Sec. 4. Endangered Species Act of 1973 modifications
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Section 3 of the Endangered Species Act of 1973 ( 16 U.S.C. 1532 ) is amended— by redesignating paragraphs (6), (7), (8), (9), (10), (12), (13), (14), (15), (16), (17), (18), (19), (20), and
(21)as paragraphs (7), (8), (9), (10), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), and (22), respectively; by inserting after paragraph
(5)the following: The term destruction or adverse modification means a direct or indirect alteration that appreciably diminishes the value of critical habitat as a whole for the conservation of a listed species. ; and by inserting after paragraph
(10)(as so redesignated) the following: The term foreseeable future means an unspecific period of time in the future that is necessary for the Secretary to reasonably determine that future threats to a species, and the response of a species to those threats, are likely. . Section 4(a)(1) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(a)(1) ) is amended— in subparagraph (A)— by striking the and inserting The ; and by striking the semicolon at the end and inserting a period; in subparagraph (B)— by striking overutilization and inserting Overutilization ; and by striking the semicolon at the end and inserting a period; in subparagraph (C)— by striking disease and inserting Disease ; and by striking the semicolon at the end and inserting a period; in subparagraph (D)— by striking the and inserting The ; and by striking ; or and inserting a period; in subparagraph (E), by striking other and inserting Other ; and by adding at the end the following: Whether listing the species as an endangered species or a threatened species would result in economic or other impacts on landowners. . Section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ) is amended by adding at the end the following: The Secretary shall remove a species included on the list published pursuant to subsection
(c)if the Secretary determines, after conducting a review of the status of the applicable endangered species or threatened species using the best scientific and commercial data available, that— the listed species is extinct; the listed species is no longer an endangered species or a threatened species; or the listed species is not a species. . Section 4(a)(3) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(a)(3) ) is amended by adding at the end the following: The Secretary shall not designate habitat as critical habitat under this paragraph if— a species is threatened by taking or other human activity and identification of critical habitat can be expected to increase the degree of that threat to the species; the present or threatened destruction, modification, or curtailment of the habitat or range of a species— is not a threat to the species; or is solely a result of causes that cannot be addressed through management actions; areas within the jurisdiction of the United States provide no more than negligible conservation value, if any, for a species occurring primarily outside the jurisdiction of the United States; no areas of the habitat are critical habitat; or the Secretary otherwise determines that designation of the habitat as critical habitat would not be prudent based on the best scientific data available. . Section 3(5)(A) of the Endangered Species Act of 1973 ( 16 U.S.C. 1532(5)(A) ) is amended by striking clause
(ii)and inserting the following: specific areas outside the geographical area occupied by the species at the time the species is listed in accordance with section 4, as described in clause (i), if the Secretary determines that— the geographical area occupied by the species described in clause (i), at the time of the listing, is inadequate to ensure the conservation of the species; and it is reasonably certain that the specific area outside the geographical area occupied by the species— will contribute to the conservation of the species; and contains at least 1 physical or biological feature essential to the conservation of the species. . Section 4(d) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(d) ) is amended— in the first sentence, by striking Whenever any species and all that follows through the period at the end and inserting the following: Whenever any species is listed as a threatened species pursuant this section, the Secretary shall promulgate species-specific regulations that the Secretary determines are appropriate to provide for the conservation of the threatened species. ; in the second sentence, by striking The Secretary may by regulation and inserting the following: Subject to paragraph (3), the Secretary, by species-specific regulation, may ; and in paragraph
(2)(as so designated)— by inserting a comma after section 9(a)(2) ; and by striking endangered species; and all that follows through the period at the end and inserting the following: endangered species. With respect to the taking of resident species of fish or wildlife, a regulation promulgated under paragraph
(2)shall apply in any State which has entered into a cooperative agreement pursuant to section 6(c) only to the extent that the regulation has also been adopted by that State. . The amendments made by paragraph
(1)shall apply to species listed or reclassified as threatened species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ) on, prior to, or after the date of enactment of this Act. 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: On request of a Federal agency, and in cooperation with a prospective permit or license applicant, as applicable, the Secretary and the Federal agency shall initiate an expedited consultation with respect to an agency action that has minimal or predictable effects on a listed species or a critical habitat based on prior consultations the Federal agency has conducted with the Secretary under this subsection. Subject to clause (ii), if a Federal agency requests an expedited consultation under subparagraph
(A)after determining that the agency action to be carried out by the Federal agency has minimal or predictable effects on a listed species or a critical habitat, the Secretary shall, not later than 30 days after the date on which the Secretary receives the determination of the Federal agency, approve or deny the request for an expedited consultation. On mutual agreement between the Secretary and the Federal agency, the Secretary may extend the timeline described in clause
(i)to a period of not more 60 days after the date on which the Federal agency requests an expedited consultation under subparagraph (A). . Section 7(a) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(a) ) (as amended by paragraph (1)) is amended by adding at the end the following: The requirements of this subsection shall not apply to any agency action relating to the reissuance of a general permit on a nationwide basis under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1343 ). . Section 7(b)(1) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(b)(1) ) is amended— in subparagraph (A), by striking 90-day and inserting 60-day ; and in subparagraph (B)— in the matter preceding clause (i)— by striking 90 days and inserting 60 days ; and by striking 90th day and inserting 60th day ; in clause (i), in the matter preceding subclause (I), by striking 150th day and inserting 100th day ; and in clause (ii), by striking 150 and inserting 100 . Section 4(a)(3) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(a)(3) ) (as amended by subsection (d)) is amended by adding at the end the following: In designating habitat as critical habitat under this paragraph, the Secretary shall designate only 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. . Section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ) is amended by adding at the end the following: In this subsection, the term biological opinion means the document that states the opinion of the Secretary as to whether or not an agency action is likely— to jeopardize the continued existence of a listed species; or result in the destruction or adverse modification of critical habitat of that species. A biological opinion shall include— a summary of the information on which the biological opinion is based; a detailed discussion of the environmental baseline of the listed species and critical habitat; a detailed discussion of the effects of the agency action on the listed species or critical habitat; and the opinion of the Secretary on whether the agency action is— likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat, which shall be known as a jeopardy biological opinion; or not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat, which shall be known as a no jeopardy biological opinion. In a biological opinion, the Secretary may adopt all or part of the initiation package of a Federal agency prepared in accordance with section 402.14(c) of title 50, Code of Federal Regulations (as in effect on October 28, 2019). In this paragraph, the term reasonable and prudent alternative means an alternative action identified during a formal consultation that— can be implemented in a manner consistent with the intended purpose of the action; can be implemented consistent with the scope of the legal authority and jurisdiction of a Federal agency; and is economically and technologically feasible. In preparing a biological opinion, the Secretary shall include reasonable and prudent alternatives, as applicable. If the Secretary is unable to develop reasonable and prudent alternatives to include in a biological opinion in accordance with subparagraph (B), the Secretary shall indicate that, to the knowledge of the Secretary, no reasonable or prudent alternatives exist. .
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