
subparagraph (A), the Secretary, consistent with the 
findings, purposes, and policy described in section 2 
and based on the best scientific and commercial data 
available, shall consider the conservation and economic 
effects of such regulation.
``(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 60 days after 
the date on which the Secretary approves or denies a 
petition under subparagraph (B), the Secretary shall 
publish such approval or denial on the website of the 
applicable department.
``(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. DESIGNATION OF CRITICAL HABITAT.

(a) Not Prudent Determinations.--Section 4(a)(3)(A) of the 
Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)(A)) is amended to 
read as follows:
``(A)(i) The Secretary, by regulation promulgated 
in accordance with subsection (b) and to the maximum 
extent prudent and determinable--
``(I) shall, concurrently with making a 
determination under paragraph (1) that a 
species is an endangered species or a 
threatened species, designate any habitat of 
such species which is then considered to be 
critical habitat; and
``(II) may, from time-to-time thereafter as 
appropriate, revise such designation.
``(ii) The Secretary may determine, based on the 
best scientific data available, that it is not prudent 
to designate habitat as described in clause (i)(I) for 
a species, including if the Secretary determines--
``(I) the species is determined under 
paragraph (1) to be a threatened species or an 
endangered species because of take or other 
human activity and such designation will 
increase the degree of such take or other human 
activity;
``(II) the species is determined under 
paragraph (1) to be a threatened species or an 
endangered species because of a factor--
``(aa) other than that described in 
subparagraph (A) of that paragraph; or
``(bb) that cannot be addressed 
through reasonable and prudent 
alternatives resulting from 
consultations carried out pursuant to 
section 7(a)(2); or
``(III) the species primarily occurs in 
areas not under the jurisdiction of the United 
States and areas under the jurisdiction of the 
United States where the species occurs provide 
no more than a negligible conservation value to 
the species.
``(iii) Notwithstanding clause (i)(I), if the 
Secretary determines under clause (ii) that it is not 
prudent to designate habitat as described in clause 
(i)(I), the Secretary is not required to so designate 
habitat for the species.''.
(b) 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.''.
(c) Designation Considerations.--Section 4(b) of the Endangered 
Species Act of 1973 (16 U.S.C. 1533(b)) is amended--
(1) in paragraph (2)--
(A) by inserting ``the impact on existing efforts 
of private landowners to conserve the species,'' after 
``impact on national security,'';
(B) by striking ``The Secretary'' and inserting 
``(A) The Secretary''; and
(C) by adding at the end the following:
``(B) In addition to any area otherwise considered by the Secretary 
for exclusion from critical habitat under subparagraph (A), the 
Secretary shall consider for exclusion from critical habitat any area--
``(i) submitted by a person through public comment pursuant 
to paragraph (5) or (6); and
``(ii) for which such submission includes credible 
information regarding a meaningful economic impact, impact on 
national security, impact on existing efforts of private 
landowners to conserve the applicable species, or other 
relevant impact of specifying the area as critical habitat that 
supports the exclusion from critical habitat of that area.'';
(2) in paragraph (5)(A)(i), by striking ``, and'' and 
inserting the following: ``, including, with respect to a 
proposed regulation to designate or revise critical habitat 
under subsection (a)(3)--
``(I) a draft economic analysis that 
identifies any impacts on national security and 
existing efforts of private landowners to 
conserve the applicable species and other 
relevant impacts of the designation or revision 
that the Secretary determines are within the 
area proposed for designation or covered by the 
revision; and
``(II) a draft exclusion analysis that 
identifies each area the Secretary has reason 
to consider for exclusion under paragraph (2) 
and why; and''; and
(3) in paragraph (6)(A)--
(A) in clause (i)(II), by striking ``made,'' and 
inserting the following: ``made, including, with 
respect to such a final regulation--
``(aa) a final economic analysis that 
identifies any impacts on national security and 
existing efforts of private landowners to 
conserve the applicable species and other 
relevant impacts of the revision that the 
Secretary determines are within the area 
covered by the revision; and
``(bb) a final exclusion analysis that 
identifies each area the Secretary has 
determined under paragraph (2) to exclude from 
such revision and why;''; and
(B) in clause (ii)(I), by striking ``, or'' and 
inserting the following: ``, including--
``(aa) a final economic analysis that 
identifies any impacts on national security and 
existing efforts of private landowners to 
conserve the applicable species and other 
relevant impacts of the designation that the 
Secretary determines are within the area 
proposed for designation; and
``(bb) a final exclusion analysis that 
identifies each area the Secretary has 
determined under paragraph (2) to exclude from 
such designation and why; or''.

SEC. 305. TREATMENT OF STATE, TRIBAL, AND LOCAL GOVERNMENT DATA.

Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(b)) is amended--
(1) in paragraph (1)(A), by inserting ``data submitted to 
the Secretary by a State, Tribal, or local government, and'' 
after ``account''; and
(2) in paragraph (2)(A), as so designated by section 
304(c)(1)(B) of this Act, by inserting ``data submitted to the 
Secretary by a State, Tribal, or local government, as well as'' 
after ``consideration''.

SEC. 306. CLARIFYING SIGNIFICANT PORTION OF RANGE OF SPECIES.

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) If the Secretary determines under paragraph (1) that a 
species is a threatened species or an endangered species in only a 
significant portion of the range of the species, the Secretary may only 
list the species under subsection (c) as a threatened species or an 
endangered species with respect to that portion of the range of the 
species.''.

SEC. 307. DELISTING CRITERIA.

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:
``(4) The Secretary shall determine under paragraph (2)(B)(i) that 
a species described in paragraph (2)(A) should be removed from a list 
described in that paragraph and shall remove such species from such 
list only if the Secretary determines, pursuant to a review conducted 
under that paragraph and based on the best scientific and commercial 
data available, such species--
``(A) is extinct;
``(B) is not a threatened species or an endangered species; 
or
``(C) is not a species.''.

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

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

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)(A) The Secretary shall make publicly available on the website 
of the applicable department the best scientific and commercial data 
available that is used as the basis for each regulation, including each 
proposed regulation, promulgated under paragraphs (1) and (3) of 
subsection (a).
``(B) If a Governor, agency, or legislature of a State determines 
that public disclosure of any best scientific and commercial data 
available described in subparagraph (A) is prohibited by a law or 
regulation of the State, including such a law or regulation requiring 
the protection of personal information--
``(i) the Governor, agency, or legislature of the State may 
submit to the Secretary a request to exempt such best 
scientific and commercial data available from the application 
of subparagraph (A); and
``(ii) the Secretary shall so exempt such best scientific 
and commercial data available.
``(C) Subparagraph (A) does not apply with respect to global 
positioning system coordinates or other geographically specific species 
location information.
``(D) Not later than 30 days after the date of the enactment of 
this paragraph, the Secretary shall execute an agreement with the 
Secretary of War that prevents the disclosure under this paragraph of 
classified information pertaining to Department of War 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 Chair of the Council on Environmental 
Quality, in consultation with the Secretary of the Interior and 
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; and
``(2) make publicly available through the Internet a 
searchable database, updated monthly, of the information 
described in subsection (b).
``(b) Included Information.--Each report submitted under subsection 
(a) shall include--
``(1) the case name and number of each covered suit, and, 
with respect to each 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 covered 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 Chair of the Council on Environmental 
Quality in a timely manner all information requested by the Chair 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 
Federal Government 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 to read as follows:
``(4)(A) The court, in issuing any final order in any suit brought 
pursuant to paragraph (1), may award costs of litigation (including 
reasonable attorney and expert witness fees) to an eligible party, 
whenever the court determines such award is appropriate.
``(B) In awarding reasonable attorney and expert witness fees under 
subparagraph (A) in a suit brought pursuant to paragraph (1), the 
court--
``(i) shall base such fees on the prevailing market rates 
for the kind and quality of services furnished; and
``(ii) may not award--
``(I) such fees at a rate that exceeds $125 per 
hour unless the court determines a higher rate is 
justified because of cost of living or a special 
factor, such as the limited availability of qualified 
attorneys for such suit; or
``(II) more than $200,000 total in such fees in a 
single such suit.
``(C)(i) In this paragraph, the term `eligible party'--
``(I) means a party to a suit brought pursuant to paragraph 
(1) that is, as of the date on which the suit was initiated--
``(aa) an individual who has a net worth of not 
more than $2,000,000;
``(bb) an owner of an unincorporated business or a 
partnership, corporation, association, unit of local 
government, or organization, including an organization 
that is described in section 501(c)(3) of the Internal 
Revenue Code and exempt from taxation under section 
501(a) of such Code, that has--
``(AA) a net worth of not more than 
$7,000,000, including both personal and 
business interests; and
``(BB) not more than 500 employees; or
``(cc) a cooperative association (as that term is 
defined in section 15(a) of the Agriculture Marketing 
Act (12 U.S.C. 1141j(a))); and
``(II) does not include a party to a suit brought pursuant to 
paragraph (1) otherwise described in clause (i) of this subparagraph 
that has sought to recover attorney or expert witness fees under this 
subsection in 3 or more instances in the 12-month period preceding the 
date on which the final order in such suit is issued, including in such 
suit.
``(ii) Where 2 or more parties to a suit brought pursuant to 
paragraph (1) are co-plaintiffs and each such party individually is an 
eligible party, clause (i)(I) shall be applied to such parties 
collectively.''.

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:
``(5)(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) The analysis is to be prepared in coordination with the 
States, local governments, and Tribes impacted by the determination.
``(C) 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.''.

SEC. 406. NOTIFICATION OF CONGRESS OF CERTAIN CRITICAL HABITAT 
DESIGNATIONS.

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:
``(D)(i) The Secretary shall submit to the Committee on Natural 
Resources of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a notification of any 
proposed designation of critical habitat under subparagraph (A) of an 
area greater than 50,000 acres.
``(ii) A notification submitted under clause (i) shall include--
``(I) a description of the area proposed to be designated 
as critical habitat;
``(II) an inventory and evaluation of the natural resource 
uses and values of the area and adjacent public and nonpublic 
land and the economic impact of the proposed designation on 
individuals, local communities, and the United States;
``(III) an identification of users of the area and how such 
users will be affected by the proposed designation;
``(IV) an analysis of the manner in which existing and 
potential natural resource uses are incompatible with or in 
conflict with the proposed designation and a statement of the 
provisions to be made for continuation or termination of 
existing such uses, including an economic analysis of such 
continuation or termination;
``(V) a statement of the consultation which has been or 
will be had with other Federal departments and agencies, 
regional, State, and local government bodies, and other 
appropriate individuals and groups with respect to the proposed 
designation; and
``(VI) a statement indicating the effect of the proposed 
designation, if any, on State and local government interests 
and the regional economy.''.

SEC. 407. NOTIFICATION OF CONGRESS OF CERTAIN RELEASES OF EXPERIMENTAL 
POPULATIONS.

Section 10(j) of the Endangered Species Act of 1973 (16 U.S.C. 
1539(j)) is amended by adding at the end the following:
``(4)(A) The Secretary shall submit to the Committee on Natural 
Resources of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a notification of any 
proposed release under this subsection that covers an area greater than 
50,000 acres.
``(B) A notification submitted under subparagraph (A) shall 
include--
``(i) a description of the area covered by the proposed 
release;
``(ii) an inventory and evaluation of the natural resource 
uses and values of the area and adjacent public and nonpublic 
land and the economic impact of the proposed release on 
individuals, local communities, and the United States;
``(iii) an identification of users of the area, and how 
such users will be affected by the proposed release;
``(iv) an analysis of the manner in which existing and 
potential natural resource uses are incompatible with or in 
conflict with the proposed release and a statement of the 
provisions to be made for continuation or termination of 
existing such uses, including an economic analysis of such 
continuation or termination;
``(v) a statement of the consultation which has been or 
will be had with other Federal departments and agencies, 
regional, State, and local government bodies, and other 
appropriate individuals and groups with respect to the proposed 
release; and
``(vi) a statement indicating the effect of the proposed 
release, if any, on State and local government interests and 
the regional economy.''.

SEC. 408. ANNUAL COST ANALYSIS BY THE FISH AND WILDLIFE SERVICE.

Section 18 of the Endangered Species Act of 1973 (16 U.S.C. 1544) 
is amended--
(1) by inserting ``, and make publicly available on the 
website data.gov,'' after ``to the Congress''; and
(2) in paragraph (1), by inserting ``, including any such 
expenditures made with respect to an experimental population 
(as that term is defined in section 10(j))'' after ``to this 
Act''.

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) in subparagraph (A), by adding ``and'' at the end;
(2) in subparagraph (B), by striking ``and'' at the end;
(3) by striking subparagraph (C);
(4) by striking ``taking on the species,'' and inserting 
``taking on the species, including, as necessary, through the 
use of a substitute used to represent a listed species, 
habitat, or an ecological function to express the amount or 
extent of such incidental taking;'';
(5) by striking ``minimize such impact,'' and inserting 
``minimize such impact and that do not propose, recommend, or 
require the Federal agency or the applicant concerned, if any, 
to mitigate or offset such impact; and'';
(6) by striking ``measures specified under clauses (ii) and 
(iii)'' and inserting ``measures specified under clause (ii)'';
(7) by striking clause (iii); and
(8) by redesignating clause (iv) as clause (iii).

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 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 agency action 
that occurs 10 years or more after the date on which the initial 
consultation for the agency action was completed, the Secretary shall 
determine whether continuing to implement the reasonable and prudent 
alternative or reasonable and prudent measure will materially increase 
the likelihood of and reduce the time for recovery of the applicable 
threatened species or endangered species.
``(B) If the Secretary determines under subparagraph (A) that 
continued implementation of the reasonable and prudent alternative or 
reasonable and prudent measure will not materially increase the 
likelihood of and shorten the time for the recovery of the applicable 
threatened species or endangered species, the Federal agency shall 
discontinue implementation of the reasonable and prudent alternative or 
reasonable and prudent measure notwithstanding subsection (a)(2).''.

SEC. 503. 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)(A) In carrying out a consultation under paragraph (2) or a 
conference under paragraph (4), the Secretary--
``(i) except as provided in clause (ii), may only consider the 
effects of the action that is the subject of such consultation or 
conference that the Secretary determines, based on clear and 
substantial information, using the best scientific and commercial data 
available, and in accordance with subparagraphs (B) and (C), 
respectively, are caused by the action itself and are reasonably 
certain to occur; and
``(ii) shall consider as a beneficial effect of the action 
that is the subject of such consultation or conference any 
avoidance, minimization, or mitigation measure proposed by the 
applicable Federal agency or the applicant, if any.
``(B) In determining whether an effect of an action described in 
subparagraph (A)(i) is caused by the action itself, the Secretary shall 
consider whether--
``(i) the effect is so remote in time from the action under 
consultation that it is not reasonably certain to occur;
``(ii) the effect is so geographically remote from the 
immediate area involved in the action that it is not reasonably 
certain to occur;
``(iii) the effect is only reached through a lengthy causal 
chain such that the effect not reasonably certain to occur;
``(iv) the applicable Federal agency does not have the 
ability to prevent the effect due to its limited statutory 
authority; or
``(v) would occur regardless of whether the action is 
carried out.
``(C) In determining whether an effect of an action described in 
subparagraph (A)(i) is reasonably certain to occur, the Secretary shall 
consider factors including the following:
``(i) Experiences with other such actions that are similar 
in scope, nature, and magnitude to the applicable such action.
``(ii) Plans for such action.
``(iii) Any economic, administrative, or legal requirement 
necessary for the action to be carried out that has not been 
fulfilled.
``(iv) Whether the effect has been observed previously and 
to what extent.
``(D) In carrying out a consultation under paragraph (2) or a 
conference under paragraph (4), the Secretary may not consider an 
effect of the action that is the subject of such consultation or 
conference for which there is not clear and substantial information for 
the Secretary to base a determination on under subparagraph (A)(i) that 
the effect of the action is reasonably certain to occur.
``(E) In this paragraph, the terms `effect of the action' and 
`effects of the action' mean a consequence or all consequences, 
respectively, to listed species or critical habitat that is or are 
caused by the proposed action.''.

SEC. 504. CLARIFYING ACTION AREA.

Section 7(b)(3)(A) of the Endangered Species Act of 1973 (16 U.S.C. 
1536(b)(3)(A)) is amended to read as follows:
``(A)(i) Promptly after conclusion of consultation under paragraph 
(2) or (3) of subsection (a), the Secretary shall provide to the 
Federal agency and the applicant, if any, a written statement setting 
forth the Secretary's opinion, and a summary of the information on 
which the opinion is based, detailing how the agency action affects the 
species or its critical habitat within the area directly affected by 
the agency action, which such area may not be speculative or remote in 
time or distance from the agency action. In so doing, the Secretary 
shall differentiate the effects of the agency action from the 
environmental baseline.
``(ii) If jeopardy or adverse modification is found, the Secretary, 
in cooperation and consultation with the Federal agency and applicant, 
if any, shall consider a range of reasonable and prudent alternatives 
and suggest from among that range those reasonable and prudent 
alternatives which the Secretary believes--
``(I) would not violate subsection (a)(2);
``(II) can be taken by the Federal agency or applicant, if 
any, in implementing the agency action;
``(III) are economically and technologically feasible for 
the Federal agency and applicant, if any, to implement; and
``(IV) impose the fewest economic and other relevant costs 
for the applicant, if any.''.

SEC. 505. JUDICIAL REVIEW.

Section 7(n) of the Endangered Species Act of 1973 (16 U.S.C. 
1536(n)) is amended--
(1) by striking ``Any person, as defined by section 3(13) 
of this Act,'' and inserting ``(1) Any person'';
(2) in paragraph (1), as so designated, by redesignating 
paragraphs (1) and (2) as subparagraphs (A) and (B), 
respectively; and
(3) by adding at the end the following:
``(2) Any person may obtain judicial review, under chapter 7 of 
title 5 of the United States Code, of any opinion issued by the 
Secretary under subsection (b) of this section in the United States 
Court of Appeals for the District of Columbia by filing in such court 
not later than 150 days after the date on which the opinion is issued a 
written petition for review.''.

SEC. 506. EXPANSION OF EXEMPTION PROCESS AND ELIGIBILITY 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 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 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 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 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 
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;''.

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--
``(i) is a species that is not native to the United 
States; and
``(ii) is listed in Appendix I or II of the 
Convention; 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) of the Endangered Species Act of 1973 (16 U.S.C. 
1539(a)(1)) is amended--
(1) in subparagraph (A), 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 species, including--
``(I) the export or import, delivery, receipt, 
carrying, transporting, or shipping in interstate or 
foreign commerce; and
``(II) buying or selling or offering for sale in 
interstate or foreign commerce; or''; and
(2) by adding at the end the following:
``(C) In this subsection, the term `is not detrimental to 
the survival of the species' means--
``(i)(I) will not have a negative effect on the 
status of the species in the wild;
``(II) is not a use or removal from the wild that 
will result in the loss or destruction of critical 
habitat of the species; and
``(III) will not directly interfere with recovery 
efforts with respect to the species; or
``(ii) is an activity--
``(I) involving wildlife described in 
section 17.21(g)(1) of title 50, Code of 
Federal Regulations; and
``(II) that satisfies the conditions for 
registration under clauses (iii) through (v) of 
that section.''.

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.''.
Union Calendar No. 489

119th CONGRESS

2d Session

H. R. 1897

[Report No. 119-568]

_______________________________________________________________________

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.

_______________________________________________________________________

March 24, 2026

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