Overview

Title

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.

ELI5 AI

H.R. 9533 wants to help save animals and plants that are in danger by giving rewards to people who protect them, especially on their own land, and by making the rules easier to understand. It also tries to make sure that people who make these decisions are open about what they're doing and why.

Summary AI

H.R. 9533 proposes changes to the Endangered Species Act of 1973 to enhance conservation efforts by focusing resources effectively and offering incentives for wildlife conservation on private lands. The bill aims to provide better incentives for recovering endangered species, improve transparency and accountability in recovery efforts, and restrict certain conservation measures that could be deemed too aggressive. It includes provisions for prioritizing species listings, promoting conservation agreements with private landowners, and limiting the economic and regulatory impact of conservation rules. Additionally, the bill seeks to increase openness about the costs and effects of listing decisions and enhance cooperation with state, local, and tribal governments.

Published

2024-12-16
Congress: 118
Session: 2
Chamber: HOUSE
Status: Reported in House
Date: 2024-12-16
Package ID: BILLS-118hr9533rh

Bill Statistics

Size

Sections:
18
Words:
7,556
Pages:
38
Sentences:
136

Language

Nouns: 2,028
Verbs: 633
Adjectives: 374
Adverbs: 40
Numbers: 361
Entities: 316

Complexity

Average Token Length:
4.20
Average Sentence Length:
55.56
Token Entropy:
5.39
Readability (ARI):
29.43

AnalysisAI

General Summary of the Bill

The legislation at hand proposes amendments to the Endangered Species Act of 1973, aiming to enhance the conservation of endangered and threatened species. The bill, titled "ESA Amendments Act of 2024," outlines several key objectives. These include optimizing conservation through prioritized resource allocation, incentivizing wildlife conservation on private lands, and promoting transparency and accountability in species recovery efforts. The bill seeks to establish incentives for the recovery of listed species and introduces measures to limit what it describes as "reasonable and prudent measures."

Summary of Significant Issues

One of the major concerns about this bill is the allocation of substantial funds without a detailed breakdown or oversight mechanisms, which raises questions about potential wasteful spending. The language in certain sections, such as those referring to environmental and procedural definitions, appears ambiguous and allows for broad interpretation, posing challenges to consistent application. Additionally, the bill includes provisions that could limit the ability of federal agencies to mitigate environmental impacts, potentially leading to increased environmental harm. The exemption of private lands from critical habitat designations under certain conditions appears to favor private landowners, which can be seen as ethically and politically contentious. Furthermore, the lack of specific criteria for awarding litigation costs and the possibility of restricting judicial reviews during monitoring periods could lead to interpretation challenges and limited legal recourse.

Impact on the Public

The bill's broad impact on the public lies in its attempt to refine how endangered species are managed and conserved. By focusing on resource prioritization and greater incentives for private conservation efforts, the legislation aims to align economic interests with ecological needs. However, the public’s understanding and engagement with these changes may be hindered by the complex language and specialized terminology used throughout the bill. Moreover, the possibility of limiting measures to mitigate environmental impacts could lead to increased environmental degradation, contrary to public interest in conservation.

Impact on Specific Stakeholders

Private landowners and industry stakeholders might find the bill advantageous due to incentives for conservation efforts on private lands and the potential exclusion of private lands from critical habitat designations. These provisions could align conservation incentives with land use without compromising economic productivity. Conversely, environmental organizations may find the bill's limitations on mitigating environmental impacts and its emphasis on economic and national security analyses concerning, as these could weaken protections for endangered species.

Federal agencies tasked with implementing the bill may face challenges due to ambiguities and the requirement for extensive data transparency. The legal and regulatory communities might also encounter difficulties because of the potential for varied interpretations of vague terms and the limitations on judicial reviews. Meanwhile, state and tribal governments could gain more access to data and involvement in decision-making processes, improving cooperation and local engagement in conservation efforts.

In conclusion, while the bill strives to improve endangered species conservation through resource prioritization and private incentive structures, it raises significant concerns about environmental protection efficacy, transparency, and fairness among stakeholders. The effects of these changes will depend heavily on the practical implementation and interpretation of the bill’s provisions.

Financial Assessment

In reviewing H.R. 9533, the financial aspects primarily come into focus in Section 3, which addresses the authorization of appropriations for the Endangered Species Act of 1973. This section outlines significant funding allocations for various aspects of the Act's mandates.

Appropriations Overview

The bill proposes substantial funding for fiscal years 2025 through 2030. Specific amounts mentioned include:

  • $302,025,000 annually for certain initiatives.
  • $116,630,000 for each fiscal year for another set of activities.
  • $2,600,000 annually directed towards additional efforts.
  • $600,000 each year for related activities.
  • $9,900,000 for each fiscal year for further unspecified uses.

These figures represent a considerable financial commitment by the federal government towards the conservation efforts prescribed by the amended Endangered Species Act.

Issue of Financial Oversight

A significant issue identified in the bill is the lack of detailed justification and specific oversight mechanisms for these large appropriations. Without clear guidelines on how these funds are to be allocated and monitored, there is a potential risk of inefficient use and wasteful spending. Financial transparency and detailed budgeting would help in assuaging concerns regarding the efficacy and accountability of such a significant expenditure.

Restrictions on Financial Transparency

Section 401 raises issues about potential inconsistencies in data availability related to endangered species listings. This section allows states to prevent the disclosure of data if their laws prohibit it. This could lead to challenges in verifying how appropriated funds are being utilized, as financial transparency is reliant on the broader availability of supporting data.

Incentives and Financial Exemptions

Section 201 touches upon financial considerations by providing for Candidate Conservation Agreements with Assurances. This includes exemptions from certain consultation requirements and limits on exposing private financial data. While intended to streamline agreements and provide certainty for landowners, there is a concern about the transparency and accountability of such arrangements. These financial exemptions could lead to questions regarding the ethical management of allocated funds meant to support conservation efforts.

Overall, while H.R. 9533 highlights a significant investment in conserving endangered species, the success of this financial outlay heavily depends on establishing robust oversight mechanisms and ensuring transparency at all levels of implementation.

Issues

  • The authorization of large appropriations for fiscal years 2025 through 2030 in Section 3 lacks detailed justification, specific allocation, or oversight mechanisms, raising concerns about potential wasteful spending and financial transparency.

  • Section 501's limitation on reasonable and prudent measures may restrict the ability of federal agencies or applicants to mitigate environmental impacts, potentially leading to greater environmental harm, which is politically and ethically significant.

  • Section 202 could appear to favor private landowners by excluding privately owned or managed lands from critical habitat designations under certain conditions, raising ethical and fairness concerns.

  • The ambiguity and potential for broad interpretation in the terms 'foreseeable future' and 'environmental baseline' in Section 2 could lead to inconsistent applications, impacting legal and environmental outcomes.

  • The process and criteria for priority classification of species in Section 101 lack transparency and could lead to delays in necessary conservation actions due to the 5-year retention extension for certain species.

  • Section 405's requirement for an analysis of the economic and national security impacts of endangered or threatened status designations raises issues due to its lack of specificity in measuring these effects, potentially leading to inconsistent analyses.

  • The legislation's complex language and technical jargon, as seen in multiple sections including Sections 3 and 302, may be difficult for laypersons to understand, affecting public engagement and transparency.

  • The omission of detailed criteria for awarding litigation costs to prevailing parties in Section 404 may lead to interpretation issues and inconsistent application, which is significant legally.

  • Section 201's lack of transparency and accountability in the exemption of private data and from consultation requirements for Candidate Conservation Agreements with Assurances could impact ethical governance and effective conservation.

  • Section 401 allows states to prevent the disclosure of data if their laws prohibit it, potentially leading to inconsistencies and lack of transparency in data availability related to endangered species listings.

  • Judicial review restrictions during the monitoring period in Section 303 may limit legal recourse or oversight, preventing corrections of potential errors in species removal decisions.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; table of contents Read Opens in new tab

Summary AI

The text outlines the "ESA Amendments Act of 2024," which updates the Endangered Species Act of 1973. It includes the Act's sections and titles, covering topics like conservation prioritization, wildlife preservation on private lands, and increasing transparency and accountability in the process of recovering endangered species.

2. Endangered Species Act of 1973 definitions Read Opens in new tab

Summary AI

This section modifies the Endangered Species Act of 1973 by defining three terms: "foreseeable future," "habitat," and "environmental baseline," to provide clarity for decisions regarding endangered and threatened species. "Foreseeable future" is based on an existing rule, "habitat" includes areas that support life processes of a species, and "environmental baseline" describes the condition of species' habitats considering various human and natural factors.

3. Authorization of appropriations Read Opens in new tab

Summary AI

The amendment updates the Endangered Species Act of 1973 to authorize new funding levels for various sections of the Act, allocating specific amounts for each fiscal year from 2025 to 2030. The changes increase the funds available, with amounts designated for different components of the Act ranging from $600,000 to over $302 million annually.

Money References

  • Section 15 of the Endangered Species Act of 1973 (16 U.S.C. 1542) is amended— (1) in subsection (a)— (A) by striking “subsection (b), (c), and (d)” and inserting “subsections (b) and (c)”; (B) in paragraph (1)— (i) by striking “and” after “fiscal year 1991,”; and (ii) by inserting “, and $302,025,000 for each of fiscal years 2025 through 2030” after “fiscal year 1992”; (C) in paragraph (2)— (i) by striking “and” after “fiscal years 1989 and 1990,”; and (ii) by inserting “, and $116,630,000 for each of fiscal years 2025 through 2030” after “fiscal years 1991 and 1992”; and (D) in paragraph (3)— (i) by striking “and” after “fiscal years 1989 and 1990,”; and (ii) by inserting “and $2,600,000 for each of fiscal years 2025 through 2030” after “fiscal years 1991 and 1992,”; (2) in subsection (b), by inserting “and $600,000 for each of fiscal years 2025 through 2030” after “1992”; and (3) in subsection (c)— (A) by striking “and” after “fiscal years 1988, 1989, and 1990,”; and (B) by inserting “and $9,900,000 for each of fiscal years 2025 through 2030,” after “fiscal years 1991 and 1992,”. ---

4. Rule of construction Read Opens in new tab

Summary AI

The section explains that nothing in the Act or its amendments is intended to change the powers or duties of a state in managing fish and wildlife on lands and waters within the state, including federal areas.

101. Prioritization of listing petitions, reviews, and determinations Read Opens in new tab

Summary AI

The section modifies the Endangered Species Act by requiring the Secretary to create and submit a five-year national listing work plan to Congress for evaluating species for endangered status, using a priority system to classify species based on urgency and available data, and allowing revisions and extensions of classifications. The section also clarifies that the work plan's classification system does not limit the Secretary's emergency listing authority and allows for judicial review of specific findings.

201. Candidate Conservation Agreements with Assurances Read Opens in new tab

Summary AI

The section amends the Endangered Species Act of 1973 to outline the procedures for Candidate Conservation Agreements with Assurances (CCAAs), allowing commitments from parties to help conserve certain species. It provides guidelines for approval, defines relevant terms, and stipulates that parties won't face additional conservation measures if a species becomes officially listed after joining a CCAA.

202. Designation of critical habitat Read Opens in new tab

Summary AI

The bill proposes changes to the Endangered Species Act to prevent the Secretary from designating privately owned or controlled land as critical habitat if it is part of a cooperative land management plan that aims to conserve species efficiently. It also requires that the Secretary consider the impact on existing conservation efforts by private landowners when designating critical habitats.

301. Protective regulations under Endangered Species Act of 1973 Read Opens in new tab

Summary AI

The text describes proposed changes to the Endangered Species Act of 1973, specifically focusing on how protective regulations are developed for threatened species. It outlines responsibilities for the Secretary to set recovery goals, allow for decreasing regulation as recovery goals are met, and enable State management, among other cooperative processes, while detailing how recovery strategies are evaluated and potentially adopted or revised.

302. 5-year review determinations Read Opens in new tab

Summary AI

The text amends the Endangered Species Act of 1973 to require that, within 30 days after making certain determinations, the Secretary must start a rulemaking process to implement those decisions.

303. Judicial review during monitoring period Read Opens in new tab

Summary AI

The amendment to the Endangered Species Act specifies that once a species is removed from the endangered list, this decision cannot be challenged in court during the set monitoring period.

304. Codification of regulation Read Opens in new tab

Summary AI

The section states that a rule published on August 27, 2019, about protecting endangered and threatened wildlife and plants, will now be treated as law.

401. Requirement to publish basis for listings on Internet Read Opens in new tab

Summary AI

The amendment to the Endangered Species Act requires the Secretary to share online the scientific and commercial data used to propose new regulations, unless a state requests confidentiality under its laws or regulations. Additionally, an agreement must be made with the Secretary of Defense to keep classified military information private.

402. Decisional transparency and use of State, Tribal, and local information Read Opens in new tab

Summary AI

The legislation modifies the Endangered Species Act to increase transparency by requiring that affected states receive the data used for decisions about endangered species. It also clarifies that "best scientific and commercial data available" includes data provided by State, Tribal, or county governments.

403. Disclosure of expenditures under Endangered Species Act of 1973 Read Opens in new tab

Summary AI

The section amends the Endangered Species Act of 1973 to require the Secretary of the Interior, with the Secretary of Commerce, to report and publicly share detailed information about government expenses related to lawsuits filed under the Act. This includes creating an online database with specifics about each lawsuit, such as case name, agency involvement, and attorney fees, while ensuring confidential information remains protected.

13. Disclosure of expenditures Read Opens in new tab

Summary AI

The section requires the Secretary of the Interior, with input from the Secretary of Commerce, to annually report federal spending related to legal cases involving certain government agencies and provide a public, online database of this information. It also defines terms like "covered agency" and "covered suit," and outlines specific details to be included in the reports, such as case names, agency expenditures, and attorney fees.

404. Award of litigation costs to prevailing parties in accordance with existing law Read Opens in new tab

Summary AI

The section amends the Endangered Species Act to change how legal fees are awarded to winning parties, specifying that it should follow existing laws in the United States Code, rather than being left to the court's discretion.

405. Analysis of impacts and benefits of determination of endangered or threatened status Read Opens in new tab

Summary AI

The bill amends the Endangered Species Act to require the Secretary of the Interior to analyze the economic, national security, and other relevant effects when determining if a species is endangered or threatened. However, this analysis should not cause delays or alter the criteria for making such determinations.

501. Limitation on reasonable and prudent measures Read Opens in new tab

Summary AI

Section 501 updates the Endangered Species Act to specify that any measures to minimize impacts on endangered species should not require a federal agency or applicant to mitigate or offset those impacts.