H.R. 1897

ESA Amendments Act of 2025

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

Expand all

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

V Streamlining permitting process

Sec. 503. Clarifying jeopardy 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

… 2 unchanged passages …

(5) For (A) the In purposes carrying of out a consultation carried under out pursuant to paragraph (2) or a conference carried out under paragraph (4), the Secretary — (i) except as provided in clause (ii), may only determine consider that the effects of the action that is the subject of such consultation or conference is that likely the Secretary determines, based on clear and substantial information, using the best scientific and commercial data available, and in accordance with subparagraphs (B) and (C), respectively, are caused by the action itself and are reasonably certain to jeopardize occur; and (ii) shall consider as a beneficial effect of the continued action existence that is the subject of an such consultation or conference any avoidance, minimization, or mitigation measure proposed by the applicable species Federal agency or result the applicant, if any. (B) In determining whether an effect of an action described in subparagraph (A)(i) is caused by the destruction action itself, the Secretary shall consider whether— (i) the effect is so remote in time from the action under consultation that it is not reasonably certain to occur; (ii) the effect is so geographically remote from the immediate area involved in the action that it is not reasonably certain to occur; (iii) the effect is only reached through a lengthy causal chain such that the effect not reasonably certain to occur; (iv) the applicable Federal agency does not have the ability to prevent the effect due to its limited statutory authority; or adverse (v) modification would occur regardless of habitat whether the action is carried out. (C) In determining whether an effect of such an a action species described which in subparagraph (A)(i) is determined reasonably by certain to occur, the Secretary , after shall consultation consider as factors appropriate including the following: (i) Experiences with affected other States such actions that are similar in scope , nature, and magnitude to the applicable such action. (ii) Plans for such action. (iii) Any economic, administrative, or legal requirement necessary for the action to be critical carried if out that has not been fulfilled. (iv) Whether the effect has been observed previously and to what extent. (D) In carrying out a consultation under paragraph (2) or a conference under paragraph (4), the Secretary determines, may based not on consider an effect of the best action scientific that is the subject of such consultation or conference for which there is not clear and commercial substantial data information available, for the Secretary to base a determination on under subparagraph (A)(i) that the effects effect that of are the action is reasonably certain to be occur. caused (E) by In this paragraph, the action terms are effect likely of to the result action in and effects of the action itself mean causing a such consequence jeopardy or all consequences, respectively, to listed species or critical habitat that is or are caused by the proposed action .

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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 7(a) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)) is amended by adding at the end the following:

Text this section adds to the law

(5)

(A) In carrying out a consultation under paragraph (2) or a conference under paragraph (4), the Secretary—

(i) except as provided in clause (ii), may only consider the effects of the action that is the subject of such consultation or conference that the Secretary determines, based on clear and substantial information, using the best scientific and commercial data available, and in accordance with subparagraphs (B) and (C), respectively, are caused by the action itself and are reasonably certain to occur; and

(ii) shall consider as a beneficial effect of the action that is the subject of such consultation or conference any avoidance, minimization, or mitigation measure proposed by the applicable Federal agency or the applicant, if any.

(B) In determining whether an effect of an action described in subparagraph (A)(i) is caused by the action itself, the Secretary shall consider whether—

(i) the effect is so remote in time from the action under consultation that it is not reasonably certain to occur;

(ii) the effect is so geographically remote from the immediate area involved in the action that it is not reasonably certain to occur;

(iii) the effect is only reached through a lengthy causal chain such that the effect not reasonably certain to occur;

(iv) the applicable Federal agency does not have the ability to prevent the effect due to its limited statutory authority; or

(v) would occur regardless of whether the action is carried out.

(C) In determining whether an effect of an action described in subparagraph (A)(i) is reasonably certain to occur, the Secretary shall consider factors including the following:

(i) Experiences with other such actions that are similar in scope, nature, and magnitude to the applicable such action.

(ii) Plans for such action.

(iii) Any economic, administrative, or legal requirement necessary for the action to be carried out that has not been fulfilled.

(iv) Whether the effect has been observed previously and to what extent.

(D) In carrying out a consultation under paragraph (2) or a conference under paragraph (4), the Secretary may not consider an effect of the action that is the subject of such consultation or conference for which there is not clear and substantial information for the Secretary to base a determination on under subparagraph (A)(i) that the effect of the action is reasonably certain to occur.

(E) In this paragraph, the terms effect of the action and effects of the action mean a consequence or all consequences, respectively, to listed species or critical habitat that is or are caused by the proposed action.

VI Eliminating barriers to conservation

VII Restoring congressional intent