H.R. 1897

ESA Amendments Act of 2025

Sponsor: Bruce Westerman

26 cosponsors
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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

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I Optimizing conservation through resource prioritization

II Incentivizing wildlife conservation on private lands

III Providing for greater incentives to recover listed species

IV Creating greater transparency and accountability in recovering listed species

Sec. 404. Award of litigation costs to prevailing parties in accordance with existing law Changed · Mar 24

Where this section came from

  1. Mar 6, 2025 · Introduced in House Referred to House Committee on Natural Resources, Mar 6
  2. 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.
What changed in the text

Section 11(g)(4) of the Endangered Species Act of 1973 (16 U.S.C. 1540(g)(4)) is amended by to striking read to as follows: [Inserted into the law: (4) (A) The court, in issuing any final order in any suit brought pursuant to paragraph (1), may award costs of litigation (including reasonable attorney and expert witness fees) to an eligible party, whenever the court determines such award is appropriate . (B) In awarding reasonable attorney and inserting expert witness fees under subparagraph (A) in accordance a with suit section brought 2412 pursuant to paragraph (1), the court— (i) shall base such fees on the prevailing market rates for the kind and quality of title services 28 furnished; and (ii) may not award— (I) such fees at a rate that exceeds $125 per hour unless the court determines a higher rate is justified because of cost of living or a special factor , United such States as the limited availability of qualified attorneys for such suit; or (II) more than $200,000 total in such fees in a single such suit. (C) (i) In this paragraph, the term eligible party— (I) means a party to a suit brought pursuant to paragraph (1) that is, as of the date on which the suit was initiated— (aa) an individual who has a net worth of not more than $2,000,000; (bb) an owner of an unincorporated business or a partnership, corporation, association, unit of local government, or organization, including an organization that is described in section 501(c)(3) of the Internal Revenue Code and exempt from taxation under section 504 501(a) of title such 5 Code , United that States has— Code (AA) a net worth of not more than $7,000,000, including both personal and business interests; and (BB) not more than 500 employees; or (cc) a cooperative association (as that term is defined in section 15(a) of the Agriculture Marketing Act (12 U . S.C. 1141j(a))); and (II) does not include a party to a suit brought pursuant to paragraph (1) otherwise described in clause (i) of this subparagraph that has sought to recover attorney or expert witness fees under this subsection in 3 or more instances in the 12-month period preceding the date on which the final order in such suit is issued, including in such suit. (ii) Where 2 or more parties to a suit brought pursuant to paragraph (1) are co-plaintiffs and each such party individually is an eligible party, clause (i)(I) shall be applied to such parties collectively. ]

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.

Section 11(g)(4) of the Endangered Species Act of 1973 (16 U.S.C. 1540(g)(4)) is amended to read as follows:

Text this section adds to the law

(4)

(A) The court, in issuing any final order in any suit brought pursuant to paragraph (1), may award costs of litigation (including reasonable attorney and expert witness fees) to an eligible party, whenever the court determines such award is appropriate.

(B) In awarding reasonable attorney and expert witness fees under subparagraph (A) in a suit brought pursuant to paragraph (1), the court—

(i) shall base such fees on the prevailing market rates for the kind and quality of services furnished; and

(ii) may not award—

(I) such fees at a rate that exceeds $125 per hour unless the court determines a higher rate is justified because of cost of living or a special factor, such as the limited availability of qualified attorneys for such suit; or

(II) more than $200,000 total in such fees in a single such suit.

(C)

(i) In this paragraph, the term eligible party—

(I) means a party to a suit brought pursuant to paragraph (1) that is, as of the date on which the suit was initiated—

(aa) an individual who has a net worth of not more than $2,000,000;

(bb) an owner of an unincorporated business or a partnership, corporation, association, unit of local government, or organization, including an organization that is described in section 501(c)(3) of the Internal Revenue Code and exempt from taxation under section 501(a) of such Code, that has—

(AA) a net worth of not more than $7,000,000, including both personal and business interests; and

(BB) not more than 500 employees; or

(cc) a cooperative association (as that term is defined in section 15(a) of the Agriculture Marketing Act (12 U.S.C. 1141j(a))); and

(II) does not include a party to a suit brought pursuant to paragraph (1) otherwise described in clause (i) of this subparagraph that has sought to recover attorney or expert witness fees under this subsection in 3 or more instances in the 12-month period preceding the date on which the final order in such suit is issued, including in such suit.

(ii) Where 2 or more parties to a suit brought pursuant to paragraph (1) are co-plaintiffs and each such party individually is an eligible party, clause (i)(I) shall be applied to such parties collectively.

V Streamlining permitting process

VI Eliminating barriers to conservation

VII Restoring congressional intent