H.R. 3845

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

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119th CONGRESS
1st Session
H. R. 3845

To amend the Endangered Species Act of 1973 to expand the exemption 
process under section 7 of that Act with respect to national security 
and significant adverse national or regional economic impacts.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 9, 2025

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

_______________________________________________________________________

A BILL

To amend the Endangered Species Act of 1973 to expand the exemption 
process under section 7 of that Act with respect to national security 
and significant adverse national or regional economic impacts.

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

SECTION 1. EXPANSION OF EXEMPTION PROCESS UNDER SECTION 7 OF ENDANGERED 
SPECIES ACT OF 1973.

Section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) is 
amended--
(1) in subsection (g)--
(A) in paragraph (1), to read as follows:
``(1)(A) A Federal agency, the Governor of the State in 
which an agency action will occur, if any, or a permit or 
license applicant may apply to the Secretary for an exemption 
for an agency action of such agency if, after consultation 
under subsection (a)(2), the Secretary's opinion under 
subsection (b) indicates that--
``(i) the agency action would violate subsection 
(a)(2); or
``(ii) a modification or reasonable and prudent 
alternative necessary for the agency action to comply 
with subsection (a)(2) may--
``(I) impair national security; or
``(II) result in significant adverse 
national or regional economic impacts.
``(B) An application for an exemption shall be considered 
initially by the Secretary in the manner provided for in this 
subsection, and shall be considered by the Committee for a 
final determination under subsection (h) after a report is made 
pursuant to paragraph (5).
``(C) The applicant for an exemption shall be referred to 
as the `exemption applicant' in this section.'';
(B) in paragraph (3)--
(i) in subparagraph (A), to read as 
follows:
``(A) determine--
``(i) that the Federal agency concerned and the 
exemption applicant have--
``(I) carried out the consultation 
responsibilities described in subsection (a) in 
good faith and made a reasonable and 
responsible effort to develop and fairly 
consider modifications or reasonable and 
prudent alternatives to the proposed agency 
action which would not violate subsection 
(a)(2);
``(II) conducted any biological assessment 
required by subsection (c); and
``(III) to the extent determinable within 
the time provided herein, refrained from making 
any irreversible or irretrievable commitment of 
resources prohibited by subsection (d); and
``(ii) if the exemption applicant submitted to the 
Secretary the application for exemption pursuant to 
paragraph (1)(A)(ii), whether a modification or 
reasonable and prudent alternative necessary for the 
proposed agency action to comply with subsection (a)(2) 
may--
``(I) impair national security; or
``(II) result in significant adverse 
national or regional economic impacts; or''; 
and
(ii) in subparagraph (B), by striking 
``(i), (ii), and (iii)'';
(C) in paragraph (4), by striking ``(i), (ii) and 
(iii)''; and
(D) in paragraph (5)--
(i) by redesignating subparagraphs (B) 
through (D) as subparagraphs (C) through (E), 
respectively; and
(ii) by inserting after subparagraph (A) 
the following:
``(B) if the exemption applicant submitted to the Secretary 
the application for exemption pursuant to paragraph (1)(A)(ii), 
after consultation with the National Security Council regarding 
potential impacts to national security and the Director of the 
National Economic Council regarding potential significant 
adverse national and regional economic impacts, any impairment 
to national security or significant adverse national or 
regional economic impacts that would result from a modification 
or reasonable and prudent alternative necessary for the agency 
action to comply with subsection (a)(2), including a 
description of the analysis and conclusions produced by the 
National Security Council and the Director of the National 
Economic Council as a result of each such consultation;''; and
(2) in subsection (h)(1)(A)(i), to read as follows:
``(i)(I) there are no reasonable and prudent 
alternatives to the agency action; or
``(II) with respect to an agency action the 
application for exemption of which was submitted to the 
Secretary pursuant to subsection (g)(1)(A)(ii), a 
modification or reasonable and prudent alternative 
necessary for the agency action to comply with 
subsection (a)(2) may--
``(aa) impair national security; or
``(bb) result in significant adverse 
national or regional economic impacts;''.
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