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 Re-
sources 
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 trans-
parency and accountability in recovering listed species, 
and limit reasonable and prudent measures. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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(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 the internet. 
Sec. 402. Decisional transparency and use of State, Tribal, and local informa-
tion. 
Sec. 403. Disclosure of expenditures under Endangered Species Act of 1973. 
Sec. 404. Award of litigation costs to prevailing parties in accordance with ex-
isting 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; Regu-
lations for Listing Species and Designating Critical Habi-
tat’’ (84 Fed. Reg. 45020; published August 27, 2019) 
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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 Spe-
cies Act of 1973 (16 U.S.C. 1532(5)) is amended by add-
ing 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 periodi-
cally 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 base-
line’— 
‘‘(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 crit-
ical habitat of the species caused by the proposed ac-
tion; and 
‘‘(B) includes— 
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‘‘(i) the past and present effects of all Fed-
eral, State, and private actions and other 
human activities in the action area; 
‘‘(ii) the anticipated effects of each pro-
posed Federal project within the action area for 
which a consultation under this section has 
been completed; 
‘‘(iii) the effects of State and private ac-
tions that are contemporaneous with the con-
sultation in process; and 
‘‘(iv) the ongoing impacts to listed species 
or designated critical habitat from existing fa-
cilities or activities that are not caused by the 
proposed action or that are not within the dis-
cretion of the Federal action agency to mod-
ify.’’. 
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 
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(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 ‘‘fis-
cal years 1991 and 1992,’’. 
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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 
CON-
SERVATION 
THROUGH 
RE-
SOURCE PRIORITIZATION 
SECTION 101. PRIORITIZATION OF LISTING PETITIONS, RE-
VIEWS, AND DETERMINATIONS. 
(a) IN GENERAL.—Section 4 of the Endangered Spe-
cies 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 de-
scribed in paragraph (2), the Secretary shall submit 
to Congress a national listing work plan that estab-
lishes, 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; 
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‘‘(B) proposed and final determinations re-
garding 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 sub-
section, the initial work plan required 
under paragraph (1); and 
‘‘(ii) together with the budget request 
of the Secretary for each fiscal year there-
after, an updated work plan under para-
graph (1). 
‘‘(B) ADDITIONAL INCLUSIONS.—The Sec-
retary 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 re-
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quested to address emergency listings if the 
Secretary identifies any emergency posing a sig-
nificant 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 Sec-
retary, the following apply: 
‘‘(i) Priority 1 represents species of 
the highest priority, to be designated as 
critically imperiled and in need of imme-
diate 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 spe-
cies. 
‘‘(iii) Priority 3 represents species 
with respect to which studies regarding the 
status of the species are being carried 
out— 
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‘‘(I) to answer key questions that 
may influence the findings of a peti-
tion 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 reason-
able timeframe and in an organized man-
ner, by Federal agencies, States, land-
owners, 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 spe-
cies; or 
‘‘(II) that would receive limited 
conservation benefit in the foreseeable 
future by listing the species as a 
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threatened species or endangered spe-
cies under this section. 
‘‘(B) USE OF METHODOLOGY.—The Sec-
retary shall establish and assign priority classi-
fications under subparagraph (A) in accordance 
with the notice of the Director of the United 
States Fish and Wildlife Service titled ‘Method-
ology for Prioritizing Status Reviews and Ac-
companying 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 sub-
paragraph (A)(iii), if the Secretary deter-
mines that additional time would allow for 
more complete data collection or the com-
pletion 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 para-
graph (4). 
‘‘(ii) PRIORITY 4.—With respect to a 
species classified as Priority 4 under sub-
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paragraph (A)(iv), if the Secretary deter-
mines 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 sub-
paragraph (A)(v), the Secretary may retain 
the species under the work plan for a pe-
riod of not more than 5 years after the 
deadline under paragraph (4). 
‘‘(D) REVISION OF PRIORITY CLASSIFICA-
TION.—The Secretary may revise, in accordance 
with subparagraph (A), the assignment to a pri-
ority 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
CLASSIFICA-
TION.—The assignment of a priority classifica-
tion 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 
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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 appro-
priate to carry out this subsection. 
‘‘(6) EFFECT OF SUBSECTION.—Nothing in this 
subsection may be construed to preclude or other-
wise affect the emergency listing authority of the 
Secretary under subsection (b)(7). 
‘‘(7) DEFINITIONS.—In this subsection: 
‘‘(A) COVERED SPECIES.—The term ‘cov-
ered species’ means a species that is not in-
cluded 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 consider-
ation 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).’’. 
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(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 sub-
section (j),’’; and 
(2) in subparagraph (C), to read as follows: 
‘‘(C) JUDICIAL REVIEW.—Any negative finding 
described in subparagraph (A) and any finding de-
scribed in subparagraph (B)(i)(I) shall be subject to 
judicial review.’’. 
TITLE II—INCENTIVIZING WILD-
LIFE CONSERVATION ON PRI-
VATE 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 fol-
lowing: 
‘‘(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 
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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 Agree-
ment 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 Agree-
ment under paragraph (1), the Secretary shall ap-
prove the proposed Agreement if the Secretary de-
termines that the proposed Agreement— 
‘‘(A) sets forth specific management activi-
ties that the covered party will undertake to 
conserve the covered species; 
‘‘(B) provides a positive estimate of the net 
conservation benefit of such management activi-
ties to the covered species; 
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‘‘(C) describes, to the maximum extent 
practicable, the existing population levels of the 
covered species or the existing quality of habi-
tat; 
‘‘(D) includes a monitoring plan to be car-
ried 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 Agree-
ment. 
‘‘(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 Agree-
ment 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. 
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‘‘(4) PROGRAMMATIC
CANDIDATE
CONSERVA-
TION AGREEMENT WITH ASSURANCES.— 
‘‘(A) IN
GENERAL.—The Secretary may 
enter into a Candidate Conservation Agreement 
with Assurances with a covered party that au-
thorizes 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 authoriza-
tion 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 pro-
posed programmatic Candidate Conservation 
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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 com-
ment 
period 
for 
the 
proposed 
pro-
grammatic Candidate Conservation Agree-
ment with Assurances, publish in the Fed-
eral Register— 
‘‘(I) 
any 
comments 
received 
under clause (i); and 
‘‘(II) the approval or denial of 
the proposed programmatic Candidate 
Conservation Agreement with Assur-
ances under paragraph (2) or (3), re-
spectively. 
‘‘(5) INCIDENTAL TAKE AUTHORIZATION.—If a 
covered species is listed under section 4, the Sec-
retary shall issue a permit to the relevant covered 
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party under this section allowing incidental take of 
and modification to the habitat of such covered spe-
cies consistent with the Agreement. 
‘‘(6) TECHNICAL ASSISTANCE.—The Secretary 
shall, upon request, provide a covered party with 
technical assistance in developing a proposed Agree-
ment. 
‘‘(7) APPLICABILITY TO FEDERAL LAND.—An 
Agreement may apply to a covered party that con-
ducts 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
RE-
QUIREMENT.—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.—Infor-
mation submitted by a private party to the Secretary 
under this subsection shall be exempt from disclo-
sure under section 552(b)(3)(B) of title 5, United 
States Code. 
‘‘(10) DEFINITIONS.—In this subsection: 
‘‘(A) AGREEMENT.—The term ‘Agreement’ 
means— 
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‘‘(i) a Candidate Conservation Agree-
ment with Assurances; or 
‘‘(ii) a programmatic Candidate Con-
servation Agreement with Assurances. 
‘‘(B) CANDIDATE CONSERVATION AGREE-
MENT
WITH
ASSURANCES.—The term ‘Can-
didate Conservation Agreement with Assur-
ances’ means any voluntary agreement, includ-
ing a conservation benefit agreement, between 
the Secretary and a covered party in which— 
‘‘(i) the covered party commits to im-
plementing mutually agreed upon conserva-
tion measures for a candidate species; and 
‘‘(ii) the Secretary provides assur-
ances that, if such candidate species is list-
ed pursuant to section 4— 
‘‘(I) the covered party shall incur 
no additional obligations beyond ac-
tions agreed to in the agreement with 
respect to conservation activities re-
quired 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. 
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‘‘(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 ‘cov-
ered species’ means, with respect to an Agree-
ment, 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 com-
paring the existing situation of the candidate 
species without the Agreement in effect and a 
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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
CON-
SERVATION AGREEMENT WITH ASSURANCES.— 
The term ‘programmatic Candidate Conserva-
tion Agreement with Assurances’ means a Can-
didate 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— 
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‘‘(i) the Secretary determines is similar in 
nature to an integrated natural resources man-
agement 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 spe-
cies is listed as a threatened species or an 
endangered species; or 
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‘‘(II) maintaining the same population 
of such species on the land or other geo-
graphical 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 secu-
rity,’’. 
TITLE 
III—PROVIDING 
FOR 
GREATER INCENTIVES TO RE-
COVER LISTED SPECIES 
SEC. 301. PROTECTIVE REGULATIONS UNDER ENDAN-
GERED 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 
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given ecosystem cannot be otherwise relieved, may in-
clude’’ and inserting ‘‘transplantation, and, at the discre-
tion 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 recov-
ery goals are met; and 
‘‘(C) provide for State management 
within such State, if such State is willing 
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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 regu-
lation issued under paragraph (1) that prohibits 
an act described in section 9(a)(1) 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 sec-
tion 6(c) only to the extent that such regulation 
is adopted by such State. 
‘‘(4) STATE RECOVERY STRATEGY.— 
‘‘(A) IN GENERAL.—A State may de-
velop a recovery strategy for a threatened 
species or a candidate species and submit 
to the Secretary a petition for the Sec-
retary to use such recovery strategy as the 
basis for any regulation issued under para-
graph (1) with respect to such species 
within such State. 
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‘‘(B) APPROVAL OR DENIAL OF PETI-
TION.—Not later than 120 days after the 
date on which the Secretary receives a pe-
tition submitted under subparagraph (A), 
the Secretary shall— 
‘‘(i) approve such petition if 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 re-
quirements described in clause (i) are 
not met. 
‘‘(C) PUBLICATION.—Not later than 
30 days after the date on which the Sec-
retary approves or denies a petition under 
subparagraph (B), the Secretary shall pub-
lish 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 expla-
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nation for such denial, including a de-
scription of the changes to such peti-
tion that are necessary for the Sec-
retary to approve such petition. 
‘‘(ii) RESUBMISSION OF DENIED 
PETITION.—A State may resubmit a 
petition that is denied under subpara-
graph (B). 
‘‘(E) USE
IN
PROTECTIVE
REGULA-
TIONS.—If the Secretary approves a peti-
tion under subparagraph (B), the Sec-
retary shall— 
‘‘(i) issue a regulation under 
paragraph (1) that adopts the recov-
ery strategy as such regulation with 
respect to the species that is the sub-
ject of such recovery strategy within 
the petitioning State; and 
‘‘(ii) establish objective criteria to 
evaluate the effectiveness of such re-
covery strategy in conserving such 
species within such State. 
‘‘(F) REVISION.—If a recovery strat-
egy that is adopted as a regulation issued 
under paragraph (1) is determined by the 
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Secretary to be ineffective in conserving 
the species that is the subject of such re-
covery strategy in accordance with the ob-
jective criteria established under subpara-
graph (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 spe-
cies, objective, incremental recovery goals in ac-
cordance with subsection (d)(2)(A) for use 
under that subsection if such endangered spe-
cies 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: 
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‘‘(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 rule-
making 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 pub-
lished under subsection (c)(1) is not subject to judi-
cial review during the period established under para-
graph (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. 
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TITLE IV—CREATING GREATER 
TRANSPARENCY 
AND 
AC-
COUNTABILITY 
IN 
RECOV-
ERING LISTED SPECIES 
SECTION 401. REQUIREMENT TO PUBLISH BASIS FOR LIST-
INGS ON THE 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 avail-
able that are used as the basis for each regulation, includ-
ing each proposed regulation, promulgated under sub-
section (a)(1), except that— 
‘‘(A) at the request of a Governor, State agen-
cy, 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 
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pertaining to Department of Defense personnel, fa-
cilities, 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 (21) as paragraphs (3) through (22), 
respectively; and 
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(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 ENDAN-
GERED SPECIES ACT OF 1973. 
(a) REQUIREMENT TO DISCLOSE.—Section 13 of the 
Endangered Species Act of 1973 (87 Stat. 902) is amend-
ed 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 Nat-
ural Resources of the House of Representatives and 
the Committee on Environment and Public Works of 
the Senate an annual report detailing Federal Gov-
ernment expenditures for covered suits during the 
preceding fiscal year (including the information de-
scribed in subsection (b)); and 
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‘‘(2) make publicly available through the Inter-
net a searchable database, updated monthly, of the 
information described in subsection (b). 
‘‘(b) INCLUDED INFORMATION.—The report shall in-
clude— 
‘‘(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, in-
terim decision, motion to dismiss, partial motion for 
summary judgement, or related final document; 
‘‘(2) a description of each claim or cause of ac-
tion in each covered suit; 
‘‘(3) the name of each covered agency the ac-
tions 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 re-
spond to notices referred to in section 11(g)(2) or to 
prepare for litigation of, litigate, negotiate a settle-
ment agreement or consent decree in, or provide ma-
terial, technical, or other assistance in relation to, a 
covered suit; 
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‘‘(5) the number of full-time equivalent employ-
ees 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 cov-
ered suits, including any consent decrees or settle-
ment agreements (regardless of whether a decree or 
settlement agreement is sealed or otherwise subject 
to nondisclosure provisions), including the bases for 
such awards. 
‘‘(c) REQUIREMENT TO PROVIDE INFORMATION.— 
The head of each covered agency shall provide to the Sec-
retary in a timely manner all information requested by the 
Secretary to comply with the requirements of this section. 
‘‘(d) 
LIMITATION
ON
DISCLOSURE.—Notwith-
standing any other provision of this section, this section 
shall not affect any restriction in a consent decree or set-
tlement 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— 
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‘‘(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 Gov-
ernment 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.’’. 
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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 DETER-
MINATION OF ENDANGERED OR THREAT-
ENED 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, con-
currently with making a determination under para-
graph (1) that a species is a threatened species or 
an endangered species, prepare an analysis with re-
spect 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 
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under paragraph (1) or change the criteria used by 
the Secretary to make such a determination.’’. 
TITLE V—LIMITATION ON REA-
SONABLE 
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 Fed-
eral agency or the applicant concerned, if any, to mitigate 
or offset such impact’’ after ‘‘minimize such impact’’. 
Æ 
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