ESA Amendments Act of 2025
Sponsored By: Representative Westerman, Bruce [R-AR-4]
In Committee
Summary
This bill would rename the Endangered Species Act and prioritize species recovery by reorganizing how species are listed, how recovery goals are written, and how conservation deals are approved. It would expand state roles, create formal Conservation Benefit Agreements that streamline permits, and add dedicated funding for listings and recovery work.
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 3 benefits, 0 costs, 3 mixed.
More federal funding for conservation
If enacted, the bill would add specified annual funding for species conservation for fiscal years 2026 through 2031. It would add $287,978,000 each year to subsection (a)(1); $105,400,000 each year to subsection (a)(2); $2,600,000 each year to subsection (a)(3); $600,000 each year to subsection (b); and $9,900,000 each year to subsection (c). Those amounts would be available each year from FY2026 through FY2031 to support listing, recovery, and related services.
Caps and disclosure for ESA lawsuits
If enacted, the bill would let courts award attorney and expert witness fees to eligible parties in certain ESA suits but would cap awards. Hourly fees generally could not exceed $125 per hour unless the court finds a higher rate justified. Total fee awards would be capped at $200,000 per suit. Eligible parties would include individuals with net worth up to $2,000,000 and unincorporated businesses or organizations with net worth up to $7,000,000 and no more than 500 employees, with some exclusions for frequent fee seekers. The bill would also require CEQ to send an annual report within 90 days after each fiscal year and to run a public, searchable database, updated monthly, showing federal spending on covered ESA suits, including attorneys' fees and other costs.
Conservation Benefit Agreement program
If enacted, the bill would create a Conservation Benefit Agreement (CBA) program. Landowners and other covered parties would submit proposed CBAs to the Secretary. The Secretary would decide completeness within 30 days and approve or reject a complete CBA within 120 days. Approved CBAs would promise that if a species is later listed, no additional conservation rules or land, water, or resource-use limits would be imposed beyond the Agreement. Some programmatic CBAs could let parties hold permits, enroll others, and transfer permit authorizations. Certain CBA approvals and permits would not count as major federal actions under NEPA and would generally avoid Section 7 consultation.
Easier trade for non-native species
If enacted, the bill would let importers, exporters, dealers, and institutions trade species that are not native to the United States more easily. Exports or imports of non-native species listed in CITES Appendix I or II would not need an ESA export/import permit when all CITES requirements and the specified Section 9 conditions are met. For non-native species generally, the Secretary could allow acts otherwise banned by Section 9 if the agency finds the act is "not detrimental to the survival of the species," including export, import, transport, and sale in commerce.
Faster listing and habitat rules
If enacted, the bill would require a national 5-fiscal-year Listing Work Plan for covered species and annual updates with the Secretary's budget. The Secretary would assign Priority 1–5 rankings and may allow limited extensions for lower priorities. The bill would require the Secretary to prepare economic, national security, and human health analyses at the same time as listing decisions, and to consider State, Tribal, and local data. The Secretary must start rulemaking within 30 days after certain determinations and post annual Fish and Wildlife cost analyses, including experimental-population spending. For proposed critical habitat or experimental population releases over 50,000 acres, the Secretary would notify two Congressional committees and provide detailed economic and use analyses. The bill would also allow exclusion of some private land from critical habitat when qualifying conservation plans exist and require draft and final economic/exclusion analyses.
Limits on consultations and exemptions
If enacted, the bill would narrow Section 7 consultations to consider only effects caused by the federal action and reasonably certain to occur. The Secretary would give a written statement after consultation describing effects in the direct action area, and would treat proposed avoidance or mitigation as beneficial. The bill would add a new exemption process so agencies, a State Governor, or permit applicants could seek exemptions when compliance would harm national security or cause major national or regional economic impacts; the record must include NSC and NEC input. The bill would also limit the Secretary's independent rulemaking power in one enforcement subsection and allow State management of threatened species as recovery goals are met. The bill would bar judicial review of delisting decisions during the law's monitoring period.
Sponsors & CoSponsors
Sponsor
Westerman, Bruce [R-AR-4]
AR • R
Cosponsors
Hageman
WY • R
Sponsored 3/6/2025
Stauber
MN • R
Sponsored 3/6/2025
Tiffany
WI • R
Sponsored 3/6/2025
Rep. Gosar, Paul A. [R-AZ-9]
AZ • R
Sponsored 3/6/2025
Rep. Hurd, Jeff [R-CO-3]
CO • R
Sponsored 3/6/2025
Rep. Newhouse, Dan [R-WA-4]
WA • R
Sponsored 3/6/2025
Bentz
OR • R
Sponsored 3/6/2025
Fulcher
ID • R
Sponsored 3/6/2025
Rep. Begich, Nicholas J. [R-AK-At Large]
AK • R
Sponsored 3/6/2025
Rep. Ezell, Mike [R-MS-4]
MS • R
Sponsored 3/6/2025
Amodei (NV)
NV • R
Sponsored 3/6/2025
Hunt
TX • R
Sponsored 3/6/2025
Maloy
UT • R
Sponsored 3/6/2025
Rep. Biggs, Andy [R-AZ-5]
AZ • R
Sponsored 3/6/2025
LaMalfa
CA • R
Sponsored 3/6/2025
Rep. Boebert, Lauren [R-CO-4]
CO • R
Sponsored 3/10/2025
McDowell
NC • R
Sponsored 3/10/2025
Rep. Collins, Mike [R-GA-10]
GA • R
Sponsored 3/14/2025
Rep. Calvert, Ken [R-CA-41]
CA • R
Sponsored 3/14/2025
Rep. Walberg, Tim [R-MI-5]
MI • R
Sponsored 3/18/2025
Rep. Downing, Troy [R-MT-2]
MT • R
Sponsored 4/8/2025
Rep. Higgins, Clay [R-LA-3]
LA • R
Sponsored 5/15/2025
Rep. Grothman, Glenn [R-WI-6]
WI • R
Sponsored 5/20/2025
Latta
OH • R
Sponsored 5/20/2025
Rep. Rulli, Michael A. [R-OH-6]
OH • R
Sponsored 6/3/2025
Rep. Thompson, Glenn [R-PA-15]
PA • R
Sponsored 9/11/2025
Roll Call Votes
No roll call votes available for this bill.
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