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

<DOC>

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

                          [Report No. 118-879]

 To amend the Endangered Species Act of 1973 to optimize conservation 
 through resource prioritization, incentivize wildlife conservation on 
    private lands, provide for greater incentives to recover listed 
 species, create greater transparency and accountability in recovering 
       listed species, and limit reasonable and prudent measures.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 10, 2024

 Mr. Westerman (for himself, Mr. Newhouse, Mr. Bentz, Ms. Hageman, Mr. 
    Gosar, Mr. Stauber, Mr. Tiffany, and Mr. Duncan) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

                           December 16, 2024

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

                           December 16, 2024

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

_______________________________________________________________________

                                 A BILL

 
 To amend the Endangered Species Act of 1973 to optimize conservation 
 through resource prioritization, incentivize wildlife conservation on 
    private lands, provide for greater incentives to recover listed 
 species, create greater transparency and accountability in recovering 
       listed species, and limit reasonable and prudent measures.

 

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``ESA Amendments Act 
of 2024''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Endangered Species Act of 1973 definitions.
Sec. 3. Authorization of appropriations.
Sec. 4. Rule of construction.

    TITLE I--OPTIMIZING CONSERVATION THROUGH RESOURCE PRIORITIZATION

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

     TITLE II--INCENTIVIZING WILDLIFE CONSERVATION ON PRIVATE LANDS

Sec. 201. Candidate Conservation Agreements with Assurances.
Sec. 202. Designation of critical habitat.

 TITLE III--PROVIDING FOR GREATER INCENTIVES TO RECOVER LISTED SPECIES

Sec. 301. Protective regulations under Endangered Species Act of 1973.
Sec. 302. 5-year review determinations.
Sec. 303. Judicial review during monitoring period.
Sec. 304. Codification of regulation.

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

Sec. 401. Requirement to publish basis for listings on Internet.
Sec. 402. Decisional transparency and use of State, Tribal, and local 
                            information.
Sec. 403. Disclosure of expenditures under Endangered Species Act of 
                            1973.
Sec. 404. Award of litigation costs to prevailing parties in accordance 
                            with existing law.
Sec. 405. Analysis of impacts and benefits of determination of 
                            endangered or threatened status.

         TITLE V--LIMITATION ON REASONABLE AND PRUDENT MEASURES

Sec. 501. Limitation on reasonable and prudent measures.

SEC. 2. ENDANGERED SPECIES ACT OF 1973 DEFINITIONS.

    (a) Foreseeable Future.--The final rule titled ``Endangered and 
Threatened Wildlife and Plants; Regulations for Listing Species and 
Designating Critical Habitat'' (84 Fed. Reg. 45020; published August 
27, 2019) shall have the force and effect of law with respect to the 
use of the term ``foreseeable future''.
    (b) Habitat.--Section 3(5) of the Endangered Species Act of 1973 
(16 U.S.C. 1532(5)) is amended by adding at the end the following:
            ``(D) For the purposes of designating critical habitat 
        under this Act, the term `habitat' means the abiotic and biotic 
        setting that currently or periodically contains the resources 
        and conditions necessary to support 1 or more life processes of 
        a species.''.
    (c) Environmental Baseline.--Section 7(a) of the Endangered Species 
Act of 1973 (16 U.S.C. 1536(a)) is amended by adding at the end the 
following:
    ``(5) For the purposes of carrying out a consultation under this 
section with respect to a threatened species or an endangered species, 
the term `environmental baseline'--
            ``(A) means the condition of the species or the critical 
        habitat of the species in the action area, without the 
        consequences to the species or the critical habitat of the 
        species caused by the proposed action; and
            ``(B) includes--
                    ``(i) the past and present effects of all Federal, 
                State, and private actions and other human activities 
                in the action area;
                    ``(ii) the anticipated effects of each proposed 
                Federal project within the action area for which a 
                consultation under this section has been completed;
                    ``(iii) the effects of State and private actions 
                that are contemporaneous with the consultation in 
                process; and
                    ``(iv) the ongoing impacts to listed species or 
                designated critical habitat from existing facilities or 
                activities that are not caused by the proposed action 
                or that are not within the discretion of the Federal 
                action agency to modify.''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    Section 15 of the Endangered Species Act of 1973 (16 U.S.C. 1542) 
is amended--
            (1) in subsection (a)--
                    (A) by striking ``subsection (b), (c), and (d)'' 
                and inserting ``subsections (b) and (c)'';
                    (B) in paragraph (1)--
                            (i) by striking ``and'' after ``fiscal year 
                        1991,''; and
                            (ii) by inserting ``, and $302,025,000 for 
                        each of fiscal years 2025 through 2030'' after 
                        ``fiscal year 1992'';
                    (C) in paragraph (2)--
                            (i) by striking ``and'' after ``fiscal 
                        years 1989 and 1990,''; and
                            (ii) by inserting ``, and $116,630,000 for 
                        each of fiscal years 2025 through 2030'' after 
                        ``fiscal years 1991 and 1992''; and
                    (D) in paragraph (3)--
                            (i) by striking ``and'' after ``fiscal 
                        years 1989 and 1990,''; and
                            (ii) by inserting ``and $2,600,000 for each 
                        of fiscal years 2025 through 2030'' after 
                        ``fiscal years 1991 and 1992,'';
            (2) in subsection (b), by inserting ``and $600,000 for each 
        of fiscal years 2025 through 2030'' after ``1992''; and
            (3) in subsection (c)--
                    (A) by striking ``and'' after ``fiscal years 1988, 
                1989, and 1990,''; and
                    (B) by inserting ``and $9,900,000 for each of 
                fiscal years 2025 through 2030,'' after ``fiscal years 
                1991 and 1992,''.

SEC. 4. RULE OF CONSTRUCTION.

    Nothing in this Act or the amendments made by this Act may be 
construed to enlarge or diminish the authority, jurisdiction, or 
responsibility of a State (as that term is defined in section 3 of the 
Endangered Species Act of 1973 (16 U.S.C. 1532)) to manage, control, or 
regulate fish and wildlife on lands and waters, including Federal lands 
and waters, within the State.

    TITLE I--OPTIMIZING CONSERVATION THROUGH RESOURCE PRIORITIZATION

SECTION 101. PRIORITIZATION OF LISTING PETITIONS, REVIEWS, AND 
              DETERMINATIONS.

    (a) In General.--Section 4 of the Endangered Species Act of 1973 
(16 U.S.C. 1533) is amended by adding at the end the following:
    ``(j) National Listing Work Plan.--
            ``(1) In general.--Not later than the date described in 
        paragraph (2), the Secretary shall submit to Congress a 
        national listing work plan that establishes, for each covered 
        species, a schedule for the completion during the 5-fiscal year 
        period beginning on October 1 of the first fiscal year after 
        the date of the submission of the work plan of--
                    ``(A) findings as described in subsection (b)(3)(B) 
                for each such covered species;
                    ``(B) proposed and final determinations regarding 
                listing each such covered species under this section; 
                and
                    ``(C) proposed and final critical habitat 
                designations under subsection (a)(3) relating to each 
                such covered species.
            ``(2) Submission to congress.--
                    ``(A) In general.--The Secretary shall submit to 
                Congress--
                            ``(i) together with the budget request of 
                        the Secretary for the first fiscal year that 
                        begins not less than 365 days after the date of 
                        the enactment of this subsection, the initial 
                        work plan required under paragraph (1); and
                            ``(ii) together with the budget request of 
                        the Secretary for each fiscal year thereafter, 
                        an updated work plan under paragraph (1).
                    ``(B) Additional inclusions.--The Secretary shall 
                include with each budget request referred to in 
                subparagraph (A) a description of the amounts to be 
                requested to carry out the work plan for the fiscal 
                year covered by the budget request, including any 
                amounts requested to address emergency listings if the 
                Secretary identifies any emergency posing a significant 
                risk to the well-being of any species of fish or 
                wildlife or plant.
            ``(3) Priority.--
                    ``(A) In general.--In developing a work plan under 
                this subsection, the Secretary shall assign to each 
                species included in the work plan a priority 
                classification of Priority 1 through Priority 5, such 
                that, as determined by the Secretary, the following 
                apply:
                            ``(i) Priority 1 represents species of the 
                        highest priority, to be designated as 
                        critically imperiled and in need of immediate 
                        action.
                            ``(ii) Priority 2 represents species with 
                        respect to which the best scientific and 
                        commercial data available support a clear 
                        decision regarding the status of the species.
                            ``(iii) Priority 3 represents species with 
                        respect to which studies regarding the status 
                        of the species are being carried out--
                                    ``(I) to answer key questions that 
                                may influence the findings of a 
                                petition to list the species submitted 
                                under subsection (b)(3); and
                                    ``(II) to resolve any uncertainty 
                                regarding the status of the species 
                                within a reasonable timeframe.
                            ``(iv) Priority 4 represents species for 
                        which proactive conservation efforts likely to 
                        reduce threats to the species are being 
                        developed or carried out, within a reasonable 
                        timeframe and in an organized manner, by 
                        Federal agencies, States, landowners, or other 
                        stakeholders.
                            ``(v) Priority 5 represents species--
                                    ``(I) for which there exists little 
                                information regarding--
                                            ``(aa) threats to the 
                                        species; or
                                            ``(bb) the status of the 
                                        species; or
                                    ``(II) that would receive limited 
                                conservation benefit in the foreseeable 
                                future by listing the species as a 
                                threatened species or endangered 
                                species under this section.
                    ``(B) Use of methodology.--The Secretary shall 
                establish and assign priority classifications under 
                subparagraph (A) in accordance with the notice of the 
                Director of the United States Fish and Wildlife Service 
                titled `Methodology for Prioritizing Status Reviews and 
                Accompanying 12-Month Findings on Petitions for Listing 
                Under the Endangered Species Act' (81 Fed. Reg. 49248; 
                published July 27, 2016).
                    ``(C) Extensions for certain priority 
                classifications.--
                            ``(i) Priority 3.--With respect to a 
                        species classified as Priority 3 under 
                        subparagraph (A)(iii), if the Secretary 
                        determines that additional time would allow for 
                        more complete data collection or the completion 
                        of studies relating to the species, the 
                        Secretary may retain the species under the work 
                        plan for a period of not more than 5 years 
                        after the deadline under paragraph (4).
                            ``(ii) Priority 4.--With respect to a 
                        species classified as Priority 4 under 
                        subparagraph (A)(iv), if the Secretary 
                        determines that existing conservation efforts 
                        continue to meet the conservation needs of the 
                        species, the Secretary may retain the species 
                        under the work plan for a period of not more 
                        than 5 years after the deadline under paragraph 
                        (4).
                            ``(iii) Priority 5.--With respect to a 
                        species classified as Priority 5 under 
                        subparagraph (A)(v), the Secretary may retain 
                        the species under the work plan for a period of 
                        not more than 5 years after the deadline under 
                        paragraph (4).
                    ``(D) Revision of priority classification.--The 
                Secretary may revise, in accordance with subparagraph 
                (A), the assignment to a priority classification of a 
                species included in a work plan at any time during the 
                fiscal years to which the work plan applies.
                    ``(E) Effect of priority classification.--The 
                assignment of a priority classification to a species 
                included in a work plan is not a final agency action.
            ``(4) Deadline.--The Secretary shall act on any petition to 
        add a species to a list published under subsection (c) 
        submitted under subsection (b)(3) not later than the last day 
        of the fiscal year specified for that petition in the most 
        recent work plan.
            ``(5) Regulations.--The Secretary may issue such 
        regulations as the Secretary determines appropriate to carry 
        out this subsection.
            ``(6) Effect of subsection.--Nothing in this subsection may 
        be construed to preclude or otherwise affect the emergency 
        listing authority of the Secretary under subsection (b)(7).
            ``(7) Definitions.--In this subsection:
                    ``(A) Covered species.--The term `covered species' 
                means a species that is not included on a list 
                published under subsection (c)--
                            ``(i) for which a petition to add the 
                        species to such a list has been submitted under 
                        subsection (b)(3); or
                            ``(ii) that is otherwise under 
                        consideration by the Secretary for addition to 
                        such a list.
                    ``(B) Work plan.--The term `work plan' means the 
                national listing work plan submitted by the Secretary 
                under paragraph (1).''.
    (b) Conforming Amendments.--Section 4(b)(3) of the Endangered 
Species Act of 1973 (16 U.S.C. 1533(b)(3)) is amended--
            (1) in subparagraph (B), by striking ``Within 12 months'' 
        and inserting ``In accordance with the national listing work 
        plan submitted under subsection (j),''; and
            (2) in subparagraph (C), to read as follows:
                    ``(C) Judicial review.--Any negative finding 
                described in subparagraph (A) and any finding described 
                in subparagraph (B)(i)(I) shall be subject to judicial 
                review.''.

     TITLE II--INCENTIVIZING WILDLIFE CONSERVATION ON PRIVATE LANDS

SECTION 201. CANDIDATE CONSERVATION AGREEMENTS WITH ASSURANCES.

    (a) Listing Determinations.--Section 4(b)(1) of the Endangered 
Species Act of 1973 (16 U.S.C. 1533(b)(1)) is amended by adding at the 
end the following:
                    ``(C) Candidate conservation agreements with 
                assurances.--In making a determination under subsection 
                (a)(1) with respect to a species, the Secretary shall 
                take into account and document the effect of any net 
                conservation benefit (as that term is defined in 
                subsection (k) of section 10) of any Candidate 
                Conservation Agreement with Assurances or any 
                programmatic Candidate Conservation Agreement with 
                Assurances (as those terms are defined in that 
                subsection) relating to such species.''.
    (b) Candidate Conservation Agreements With Assurances.--Section 10 
of the Endangered Species Act of 1973 (16 U.S.C. 1539) is amended by 
adding at the end the following:
    ``(k) Candidate Conservation Agreements With Assurances.--
            ``(1) Proposed agreement.--A covered party may submit a 
        proposed Agreement to the Secretary.
            ``(2) Approval.--Not later than 120 days after the date of 
        the receipt of a proposed Agreement under paragraph (1), the 
        Secretary shall approve the proposed Agreement if the Secretary 
        determines that the proposed Agreement--
                    ``(A) sets forth specific management activities 
                that the covered party will undertake to conserve the 
                covered species;
                    ``(B) provides a positive estimate of the net 
                conservation benefit of such management activities to 
                the covered species;
                    ``(C) describes, to the maximum extent practicable, 
                the existing population levels of the covered species 
                or the existing quality of habitat;
                    ``(D) includes a monitoring plan to be carried out 
                by the parties to the Agreement; and
                    ``(E) provides assurances to the covered party that 
                no additional conservation measures will be required 
                and additional land, water, or resource use 
                restrictions will not be imposed on the covered party 
                if the covered species becomes listed after the 
                effective date of such Agreement.
            ``(3) Denial.--Not later than 120 days after the date of 
        the receipt of a proposed Agreement under paragraph (1), the 
        Secretary shall--
                    ``(A) deny the proposed Agreement if the Secretary 
                determines that the proposed Agreement does not meet 
                the requirements described in paragraph (2); and
                    ``(B) provide the submitting covered party a 
                written explanation for such determination and the 
                adjustments required for the Secretary to approve such 
                proposed Agreement.
            ``(4) Programmatic candidate conservation agreement with 
        assurances.--
                    ``(A) In general.--The Secretary may enter into a 
                Candidate Conservation Agreement with Assurances with a 
                covered party that authorizes such covered party--
                            ``(i) to administer such Candidate 
                        Conservation Agreement with Assurances;
                            ``(ii) to hold any permit issued under this 
                        section with regard to such Candidate 
                        Conservation Agreement with Assurances;
                            ``(iii) to enroll other covered parties 
                        within the area covered by such Candidate 
                        Conservation Agreement with Assurances in such 
                        Candidate Conservation Agreement with 
                        Assurances; and
                            ``(iv) to convey any permit authorization 
                        held by such covered party under clause (ii) to 
                        each covered party enrolled under clause (iii).
                    ``(B) Publication.--Upon receipt of a proposed 
                programmatic Candidate Conservation Agreement with 
                Assurances under paragraph (1) and before approving or 
                denying such a proposed programmatic Candidate 
                Conservation Agreement with Assurances under paragraph 
                (2) or (3), respectively, the Secretary shall--
                            ``(i) not later than 30 days after the date 
                        of such receipt, publish the proposed 
                        programmatic Candidate Conservation Agreement 
                        with Assurances in the Federal Register for 
                        public comment for a period of not less than 60 
                        days;
                            ``(ii) review any comments received under 
                        clause (i); and
                            ``(iii) after the close of the public 
                        comment period for the proposed programmatic 
                        Candidate Conservation Agreement with 
                        Assurances, publish in the Federal Register--
                                    ``(I) any comments received under 
                                clause (i); and
                                    ``(II) the approval or denial of 
                                the proposed programmatic Candidate 
                                Conservation Agreement with Assurances 
                                under paragraph (2) or (3), 
                                respectively.
            ``(5) Incidental take authorization.--If a covered species 
        is listed under section 4, the Secretary shall issue a permit 
        to the relevant covered party under this section allowing 
        incidental take of and modification to the habitat of such 
        covered species consistent with the Agreement.
            ``(6) Technical assistance.--The Secretary shall, upon 
        request, provide a covered party with technical assistance in 
        developing a proposed Agreement.
            ``(7) Applicability to federal land.--An Agreement may 
        apply to a covered party that conducts activities on land 
        administered by any Federal agency pursuant to a permit or 
        lease issued to the covered party by that Federal agency.
            ``(8) Exemption from consultation requirement.--An 
        Agreement approved under this subsection shall be deemed to 
        have been granted an exemption under section 7(h) for the 
        purposes of that section.
            ``(9) Exemption from disclosure.--Information submitted by 
        a private party to the Secretary under this subsection shall be 
        exempt from disclosure under section 552(b)(3)(B) of title 5, 
        United States Code.
            ``(10) Definitions.--In this subsection:
                    ``(A) Agreement.--The term `Agreement' means--
                            ``(i) a Candidate Conservation Agreement 
                        with Assurances; or
                            ``(ii) a programmatic Candidate 
                        Conservation Agreement with Assurances.
                    ``(B) Candidate conservation agreement with 
                assurances.--The term `Candidate Conservation Agreement 
                with Assurances' means any voluntary agreement, 
                including a conservation benefit agreement, between the 
                Secretary and a covered party in which--
                            ``(i) the covered party commits to 
                        implementing mutually agreed upon conservation 
                        measures for a candidate species; and
                            ``(ii) the Secretary provides assurances 
                        that, if such candidate species is listed 
                        pursuant to section 4--
                                    ``(I) the covered party shall incur 
                                no additional obligations beyond 
                                actions agreed to in the agreement with 
                                respect to conservation activities 
                                required under this Act; and
                                    ``(II) no additional land, water, 
                                or resource use restrictions shall be 
                                imposed on the covered party beyond 
                                those included in the agreement.
                    ``(C) Candidate species.--The term `candidate 
                species' means a species--
                            ``(i) designated by the Secretary as a 
                        candidate species under this Act; or
                            ``(ii) proposed to be listed pursuant to 
                        section 4.
                    ``(D) Covered party.--The term `covered party' 
                means a--
                            ``(i) party that conducts activities on 
                        land administered by a Federal agency pursuant 
                        to a permit or lease issued to the party;
                            ``(ii) private property owner;
                            ``(iii) county;
                            ``(iv) State or State agency; or
                            ``(v) Tribal government.
                    ``(E) Covered species.--The term `covered species' 
                means, with respect to an Agreement, the species that 
                is the subject of such Agreement.
                    ``(F) Net conservation benefit.--The term `net 
                conservation benefit' means the net effect of an 
                Agreement, determined by comparing the existing 
                situation of the candidate species without the 
                Agreement in effect and a situation in which the 
                Agreement is in effect, on a candidate species, 
                including--
                            ``(i) the net effect on threats to such 
                        species;
                            ``(ii) the net effect on the number of 
                        individuals of such species; or
                            ``(iii) the net effect on the habitat of 
                        such species.
                    ``(G) Programmatic candidate conservation agreement 
                with assurances.--The term `programmatic Candidate 
                Conservation Agreement with Assurances' means a 
                Candidate Conservation Agreement with Assurances 
                described in paragraph (4)(A).''.

SEC. 202. DESIGNATION OF CRITICAL HABITAT.

    (a) Privately Owned or Controlled Land.--Section 4(a)(3) of the 
Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is amended by 
adding at the end the following:
                    ``(C) Privately owned or controlled land.--The 
                Secretary may not designate as critical habitat under 
                subparagraph (A) any privately owned or controlled land 
                or other geographical area that is subject to a land 
                management plan that--
                            ``(i) the Secretary determines is similar 
                        in nature to an integrated natural resources 
                        management plan described in section 101 of the 
                        Sikes Act (16 U.S.C. 670a);
                            ``(ii)(I) is prepared in cooperation with 
                        the Secretary and the head of each applicable 
                        State fish and wildlife agency of each State in 
                        which such land or other geographical area is 
                        located; or
                            ``(II) is submitted to the Secretary in a 
                        manner that is similar to the manner in which 
                        an applicant submits a conservation plan to the 
                        Secretary under section 10(a)(2)(A);
                            ``(iii) includes an activity or a 
                        limitation on an activity that the Secretary 
                        determines will likely conserve the species 
                        concerned;
                            ``(iv) the Secretary determines will result 
                        in--
                                    ``(I) an increase in the population 
                                of the species concerned above the 
                                population of such species on the date 
                                that such species is listed as a 
                                threatened species or an endangered 
                                species; or
                                    ``(II) maintaining the same 
                                population of such species on the land 
                                or other geographical area as the 
                                population that would likely occur if 
                                such land or other geographical area is 
                                designated as critical habitat; and
                            ``(v) to the maximum extent practicable, 
                        will minimize and mitigate the impacts of any 
                        activity that will likely result in an 
                        incidental taking of the species concerned.''.
    (b) Designation Considerations.--Section 4(b)(2) of the Endangered 
Species Act of 1973 (16 U.S.C. 1533(b)(2)) is amended in the first 
sentence by inserting ``the impact on existing efforts of private 
landowners to conserve the species,'' after ``impact on national 
security,''.

 TITLE III--PROVIDING FOR GREATER INCENTIVES TO RECOVER LISTED SPECIES

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

    (a) Amendment to Definition.--Section 3(3) of the Endangered 
Species Act of 1973 (16 U.S.C. 1532(3)) is amended by striking ``and 
transplantation, and, in the extraordinary case where population 
pressures within a given ecosystem cannot be otherwise relieved, may 
include'' and inserting ``transplantation, and, at the discretion of 
the Secretary,''.
    (b) Protective Regulations.--Section 4 of the Endangered Species 
Act of 1973 (16 U.S.C. 1533) is amended--
            (1) in subsection (d), to read as follows:
    ``(d) Protective Regulations.--
            ``(1) In general.--Whenever any species is listed as a 
        threatened species pursuant to subsection (c), the Secretary 
        shall issue such regulations as are necessary and advisable to 
        provide for the conservation of that species.
            ``(2) Recovery goals.--If the Secretary issues a regulation 
        under paragraph (1) that prohibits an act described in section 
        9(a), the Secretary shall, with respect to the species that is 
        the subject of such regulation--
                    ``(A) establish objective, incremental recovery 
                goals;
                    ``(B) provide for the stringency of such regulation 
                to decrease as such recovery goals are met; and
                    ``(C) provide for State management within such 
                State, if such State is willing to take on such 
                management, beginning on the date on which the 
                Secretary determines all such recovery goals are met 
                and, if such recovery goals remain met, continuing 
                until such species is removed from the list of 
                threatened species published pursuant to subsection 
                (c).
            ``(3) Cooperative agreement.--A regulation issued under 
        paragraph (1) that prohibits an act described in section 9(a) 
        with respect to a resident species shall apply with respect to 
        a State that has entered into a cooperative agreement with the 
        Secretary pursuant to section 6(c) only to the extent that such 
        regulation is adopted by such State.
            ``(4) State recovery strategy.--
                    ``(A) In general.--A State may develop a recovery 
                strategy for a threatened species or a candidate 
                species and submit to the Secretary a petition for the 
                Secretary to use such recovery strategy as the basis 
                for any regulation issued under paragraph (1) with 
                respect to such species within such State.
                    ``(B) Approval or denial of petition.--Not later 
                than 120 days after the date on which the Secretary 
                receives a petition submitted under subparagraph (A), 
                the Secretary shall--
                            ``(i) approve such petition if the 
                        Secretary determines the recovery strategy is 
                        reasonably certain to be implemented by the 
                        petitioning State and to be effective in 
                        conserving the species that is the subject of 
                        such recovery strategy; or
                            ``(ii) deny such petition if the 
                        requirements described in clause (i) are not 
                        met.
                    ``(C) Publication.--Not later than 30 days after 
                the date on which the Secretary approves or denies a 
                petition under subparagraph (B), the Secretary shall 
                publish such approval or denial in the Federal 
                Register.
                    ``(D) Denial of petition.--
                            ``(i) Written explanation.--If the 
                        Secretary denies a petition under subparagraph 
                        (B), the Secretary shall include in such denial 
                        a written explanation for such denial, 
                        including a description of the changes to such 
                        petition that are necessary for the Secretary 
                        to approve such petition.
                            ``(ii) Resubmission of denied petition.--A 
                        State may resubmit a petition that is denied 
                        under subparagraph (B).
                    ``(E) Use in protective regulations.--If the 
                Secretary approves a petition under subparagraph (B), 
                the Secretary shall--
                            ``(i) issue a regulation under paragraph 
                        (1) that adopts the recovery strategy as such 
                        regulation with respect to the species that is 
                        the subject of such recovery strategy within 
                        the petitioning State; and
                            ``(ii) establish objective criteria to 
                        evaluate the effectiveness of such recovery 
                        strategy in conserving such species within such 
                        State.
                    ``(F) Revision.--If a recovery strategy that is 
                adopted as a regulation issued under paragraph (1) is 
                determined by the Secretary to be ineffective in 
                conserving the species that is the subject of such 
                recovery strategy in accordance with the objective 
                criteria established under subparagraph (E)(ii) for 
                such recovery strategy, the Secretary shall revise such 
                regulation and reissue such regulation in accordance 
                with paragraph (1).''; and
            (2) in subsection (f)(1)(B)--
                    (A) in clause (ii), by striking ``and'' at the end;
                    (B) in clause (iii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(iv) with respect to an endangered species, 
                objective, incremental recovery goals in accordance 
                with subsection (d)(2)(A) for use under that subsection 
                if such endangered species is changed in status from an 
                endangered species to a threatened species under 
                subsection (c)(2)(B)(ii).''.

SEC. 302. 5-YEAR REVIEW DETERMINATIONS.

    Section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(c)) is amended by adding at the end the following:
    ``(3) Not later than 30 days after the date on which the Secretary 
makes a determination under paragraph (2)(B), the Secretary shall 
initiate a rulemaking to carry out such determination.''.

SEC. 303. JUDICIAL REVIEW DURING MONITORING PERIOD.

    Section 4(g) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(g)) is amended by adding at the end the following:
    ``(3) The removal of a species from a list published under 
subsection (c)(1) is not subject to judicial review during the period 
established under paragraph (1) with respect to the species.''.

SEC. 304. CODIFICATION OF REGULATION.

    The final rule titled ``Endangered and Threatened Wildlife and 
Plants; Regulations for Prohibitions to Threatened Wildlife and 
Plants'' (84 Fed. Reg. 44753; published August 27, 2019) shall have the 
force and effect of law.

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

SECTION 401. REQUIREMENT TO PUBLISH BASIS FOR LISTINGS ON INTERNET.

    Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(b)) is amended by adding at the end the following:
    ``(9) The Secretary shall make publicly available on the Internet 
the best scientific and commercial data available that are used as the 
basis for each regulation, including each proposed regulation, 
promulgated under subsection (a)(1), except that--
            ``(A) at the request of a Governor, State agency, or 
        legislature of a State, the Secretary may not make such data 
        available under this paragraph if such entity determines that 
        public disclosure of such data is prohibited by a law or 
        regulation of such State, including any law or regulation 
        requiring the protection of personal information; and
            ``(B) not later than 30 days after the date of the 
        enactment of this paragraph, the Secretary shall execute an 
        agreement with the Secretary of Defense that prevents the 
        disclosure of classified information pertaining to Department 
        of Defense personnel, facilities, lands, or waters.''.

SEC. 402. DECISIONAL TRANSPARENCY AND USE OF STATE, TRIBAL, AND LOCAL 
              INFORMATION.

    (a) Requiring Decisional Transparency With Affected States.--
Section 6(a) of the Endangered Species Act of 1973 (16 U.S.C. 1535(a)) 
is amended--
            (1) by inserting ``(1)'' before the first sentence; and
            (2) by striking ``Such cooperation shall include'' and 
        inserting the following:
    ``(2) Such cooperation shall include--
            ``(A) before making a determination under section 4(a), 
        providing to States affected by such determination all data 
        that is the basis of the determination; and
            ``(B)''.
    (b) Ensuring Use of State, Tribal, and Local Information.--
            (1) In general.--Section 3 of the Endangered Species Act of 
        1973 (16 U.S.C. 1532) is amended--
                    (A) by redesignating paragraphs (2) through (10) as 
                paragraphs (3) through (11), respectively; and
                    (B) by inserting after paragraph (1) the following:
    ``(2) The term `best scientific and commercial data available' 
includes data submitted to the Secretary by a State, Tribal, or county 
government.''.
            (2) Conforming amendment.--Section 7(n) of the Endangered 
        Species Act of 1973 (16 U.S.C. 1536(n)) is amended by striking 
        ``section 3(13)'' and inserting ``section 3(14)''.

SEC. 403. DISCLOSURE OF EXPENDITURES UNDER ENDANGERED SPECIES ACT OF 
              1973.

    (a) Requirement To Disclose.--Section 13 of the Endangered Species 
Act of 1973 (87 Stat. 902) is amended to read as follows:

``SEC. 13. DISCLOSURE OF EXPENDITURES.

    ``(a) Requirement.--The Secretary of the Interior, in consultation 
with the Secretary of Commerce, shall--
            ``(1) not later than 90 days after the end of each fiscal 
        year, submit to the Committee on Natural Resources of the House 
        of Representatives and the Committee on Environment and Public 
        Works of the Senate an annual report detailing Federal 
        Government expenditures for covered suits during the preceding 
        fiscal year (including the information described in subsection 
        (b)); and
            ``(2) make publicly available through the Internet a 
        searchable database, updated monthly, of the information 
        described in subsection (b).
    ``(b) Included Information.--The report shall include--
            ``(1) the case name and number of each covered suit, and, 
        with respect to each such covered suit, a hyperlink to each 
        settlement decision, final decision, consent decree, 
        stipulation of dismissal, release, interim decision, motion to 
        dismiss, partial motion for summary judgement, or related final 
        document;
            ``(2) a description of each claim or cause of action in 
        each covered suit;
            ``(3) the name of each covered agency the actions of which 
        give rise to any claim in a covered suit and each plaintiff in 
        such suit;
            ``(4) funds expended by each covered agency (disaggregated 
        by agency account) to receive and respond to notices referred 
        to in section 11(g)(2) or to prepare for litigation of, 
        litigate, negotiate a settlement agreement or consent decree 
        in, or provide material, technical, or other assistance in 
        relation to, a covered suit;
            ``(5) the number of full-time equivalent employees that 
        participated in the activities described in paragraph (4);
            ``(6) any information required to be published under 
        section 1304 of title 31, United States Code, with respect to a 
        covered suit; and
            ``(7) attorneys fees and other expenses (disaggregated by 
        agency account) awarded in covered suits, including any consent 
        decrees or settlement agreements (regardless of whether a 
        decree or settlement agreement is sealed or otherwise subject 
        to nondisclosure provisions), including the basis for such 
        awards.
    ``(c) Requirement To Provide Information.--The head of each covered 
agency shall provide to the Secretary in a timely manner all 
information requested by the Secretary to comply with the requirements 
of this section.
    ``(d) Limitation on Disclosure.--Notwithstanding any other 
provision of this section, this section shall not affect any 
restriction in a consent decree or settlement agreement on the 
disclosure of information that is not described in subsection (b).
    ``(e) Definitions.--In this section:
            ``(1) Covered agency.--The term `covered agency' means any 
        agency of the--
                    ``(A) Department of the Interior;
                    ``(B) Forest Service;
                    ``(C) Environmental Protection Agency;
                    ``(D) National Marine Fisheries Service;
                    ``(E) Bonneville Power Administration;
                    ``(F) Western Area Power Administration;
                    ``(G) Southwestern Power Administration; or
                    ``(H) Southeastern Power Administration.
            ``(2) Covered suit.--The term `covered suit' means--
                    ``(A) any civil action containing any claim arising 
                under this Act against the Federal Government and based 
                on the action of a covered agency; and
                    ``(B) any administrative proceeding under which the 
                United States awards fees and other expenses to a third 
                party under section 504 of title 5, United States 
                Code.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of the Endangered Species Act of 1973 (16 U.S.C. 1531 note) is amended 
by striking the item relating to section 13 and inserting the 
following:

``Sec. 13. Disclosure of expenditures.''.

SEC. 404. AWARD OF LITIGATION COSTS TO PREVAILING PARTIES IN ACCORDANCE 
              WITH EXISTING LAW.

    Section 11(g)(4) of the Endangered Species Act of 1973 (16 U.S.C. 
1540(g)(4)) is amended by striking ``to any party, whenever the court 
determines such award is appropriate'' and inserting ``in accordance 
with section 2412 of title 28, United States Code and section 504 of 
title 5, United States Code''.

SEC. 405. ANALYSIS OF IMPACTS AND BENEFITS OF DETERMINATION OF 
              ENDANGERED OR THREATENED STATUS.

    Section 4(a) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(a)) is amended by adding at the end the following:
    ``(4) Analysis of Effects of Determination.--
            ``(A) In general.--The Secretary shall, concurrently with 
        making a determination under paragraph (1) that a species is a 
        threatened species or an endangered species, prepare an 
        analysis with respect to such determination of--
                    ``(i) the economic effect;
                    ``(ii) the effects on national security; and
                    ``(iii) any other relevant effect.
            ``(B) Effect.--Nothing in this paragraph shall delay a 
        determination made by the Secretary under paragraph (1) or 
        change the criteria used by the Secretary to make such a 
        determination.''.

         TITLE V--LIMITATION ON REASONABLE AND PRUDENT MEASURES

SECTION 501. LIMITATION ON REASONABLE AND PRUDENT MEASURES.

    Section 7(b)(4) of the Endangered Species Act of 1973 (16 U.S.C. 
1536(b)(4)) is amended by inserting ``and that do not propose, 
recommend, or require the Federal agency or the applicant concerned, if 
any, to mitigate or offset such impact'' after ``minimize such 
impact''.
                                                 Union Calendar No. 717

118th CONGRESS

  2d Session

                               H. R. 9533

                          [Report No. 118-879]

_______________________________________________________________________

                                 A BILL

 To amend the Endangered Species Act of 1973 to optimize conservation 
 through resource prioritization, incentivize wildlife conservation on 
    private lands, provide for greater incentives to recover listed 
 species, create greater transparency and accountability in recovering 
       listed species, and limit reasonable and prudent measures.

_______________________________________________________________________

                           December 16, 2024

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