I 

118TH CONGRESS 

2D SESSION H. R. 9533 

To amend the Endangered Species Act of 1973 to optimize conservation 

through resource prioritization, incentivize wildlife conservation on private 

lands, provide for greater incentives to recover listed species, create 

greater transparency and accountability in recovering listed species, and 

limit reasonable and prudent measures. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 10, 2024 

Mr. WESTERMAN (for himself, Mr. NEWHOUSE, Mr. BENTZ, Ms. HAGEMAN, 

Mr. GOSAR, Mr. STAUBER, Mr. TIFFANY, and Mr. DUNCAN) introduced 

the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To amend the Endangered Species Act of 1973 to optimize 

conservation through resource prioritization, incentivize 

wildlife conservation on private lands, provide for greater 

incentives to recover listed species, create greater transparency and accountability in recovering listed species, 

and limit reasonable and prudent measures. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘ESA Amendments Act of 2024’’. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 9533 IH

1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Endangered Species Act of 1973 definitions. 

Sec. 3. Authorization of appropriations. 

Sec. 4. Rule of construction. 

TITLE I—OPTIMIZING CONSERVATION THROUGH RESOURCE 

PRIORITIZATION 

Sec. 101. Prioritization of listing petitions, reviews, and determinations. 

TITLE II—INCENTIVIZING WILDLIFE CONSERVATION ON PRIVATE 

LANDS 

Sec. 201. Candidate Conservation Agreements with Assurances. 

Sec. 202. Designation of critical habitat. 

TITLE III—PROVIDING FOR GREATER INCENTIVES TO RECOVER 

LISTED SPECIES 

Sec. 301. Protective regulations under Endangered Species Act of 1973. 

Sec. 302. 5-year review determinations. 

Sec. 303. Judicial review during monitoring period. 

Sec. 304. Codification of regulation. 

TITLE IV—CREATING GREATER TRANSPARENCY AND 

ACCOUNTABILITY IN RECOVERING LISTED SPECIES 

Sec. 401. Requirement to publish basis for listings on the internet. 

Sec. 402. Decisional transparency and use of State, Tribal, and local information. 

Sec. 403. Disclosure of expenditures under Endangered Species Act of 1973. 

Sec. 404. Award of litigation costs to prevailing parties in accordance with existing law. 

Sec. 405. Analysis of impacts and benefits of determination of endangered or 

threatened status. 

TITLE V—LIMITATION ON REASONABLE AND PRUDENT 

MEASURES 

Sec. 501. Limitation on reasonable and prudent measures. 

3 SEC. 2. ENDANGERED SPECIES ACT OF 1973 DEFINITIONS. 

4 (a) FORESEEABLE FUTURE.—The final rule titled 

5 ‘‘Endangered and Threatened Wildlife and Plants; Regu6 lations for Listing Species and Designating Critical Habi7 tat’’ (84 Fed. Reg. 45020; published August 27, 2019) 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•HR 9533 IH

1 shall have the force and effect of law with respect to the 

2 use of the term ‘‘foreseeable future’’. 

3 (b) HABITAT.—Section 3(5) of the Endangered Spe4 cies Act of 1973 (16 U.S.C. 1532(5)) is amended by add5 ing at the end the following: 

6 ‘‘(D) For the purposes of designating critical 

7 habitat under this Act, the term ‘habitat’ means the 

8 abiotic and biotic setting that currently or periodi9 cally contains the resources and conditions necessary 

10 to support 1 or more life processes of a species.’’. 

11 (c) ENVIRONMENTAL BASELINE.—Section 7(a) of 

12 the Endangered Species Act of 1973 (16 U.S.C. 1536(a)) 

13 is amended by adding at the end the following: 

14 ‘‘(5) For the purposes of carrying out a consultation 

15 under this section with respect to a threatened species or 

16 an endangered species, the term ‘environmental base17 line’— 

18 ‘‘(A) means the condition of the species or the 

19 critical habitat of the species in the action area, 

20 without the consequences to the species or the crit21 ical habitat of the species caused by the proposed ac22 tion; and 

23 ‘‘(B) includes— 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•HR 9533 IH

1 ‘‘(i) the past and present effects of all Fed2 eral, State, and private actions and other 

3 human activities in the action area; 

4 ‘‘(ii) the anticipated effects of each pro5 posed Federal project within the action area for 

6 which a consultation under this section has 

7 been completed; 

8 ‘‘(iii) the effects of State and private ac9 tions that are contemporaneous with the con10 sultation in process; and 

11 ‘‘(iv) the ongoing impacts to listed species 

12 or designated critical habitat from existing fa13 cilities or activities that are not caused by the 

14 proposed action or that are not within the dis15 cretion of the Federal action agency to mod16 ify.’’. 

17 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

18 Section 15 of the Endangered Species Act of 1973 

19 (16 U.S.C. 1542) is amended— 

20 (1) in subsection (a)— 

21 (A) by striking ‘‘subsection (b), (c), and 

22 (d)’’ and inserting ‘‘subsections (b) and (c)’’; 

23 (B) in paragraph (1)— 

24 (i) by striking ‘‘and’’ after ‘‘fiscal year 

25 1991,’’; and 


ssavage on LAPJG3WLY3PROD with BILLS
5 

•HR 9533 IH

1 (ii) by inserting ‘‘, and $302,025,000 

2 for each of fiscal years 2025 through 

3 2030’’ after ‘‘fiscal year 1992’’; 

4 (C) in paragraph (2)— 

5 (i) by striking ‘‘and’’ after ‘‘fiscal 

6 years 1989 and 1990,’’; and 

7 (ii) by inserting ‘‘, and $116,630,000 

8 for each of fiscal years 2025 through 

9 2030’’ after ‘‘fiscal years 1991 and 1992’’; 

10 and 

11 (D) in paragraph (3)— 

12 (i) by striking ‘‘and’’ after ‘‘fiscal 

13 years 1989 and 1990,’’; and 

14 (ii) by inserting ‘‘and $2,600,000 for 

15 each of fiscal years 2025 through 2030’’ 

16 after ‘‘fiscal years 1991 and 1992,’’; 

17 (2) in subsection (b), by inserting ‘‘and 

18 $600,000 for each of fiscal years 2025 through 

19 2030’’ after ‘‘1992’’; and 

20 (3) in subsection (c)— 

21 (A) by striking ‘‘and’’ after ‘‘fiscal years 

22 1988, 1989, and 1990,’’; and 

23 (B) by inserting ‘‘and $9,900,000 for each 

24 of fiscal years 2025 through 2030,’’ after ‘‘fis25 cal years 1991 and 1992,’’. 


ssavage on LAPJG3WLY3PROD with BILLS
6 

•HR 9533 IH

1 SEC. 4. RULE OF CONSTRUCTION. 

2 Nothing in this Act or the amendments made by this 

3 Act may be construed to enlarge or diminish the authority, 

4 jurisdiction, or responsibility of a State (as that term is 

5 defined in section 3 of the Endangered Species Act of 

6 1973 (16 U.S.C. 1532)) to manage, control, or regulate 

7 fish and wildlife on lands and waters, including Federal 

8 lands and waters, within the State. 

9 TITLE I—OPTIMIZING CON10 SERVATION THROUGH RE11 SOURCE PRIORITIZATION 

12 SECTION 101. PRIORITIZATION OF LISTING PETITIONS, RE13 VIEWS, AND DETERMINATIONS. 

14 (a) IN GENERAL.—Section 4 of the Endangered Spe15 cies Act of 1973 (16 U.S.C. 1533) is amended by adding 

16 at the end the following: 

17 ‘‘(j) NATIONAL LISTING WORK PLAN.— 

18 ‘‘(1) IN GENERAL.—Not later than the date de19 scribed in paragraph (2), the Secretary shall submit 

20 to Congress a national listing work plan that estab21 lishes, for each covered species, a schedule for the 

22 completion during the 5-fiscal year period beginning 

23 on October 1 of the first fiscal year after the date 

24 of the submission of the work plan of— 

25 ‘‘(A) findings as described in subsection 

26 (b)(3)(B) for each such covered species; 


ssavage on LAPJG3WLY3PROD with BILLS
7 

•HR 9533 IH

1 ‘‘(B) proposed and final determinations re2 garding listing each such covered species under 

3 this section; and 

4 ‘‘(C) proposed and final critical habitat 

5 designations under subsection (a)(3) relating to 

6 each such covered species. 

7 ‘‘(2) SUBMISSION TO CONGRESS.— 

8 ‘‘(A) IN GENERAL.—The Secretary shall 

9 submit to Congress— 

10 ‘‘(i) together with the budget request 

11 of the Secretary for the first fiscal year 

12 that begins not less than 365 days after 

13 the date of the enactment of this sub14 section, the initial work plan required 

15 under paragraph (1); and 

16 ‘‘(ii) together with the budget request 

17 of the Secretary for each fiscal year there18 after, an updated work plan under para19 graph (1). 

20 ‘‘(B) ADDITIONAL INCLUSIONS.—The Sec21 retary shall include with each budget request 

22 referred to in subparagraph (A) a description of 

23 the amounts to be requested to carry out the 

24 work plan for the fiscal year covered by the 

25 budget request, including any amounts reVerDate Sep 11 2014 01:02 Sep 14, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H9533.IH H9533

ssavage on LAPJG3WLY3PROD with BILLS
8 

•HR 9533 IH

1 quested to address emergency listings if the 

2 Secretary identifies any emergency posing a sig3 nificant risk to the well-being of any species of 

4 fish or wildlife or plant. 

5 ‘‘(3) PRIORITY.— 

6 ‘‘(A) IN GENERAL.—In developing a work 

7 plan under this subsection, the Secretary shall 

8 assign to each species included in the work plan 

9 a priority classification of Priority 1 through 

10 Priority 5, such that, as determined by the Sec11 retary, the following apply: 

12 ‘‘(i) Priority 1 represents species of 

13 the highest priority, to be designated as 

14 critically imperiled and in need of imme15 diate action. 

16 ‘‘(ii) Priority 2 represents species with 

17 respect to which the best scientific and 

18 commercial data available support a clear 

19 decision regarding the status of the spe20 cies. 

21 ‘‘(iii) Priority 3 represents species 

22 with respect to which studies regarding the 

23 status of the species are being carried 

24 out— 


ssavage on LAPJG3WLY3PROD with BILLS
9 

•HR 9533 IH

1 ‘‘(I) to answer key questions that 

2 may influence the findings of a peti3 tion to list the species submitted 

4 under subsection (b)(3); and 

5 ‘‘(II) to resolve any uncertainty 

6 regarding the status of the species 

7 within a reasonable timeframe. 

8 ‘‘(iv) Priority 4 represents species for 

9 which proactive conservation efforts likely 

10 to reduce threats to the species are being 

11 developed or carried out, within a reason12 able timeframe and in an organized man13 ner, by Federal agencies, States, land14 owners, or other stakeholders. 

15 ‘‘(v) Priority 5 represents species— 

16 ‘‘(I) for which there exists little 

17 information regarding— 

18 ‘‘(aa) threats to the species; 

19 or 

20 ‘‘(bb) the status of the spe21 cies; or 

22 ‘‘(II) that would receive limited 

23 conservation benefit in the foreseeable 

24 future by listing the species as a 


ssavage on LAPJG3WLY3PROD with BILLS
10 

•HR 9533 IH

1 threatened species or endangered spe2 cies under this section. 

3 ‘‘(B) USE OF METHODOLOGY.—The Sec4 retary shall establish and assign priority classi5 fications under subparagraph (A) in accordance 

6 with the notice of the Director of the United 

7 States Fish and Wildlife Service titled ‘Method8 ology for Prioritizing Status Reviews and Ac9 companying 12-Month Findings on Petitions 

10 for Listing Under the Endangered Species Act’ 

11 (81 Fed. Reg. 49248; published July 27, 2016). 

12 ‘‘(C) EXTENSIONS FOR CERTAIN PRIORITY

13 CLASSIFICATIONS.— 

14 ‘‘(i) PRIORITY 3.—With respect to a 

15 species classified as Priority 3 under sub16 paragraph (A)(iii), if the Secretary deter17 mines that additional time would allow for 

18 more complete data collection or the com19 pletion of studies relating to the species, 

20 the Secretary may retain the species under 

21 the work plan for a period of not more 

22 than 5 years after the deadline under para23 graph (4). 

24 ‘‘(ii) PRIORITY 4.—With respect to a 

25 species classified as Priority 4 under subVerDate Sep 11 2014 04:03 Sep 14, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H9533.IH H9533

ssavage on LAPJG3WLY3PROD with BILLS
11 

•HR 9533 IH

1 paragraph (A)(iv), if the Secretary deter2 mines that existing conservation efforts 

3 continue to meet the conservation needs of 

4 the species, the Secretary may retain the 

5 species under the work plan for a period of 

6 not more than 5 years after the deadline 

7 under paragraph (4). 

8 ‘‘(iii) PRIORITY 5.—With respect to a 

9 species classified as Priority 5 under sub10 paragraph (A)(v), the Secretary may retain 

11 the species under the work plan for a pe12 riod of not more than 5 years after the 

13 deadline under paragraph (4). 

14 ‘‘(D) REVISION OF PRIORITY CLASSIFICA15 TION.—The Secretary may revise, in accordance 

16 with subparagraph (A), the assignment to a pri17 ority classification of a species included in a 

18 work plan at any time during the fiscal years 

19 to which the work plan applies. 

20 ‘‘(E) EFFECT OF PRIORITY CLASSIFICA21 TION.—The assignment of a priority classifica22 tion to a species included in a work plan is not 

23 a final agency action. 

24 ‘‘(4) DEADLINE.—The Secretary shall act on 

25 any petition to add a species to a list published 


ssavage on LAPJG3WLY3PROD with BILLS
12 

•HR 9533 IH

1 under subsection (c) submitted under subsection 

2 (b)(3) not later than the last day of the fiscal year 

3 specified for that petition in the most recent work 

4 plan. 

5 ‘‘(5) REGULATIONS.—The Secretary may issue 

6 such regulations as the Secretary determines appro7 priate to carry out this subsection. 

8 ‘‘(6) EFFECT OF SUBSECTION.—Nothing in this 

9 subsection may be construed to preclude or other10 wise affect the emergency listing authority of the 

11 Secretary under subsection (b)(7). 

12 ‘‘(7) DEFINITIONS.—In this subsection: 

13 ‘‘(A) COVERED SPECIES.—The term ‘cov14 ered species’ means a species that is not in15 cluded on a list published under subsection 

16 (c)— 

17 ‘‘(i) for which a petition to add the 

18 species to such a list has been submitted 

19 under subsection (b)(3); or 

20 ‘‘(ii) that is otherwise under consider21 ation by the Secretary for addition to such 

22 a list. 

23 ‘‘(B) WORK PLAN.—The term ‘work plan’ 

24 means the national listing work plan submitted 

25 by the Secretary under paragraph (1).’’. 


ssavage on LAPJG3WLY3PROD with BILLS
13 

•HR 9533 IH

1 (b) CONFORMING AMENDMENTS.—Section 4(b)(3) of 

2 the Endangered Species Act of 1973 (16 U.S.C. 

3 1533(b)(3)) is amended— 

4 (1) in subparagraph (B), by striking ‘‘Within 

5 12 months’’ and inserting ‘‘In accordance with the 

6 national listing work plan submitted under sub7 section (j),’’; and 

8 (2) in subparagraph (C), to read as follows: 

9 ‘‘(C) JUDICIAL REVIEW.—Any negative finding 

10 described in subparagraph (A) and any finding de11 scribed in subparagraph (B)(i)(I) shall be subject to 

12 judicial review.’’. 

13 TITLE II—INCENTIVIZING WILD14 LIFE CONSERVATION ON PRI15 VATE LANDS 

16 SECTION 201. CANDIDATE CONSERVATION AGREEMENTS 

17 WITH ASSURANCES. 

18 (a) LISTING DETERMINATIONS.—Section 4(b)(1) of 

19 the Endangered Species Act of 1973 (16 U.S.C. 

20 1533(b)(1)) is amended by adding at the end the fol21 lowing: 

22 ‘‘(C) CANDIDATE CONSERVATION AGREEMENTS

23 WITH ASSURANCES.—In making a determination 

24 under subsection (a)(1) with respect to a species, the 

25 Secretary shall take into account and document the 


ssavage on LAPJG3WLY3PROD with BILLS
14 

•HR 9533 IH

1 effect of any net conservation benefit (as that term 

2 is defined in subsection (k) of section 10) of any 

3 Candidate Conservation Agreement with Assurances 

4 or any programmatic Candidate Conservation Agree5 ment with Assurances (as those terms are defined in 

6 that subsection) relating to such species.’’. 

7 (b) CANDIDATE CONSERVATION AGREEMENTS WITH

8 ASSURANCES.—Section 10 of the Endangered Species Act 

9 of 1973 (16 U.S.C. 1539) is amended by adding at the 

10 end the following: 

11 ‘‘(k) CANDIDATE CONSERVATION AGREEMENTS

12 WITH ASSURANCES.— 

13 ‘‘(1) PROPOSED AGREEMENT.—A covered party 

14 may submit a proposed Agreement to the Secretary. 

15 ‘‘(2) APPROVAL.—Not later than 120 days 

16 after the date of the receipt of a proposed Agree17 ment under paragraph (1), the Secretary shall ap18 prove the proposed Agreement if the Secretary de19 termines that the proposed Agreement— 

20 ‘‘(A) sets forth specific management activi21 ties that the covered party will undertake to 

22 conserve the covered species; 

23 ‘‘(B) provides a positive estimate of the net 

24 conservation benefit of such management activi25 ties to the covered species; 


ssavage on LAPJG3WLY3PROD with BILLS
15 

•HR 9533 IH

1 ‘‘(C) describes, to the maximum extent 

2 practicable, the existing population levels of the 

3 covered species or the existing quality of habi4 tat; 

5 ‘‘(D) includes a monitoring plan to be car6 ried out by the parties to the Agreement; and 

7 ‘‘(E) provides assurances to the covered 

8 party that no additional conservation measures 

9 will be required and additional land, water, or 

10 resource use restrictions will not be imposed on 

11 the covered party if the covered species becomes 

12 listed after the effective date of such Agree13 ment. 

14 ‘‘(3) DENIAL.—Not later than 120 days after 

15 the date of the receipt of a proposed Agreement 

16 under paragraph (1), the Secretary shall— 

17 ‘‘(A) deny the proposed Agreement if the 

18 Secretary determines that the proposed Agree19 ment does not meet the requirements described 

20 in paragraph (2); and 

21 ‘‘(B) provide the submitting covered party 

22 a written explanation for such determination 

23 and the adjustments required for the Secretary 

24 to approve such proposed Agreement. 


ssavage on LAPJG3WLY3PROD with BILLS
16 

•HR 9533 IH

1 ‘‘(4) PROGRAMMATIC CANDIDATE CONSERVA2 TION AGREEMENT WITH ASSURANCES.— 

3 ‘‘(A) IN GENERAL.—The Secretary may 

4 enter into a Candidate Conservation Agreement 

5 with Assurances with a covered party that au6 thorizes such covered party— 

7 ‘‘(i) to administer such Candidate 

8 Conservation Agreement with Assurances; 

9 ‘‘(ii) to hold any permit issued under 

10 this section with regard to such Candidate 

11 Conservation Agreement with Assurances; 

12 ‘‘(iii) to enroll other covered parties 

13 within the area covered by such Candidate 

14 Conservation Agreement with Assurances 

15 in such Candidate Conservation Agreement 

16 with Assurances; and 

17 ‘‘(iv) to convey any permit authoriza18 tion held by such covered party under 

19 clause (ii) to each covered party enrolled 

20 under clause (iii). 

21 ‘‘(B) PUBLICATION.—Upon receipt of a 

22 proposed programmatic Candidate Conservation 

23 Agreement with Assurances under paragraph 

24 (1) and before approving or denying such a pro25 posed programmatic Candidate Conservation 


ssavage on LAPJG3WLY3PROD with BILLS
17 

•HR 9533 IH

1 Agreement with Assurances under paragraph 

2 (2) or (3), respectively, the Secretary shall— 

3 ‘‘(i) not later than 30 days after the 

4 date of such receipt, publish the proposed 

5 programmatic Candidate Conservation 

6 Agreement with Assurances in the Federal 

7 Register for public comment for a period 

8 of not less than 60 days; 

9 ‘‘(ii) review any comments received 

10 under clause (i); and 

11 ‘‘(iii) after the close of the public com12 ment period for the proposed pro13 grammatic Candidate Conservation Agree14 ment with Assurances, publish in the Fed15 eral Register— 

16 ‘‘(I) any comments received 

17 under clause (i); and 

18 ‘‘(II) the approval or denial of 

19 the proposed programmatic Candidate 

20 Conservation Agreement with Assur21 ances under paragraph (2) or (3), re22 spectively. 

23 ‘‘(5) INCIDENTAL TAKE AUTHORIZATION.—If a 

24 covered species is listed under section 4, the Sec25 retary shall issue a permit to the relevant covered 


ssavage on LAPJG3WLY3PROD with BILLS
18 

•HR 9533 IH

1 party under this section allowing incidental take of 

2 and modification to the habitat of such covered spe3 cies consistent with the Agreement. 

4 ‘‘(6) TECHNICAL ASSISTANCE.—The Secretary 

5 shall, upon request, provide a covered party with 

6 technical assistance in developing a proposed Agree7 ment. 

8 ‘‘(7) APPLICABILITY TO FEDERAL LAND.—An 

9 Agreement may apply to a covered party that con10 ducts activities on land administered by any Federal 

11 agency pursuant to a permit or lease issued to the 

12 covered party by that Federal agency. 

13 ‘‘(8) EXEMPTION FROM CONSULTATION RE14 QUIREMENT.—An Agreement approved under this 

15 subsection shall be deemed to have been granted an 

16 exemption under section 7(h) for the purposes of 

17 that section. 

18 ‘‘(9) EXEMPTION FROM DISCLOSURE.—Infor19 mation submitted by a private party to the Secretary 

20 under this subsection shall be exempt from disclo21 sure under section 552(b)(3)(B) of title 5, United 

22 States Code. 

23 ‘‘(10) DEFINITIONS.—In this subsection: 

24 ‘‘(A) AGREEMENT.—The term ‘Agreement’ 

25 means— 


ssavage on LAPJG3WLY3PROD with BILLS
19 

•HR 9533 IH

1 ‘‘(i) a Candidate Conservation Agree2 ment with Assurances; or 

3 ‘‘(ii) a programmatic Candidate Con4 servation Agreement with Assurances. 

5 ‘‘(B) CANDIDATE CONSERVATION AGREE6 MENT WITH ASSURANCES.—The term ‘Can7 didate Conservation Agreement with Assur8 ances’ means any voluntary agreement, includ9 ing a conservation benefit agreement, between 

10 the Secretary and a covered party in which— 

11 ‘‘(i) the covered party commits to im12 plementing mutually agreed upon conserva13 tion measures for a candidate species; and 

14 ‘‘(ii) the Secretary provides assur15 ances that, if such candidate species is list16 ed pursuant to section 4— 

17 ‘‘(I) the covered party shall incur 

18 no additional obligations beyond ac19 tions agreed to in the agreement with 

20 respect to conservation activities re21 quired under this Act; and 

22 ‘‘(II) no additional land, water, 

23 or resource use restrictions shall be 

24 imposed on the covered party beyond 

25 those included in the agreement. 


ssavage on LAPJG3WLY3PROD with BILLS
20 

•HR 9533 IH

1 ‘‘(C) CANDIDATE SPECIES.—The term 

2 ‘candidate species’ means a species— 

3 ‘‘(i) designated by the Secretary as a 

4 candidate species under this Act; or 

5 ‘‘(ii) proposed to be listed pursuant to 

6 section 4. 

7 ‘‘(D) COVERED PARTY.—The term ‘covered 

8 party’ means a— 

9 ‘‘(i) party that conducts activities on 

10 land administered by a Federal agency 

11 pursuant to a permit or lease issued to the 

12 party; 

13 ‘‘(ii) private property owner; 

14 ‘‘(iii) county; 

15 ‘‘(iv) State or State agency; or 

16 ‘‘(v) Tribal government. 

17 ‘‘(E) COVERED SPECIES.—The term ‘cov18 ered species’ means, with respect to an Agree19 ment, the species that is the subject of such 

20 Agreement. 

21 ‘‘(F) NET CONSERVATION BENEFIT.—The 

22 term ‘net conservation benefit’ means the net 

23 effect of an Agreement, determined by com24 paring the existing situation of the candidate 

25 species without the Agreement in effect and a 


ssavage on LAPJG3WLY3PROD with BILLS
21 

•HR 9533 IH

1 situation in which the Agreement is in effect, 

2 on a candidate species, including— 

3 ‘‘(i) the net effect on threats to such 

4 species; 

5 ‘‘(ii) the net effect on the number of 

6 individuals of such species; or 

7 ‘‘(iii) the net effect on the habitat of 

8 such species. 

9 ‘‘(G) PROGRAMMATIC CANDIDATE CON10 SERVATION AGREEMENT WITH ASSURANCES.— 

11 The term ‘programmatic Candidate Conserva12 tion Agreement with Assurances’ means a Can13 didate Conservation Agreement with Assurances 

14 described in paragraph (4)(A).’’. 

15 SEC. 202. DESIGNATION OF CRITICAL HABITAT. 

16 (a) PRIVATELY OWNED OR CONTROLLED LAND.— 

17 Section 4(a)(3) of the Endangered Species Act of 1973 

18 (16 U.S.C. 1533(a)(3)) is amended by adding at the end 

19 the following: 

20 ‘‘(C) PRIVATELY OWNED OR CONTROLLED

21 LAND.—The Secretary may not designate as critical 

22 habitat under subparagraph (A) any privately owned 

23 or controlled land or other geographical area that is 

24 subject to a land management plan that— 


ssavage on LAPJG3WLY3PROD with BILLS
22 

•HR 9533 IH

1 ‘‘(i) the Secretary determines is similar in 

2 nature to an integrated natural resources man3 agement plan described in section 101 of the 

4 Sikes Act (16 U.S.C. 670a); 

5 ‘‘(ii)(I) is prepared in cooperation with the 

6 Secretary and the head of each applicable State 

7 fish and wildlife agency of each State in which 

8 such land or other geographical area is located; 

9 or 

10 ‘‘(II) is submitted to the Secretary in 

11 a manner that is similar to the manner in 

12 which an applicant submits a conservation 

13 plan to the Secretary under section 

14 10(a)(2)(A); 

15 ‘‘(iii) includes an activity or a limitation on 

16 an activity that the Secretary determines will 

17 likely conserve the species concerned; 

18 ‘‘(iv) the Secretary determines will result 

19 in— 

20 ‘‘(I) an increase in the population of 

21 the species concerned above the population 

22 of such species on the date that such spe23 cies is listed as a threatened species or an 

24 endangered species; or 


ssavage on LAPJG3WLY3PROD with BILLS
23 

•HR 9533 IH

1 ‘‘(II) maintaining the same population 

2 of such species on the land or other geo3 graphical area as the population that 

4 would likely occur if such land or other 

5 geographical area is designated as critical 

6 habitat; and 

7 ‘‘(v) to the maximum extent practicable, 

8 will minimize and mitigate the impacts of any 

9 activity that will likely result in an incidental 

10 taking of the species concerned.’’. 

11 (b) DESIGNATION CONSIDERATIONS.—Section 

12 4(b)(2) of the Endangered Species Act of 1973 (16 U.S.C. 

13 1533(b)(2)) is amended in the first sentence by inserting 

14 ‘‘the impact on existing efforts of private landowners to 

15 conserve the species,’’ after ‘‘impact on national secu16 rity,’’. 

17 TITLE III—PROVIDING FOR 

18 GREATER INCENTIVES TO RE19 COVER LISTED SPECIES 

20 SEC. 301. PROTECTIVE REGULATIONS UNDER ENDAN21 GERED SPECIES ACT OF 1973. 

22 (a) AMENDMENT TO DEFINITION.—Section 3(3) of 

23 the Endangered Species Act of 1973 (16 U.S.C. 1532(3)) 

24 is amended by striking ‘‘and transplantation, and, in the 

25 extraordinary case where population pressures within a 


ssavage on LAPJG3WLY3PROD with BILLS
24 

•HR 9533 IH

1 given ecosystem cannot be otherwise relieved, may in2 clude’’ and inserting ‘‘transplantation, and, at the discre3 tion of the Secretary,’’. 

4 (b) PROTECTIVE REGULATIONS.—Section 4 of the 

5 Endangered Species Act of 1973 (16 U.S.C. 1533) is 

6 amended— 

7 (1) in subsection (d), to read as follows: 

8 ‘‘(d) PROTECTIVE REGULATIONS.— 

9 ‘‘(1) IN GENERAL.—Whenever any species 

10 is listed as a threatened species pursuant to 

11 subsection (c), the Secretary shall issue such 

12 regulations as are necessary and advisable to 

13 provide for the conservation of that species. 

14 ‘‘(2) RECOVERY GOALS.—If the Secretary 

15 issues a regulation under paragraph (1) that 

16 prohibits an act described in section 9(a), the 

17 Secretary shall, with respect to the species that 

18 is the subject of such regulation— 

19 ‘‘(A) establish objective, incremental 

20 recovery goals; 

21 ‘‘(B) provide for the stringency of 

22 such regulation to decrease as such recov23 ery goals are met; and 

24 ‘‘(C) provide for State management 

25 within such State, if such State is willing 


ssavage on LAPJG3WLY3PROD with BILLS
25 

•HR 9533 IH

1 to take on such management, beginning on 

2 the date on which the Secretary determines 

3 all such recovery goals are met and, if such 

4 recovery goals remain met, continuing until 

5 such species is removed from the list of 

6 threatened species published pursuant to 

7 subsection (c). 

8 ‘‘(3) COOPERATIVE AGREEMENT.—A regu9 lation issued under paragraph (1) that prohibits 

10 an act described in section 9(a)(1) with respect 

11 to a resident species shall apply with respect to 

12 a State that has entered into a cooperative 

13 agreement with the Secretary pursuant to sec14 tion 6(c) only to the extent that such regulation 

15 is adopted by such State. 

16 ‘‘(4) STATE RECOVERY STRATEGY.— 

17 ‘‘(A) IN GENERAL.—A State may de18 velop a recovery strategy for a threatened 

19 species or a candidate species and submit 

20 to the Secretary a petition for the Sec21 retary to use such recovery strategy as the 

22 basis for any regulation issued under para23 graph (1) with respect to such species 

24 within such State. 


ssavage on LAPJG3WLY3PROD with BILLS
26 

•HR 9533 IH

1 ‘‘(B) APPROVAL OR DENIAL OF PETI2 TION.—Not later than 120 days after the 

3 date on which the Secretary receives a pe4 tition submitted under subparagraph (A), 

5 the Secretary shall— 

6 ‘‘(i) approve such petition if the 

7 recovery strategy is reasonably certain 

8 to be implemented by the petitioning 

9 State and to be effective in conserving 

10 the species that is the subject of such 

11 recovery strategy; or 

12 ‘‘(ii) deny such petition if the re13 quirements described in clause (i) are 

14 not met. 

15 ‘‘(C) PUBLICATION.—Not later than 

16 30 days after the date on which the Sec17 retary approves or denies a petition under 

18 subparagraph (B), the Secretary shall pub19 lish such approval or denial in the Federal 

20 Register. 

21 ‘‘(D) DENIAL OF PETITION.— 

22 ‘‘(i) WRITTEN EXPLANATION.—If 

23 the Secretary denies a petition under 

24 subparagraph (B), the Secretary shall 

25 include in such denial a written explaVerDate Sep 11 2014 01:02 Sep 14, 2024 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H9533.IH H9533

ssavage on LAPJG3WLY3PROD with BILLS
27 

•HR 9533 IH

1 nation for such denial, including a de2 scription of the changes to such peti3 tion that are necessary for the Sec4 retary to approve such petition. 

5 ‘‘(ii) RESUBMISSION OF DENIED

6 PETITION.—A State may resubmit a 

7 petition that is denied under subpara8 graph (B). 

9 ‘‘(E) USE IN PROTECTIVE REGULA10 TIONS.—If the Secretary approves a peti11 tion under subparagraph (B), the Sec12 retary shall— 

13 ‘‘(i) issue a regulation under 

14 paragraph (1) that adopts the recov15 ery strategy as such regulation with 

16 respect to the species that is the sub17 ject of such recovery strategy within 

18 the petitioning State; and 

19 ‘‘(ii) establish objective criteria to 

20 evaluate the effectiveness of such re21 covery strategy in conserving such 

22 species within such State. 

23 ‘‘(F) REVISION.—If a recovery strat24 egy that is adopted as a regulation issued 

25 under paragraph (1) is determined by the 


ssavage on LAPJG3WLY3PROD with BILLS
28 

•HR 9533 IH

1 Secretary to be ineffective in conserving 

2 the species that is the subject of such re3 covery strategy in accordance with the ob4 jective criteria established under subpara5 graph (E)(ii) for such recovery strategy, 

6 the Secretary shall revise such regulation 

7 and reissue such regulation in accordance 

8 with paragraph (1).’’; and 

9 (2) in subsection (f)(1)(B)— 

10 (A) in clause (ii), by striking ‘‘and’’ at the 

11 end; 

12 (B) in clause (iii), by striking the period at 

13 the end and inserting ‘‘; and’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(iv) with respect to an endangered spe16 cies, objective, incremental recovery goals in ac17 cordance with subsection (d)(2)(A) for use 

18 under that subsection if such endangered spe19 cies is changed in status from an endangered 

20 species to a threatened species under subsection 

21 (c)(2)(B)(ii).’’. 

22 SEC. 302. 5-YEAR REVIEW DETERMINATIONS. 

23 Section 4(c) of the Endangered Species Act of 1973 

24 (16 U.S.C. 1533(c)) is amended by adding at the end the 

25 following: 


ssavage on LAPJG3WLY3PROD with BILLS
29 

•HR 9533 IH

1 ‘‘(3) Not later than 30 days after the date on 

2 which the Secretary makes a determination under 

3 paragraph (2)(B), the Secretary shall initiate a rule4 making to carry out such determination.’’. 

5 SEC. 303. JUDICIAL REVIEW DURING MONITORING PERIOD. 

6 Section 4(g) of the Endangered Species Act of 1973 

7 (16 U.S.C. 1533(g)) is amended by adding at the end the 

8 following: 

9 ‘‘(3) The removal of a species from a list pub10 lished under subsection (c)(1) is not subject to judi11 cial review during the period established under para12 graph (1) with respect to the species.’’. 

13 SEC. 304. CODIFICATION OF REGULATION. 

14 The final rule titled ‘‘Endangered and Threatened 

15 Wildlife and Plants; Regulations for Prohibitions to 

16 Threatened Wildlife and Plants’’ (84 Fed. Reg. 44753; 

17 published August 27, 2019) shall have the force and effect 

18 of law. 


ssavage on LAPJG3WLY3PROD with BILLS
30 

•HR 9533 IH

1 TITLE IV—CREATING GREATER 

2 TRANSPARENCY AND AC3 COUNTABILITY IN RECOV4 ERING LISTED SPECIES 

5 SECTION 401. REQUIREMENT TO PUBLISH BASIS FOR LIST6 INGS ON THE INTERNET. 

7 Section 4(b) of the Endangered Species Act of 1973 

8 (16 U.S.C. 1533(b)) is amended by adding at the end the 

9 following: 

10 ‘‘(9) The Secretary shall make publicly available on 

11 the internet the best scientific and commercial data avail12 able that are used as the basis for each regulation, includ13 ing each proposed regulation, promulgated under sub14 section (a)(1), except that— 

15 ‘‘(A) at the request of a Governor, State agen16 cy, or legislature of a State, the Secretary may not 

17 make such data available under this paragraph if 

18 such entity determines that public disclosure of such 

19 data is prohibited by a law or regulation of such 

20 State, including any law or regulation requiring the 

21 protection of personal information; and 

22 ‘‘(B) not later than 30 days after the date of 

23 the enactment of this paragraph, the Secretary shall 

24 execute an agreement with the Secretary of Defense 

25 that prevents the disclosure of classified information 


ssavage on LAPJG3WLY3PROD with BILLS
31 

•HR 9533 IH

1 pertaining to Department of Defense personnel, fa2 cilities, lands, or waters.’’. 

3 SEC. 402. DECISIONAL TRANSPARENCY AND USE OF STATE, 

4 TRIBAL, AND LOCAL INFORMATION. 

5 (a) REQUIRING DECISIONAL TRANSPARENCY WITH

6 AFFECTED STATES.—Section 6(a) of the Endangered 

7 Species Act of 1973 (16 U.S.C. 1535(a)) is amended— 

8 (1) by inserting ‘‘(1)’’ before the first sentence; 

9 and 

10 (2) by striking ‘‘Such cooperation shall include’’ 

11 and inserting the following: 

12 ‘‘(2) Such cooperation shall include— 

13 ‘‘(A) before making a determination under 

14 section 4(a), providing to States affected by 

15 such determination all data that is the basis of 

16 the determination; and 

17 ‘‘(B)’’. 

18 (b) ENSURING USE OF STATE, TRIBAL, AND LOCAL

19 INFORMATION.— 

20 (1) IN GENERAL.—Section 3 of the Endangered 

21 Species Act of 1973 (16 U.S.C. 1532) is amended— 

22 (A) by redesignating paragraphs (2) 

23 through (21) as paragraphs (3) through (22), 

24 respectively; and 


ssavage on LAPJG3WLY3PROD with BILLS
32 

•HR 9533 IH

1 (B) by inserting after paragraph (1) the 

2 following: 

3 ‘‘(2) The term ‘best scientific and commercial data 

4 available’ includes data submitted to the Secretary by a 

5 State, Tribal, or county government.’’. 

6 (2) CONFORMING AMENDMENT.—Section 7(n) 

7 of the Endangered Species Act of 1973 (16 U.S.C. 

8 1536(n)) is amended by striking ‘‘section 3(13)’’ 

9 and inserting ‘‘section 3(14)’’. 

10 SEC. 403. DISCLOSURE OF EXPENDITURES UNDER ENDAN11 GERED SPECIES ACT OF 1973. 

12 (a) REQUIREMENT TO DISCLOSE.—Section 13 of the 

13 Endangered Species Act of 1973 (87 Stat. 902) is amend14 ed to read as follows: 

15 ‘‘SEC. 13. DISCLOSURE OF EXPENDITURES. 

16 ‘‘(a) REQUIREMENT.—The Secretary of the Interior, 

17 in consultation with the Secretary of Commerce, shall— 

18 ‘‘(1) not later than 90 days after the end of 

19 each fiscal year, submit to the Committee on Nat20 ural Resources of the House of Representatives and 

21 the Committee on Environment and Public Works of 

22 the Senate an annual report detailing Federal Gov23 ernment expenditures for covered suits during the 

24 preceding fiscal year (including the information de25 scribed in subsection (b)); and 


ssavage on LAPJG3WLY3PROD with BILLS
33 

•HR 9533 IH

1 ‘‘(2) make publicly available through the Inter2 net a searchable database, updated monthly, of the 

3 information described in subsection (b). 

4 ‘‘(b) INCLUDED INFORMATION.—The report shall in5 clude— 

6 ‘‘(1) the case name and number of each covered 

7 suit, and, with respect to each such covered suit, a 

8 hyperlink to each settlement decision, final decision, 

9 consent decree, stipulation of dismissal, release, in10 terim decision, motion to dismiss, partial motion for 

11 summary judgement, or related final document; 

12 ‘‘(2) a description of each claim or cause of ac13 tion in each covered suit; 

14 ‘‘(3) the name of each covered agency the ac15 tions of which give rise to any claim in a covered 

16 suit and each plaintiff in such suit; 

17 ‘‘(4) funds expended by each covered agency 

18 (disaggregated by agency account) to receive and re19 spond to notices referred to in section 11(g)(2) or to 

20 prepare for litigation of, litigate, negotiate a settle21 ment agreement or consent decree in, or provide ma22 terial, technical, or other assistance in relation to, a 

23 covered suit; 


ssavage on LAPJG3WLY3PROD with BILLS
34 

•HR 9533 IH

1 ‘‘(5) the number of full-time equivalent employ2 ees that participated in the activities described in 

3 paragraph (4); 

4 ‘‘(6) any information required to be published 

5 under section 1304 of title 31, United States Code, 

6 with respect to a covered suit; and 

7 ‘‘(7) attorneys fees and other expenses 

8 (disaggregated by agency account) awarded in cov9 ered suits, including any consent decrees or settle10 ment agreements (regardless of whether a decree or 

11 settlement agreement is sealed or otherwise subject 

12 to nondisclosure provisions), including the bases for 

13 such awards. 

14 ‘‘(c) REQUIREMENT TO PROVIDE INFORMATION.— 

15 The head of each covered agency shall provide to the Sec16 retary in a timely manner all information requested by the 

17 Secretary to comply with the requirements of this section. 

18 ‘‘(d) LIMITATION ON DISCLOSURE.—Notwith19 standing any other provision of this section, this section 

20 shall not affect any restriction in a consent decree or set21 tlement agreement on the disclosure of information that 

22 is not described in subsection (b). 

23 ‘‘(e) DEFINITIONS.—In this section: 

24 ‘‘(1) COVERED AGENCY.—The term ‘covered 

25 agency’ means any agency of the— 


ssavage on LAPJG3WLY3PROD with BILLS
35 

•HR 9533 IH

1 ‘‘(A) Department of the Interior; 

2 ‘‘(B) Forest Service; 

3 ‘‘(C) Environmental Protection Agency; 

4 ‘‘(D) National Marine Fisheries Service; 

5 ‘‘(E) Bonneville Power Administration; 

6 ‘‘(F) Western Area Power Administration; 

7 ‘‘(G) Southwestern Power Administration; 

8 or 

9 ‘‘(H) Southeastern Power Administration. 

10 ‘‘(2) COVERED SUIT.—The term ‘covered suit’ 

11 means— 

12 ‘‘(A) any civil action containing any claim 

13 arising under this Act against the Federal Gov14 ernment and based on the action of a covered 

15 agency; and 

16 ‘‘(B) any administrative proceeding under 

17 which the United States awards fees and other 

18 expenses to a third party under section 504 of 

19 title 5, United States Code.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 in the first section of the Endangered Species Act of 1973 

22 (16 U.S.C. 1531 note) is amended by striking the item 

23 relating to section 13 and inserting the following: 

‘‘Sec. 13. Disclosure of expenditures.’’. 


ssavage on LAPJG3WLY3PROD with BILLS
36 

•HR 9533 IH

1 SEC. 404. AWARD OF LITIGATION COSTS TO PREVAILING 

2 PARTIES IN ACCORDANCE WITH EXISTING 

3 LAW. 

4 Section 11(g)(4) of the Endangered Species Act of 

5 1973 (16 U.S.C. 1540(g)(4)) is amended by striking ‘‘to 

6 any party, whenever the court determines such award is 

7 appropriate’’ and inserting ‘‘in accordance with section 

8 2412 of title 28, United States Code and section 504 of 

9 title 5, United States Code.’’. 

10 SEC. 405. ANALYSIS OF IMPACTS AND BENEFITS OF DETER11 MINATION OF ENDANGERED OR THREAT12 ENED STATUS. 

13 Section 4(a) of the Endangered Species Act of 1973 

14 (16 U.S.C. 1533(a)) is amended by adding at the end the 

15 following: 

16 ‘‘(4) ANALYSIS OF EFFECTS OF DETERMINATION.— 

17 ‘‘(A) IN GENERAL.—The Secretary shall, con18 currently with making a determination under para19 graph (1) that a species is a threatened species or 

20 an endangered species, prepare an analysis with re21 spect to such determination of— 

22 ‘‘(i) the economic effect; 

23 ‘‘(ii) the effects on national security; and 

24 ‘‘(iii) any other relevant effect. 

25 ‘‘(B) EFFECT.—Nothing in this paragraph 

26 shall delay a determination made by the Secretary 


ssavage on LAPJG3WLY3PROD with BILLS
37 

•HR 9533 IH

1 under paragraph (1) or change the criteria used by 

2 the Secretary to make such a determination.’’. 

3 TITLE V—LIMITATION ON REA4 SONABLE AND PRUDENT 

5 MEASURES 

6 SECTION 501. LIMITATION ON REASONABLE AND PRUDENT 

7 MEASURES. 

8 Section 7(b)(4) of the Endangered Species Act of 

9 1973 (16 U.S.C. 1536(b)(4)) is amended by inserting 

10 ‘‘and that do not propose, recommend, or require the Fed11 eral agency or the applicant concerned, if any, to mitigate 

12 or offset such impact’’ after ‘‘minimize such impact’’. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS