Endangered Species Management Self-Determination Act
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HR 2134 — Endangered Species Management Self-Determination Act
Last action — Referred to the House Committee on Natural Resources.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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Died in session
This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Endangered Species Management Self-Determination Act This bill amends the Endangered Species Act of 1973 (ESA) to require the Department of the Interior and the Department of Commerce to obtain the consent of each state for adding species to the list of threatened or endangered plants and animals when the species is present in the state. Interior must submit to Congress a list of all endangered or threatened species. Congress must give its approval by a joint resolution before the list may take effect. Species are automatically taken off the list after five years, but Interior may petition for the species to be relisted. Interested persons may no longer petition for the addition or removal of a species from the list. A state may regulate intrastate endangered or threatened species that are present within its boundaries. If a state elects to regulate those species, it is given exclusive authority to manage species and their habitats. State action with respect to intrastate species is not subject to judicial review. The Bonneville, Southeastern, Southwestern, and Western Area Power Administrations must include in customer monthly billing statements information on the share of costs to the customer incurred as a result of compliance with the ESA, unless the costs are for intrastate species regulated by states. Owners or lessees of property may apply to Interior for a determination of whether a proposed property use will violate the ESA. The use is deemed compliant if Interior fails to respond within 90 days. The owners and lessees may seek monetary compensation for unfavorable determinations. The bill eliminates awards of attorney fees in citizen suits under the ESA.
Bill Text
- Introduced Introduced in House Current html April 25, 2017
Sections of law this bill changes
3 sections in 1 lawFrom the bill's own amending language, matched to the official United States Code (current through Public Law 119-124).
Endangered species · 16 U.S.C. ch. 35 3 sections
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§ 1533 Determination of endangered species and threatened species Amends
16 U.S.C. § 1533
The law today
(a) Generally (1) The Secretary shall by regulation promulgated in accordance with subsection (b) determine whether any species is an endangered species or a threatened species because of any of the following factors: (A) the present or threatened destruction, modification, or curtailment of its habitat or range; (B) overutilization for commercial, recreational, scientific, or educational purposes; (C) disease or predation; (D) the inadequacy of existing regulatory mechanisms; or (E) other natural or manmade factors affecting its continued existence. (2) With respect to any species over which program responsibilities have been vested in the Secretary of Commerce pursuant to Reorganization Plan Numbered 4 of 1970— (A) in any case in which the Secretary of Commerce determines that such species should— (i) be listed as an endangered species or a threatened species, or (ii) be changed in status from a threatened species to an endangered species, he shall so inform the Secretary of the Interior; who shall list such species in accordance with this section; (B) in any case in which the Secretary of Commerce determines that such species should— (i) be removed from any list published pursuant to subsection (c) of this section, or (ii) be changed in status from an endangered species to a threatened species, he shall recommend such action to the Secretary of the Interior, and the Secretary of the Interior, if he concurs in the recommendation, shall implement such action; and (C) the Secretary of the Interior may not list or remove from any list any such species, and may not change the status of any such species which are listed, without a prior favorable determination made pursuant to this section by the Secretary of Commerce. (3) (A) The Secretary, by regulation promulgated in accordance with subsection (b) and to the maximum extent prudent and determinable— (i) shall, concurrently with making a determination under paragraph (1) that a species is an endangered species or a threatened species, designate any habitat of such species which is then considered to be critical habitat; and (ii) may, from time-to-time thereafter as appropriate, revise such designation. (B) (i) The Secretary shall not designate as critical habitat any lands or other geographical areas owned or controlled by the Department of Defense, or designated for its use, that are subject to an integrated natural resources management plan prepared under section 670a of this title, if the Secretary determines in writing that such plan provides a benefit to the species for which critical habitat is proposed for designation. (ii) Nothing in this paragraph affects the requirement to consult under section 1536(a)(2) of this title with respect to an agency action (as that term is defined in that section). (iii) Nothing in this paragraph affects the obligation of the Department of Defense to comply with section 1538 of this title, including the prohibition preventing extinction and taking of endangered species and threatened species. (b) Basis for determinations (1) (A) The Secretary shall make determinations required by subsection (a)(1) solely on the basis of the best scientific and commercial data available to him after conducting a review of the status of the species and after taking into account those efforts, if any, being made by any State or foreign nation, or any political subdivision of a State or foreign nation, to protect such species, whether by predator control, protection of habitat and food supply, or other conservation practices, within any area under its jurisdiction; or on the high seas. (B) In carrying out this section, the Secretary shall give consideration to species which have been— (i) designated as requiring protection from unrestricted commerce by any foreign nation, or pursuant to any international agreement; or (ii) identified as in danger of extinction, or likely to become so within the foreseeable future, by any State agency or by any agency of a fo...63 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 1535 Cooperation with States Amends
16 U.S.C. § 1535 — at 1535(d)(1)
The law today
(a) Generally In carrying out the program authorized by this chapter, the Secretary shall cooperate to the maximum extent practicable with the States. Such cooperation shall include consultation with the States concerned before acquiring any land or water, or interest therein, for the purpose of conserving any endangered species or threatened species. (b) Management agreements The Secretary may enter into agreements with any State for the administration and management of any area established for the conservation of endangered species or threatened species. Any revenues derived from the administration of such areas under these agreements shall be subject to the provisions of section 715s of this title. (c) Cooperative agreements (1) In furtherance of the purposes of this chapter, the Secretary is authorized to enter into a cooperative agreement in accordance with this section with any State which establishes and maintains an adequate and active program for the conservation of endangered species and threatened species. Within one hundred and twenty days after the Secretary receives a certified copy of such a proposed State program, he shall make a determination whether such program is in accordance with this chapter. Unless he determines, pursuant to this paragraph, that the State program is not in accordance with this chapter, he shall enter into a cooperative agreement with the State for the purpose of assisting in implementation of the State program. In order for a State program to be deemed an adequate and active program for the conservation of endangered species and threatened species, the Secretary must find, and annually thereafter reconfirm such finding, that under the State program— (A) authority resides in the State agency to conserve resident species of fish or wildlife determined by the State agency or the Secretary to be endangered or threatened; (B) the State agency has established acceptable conservation programs, consistent with the purposes and policies of this chapter, for all resident species of fish or wildlife in the State which are deemed by the Secretary to be endangered or threatened, and has furnished a copy of such plan and program together with all pertinent details, information, and data requested to the Secretary; (C) the State agency is authorized to conduct investigations to determine the status and requirements for survival of resident species of fish and wildlife; (D) the State agency is authorized to establish programs, including the acquisition of land or aquatic habitat or interests therein, for the conservation of resident endangered or threatened species of fish or wildlife; and (E) provision is made for public participation in designating resident species of fish or wildlife as endangered or threatened; or that under the State program— (i) the requirements set forth in subparagraphs (C), (D), and (E) of this paragraph are complied with, and (ii) plans are included under which immediate attention will be given to those resident species of fish and wildlife which are determined by the Secretary or the State agency to be endangered or threatened and which the Secretary and the State agency agree are most urgently in need of conservation programs; except that a cooperative agreement entered into with a State whose program is deemed adequate and active pursuant to clause (i) and this clause shall not affect the applicability of prohibitions set forth in or authorized pursuant to section 1533(d) of this title or section 1538(a)(1) of this title with respect to the taking of any resident endangered or threatened species. (2) In furtherance of the purposes of this chapter the Secretary is authorized to enter into a cooperative agreement in accordance with this section with any State which establishes and maintains an adequate and active program for the conservation of endangered species and threatened species of plants. Within one hundred and twenty days after the Secretary receives a certified ...15 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 1540 Penalties and enforcement Amends
16 U.S.C. § 1540 — at 1540(g)(4)
The law today
(a) Civil penalties (1) Any person who knowingly violates, and any person engaged in business as an importer or exporter of fish, wildlife, or plants who violates, any provision of this chapter, or any provision of any permit or certificate issued hereunder, or of any regulation issued in order to implement subsection (a)(1)(A), (B), (C), (D), (E), or (F), (a)(2)(A), (B), (C), or (D), (c), (d) (other than regulation relating to recordkeeping or filing of reports), (f) or (g) of section 1538 of this title, may be assessed a civil penalty by the Secretary of not more than $25,000 for each violation. Any person who knowingly violates, and any person engaged in business as an importer or exporter of fish, wildlife, or plants who violates, any provision of any other regulation issued under this chapter may be assessed a civil penalty by the Secretary of not more than $12,000 for each such violation. Any person who otherwise violates any provision of this chapter, or any regulation, permit, or certificate issued hereunder, may be assessed a civil penalty by the Secretary of not more than $500 for each such violation. No penalty may be assessed under this subsection unless such person is given notice and opportunity for a hearing with respect to such violation. Each violation shall be a separate offense. Any such civil penalty may be remitted or mitigated by the Secretary. Upon any failure to pay a penalty assessed under this subsection, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found, resides, or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action. The court shall hear such action on the record made before the Secretary and shall sustain his action if it is supported by substantial evidence on the record considered as a whole. (2) Hearings held during proceedings for the assessment of civil penalties authorized by paragraph (1) of this subsection shall be conducted in accordance with section 554 of title 5. The Secretary may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpena served upon any person pursuant to this paragraph, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (3) Notwithstanding any other provision of this chapter, no civil penalty shall be imposed if it can be shown by a preponderance of the evidence that the defendant committed an act based on a good faith belief that he was acting to protect himself or herself, a member of his or her family, or any other individual from bodily harm, from any endangered or threatened species. (b) Criminal violations (1) Any person who knowingly violates any provision of this chapter, of any permit or certificate issued hereunder, or of any regulation issued in order to implement subsection (a)(1)(A), (B), (C), (D), (E), or (F), (a)(2)(A), (B), (C), or (D), (c), (d) (other than a regulation relating to recordkeeping, or filing of reports), (f), or (g) of section 1538 of this title shall, upon conviction, be fined not more than $50,000 or imprisoned for not more than one year, or both. Any person who knowingly violates any provision of any other regulation issued under this chapter shall, upon conviction, be fined not more than $25...15 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Also cites: 16 U.S.C. § 1541, 43 U.S.C. § 1702
Compared against current U.S. Code AI-generated reading aid — verify against the official bill.
The bill allows Governors to regulate intrastate endangered and threatened species, shifting some regulatory authority from the federal government to state governments.
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16 U.S.C. 1533
, with the consent of the Governor of each State in which the endangered species or threatened species is present
The Secretary must obtain the Governor's consent before determining a species as endangered or threatened.
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16 U.S.C. 1533
, with the consent of the Governor of each State in which the endangered species or threatened species is present
The Secretary must obtain the Governor's consent before changing the status of a species.
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16 U.S.C. 1533
paragraph (3)Removal of a provision that was part of the regulatory framework.
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16 U.S.C. 1533
subsection (c)→ ``(c) Lists.--... (6) Automatic removal.--(A) In general.--On the date that is 5 years after the date on which a joint resolution is enacted ..., each species listed on a list approved by the joint resolution shall be removed from the list."Implementing a process for automatic removal of species from the endangered/threatened lists after five years unless acted upon by Congress.
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16 U.S.C. 1541
SEC. 12A. COST ACCOUNTING REPORT. (a) Definitions.--In this section: (1) Direct costs.--The term `direct costs' includes-- (A) Federal agency obligations related to the cost of any study; (B) capital, operation, maintenance, and replacement costs; and (C) staffing costs. (2) Indirect costs.--The term `indirect costs' includes foregone power generation costs and replacement power costs, including the net costs of any transmission of power. (b) Cost of Compliance.-- ...
Introduces requirements for cost accounting and reporting related to compliance with the Endangered Species Act.
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16 U.S.C. 1533
``(j) Intrastate Endangered Species or Threatened Species.--(1) Definitions ... (3) Newly listed species.-- ..."
Establishes a new subsection to allow Governors to regulate intrastate endangered and threatened species.
Action History
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Introduced in House
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Introduced in House
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Referred to the House Committee on Natural Resources.
Sponsors
- Blaine Luetkemeyer · Primary
- Pete Sessions · Cosponsor
- Jason Smith · Cosponsor
- Sam Graves · Cosponsor
- Billy Long · Cosponsor
- Ann Wagner · Cosponsor
- Todd Rokita · Cosponsor
- Doug LaMalfa · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 7 co-sponsors · 539 not signed on
Sponsors (1)
- Luetkemeyer, Blaine Republican
Co-sponsors (7)
- Sessions, Pete Republican
- Smith, Jason Republican
- Graves, Sam Republican
- Long, Billy Republican
- Wagner, Ann Republican
- Rokita, Todd Republican
- LaMalfa, Doug Republican
Not signed on (539)
539 members have not signed on to this bill.
Show all 539 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does HR 2134 do?
- Endangered Species Management Self-Determination Act This bill amends the Endangered Species Act of 1973 (ESA) to require the Department of the Interior and the Department of Commerce to obtain the consent of each state for adding species to the list of threatened or endangered plants and animals when the species is present in the state. Interior must submit to Congress a list of all endangered or threatened species. Congress must give its approval by a joint resolution before the list may take effect. Species are automatically taken off the list after five years, but Interior may petition for the species to be relisted. Interested persons may no longer petition for the addition or removal of a species from the list. A state may regulate intrastate endangered or threatened species that are present within its boundaries. If a state elects to regulate those species, it is given exclusive authority to manage species and their habitats. State action with respect to intrastate species is not subject to judicial review. The Bonneville, Southeastern, Southwestern, and Western Area Power Administrations must include in customer monthly billing statements information on the share of costs to the customer incurred as a result of compliance with the ESA, unless the costs are for intrastate species regulated by states. Owners or lessees of property may apply to Interior for a determination of whether a proposed property use will violate the ESA. The use is deemed compliant if Interior fails to respond within 90 days. The owners and lessees may seek monetary compensation for unfavorable determinations. The bill eliminates awards of attorney fees in citizen suits under the ESA.
- Who sponsors HR 2134?
- HR 2134 is sponsored by Luetkemeyer, Blaine (Republican), Sessions, Pete (Republican), Smith, Jason (Republican), Graves, Sam (Republican), Long, Billy (Republican), Wagner, Ann (Republican), Rokita, Todd (Republican), and LaMalfa, Doug (Republican).
- What is the current status of HR 2134?
- This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HR 2134?
- Track HR 2134 free on One Click Politics — get push/email alerts when it moves.
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