ESA Amendments Act of 2025

(j) National listing work plan

(1) In general. Not later than the date described in paragraph (2), the Secretary shall submit to Congress a national listing work plan that establishes, for each covered species, a schedule for the completion during the 5-fiscal year period beginning on October 1 of the first fiscal year after the date of the submission of the work plan of—

(A) findings as described in subsection (b)(3)(B);

(B) any proposed or final determination under subsection (a)(1) required by a court order, court decree, or court-approved settlement agreement; and

(C) any proposed or final designation of critical habitat under subsection (a)(3) required by a court order, court decree, or court-approved settlement agreement.

(2) Submission to Congress

(A) In general. The Secretary shall submit to Congress—

(i) together with the budget request of the Secretary for the first fiscal year that begins not less than 365 days after the date of the enactment of this subsection, the initial work plan required under paragraph (1); and

(ii) together with the budget request of the Secretary for each fiscal year thereafter, an updated work plan under paragraph (1).

(B) Additional inclusions. The Secretary shall include with each budget request referred to in subparagraph (A) a description of the amounts to be requested to carry out the work plan for the fiscal year covered by the budget request, including any amounts requested to address potential future listings of species considered on an emergency basis in that fiscal year.

(3) Priority

(A) In general. In developing a work plan under this subsection, the Secretary shall assign to each species included in the work plan a priority classification of Priority 1 through Priority 5, such that, as determined by the Secretary, the following apply:

(i) Priority 1 represents species of the highest priority, to be designated as critically imperiled and in need of immediate action.

(ii) Priority 2 represents species with respect to which the best scientific and commercial data available support a clear decision regarding the status of the species.

(iii) Priority 3 represents species with respect to which studies regarding the status of the species are being carried out—

(I) to answer key questions that may influence the findings of a petition to list the species submitted under subsection (b)(3); and

(II) to resolve any uncertainty regarding the status of the species within a reasonable timeframe.

(iv) Priority 4 represents species for which proactive conservation efforts likely to reduce the effects of the factors described in subparagraphs (A) through (E) of subsection (a)(1) on the species are being developed or carried out, within a reasonable timeframe and in an organized manner, by Federal agencies, States, landowners, or other stakeholders.

(v) Priority 5 represents species—

(I) for which there exists little information regarding—

(aa) the effects of the factors described in subparagraphs (A) through (E) of subsection (a)(1) on to the species; or

(bb) the status of the species; or

(II) that would receive limited conservation benefit in the foreseeable future by listing the species as a threatened species or endangered species under this section.

(B) Use of methodology. The Secretary shall establish and assign priority classifications under subparagraph (A) in accordance with the notice of the Director of the United States Fish and Wildlife Service titled Methodology for Prioritizing Status Reviews and Accompanying 12–Month Findings on Petitions for Listing Under the Endangered Species Act (81 Fed. Reg. 49248; published July 27, 2016), or any successor document.

(C) Extensions for certain priority classifications

(i) Priority 3. With respect to a species classified as Priority 3 under subparagraph (A)(iii), if the Secretary determines that additional time would allow for more complete data collection or the completion of studies relating to the species, the Secretary may retain the species under the work plan for a period of not more than 5 years after the deadline under paragraph (4).

(ii) Priority 4. With respect to a species classified as Priority 4 under subparagraph (A)(iv), if the Secretary determines that existing conservation efforts continue to meet the conservation needs of the species, the Secretary may retain the species under the work plan for a period of not more than 5 years after the deadline under paragraph (4).

(iii) Priority 5. With respect to a species classified as Priority 5 under subparagraph (A)(v), the Secretary may retain the species under the work plan for a period of not more than 5 years after the deadline under paragraph (4).

(D) Revision of priority classification. The Secretary may revise, in accordance with subparagraph (A), the assignment to a priority classification of a species included in a work plan at any time.

(E) Effect of priority classification. The assignment of a priority classification to a species included in a work plan is not a final agency action.

(4) Deadline. The Secretary shall act on any petition to add a species to a list published under subsection (c) submitted under subsection (b)(3) not later than the last day of the fiscal year specified for that petition in the most recent work plan.

(5) Regulations. The Secretary may issue such regulations as the Secretary determines appropriate to carry out this subsection.

(6) Effect of subsection. Nothing in this subsection may be construed to preclude or otherwise affect the emergency listing authority of the Secretary under subsection (b)(7).

(7) Definitions. In this subsection:

(A) Covered species. The term covered species means a species that is not included on a list published under subsection (c)—

(i) for which a petition to add the species to such a list has been submitted under subsection (b)(3); or

(ii) that is otherwise under consideration by the Secretary for addition to such a list.

(B) Work plan. The term work plan means the national listing work plan submitted by the Secretary under paragraph (1).