Summary
Changes the Endangered Species Act to focus more on species recovery, give private landowners more say, and make the protection process more open.
What does this bill do?
Reference
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Section:
Sec. 5
Header:
Renaming of Endangered Species Act of 1973 to Endangered Species Recovery Act
Renames the Endangered Species Act
Changes the name of the 'Endangered Species Act of 1973' to the 'Endangered Species Recovery Act' to emphasize recovery over just listing species.
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Section:
Sec. 101
Header:
Prioritization of listing petitions, reviews, and determinations
Creates a national listing work plan
Requires the government to create a public 5-year plan that prioritizes which species will be considered for listing as threatened or endangered.
Establishes Conservation Benefit Agreements
Allows private landowners, states, and tribes to enter into agreements to protect at-risk species. In return, they get a promise that no new land use rules will be added if the species is later listed.
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Section:
Sec. 404
Header:
Award of litigation costs to prevailing parties in accordance with existing law
Limits lawsuit costs
Caps the amount of money for lawyer fees that can be won in lawsuits against the government under this act. The limit is set to $125 per hour and a total of $200,000 per case.
Reference
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Section:
Sec. 405
Header:
Analysis of impacts and benefits of determination of endangered or threatened status
Requires economic impact analysis
Requires the government to analyze the economic effects and other impacts of listing a species, but states this analysis should not change the final decision.
Changes rules for critical habitat
Makes it easier for the government to decide not to protect a 'critical habitat' for a species and requires it to consider excluding private land from these areas.
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Section:
Sec. 401
Header:
Requirement to publish basis for listings and critical habitat designations online
Makes listing data public
Requires the government to post all scientific and commercial data used in listing decisions on a public website.
Exempts some permits from environmental review
States that issuing certain permits for activities that might harm endangered species will no longer be considered a 'major Federal action', exempting them from review under the National Environmental Policy Act (NEPA).
Authorizes funding for species protection
Approves funding for government agencies to carry out the act from 2026 through 2031, with specific amounts set for different departments.
Reference
Text:
Section:
Sec. 301
Header:
Protective regulations under Endangered Species Act of 1973
Changes rules for threatened species
Requires that special rules for threatened species consider economic effects and include clear goals for recovery. It also allows states to create their own recovery plans for the government to adopt.
Who does this affect?
- Private landowners
- Federal and state wildlife agencies
- Environmental organizations
- Industries using federal lands
What is the real world impact?
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Encourages private conservation
Creates 'Conservation Benefit Agreements' to reward landowners, states, and tribes for helping to protect species before they are officially listed as endangered. This gives them assurances that no new rules will be placed on their land if the species is listed later.
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Increases transparency and cost analysis
Requires the government to publish all the scientific data it uses to make decisions. It also mandates annual reports on how much money is spent on lawsuits related to the act, making the process more open to the public.
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Streamlines government processes
Aims to make government decisions faster by setting up a 5-year work plan for listing species and simplifying the permit process. This could speed up both conservation actions and development projects.
What problem does this solve?
Some believe the current rules for protecting animals are too slow, costly, and don't work well with private landowners. This bill tries to fix this by speeding up decisions, adding cost reports, and creating new ways for landowners to help with conservation.
When does this start?
The changes would take effect when the bill becomes law, with specific deadlines for certain reports and plans.
National listing work plan
The first 5-year work plan for listing species must be submitted with the budget request for the first fiscal year that starts at least one year after the bill becomes law.
Conservation Benefit Agreement review
The government must decide if a proposed conservation agreement is complete within 30 days and must approve or deny a complete agreement within 120 days.
Annual litigation cost report
A report detailing all government spending on lawsuits related to the act must be submitted to Congress within 90 days after the end of each fiscal year.