ESA Improvement Act of 2014

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``ESA Improvement Act of 2014''.

SEC. 2. ENDANGERED AND THREATENED SPECIES STATE PROTECTIVE ACTIONS.

    Section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(c)) is amended--
            (1) in paragraph (1), in the first sentence, by striking 
        ``The Secretary shall'' and inserting ``Except as provided in 
        paragraph (3), the Secretary shall''; and
            (2) by adding at the end the following:
            ``(3) State protective action.--
                    ``(A) Exclusion from lists.--The Secretary shall 
                not include in a list under this subsection any 
                population of a species in a State if the Secretary has 
                approved a State Protective Action for such population 
                in accordance with this paragraph.
                    ``(B) Publication of notice.--Not later than 90 
                days before proposing to add a species to a list under 
                this subsection, the Secretary shall notify each State 
                in which a population of the species occurs of the 
                opportunity to submit to the Secretary a proposed State 
                Protective Action for the species in that State, 
                including specification of the criteria for approval of 
                such an action under this paragraph.
                    ``(C) Submission by state.--Each State notified 
                under subparagraph (B), or group of such States, may 
                submit to the Secretary a proposed State Protective 
                Action for the species in such State or States within 
                the period specified by the Secretary for the 
                submission of public comment regarding the inclusion of 
                the species in the list.
                    ``(D) Guidance to states.--During preparation of a 
                proposed State Protective Action under subparagraph 
                (A), the Secretary shall provide guidance to the State 
                regarding such preparation.
                    ``(E) Approval or disapproval; resubmission.--The 
                Secretary shall--
                            ``(i) approve or disapprove a proposed 
                        State Protective Action by not later than 45 
                        days after the date it is submitted;
                            ``(ii) approve such an action if the 
                        Secretary determines that it meets the criteria 
                        specified for approval in the notification 
                        under subparagraph (B);
                            ``(iii) upon disapproving such an action--
                                    ``(I) provide the written comments 
                                explaining specifically why the action 
                                was not approved;
                                    ``(II) allow the proposed action to 
                                be resubmitted at any time before the 
                                end of the 45-day period beginning on 
                                the date the Secretary provides such 
                                comments; and
                                    ``(III) by not later than 30 days 
                                after the end of such period, issue a 
                                final decision regarding the proposed 
                                action.
                    ``(F) Limitation on final listing.--The Secretary 
                may not add a population of a species to a list before 
                the date the Secretary has made a final determination 
                regarding approval of each State Protective Action for 
                such population that has been submitted in accordance 
                with this paragraph.
                    ``(G) Qualification for grants.--For purposes of 
                subsection (d), a State Protective Action approved by 
                the Secretary under this paragraph shall be treated as 
                a cooperative agreement entered into pursuant to this 
                subsection.
                    ``(H) Review of plans.--Every 5 years after 
                approving a State Protective Action, the Secretary 
                shall review the implementation and effectiveness of 
                the action, and if necessary provide guidance on 
                improvements or revisions that are required to maintain 
                the Secretary's approval of the action.
                    ``(I) Revocation of approval.--The Secretary may 
                revoke approval of a State Protective Action for a 
                population and propose adding such species to a list 
                under this subsection if at any time after completion 
                of the first review under subparagraph (H) the 
                Secretary determines that--
                            ``(i) the State has failed to implement the 
                        action; or
                            ``(ii) the action has failed to make 
                        measurable progress toward achieving the 
                        recovery criteria for the population.
                    ``(J) Termination.--The Secretary may terminate the 
                effectiveness of a State Protective Action approved 
                under this paragraph, including review regarding the 
                action under subparagraph (H), if the Secretary 
                determines that recovery criteria for the population 
                have been achieved.''.

Summary: ESA Improvement Act of 2014 - Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior from adding a species to the list of endangered and threatened species: (1) if the Secretary has approved a State Protective Action (SPA) for such species, and (2) before the Secretary has made a final determination regarding approval of an SPA. Directs the Secretary to: (1) notify each state of the opportunity to submit an SPA prior to proposing to add a species to the federal list of endangered and threatened species, and (2) provide guidance to states regarding the preparation of an SPA. Establishes a process for approving or disapproving a proposed SPA. Requires the Secretary to review the implementation and effectiveness of an SPA every five years and, if necessary, provide guidance on improvements or revisions that are required to maintain the Secretary's approval of the SPA. Authorizes the Secretary to: (1) revoke approval of an SPA and propose adding a species to the federal list if the state has failed to implement the SPA or the SPA failed to make measurable progress toward meeting the recovery criteria for the species, and (2) terminate the effectiveness of an approved SPA if the recovery criteria for the species have been met.