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Adds a new paragraph (4) to subsection (a) prohibiting the Secretary from determining that a species is endangered or threatened if the species is not native to the United States.
Modifies subsection (a) by (1) striking and inserting specified text in paragraph (1) and (2) adding a new paragraph (2) that prohibits using financial assistance provided under paragraph (1) to acquire, by lease or otherwise, lands, waters, or other interests in a foreign country.
Prohibits the federal government from listing species under the Endangered Species Act if the species is not native to the United States, and restricts certain federal financial assistance from being used to acquire land, water, or property interests in foreign countries. The change amends the Act’s listing criteria and narrows how some conservation-related funding can be spent abroad. The amendment changes statutory language to limit listings to native species and to make ineligible the use of specific federal assistance for foreign land or water acquisitions. This affects how federal agencies, conservation groups, and international partners plan and fund habitat protection, species conservation, and land transactions outside U.S. territory.
The Secretary may not determine that a species is an endangered species or a threatened species pursuant to section 4(a) of the Endangered Species Act if the species is not native to the United States.
Amends section 8(a) of the Endangered Species Act (16 U.S.C. 1537(a)) by striking and inserting new text for paragraph (1) so that paragraph (1) reads: '(1) In general As a demonstration of;'.
Amends section 8(a) of the Endangered Species Act (16 U.S.C. 1537(a)) by striking the specified punctuation/text as indicated (document text: 'by striking ; and').
Adds a new paragraph to section 8(a) of the Endangered Species Act prohibiting the use of financial assistance provided under paragraph (1) to acquire, by lease or otherwise, lands, waters, or other interests in a foreign country.
Who is affected and how:
Wildlife and species: Species that are non‑native to the United States would be ineligible for listing under the ESA, meaning they could not receive ESA protections or recovery planning under that law even if they face threats in U.S. waters or on U.S. lands where they are not considered native.
Federal wildlife agencies: Agencies that administer the ESA will need to revise listing procedures, guidance, and decision documents to apply the new nativity limitation. They will also need to enforce restrictions on the use of certain assistance for foreign land acquisitions.
Conservation organizations and international partners: Groups that rely on U.S. federal grants or assistance to acquire habitat or conservation easements abroad may lose access to those funding streams or must shift to non‑federal sources. Existing or planned acquisitions of land/water interests in foreign countries using the affected assistance would be curtailed.
State, Tribal, and local partners: Partners that coordinate with federal agencies on cross‑boundary conservation actions may see narrower federal support for international or transboundary projects; domestic projects should be unaffected but might bear more program emphasis.
Landowners and communities abroad: Entities that were potential sellers or partners in land‑acquisition projects financed in part by specified U.S. assistance could lose that market of federal funding and may need to seek alternative buyers or funding.
Broader implications:
Conservation strategy: The change shifts legal protection and federal funding emphasis toward species and habitats wholly within U.S. native ranges and away from international land‑purchase strategies financed by certain U.S. assistance.
Administrative burden: Agencies must issue new guidance, rework grant conditions, and potentially re‑negotiate partnerships or redirect funds, which may require staff time and legal review.
Diplomatic/foreign aid interactions: Restricting federal assistance for foreign land acquisitions could affect broader conservation diplomacy and joint habitat protection programs that relied on U.S. purchases or land‑securement activities abroad.
Legal and scientific questions: Determining nativity for species with complex histories (introduced long ago, native to adjacent foreign territory, or present in U.S. territories) could produce disputes and require clarified regulatory definitions and processes.
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Referred to the House Committee on Natural Resources.
Introduced January 3, 2025 by Andrew S. Biggs · Last progress January 3, 2025
Referred to the House Committee on Natural Resources.
Introduced in House