ESA Amendments Act of 2025
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The bill would rewrite major parts of the Endangered Species Act, renaming it the Endangered Species Recovery Act, replacing the 12-month deadline for listing decisions with a flexible five-year national work plan, narrowing what land can be designated as critical habitat, and letting states take over managing threatened species recovery.
It would also create new voluntary conservation agreements for private landowners, exempt certain permits from environmental review, cap attorneys' fees in citizen lawsuits, and reauthorize the Act's funding through 2031 — changes supporters call streamlining and critics call a broad rollback of species protections.
What this bill would do
What it would do
The bill would rename the Endangered Species Act of 1973 the "Endangered Species Recovery Act" and reauthorize its funding through fiscal year 2031. It would replace the current 12-month deadline for acting on listing petitions with a five-year national work plan that prioritizes species by category, narrow the definition of "habitat" and limit what land can be designated as critical habitat (including excluding privately owned land under qualifying conservation plans), and let states petition to take over recovery management of threatened species. It would create statutory "Conservation Benefit Agreements" letting private landowners voluntarily protect candidate species in exchange for assurance against future restrictions, exempt certain incidental-take permits and agreements from environmental review, limit what effects agencies must consider during interagency consultations, restrict judicial review of some agency decisions, and cap attorneys' fees awarded to prevailing parties in citizen suits at $125/hour and $200,000 per suit. It would not repeal the Act's core listing and consultation framework, and species already listed would remain listed unless delisted under the bill's new criteria. Many changes take effect through future rulemakings and work plans rather than immediately altering existing designations.
Key provisions
- 1Would replace the 12-month listing petition deadline with a five-year national listing work plan that prioritizes species by category
- 2Would create statutory Conservation Benefit Agreements letting landowners protect candidate species in exchange for regulatory assurances
- 3Would exempt certain incidental take permits and conservation agreements from environmental review and consultation requirements
- 4Would narrow the definition of habitat and limit critical habitat designations, including excluding qualifying privately owned land
- 5Would allow states to submit recovery strategies for threatened species and take over management if approved
- 6Would cap attorneys' fees awarded to prevailing parties in citizen suits at $125 per hour and $200,000 per case
- 7Would reauthorize appropriations for the Act through fiscal year 2031
Who would be affected
Private landowners, ranchers, timber and energy developers whose projects require federal permits, the Fish and Wildlife Service and National Marine Fisheries Service, states seeking recovery management authority, environmental and conservation groups that litigate under the Act, and any wildlife species currently listed or under consideration for listing.
Why it matters
The bill would loosen several protections that currently drive listing timelines, critical habitat size, and permitting reviews, potentially speeding project approvals and reducing land-use restrictions for landowners and developers. It would also make it harder for environmental groups to sue over agency decisions and recover legal fees, changing how species protections are enforced and challenged in court.
What would change
Changes to existing law
Reauthorizes Endangered Species Act of 1973 (Sec. 3, Sec. 5)
Extends authorized appropriation levels through fiscal years 2026-2031 and renames the Act the Endangered Species Recovery Act
Amends Endangered Species Act of 1973 - Section 4 (16 U.S.C. 1533) (Sec. 101, Sec. 304, Sec. 307)
Replaces the 12-month listing deadline with a five-year work plan, narrows critical habitat criteria, and adds delisting criteria
Amends Endangered Species Act of 1973 - Section 7 (16 U.S.C. 1536) (Sec. 501-506)
Limits what effects agencies consider in consultations, restricts reasonable and prudent measures, and expands the exemption process
Amends Endangered Species Act of 1973 - Section 10 (16 U.S.C. 1539) (Sec. 201-203)
Adds statutory Conservation Benefit Agreements and exempts certain permits from NEPA and consultation requirements
Amends Endangered Species Act of 1973 - Section 11 (16 U.S.C. 1540) (Sec. 404, Sec. 701)
Caps attorneys' fees for prevailing parties in citizen suits and limits agency rulemaking authority to enforcement provisions
Amends Endangered Species Act of 1973 - Section 13 (Sec. 403)
Replaces the section to require an annual public report and searchable database of litigation expenditures under the Act
Amends National Environmental Policy Act of 1969 (Sec. 201, Sec. 203)
Exempts approval of Conservation Benefit Agreements and issuance of incidental take permits from major federal action review
Agencies directed to act
Effective dates
- Initial national listing work plan submitted with budget request
- Agreement with Secretary of War to prevent disclosure of classified data
- Reauthorized appropriations for the Endangered Species Act
Funding and costs
- $287,978,000
general Endangered Species Act implementation activities
- $105,400,000
Endangered Species Act cooperative programs with states
- $2,600,000
Endangered Species Act related activities
- $600,000
Endangered Species Act related activities under subsection (b)
- $9,900,000
Endangered Species Act related activities under subsection (c)
How implementation would work
The Fish and Wildlife Service and National Marine Fisheries Service would develop and submit to Congress an initial national listing work plan with their budget request roughly a year after enactment, then update it annually, assigning each candidate species a priority tier that determines its listing timeline. Agencies would issue new regulations to implement protective-regulation and critical-habitat provisions, review private landowners' Conservation Benefit Agreement proposals within 120 days, and states could submit recovery strategies for Secretarial approval within similar windows. The Council on Environmental Quality would publish an annual public database of litigation expenditures, and agencies would notify Congress of large critical-habitat designations and species releases.
Legislative status & sources
Latest action
Rules Committee Resolution H. Res. 1189 Reported to House. Rule provides for consideration of H.R. 4690, H. Res. 1182, H.R. 1897 and H.R. 5587. The resolution provides for consideration of H.R. 4690, H. Res. 1182, H.R. 1897, and H.R. 5587 under a closed rule with one hour of general debate on each measure. The resolution provides for one motion to recommit on H.R. 4690, H.R. 1897, and H.R. 5587.
Official CRS summary
Show the CRS summaryHide the CRS summary
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.
Legislative subjects
Administrative law and regulatory procedures; Civil actions and liability; Congressional oversight; Department of the Interior; Endangered and threatened species; Environmental Protection; Environmental assessment, monitoring, research; Government ethics and transparency, public corruption; Government information and archives; Judicial review and appeals; Public participation and lobbying; Public-private cooperation; State and local government operations; Wildlife conservation and habitat protection
Committee report
H. Rept. 119-568