I 
117TH CONGRESS 
1ST SESSION H. R. 5550 
To amend the Endangered Species Act of 1973 to permit Governors of 
States to regulate intrastate endangered species and intrastate threatened 
species, to amend the Migratory Bird Treaty Act to permit the taking 
of certain black vultures and ravens, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 12, 2021 
Mr. PERRY introduced the following bill; which was referred to the Committee 
on Natural Resources 
A BILL 
To amend the Endangered Species Act of 1973 to permit 
Governors of States to regulate intrastate endangered 
species and intrastate threatened species, to amend the 
Migratory Bird Treaty Act to permit the taking of cer-
tain black vultures and ravens, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Endangered Species 
Management Self-Determination Act’’. 
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SEC. 2. DEFINITION OF ESA. 
In this Act, the term ‘‘ESA’’ means the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.). 
SEC. 3. FINDINGS. 
Congress finds that— 
(1) the ESA was passed in 1973 as a means of 
protecting and recovering species and has not been 
substantially revised in over 25 years; 
(2) the ESA has not achieved its stated goal of 
recovering threatened species or endangered species; 
(3) of the species listed in accordance with the 
ESA, less than 1 percent of the total number of spe-
cies in the United States have been recovered and 
removed from the list, largely due to data errors or 
other factors; 
(4) there is— 
(A) no comprehensive independent study of 
the costs or benefits of the ESA; 
(B) no full accounting of how much the 
Federal Government and State and local gov-
ernments spend to implement, enforce, and 
comply with the ESA; and 
(C) no meaningful effort to account for the 
costs the ESA imposes on the private sector; 
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(5) the ESA effectively penalizes landowners for 
owning endangered species habitat by forcing them 
to bear the cost of conservation; 
(6) the regulatory listing process under the 
ESA has become a tool for environmentalists to un-
dermine, slow down, or halt construction of infra-
structure projects, hampering economic growth and 
employment; and 
(7) litigation stemming from the ESA and some 
resulting settlements between the litigants and the 
Federal Government have made the ESA even more 
unworkable, to the detriment of species. 
SEC. 4. AMENDMENTS TO THE ENDANGERED SPECIES ACT 
OF 1973. 
(a) DETERMINATIONS
OF ENDANGERED SPECIES 
AND THREATENED SPECIES.—Section 4 of the Endan-
gered Species Act of 1973 (16 U.S.C. 1533) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘, with 
the consent of the Governor of each State in 
which the endangered species or threatened spe-
cies is present,’’ after ‘‘The Secretary’’; and 
(B) in paragraph (2)(A)(ii), by inserting ‘‘, 
with the consent of the Governor of each State 
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(3) by striking subsection (c) and inserting the 
following: 
‘‘(c) LISTS.— 
‘‘(1) DEFINITION OF JOINT RESOLUTION.—In 
this subsection, the term ‘joint resolution’ means 
only a joint resolution the matter after the resolving 
clause of which is as follows: ‘That Congress ap-
proves the lists relating to endangered species and 
threatened species submitted by the Secretary of the 
Interior on llllll.’ (the blank space being 
appropriately filled in). 
‘‘(2) LISTS
SUBMITTED
TO
CONGRESS.—The 
Secretary of the Interior shall submit to Congress— 
‘‘(A) a list of all species determined by the 
Secretary of the Interior or the Secretary of 
Commerce to be endangered species; and 
‘‘(B) a list of all species determined by the 
Secretary of the Interior or the Secretary of 
Commerce to be threatened species. 
‘‘(3) CONGRESSIONAL APPROVAL.—The lists de-
scribed in paragraph (2) shall not take effect until 
a joint resolution described in paragraph (1) is en-
acted. 
‘‘(4) CONTENTS OF LISTS.—Each list described 
in paragraph (2) shall— 
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‘‘(A) refer to the species included on the 
list by any scientific and common name; and 
‘‘(B) specify— 
‘‘(i) with respect to the species over 
what portion of the range of the species 
that the species is endangered or threat-
ened; and 
‘‘(ii) any critical habitat within the 
range. 
‘‘(5) PUBLICATION.—The Secretary of the Inte-
rior shall publish in the Federal Register each list 
approved in accordance with paragraph (3). 
‘‘(6) AUTOMATIC REMOVAL.— 
‘‘(A) IN GENERAL.—On the date that is 5 
years after the date on which a joint resolution 
is enacted in accordance with this subsection, 
each species listed on a list approved by the 
joint resolution shall be removed from the list. 
‘‘(B) PETITION FOR RELISTING.— 
‘‘(i) IN GENERAL.—The Secretary of 
the Interior, in consultation with the Gov-
ernor of each State in which the endan-
gered species or threatened species is 
present, may submit to Congress a list 
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that includes any species that was removed 
under subparagraph (A). 
‘‘(ii) CONGRESSIONAL
APPROVAL.— 
The list described in clause (i) shall not 
take effect until a joint resolution de-
scribed in paragraph (1) is enacted.’’; 
(4) in subsection (d)— 
(A) in the first sentence, by striking 
‘‘Whenever any species’’ and inserting ‘‘Except 
as provided in subsection (j), whenever any spe-
cies’’; and 
(B) in the second sentence, by striking 
‘‘The Secretary may’’ and inserting ‘‘Except as 
provided in subsection (j), the Secretary may’’; 
(5) in subsection (f)(1), by striking ‘‘The Sec-
retary shall’’ and inserting ‘‘Except as provided in 
subsection (j), the Secretary shall’’; 
(6) in subsection (g)— 
(A) in paragraph (1), by striking ‘‘The 
Secretary shall’’ and inserting ‘‘Except as pro-
vided in subsection (j), the Secretary shall’’; 
and 
(B) in paragraph (2), by striking ‘‘para-
graph 7 of subsection (b) of this section’’ and 
inserting ‘‘subsection (b)(6)’’; 
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(7) in subsection (h)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘The Secretary shall’’ and inserting 
‘‘Except as provided in subsection (j), the Sec-
retary shall’’; 
(B) by striking paragraphs (1) and (2); 
and 
(C) by redesignating paragraphs (3) and 
(4) as paragraphs (1) and (2), respectively; 
(8) in subsection (i)— 
(A) by striking ‘‘subsection (b)(5)(A)(ii) of 
this 
section’’ 
and 
inserting 
‘‘subsection 
(b)(4)(A)(ii)’’; 
(B) by striking ‘‘or if the Secretary fails to 
adopt a regulation pursuant to an action peti-
tioned by a State agency under subsection 
(b)(3),’’; and 
(C) by striking ‘‘or petition’’; and 
(9) by adding at the end the following: 
‘‘(j) 
INTRASTATE
ENDANGERED
SPECIES
OR 
THREATENED SPECIES.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) GOVERNOR OF A STATE.—The term 
‘Governor of a State’ means the Governor of a 
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State in which an intrastate endangered species 
or intrastate threatened species is present. 
‘‘(B) 
INTRASTATE
ENDANGERED
SPE-
CIES.—The term ‘intrastate endangered species’ 
means an endangered species that the Governor 
of a State determines is present only within the 
State. 
‘‘(C) 
INTRASTATE
THREATENED
SPE-
CIES.—The term ‘intrastate threatened species’ 
means a threatened species that the Governor 
of a State determines is present only within the 
State. 
‘‘(2) CURRENTLY LISTED SPECIES.— 
‘‘(A) IN
GENERAL.—The Governor of a 
State may regulate any intrastate endangered 
species or any intrastate threatened species list-
ed under this section that is listed before the 
date of enactment of this subsection. 
‘‘(B) AUTHORITY OF GOVERNOR.—If the 
Governor of a State elects to regulate an intra-
state endangered species or an intrastate 
threatened species under subparagraph (A), the 
Governor of the State shall, with respect to the 
management of the intrastate endangered spe-
cies or intrastate threatened species on any 
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land within the State, have the exclusive au-
thority to, in accordance with the purposes and 
policy of this Act— 
‘‘(i) promulgate or enforce any regula-
tion or guidance; 
‘‘(ii) designate a critical habitat; 
‘‘(iii) issue a permit or license; 
‘‘(iv) develop or implement a recovery 
plan; and 
‘‘(v) establish any goal with respect to 
the recovery plan. 
‘‘(C) APPLICABLE LAW.—The management 
described in subparagraph (B) shall be subject 
to the law of the State in which the land, in-
cluding public lands (as defined in section 103 
of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1702)), is located. 
‘‘(3) NEWLY LISTED SPECIES.— 
‘‘(A) IN
GENERAL.—The Governor of a 
State may, before the Secretary or any other 
person, regulate any intrastate endangered spe-
cies or any intrastate threatened species listed 
under this section that is listed on or after the 
date of enactment of this subsection. 
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