I 113th CONGRESS 2d Session H. R. 4284 IN THE HOUSE OF REPRESENTATIVES March 24, 2014 Mr. Neugebauer introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Endangered Species Act of 1973 to encourage greater State input and authority over species and habitat management by allowing States to propose and implement State Protective Action before species are listed under that Act, and for other purposes.

1. Short title This Act may be cited as the ESA Improvement Act of 2014 . 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. .