ESA Amendments Act of 2024
A BILL
To amend the Endangered Species Act of 1973 to optimize conservation through resource prioritization, incentivize wildlife conservation on private lands, provide for greater incentives to recover listed species, create greater transparency and accountability in recovering listed species, and limit reasonable and prudent measures.
Sec. 2 Endangered Species Act of 1973 definitions
Foreseeable future— The final rule titled “Endangered and Threatened Wildlife and Plants; Regulations for Listing Species and Designating Critical Habitat” (84 Fed. Reg. 45020; published August 27, 2019) shall have the force and effect of law with respect to the use of the term foreseeable future.
Habitat— Section 3(5) of the Endangered Species Act of 1973 (16 U.S.C. 1532(5)) is amended by adding at the end the following:
“(D) For the purposes of designating critical habitat under this Act, the term habitat means the abiotic and biotic setting that currently or periodically contains the resources and conditions necessary to support 1 or more life processes of a species.”
Environmental baseline— Section 7(a) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)) is amended by adding at the end the following:
“(5) For the purposes of carrying out a consultation under this section with respect to a threatened species or an endangered species, the term environmental baseline—
“(A) means the condition of the species or the critical habitat of the species in the action area, without the consequences to the species or the critical habitat of the species caused by the proposed action; and
“(B) includes—
“(i) the past and present effects of all Federal, State, and private actions and other human activities in the action area;
“(ii) the anticipated effects of each proposed Federal project within the action area for which a consultation under this section has been completed;
“(iii) the effects of State and private actions that are contemporaneous with the consultation in process; and
“(iv) the ongoing impacts to listed species or designated critical habitat from existing facilities or activities that are not caused by the proposed action or that are not within the discretion of the Federal action agency to modify.”
Sec. 3 Authorization of appropriations
Section 15 of the Endangered Species Act of 1973 (16 U.S.C. 1542) is amended—
in subsection (a)—
by striking “subsection (b), (c), and (d)” and inserting “subsections (b) and (c)”;
in paragraph (1)—
by striking “and” after “fiscal year 1991,”; and
by inserting “, and $302,025,000 for each of fiscal years 2025 through 2030” after “fiscal year 1992”;
in paragraph (2)—
by striking “and” after “fiscal years 1989 and 1990,”; and
by inserting “, and $116,630,000 for each of fiscal years 2025 through 2030” after “fiscal years 1991 and 1992”; and
in paragraph (3)—
by striking “and” after “fiscal years 1989 and 1990,”; and
by inserting “and $2,600,000 for each of fiscal years 2025 through 2030” after “fiscal years 1991 and 1992,”;
in subsection (b), by inserting “and $600,000 for each of fiscal years 2025 through 2030” after “1992”; and
in subsection (c)—
by striking “and” after “fiscal years 1988, 1989, and 1990,”; and
by inserting “and $9,900,000 for each of fiscal years 2025 through 2030,” after “fiscal years 1991 and 1992,”.
Sec. 4 Rule of construction
Nothing in this Act or the amendments made by this Act may be construed to enlarge or diminish the authority, jurisdiction, or responsibility of a State (as that term is defined in section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532)) to manage, control, or regulate fish and wildlife on lands and waters, including Federal lands and waters, within the State.