H.R. 1897
ESA Amendments Act of 2025
Sponsor: Bruce Westerman
26 cosponsors
- Michael A. Rulli
- Andy Biggs
- Celeste Maloy
- Cliff Bentz
- Dan Newhouse
- Doug LaMalfa
- Harriet M. Hageman
- Jeff Hurd
- Mark E. Amodei
- Mike Ezell
- Nicholas J. Begich III
- Paul A. Gosar
- Pete Stauber
- Russ Fulcher
- Thomas P. Tiffany
- Wesley Hunt
- Troy Downing
- Addison P. McDowell
- Lauren Boebert
- Glenn Thompson
- Ken Calvert
- Mike Collins
- Clay Higgins
- Tim Walberg
- Glenn Grothman
- Robert E. Latta
Official summary
Written by the Congressional Research Service.
ESA Amendments Act of 2025
This bill reauthorizes through FY2031 the Endangered Species Act and generally narrows protections provided under the act.
The bill directs the Fish and Wildlife Service and the National Marine Fisheries Service to submit a National Listing Work Plan that establishes a five-year schedule and plan for addressing listing of endangered or threatened species and designation of critical habitats for such species. Under the plan, the bill gives the Services flexibility on the timing of acting on listing petitions and eliminates the requirement for the Services to act within 12 months on listing petitions.
The bill limits what land may be designated as critical habitat for an endangered or threatened species.
It also limits protections provided to threatened species and allows a state to regulate the recovery of such species if the Services determine the state's proposed recovery strategy would conserve the species.
The bill provides statutory authority for Conservation Benefit Agreements, which allow private landowners to voluntarily enter agreements to reduce threats to candidate species in exchange for being allowed to continue their operations if the species is later listed.
The bill also modifies the permitting process for certain other voluntary conservation agreements, including by exempting incidental take permits (e.g., permits to harm or kill a species) from environmental review requirements.
The bill also makes a variety of other changes to the act, including limiting consultation requirements, judicial review, and awards for attorneys’ fees in certain cases.
Text of the bill
I Optimizing conservation through resource prioritization
II Incentivizing wildlife conservation on private lands
III Providing for greater incentives to recover listed species
Where this section came from
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Mar 6, 2025 · Introduced in House Referred to House Committee on Natural Resources, Mar 6
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Mar 24, 2026 · Reported in House Marked up by House Committee on Natural Resources, Dec 17 Reported by House Committee on Natural Resources, Mar 24 Committee members' individual votes aren't in our records.
(a)
Privately
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or controlled land
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. Section 4(a)(3
)(A
) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3
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[Inserted into the law:
(A)
(i) The Secretary, by regulation promulgated in accordance with subsection (b) and to the maximum extent prudent and determinable—
(I) shall, concurrently with making a determination under paragraph (1) that a species is an endangered species or a threatened species, designate any habitat of such species which is then considered to be critical habitat; and
(II) may, from time-to-time thereafter as appropriate, revise such designation.
(ii) The Secretary may determine, based on the best scientific data available, that it is not prudent to designate habitat as described in clause (i)(I) for a species, including if the Secretary determines—
(I) the species is determined under paragraph (1) to be a threatened species or an endangered species because of take or other human activity and such designation will increase the degree of such take or other human activity;
(II) the species is determined under paragraph (1) to be a threatened species or an endangered species because of a factor—
(aa) other than that described in subparagraph (A) of that paragraph; or
(bb) that cannot be addressed through reasonable and prudent alternatives resulting from consultations carried out pursuant to section 7(a)(2); or
(III) the species primarily occurs in areas not under the jurisdiction of the United States and areas under the jurisdiction of the United States where the species occurs provide no more than a negligible conservation value to the species.
(iii) Notwithstanding clause (i)(I), if the Secretary determines under clause (ii) that it is not prudent to designate habitat as described in clause (i)(I), the Secretary is not required to so designate habitat for the species.
]
(b) Privately owned or controlled land. Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is amended by adding at the end the following:
[Inserted into the law:
… 11 unchanged passages …
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) Designation considerations. Section 4(b
)(2
) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b
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(2)—
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(A)
by inserting the impact on existing efforts of private landowners to conserve the species, after impact on national security
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,; (B) by striking The Secretary and inserting (A) The Secretary; and (C) by adding at the end the following: [Inserted into the law: (B) In addition to any area otherwise considered by the Secretary for exclusion from critical habitat under subparagraph (A), the Secretary shall consider for exclusion from critical habitat any area— (i) submitted by a person through public comment pursuant to paragraph (5) or (6); and (ii) for which such submission includes credible information regarding a meaningful economic impact, impact on national security, impact on existing efforts of private landowners to conserve the applicable species, or other relevant impact of specifying the area as critical habitat that supports the exclusion from critical habitat of that area. ] (2) in paragraph (5)(A)(i), by striking , and and inserting the following: [Inserted into the law: , including, with respect to a proposed regulation to designate or revise critical habitat under subsection (a)(3)— (I) a draft economic analysis that identifies any impacts on national security and existing efforts of private landowners to conserve the applicable species and other relevant impacts of the designation or revision that the Secretary determines are within the area proposed for designation or covered by the revision; and (II) a draft exclusion analysis that identifies each area the Secretary has reason to consider for exclusion under paragraph (2) and why; and ] ; and (3) in paragraph (6)(A)— (A) in clause (i)(II), by striking made, and inserting the following: [Inserted into the law: made, including, with respect to such a final regulation— (aa) a final economic analysis that identifies any impacts on national security and existing efforts of private landowners to conserve the applicable species and other relevant impacts of the revision that the Secretary determines are within the area covered by the revision; and (bb) a final exclusion analysis that identifies each area the Secretary has determined under paragraph (2) to exclude from such revision and why; ] ; and (B) in clause (ii)(I), by striking , or and inserting the following: [Inserted into the law: , including— (aa) a final economic analysis that identifies any impacts on national security and existing efforts of private landowners to conserve the applicable species and other relevant impacts of the designation that the Secretary determines are within the area proposed for designation; and (bb) a final exclusion analysis that identifies each area the Secretary has determined under paragraph (2) to exclude from such designation and why; or ]
What is a markup?
A markup is a committee meeting where members go through a bill and vote on changes before sending it to the full chamber.
(a) Not prudent determinations. Section 4(a)(3)(A) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)(A)) is amended to read as follows:
(A)
(i) The Secretary, by regulation promulgated in accordance with subsection (b) and to the maximum extent prudent and determinable—
(I) shall, concurrently with making a determination under paragraph (1) that a species is an endangered species or a threatened species, designate any habitat of such species which is then considered to be critical habitat; and
(II) may, from time-to-time thereafter as appropriate, revise such designation.
(ii) The Secretary may determine, based on the best scientific data available, that it is not prudent to designate habitat as described in clause (i)(I) for a species, including if the Secretary determines—
(I) the species is determined under paragraph (1) to be a threatened species or an endangered species because of take or other human activity and such designation will increase the degree of such take or other human activity;
(II) the species is determined under paragraph (1) to be a threatened species or an endangered species because of a factor—
(aa) other than that described in subparagraph (A) of that paragraph; or
(bb) that cannot be addressed through reasonable and prudent alternatives resulting from consultations carried out pursuant to section 7(a)(2); or
(III) the species primarily occurs in areas not under the jurisdiction of the United States and areas under the jurisdiction of the United States where the species occurs provide no more than a negligible conservation value to the species.
(iii) Notwithstanding clause (i)(I), if the Secretary determines under clause (ii) that it is not prudent to designate habitat as described in clause (i)(I), the Secretary is not required to so designate habitat for the species.
(b) Privately owned or controlled land. Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is amended by adding at the end the following:
(C) The Secretary may not designate as critical habitat under subparagraph (A) any privately owned or controlled land or other geographical area that is subject to a land management plan that—
(i) the Secretary determines is similar in nature to an integrated natural resources management plan described in section 101 of the Sikes Act (16 U.S.C. 670a);
(ii)
(I) is prepared in cooperation with the Secretary and the head of each applicable State fish and wildlife agency of each State in which such land or other geographical area is located; or
(II) is submitted to the Secretary in a manner that is similar to the manner in which an applicant submits a conservation plan to the Secretary under section 10(a)(2)(A);
(iii) includes an activity or a limitation on an activity that the Secretary determines will likely conserve the species concerned;
(iv) the Secretary determines will result in—
(I) an increase in the population of the species concerned above the population of such species on the date that such species is listed as a threatened species or an endangered species; or
(II) maintaining the same population of such species on the land or other geographical area as the population that would likely occur if such land or other geographical area is designated as critical habitat; and
(v) to the maximum extent practicable, will minimize and mitigate the impacts of any activity that will likely result in an incidental taking of the species concerned.
(c) Designation considerations. Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended—
(1) in paragraph (2)—
(A) by inserting the impact on existing efforts of private landowners to conserve the species, after impact on national security,;
(B) by striking The Secretary and inserting (A) The Secretary; and
(C) by adding at the end the following:
(B) In addition to any area otherwise considered by the Secretary for exclusion from critical habitat under subparagraph (A), the Secretary shall consider for exclusion from critical habitat any area—
(i) submitted by a person through public comment pursuant to paragraph (5) or (6); and
(ii) for which such submission includes credible information regarding a meaningful economic impact, impact on national security, impact on existing efforts of private landowners to conserve the applicable species, or other relevant impact of specifying the area as critical habitat that supports the exclusion from critical habitat of that area.
(2) in paragraph (5)(A)(i), by striking , and and inserting the following:
, including, with respect to a proposed regulation to designate or revise critical habitat under subsection (a)(3)—
(I) a draft economic analysis that identifies any impacts on national security and existing efforts of private landowners to conserve the applicable species and other relevant impacts of the designation or revision that the Secretary determines are within the area proposed for designation or covered by the revision; and
(II) a draft exclusion analysis that identifies each area the Secretary has reason to consider for exclusion under paragraph (2) and why; and
; and
(3) in paragraph (6)(A)—
(A) in clause (i)(II), by striking made, and inserting the following:
made, including, with respect to such a final regulation—
(aa) a final economic analysis that identifies any impacts on national security and existing efforts of private landowners to conserve the applicable species and other relevant impacts of the revision that the Secretary determines are within the area covered by the revision; and
(bb) a final exclusion analysis that identifies each area the Secretary has determined under paragraph (2) to exclude from such revision and why;
; and
(B) in clause (ii)(I), by striking , or and inserting the following:
, including—
(aa) a final economic analysis that identifies any impacts on national security and existing efforts of private landowners to conserve the applicable species and other relevant impacts of the designation that the Secretary determines are within the area proposed for designation; and
(bb) a final exclusion analysis that identifies each area the Secretary has determined under paragraph (2) to exclude from such designation and why; or
IV Creating greater transparency and accountability in recovering listed species
V Streamlining permitting process
VI Eliminating barriers to conservation
VII Restoring congressional intent