TITLE 
III—ENDANGERED 
SPE-
CIES RECOVERY AND HABI-
TAT CONSERVATION LEGACY 
FUND 
SEC. 301. ENDANGERED SPECIES RECOVERY AND HABITAT 
CONSERVATION LEGACY FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund, to be known as the 
‘‘Endangered Species Recovery and Habitat Conservation 
Legacy Fund’’ (referred to in this section as the ‘‘Fund’’). 
(b) FUNDING.—For each of fiscal years 2025 
through 2028, the Secretary of the Treasury shall transfer 
from the general fund of the Treasury to the Fund 
$187,500,000. 
(c) AVAILABILITY OF FUNDS.—Amounts in the Fund 
shall be available to the Secretary of the Interior, acting 
through the Director of the United States Fish and Wild-
life Service (referred to in this section as the ‘‘Secretary’’), 
as provided in subsection (e), without further appropria-
tion or fiscal year limitation. 
(d) INVESTMENT OF AMOUNTS.— 
(1) IN GENERAL.—The Secretary may request 
the Secretary of the Treasury to invest any portion 
of the Fund that is not, as determined by the Sec-
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retary, required to meet the current needs of the 
Fund. 
(2) REQUIREMENT.—An investment requested 
under paragraph (1) shall be made by the Secretary 
of the Treasury in a public debt security— 
(A) with a maturity suitable to the needs 
of the Fund, as determined by the Secretary; 
and 
(B) bearing interest at a rate determined 
by the Secretary of the Treasury, taking into 
consideration current market yields on out-
standing marketable obligations of the United 
States of comparable maturity. 
(3) CREDITS TO FUND.—The income on invest-
ments of the Fund under this subsection shall be 
credited to, and form a part of, the Fund. 
(e) USE OF FUNDS.—Amounts in the Fund shall be 
used for recovering the species managed under the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.), in 
addition to amounts otherwise available for such purposes, 
as follows: 
(1) ENDANGERED SPECIES RECOVERY GRANT 
PROGRAM.—$75,000,000 for each of fiscal years 
2025 through 2028, to remain available until ex-
pended, shall be used to establish and implement a 
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grant and technical assistance program, to be known 
as the ‘‘Endangered Species Recovery Grant Pro-
gram’’, to provide competitive matching grants for 
the purpose of recovering species listed as a threat-
ened species or an endangered species under section 
4 of the Endangered Species Act of 1973 (16 U.S.C. 
1533) by addressing the backlog in the development 
of recovery plans, and implementing the backlog of 
activities identified in existing recovery plans, under 
subsection (f) of that section (16 U.S.C. 1533(f)). 
The Secretary shall enter into an agreement with 
the National Fish and Wildlife Foundation to estab-
lish and cooperatively manage the Endangered Spe-
cies Recovery Grant Program in accordance with the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) and the National Fish and Wildlife Foundation 
Establishment Act (16 U.S.C. 3701 et seq.). 
(2) INTERAGENCY
CONSULTATION
RESPON-
SIBILITIES.—$75,000,000 for each of fiscal years 
2025 through 2028, to remain available until ex-
pended, shall be used for the United States Fish and 
Wildlife Service to address interagency consultation 
responsibilities under section 7 of the Endangered 
Species Act of 1973 (16 U.S.C. 1536). 
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(3) CONSERVATION
ACTIVITIES.—$28,125,000 
for each of fiscal years 2025 through 2028, to re-
main available until expended, shall be used for the 
United States Fish and Wildlife Service to work 
with non-Federal entities, including through, but not 
limited to, the Partners for Fish and Wildlife Pro-
gram, the Coastal Program, and the North Amer-
ican Wetlands Conservation Act (16 U.S.C. 4401 et 
seq.)— 
(A) to conserve at risk species, species that 
are candidates or proposed for listing, and spe-
cies that are listed as threatened or endangered 
species under section 4 of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1533), including 
through rescue and rehabilitation efforts; and 
(B) to conserve wildlife habitat. 
(4) 
VOLUNTARY
CONSERVATION
AGREE-
MENTS.—$9,375,000 for each of fiscal years 2025 
through 2028, to remain available until expended, 
shall be used for the United States Fish and Wildlife 
Service to address the development and permitting 
of voluntary conservation agreements under section 
10 of the Endangered Species Act of 1973 (16 
U.S.C. 1539). 
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(f) SUPPLEMENT, NOT SUPPLANT.—Amounts made 
available under this section shall supplement and not sup-
plant any other Federal amounts made available to carry 
out activities described in this section in an annual appro-
priations Act of Congress. 
(g) SUBMISSION OF SPECIES LISTS TO CONGRESS.— 
(1) PRIORITY
LIST
OF
SPECIES.—Not later 
than 90 days after the date of enactment of this 
Act, the Secretary, shall submit to the Committees 
on Environment and Public Works and Appropria-
tions of the Senate and the Committees on Natural 
Resources and Appropriations of the House of Rep-
resentatives a list of threatened species and endan-
gered species for which recovery plans described in 
subsection (e)(1) will be developed or implemented 
for fiscal year 2025. 
(2) ANNUAL LIST OF SPECIES.—Until the date 
on which all of the amounts in the Fund are ex-
pended, the President shall annually submit to Con-
gress, together with the annual budget of the United 
States, a list of threatened species and endangered 
species for which recovery plans described in sub-
section (e)(1) will be developed or implemented with 
amounts from the Fund. 
(h) PUBLIC DONATIONS.— 
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(1) IN GENERAL.—The Secretary may accept 
public cash donations that advance efforts— 
(A) to address the backlog in the develop-
ment and implementation of recovery plans; and 
(B) to encourage relevant public-private 
partnerships. 
(2) CREDITS TO FUND.—Any cash donations 
accepted under paragraph (1) shall be credited to, 
and form a part of, the Fund. 
(3) REJECTION OF DONATIONS.—The Secretary 
may reject a donation under this section when the 
rejection is in the interest of the Federal Govern-
ment, as determined by the Secretary. 
(i) ALLOCATION AUTHORITY.— 
(1) SUBMISSION
OF
COST
ESTIMATES.—The 
President shall submit to Congress detailed alloca-
tions by program element of the amount rec-
ommended for allocation in a fiscal year from 
amounts made available under subsection (c), con-
sistent with the use of funds under subsection (e), 
as follows: 
(A) For fiscal year 2025, not later than 90 
days after the date of enactment of this Act. 
(B) For each fiscal year thereafter, until 
the date on which all of the amounts in the 
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Fund are allocated, as part of the annual budg-
et submission of the President under section 
1105(a) of title 31, United States Code. 
(2) ALTERNATE ALLOCATION.— 
(A) IN
GENERAL.—The Committees on 
Appropriations of the Senate and House of 
Representatives may provide for alternate allo-
cation of amounts recommended for allocation 
in a given fiscal year from amounts made avail-
able under subsection (c), consistent with the 
use of funds under subsection (e), including al-
locations by program element. 
(B) ALLOCATION BY PRESIDENT.— 
(i) NO ALTERNATE ALLOCATIONS.—If 
Congress has not enacted legislation estab-
lishing alternate allocations, including by 
program, by the date on which the Act 
making full-year appropriations for the De-
partment of the Interior, Environment, 
and Related Agencies for the applicable fis-
cal year is enacted into law, only then shall 
amounts recommended for allocation for 
that fiscal year from amounts made avail-
able under subsection (c), consistent with 
the use of funds under subsection (e), be 
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allocated by the President or apportioned 
or allotted by program pursuant to title 
31, United States Code. 
(ii) INSUFFICIENT ALTERNATE ALLO-
CATION.—If Congress enacts legislation es-
tablishing alternate allocations, including 
by program, for amounts recommended for 
allocation in a given fiscal year from 
amounts made available under subsection 
(c), consistent with the use of funds under 
subsection (e), that are less than the full 
amount recommended for allocation for 
that fiscal year, the difference between the 
amount recommended for allocation and 
the alternate allocation shall be allocated 
by the President and apportioned and al-
lotted by program pursuant to title 31, 
United States Code. 
(j) PROHIBITIONS.—No amounts from the Fund shall 
be used— 
(1) to make any listing determination relating 
to the endangered or threatened status of any spe-
cies pursuant to section 4(a) of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1533(a)); 
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(2) on any experimental population (as defined 
in paragraph (1) of section 10(j) of the Endangered 
Species Act of 1973 (16 U.S.C. 1539(j))) of a 
threatened or endangered species that is determined 
to be nonessential under that section; 
(3) outside of the United States (as defined in 
section 3 of the Endangered Species Act of 1973 (16 
U.S.C. 1532)); and 
(4) to acquire any Federal land. 
Æ 
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