Water, Wildlife and Fisheries Subcommittee, Natural Resources Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
The ESA Amendments Act of 2025 introduces substantial changes to the Endangered Species Act, with the overarching goals of optimizing conservation, fostering private land stewardship, and improving species recovery outcomes. A central provision requires the Secretary to establish a national listing work plan every five years, outlining a schedule for listing determinations and critical habitat designations for unlisted species. This plan categorizes species into five priority levels, ranging from critically imperiled (Priority 1) to those with limited information or conservation benefit (Priority 5), guiding resource allocation and action timelines. A key focus of the bill is to incentivize conservation efforts on private lands. It mandates that the Secretary consider the net conservation benefits of Candidate Conservation Agreements with Assurances (CCAAs) during listing determinations. The legislation establishes a formal process for approving CCAAs, requiring specific management activities, monitoring plans, and providing assurances to landowners against additional regulatory burdens if a species becomes listed. Additionally, the bill exempts the issuance of incidental take permits, which are crucial for private land development, from being considered a major Federal action under the National Environmental Policy Act (NEPA). To accelerate species recovery, the bill requires the Secretary to establish objective, incremental recovery goals for threatened species. As these goals are met, the stringency of protective regulations must decrease, and State management of the species is encouraged. States are also empowered to develop and propose their own recovery strategies for threatened or candidate species, which the Secretary must approve and adopt as regulations if deemed effective and likely to be implemented. Furthermore, the removal of a species from the list is protected from judicial review during its monitoring period, aiming to provide stability to recovery efforts. The legislation also introduces several measures to enhance transparency and accountability in ESA implementation. It mandates the public availability of all scientific and commercial data used as the basis for listing and critical habitat decisions, with specific exceptions for sensitive information. States must receive all relevant data before listing determinations are finalized, promoting better inter-governmental cooperation. Moreover, the bill requires detailed public disclosure of Federal expenditures related to ESA litigation, including case details, agency costs, and attorney fees, through annual reports and a searchable online database. Permitting processes are streamlined by limiting "reasonable and prudent measures" to those that minimize impact without requiring additional mitigation or offset. For ongoing Federal actions, the Secretary must periodically assess if continued implementation of conservation measures materially aids recovery, allowing discontinuation if not. The bill clarifies that consultations should consider reasonably certain effects without a substantive presumption favoring the species and defines "jeopardy" as when an action itself is likely to cause harm. Finally, it limits the Secretary's independent authority to promulgate regulations to specific sections of the Act, aiming to restore congressional intent regarding agency powers.
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Water, Wildlife and Fisheries.
Subcommittee Hearings Held
Environmental Protection
Administrative law and regulatory proceduresCivil actions and liabilityCongressional oversightDepartment of the InteriorEndangered and threatened speciesEnvironmental assessment, monitoring, researchGovernment ethics and transparency, public corruptionGovernment information and archivesJudicial review and appealsPublic participation and lobbyingPublic-private cooperationState and local government operationsWildlife conservation and habitat protection
ESA Amendments Act of 2025
USA119th CongressHR-1897| House
| Updated: 3/25/2025
The ESA Amendments Act of 2025 introduces substantial changes to the Endangered Species Act, with the overarching goals of optimizing conservation, fostering private land stewardship, and improving species recovery outcomes. A central provision requires the Secretary to establish a national listing work plan every five years, outlining a schedule for listing determinations and critical habitat designations for unlisted species. This plan categorizes species into five priority levels, ranging from critically imperiled (Priority 1) to those with limited information or conservation benefit (Priority 5), guiding resource allocation and action timelines. A key focus of the bill is to incentivize conservation efforts on private lands. It mandates that the Secretary consider the net conservation benefits of Candidate Conservation Agreements with Assurances (CCAAs) during listing determinations. The legislation establishes a formal process for approving CCAAs, requiring specific management activities, monitoring plans, and providing assurances to landowners against additional regulatory burdens if a species becomes listed. Additionally, the bill exempts the issuance of incidental take permits, which are crucial for private land development, from being considered a major Federal action under the National Environmental Policy Act (NEPA). To accelerate species recovery, the bill requires the Secretary to establish objective, incremental recovery goals for threatened species. As these goals are met, the stringency of protective regulations must decrease, and State management of the species is encouraged. States are also empowered to develop and propose their own recovery strategies for threatened or candidate species, which the Secretary must approve and adopt as regulations if deemed effective and likely to be implemented. Furthermore, the removal of a species from the list is protected from judicial review during its monitoring period, aiming to provide stability to recovery efforts. The legislation also introduces several measures to enhance transparency and accountability in ESA implementation. It mandates the public availability of all scientific and commercial data used as the basis for listing and critical habitat decisions, with specific exceptions for sensitive information. States must receive all relevant data before listing determinations are finalized, promoting better inter-governmental cooperation. Moreover, the bill requires detailed public disclosure of Federal expenditures related to ESA litigation, including case details, agency costs, and attorney fees, through annual reports and a searchable online database. Permitting processes are streamlined by limiting "reasonable and prudent measures" to those that minimize impact without requiring additional mitigation or offset. For ongoing Federal actions, the Secretary must periodically assess if continued implementation of conservation measures materially aids recovery, allowing discontinuation if not. The bill clarifies that consultations should consider reasonably certain effects without a substantive presumption favoring the species and defines "jeopardy" as when an action itself is likely to cause harm. Finally, it limits the Secretary's independent authority to promulgate regulations to specific sections of the Act, aiming to restore congressional intent regarding agency powers.
Water, Wildlife and Fisheries Subcommittee, Natural Resources Committee
Environmental Protection
Introduced
In Committee
On Floor
Passed Chamber
Enacted
Administrative law and regulatory proceduresCivil actions and liabilityCongressional oversightDepartment of the InteriorEndangered and threatened speciesEnvironmental assessment, monitoring, researchGovernment ethics and transparency, public corruptionGovernment information and archivesJudicial review and appealsPublic participation and lobbyingPublic-private cooperationState and local government operationsWildlife conservation and habitat protection