HR3188119th Congress

Migratory Bird Protection Act of 2025

Sponsored By: Representative Rep. Huffman, Jared [D-CA-2]

Introduced

Summary

Explicitly regulate and fund incidental take of migratory birds. This bill would create a federal permit-and-fee system for incidental take, add civil-penalty authority, require research and reporting, and align Migratory Bird Treaty Act administration under the Department of the Interior and the U.S. Fish and Wildlife Service.

Show full summary
  • Companies and project developers would need authorization to incidentally take migratory birds, pay program fees, and could face civil penalties up to $10,000 per violation for unauthorized take.
  • Conservation groups, researchers, and bird populations would get a dedicated Migratory Bird Recovery Fund funded by fees, penalties, donations and appropriations, a required research program, and biennial reports on a five-year cycle to Congress. The bill authorizes $10.0 million in annual appropriations to support these activities.
  • Federal regulators would be realigned to the Secretary of the Interior acting through the Director of the U.S. Fish and Wildlife Service, must follow Director’s Order No. 225 while new rules are developed, and must provide notice and an opportunity for a hearing before assessing penalties.

*This bill would authorize $10.0 million in annual appropriations for the incidental-take program, increasing federal spending for bird recovery and program administration.*

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 1 costs, 2 mixed.

Bird research and five-year reports

The Interior Department would set up a research program with universities, conservation groups, and industry. It would track bird numbers, study stressors, and test ways to reduce harm. The Secretary would report to Congress within five years and then every five years.

New permits and fines for businesses harming birds

Businesses and landowners would need authorization to incidentally harm migratory birds, nests, or eggs. The Interior Secretary could issue general permits and set rules. Until industry rules are issued, the agency would keep enforcing a 2021 Director’s Order. Without authorization, violators could face civil fines up to $10,000 per violation, after notice and an on-the-record hearing. Reckless or grossly negligent conduct would face tougher existing penalties, and the agency could seek court orders to stop violations.

Permit fees and new Migratory Bird Fund

The Interior Secretary could charge fees to issue and run incidental-take permits. Money would fund permit administration and bird conservation, including species of concern. A Migratory Bird Recovery Fund in the Treasury would hold fees, some penalties, donations, and appropriations. Congress would be authorized to provide $10 million each year after enactment to carry out this section. Applicants would pay these fees when seeking authorization.

Shifts bird law administration to Interior

The bill would define the “Secretary” as the Interior Secretary acting through the Fish and Wildlife Service Director. It would adopt the Higher Education Act definition of “institution of higher education.” It would align references in the Migratory Bird Treaty Act toward Interior staff.

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Sponsors & CoSponsors

Sponsor

Rep. Huffman, Jared [D-CA-2]

CA • D

Cosponsors

  • Rep. Fitzpatrick, Brian K. [R-PA-1]

    PA • R

    Sponsored 5/5/2025

  • Rep. Kamlager-Dove, Sydney [D-CA-37]

    CA • D

    Sponsored 7/21/2025

  • Rep. Pingree, Chellie [D-ME-1]

    ME • D

    Sponsored 7/21/2025

  • Rep. Case, Ed [D-HI-1]

    HI • D

    Sponsored 7/21/2025

  • Rep. Lofgren, Zoe [D-CA-18]

    CA • D

    Sponsored 7/21/2025

  • Rep. Chu, Judy [D-CA-28]

    CA • D

    Sponsored 9/15/2025

  • Rep. Thompson, Mike [D-CA-4]

    CA • D

    Sponsored 12/2/2025

  • Rep. Beyer, Donald S. [D-VA-8]

    VA • D

    Sponsored 12/3/2025

  • Rep. Krishnamoorthi, Raja [D-IL-8]

    IL • D

    Sponsored 12/3/2025

  • Del. Norton, Eleanor Holmes [D-DC-At Large]

    DC • D

    Sponsored 12/3/2025

  • Rep. Quigley, Mike [D-IL-5]

    IL • D

    Sponsored 4/9/2026

  • Rep. Mullin, Kevin [D-CA-15]

    CA • D

    Sponsored 4/9/2026

  • Rep. Garcia, Sylvia R. [D-TX-29]

    TX • D

    Sponsored 4/16/2026

Roll Call Votes

No roll call votes available for this bill.

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