ESA Amendments Act of 2025

13. Disclosure of expenditures

(a) Requirement. The Chair of the Council on Environmental Quality, in consultation with the Secretary of the Interior and Secretary of Commerce, shall—

(1) not later than 90 days after the end of each fiscal year, submit to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate an annual report detailing Federal Government expenditures for covered suits during the preceding fiscal year; and

(2) make publicly available through the Internet a searchable database, updated monthly, of the information described in subsection (b).

(b) Included information. Each report submitted under subsection (a) shall include—

(1) the case name and number of each covered suit, and, with respect to each covered suit, a hyperlink to each settlement decision, final decision, consent decree, stipulation of dismissal, release, interim decision, motion to dismiss, partial motion for summary judgement, or related final document;

(2) a description of each claim or cause of action in each covered suit;

(3) the name of each covered agency the actions of which give rise to any claim in a covered suit and each plaintiff in such covered suit;

(4) funds expended by each covered agency (disaggregated by agency account) to receive and respond to notices referred to in section 11(g)(2) or to prepare for litigation of, litigate, negotiate a settlement agreement or consent decree in, or provide material, technical, or other assistance in relation to, a covered suit;

(5) the number of full-time equivalent employees that participated in the activities described in paragraph (4);

(6) any information required to be published under section 1304 of title 31, United States Code, with respect to a covered suit; and

(7) attorneys fees and other expenses (disaggregated by agency account) awarded in covered suits, including any consent decrees or settlement agreements (regardless of whether a decree or settlement agreement is sealed or otherwise subject to nondisclosure provisions), including the basis for such awards.

(c) Requirement to provide information. The head of each covered agency shall provide to the Chair of the Council on Environmental Quality in a timely manner all information requested by the Chair to comply with the requirements of this section.

(d) Limitation on disclosure. Notwithstanding any other provision of this section, this section shall not affect any restriction in a consent decree or settlement agreement on the disclosure of information that is not described in subsection (b).

(e) Definitions. In this section:

(1) Covered agency. The term covered agency means any agency of the—

(A) Department of the Interior;

(B) Forest Service;

(C) Environmental Protection Agency;

(D) National Marine Fisheries Service;

(E) Bonneville Power Administration;

(F) Western Area Power Administration;

(G) Southwestern Power Administration; or

(H) Southeastern Power Administration.

(2) Covered suit. The term covered suit means—

(A) any civil action containing any claim arising under this Act against the Federal Government and based on the action of a covered agency; and

(B) any administrative proceeding under which the Federal Government awards fees and other expenses to a third party under section 504 of title 5, United States Code.

Sec. 13. Disclosure of expenditures.