Sponsors (14)
The bill balances stronger, better-funded protections, monitoring, and predictable permitting for migratory birds against higher compliance and administrative costs for regulated entities and modest new federal spending.
Utilities, energy companies, and other permit applicants will get a predictable pathway to authorize incidental take through permits and fees, reducing legal uncertainty and the risk of project-stopping litigation.
Conservation organizations, universities, and researchers will gain a dedicated Migratory Bird Recovery Fund (fed by fees, penalties, appropriations, and donations) to finance bird conservation and research.
Federal, state, and congressional decisionmakers (and the public) will benefit from stronger monitoring and oversight via a collaborative research program plus required periodic (every 5 years) reports to Congress on migratory bird status and impacts of authorized activities.
Utilities, energy companies, and other regulated entities will face higher compliance costs and potential civil penalties (up to $10,000 per violation), plus administrative costs for permits, rulemaking, hearings, and reporting, which could raise project costs and consumer prices or slow investments.
State and federal agencies (and stakeholders) could face transitional confusion and shifts in enforcement responsibility because of narrowed textual references to agency authorities, complicating implementation.
Taxpayers (and the federal budget) are exposed to a modest recurring cost through the bill's $10 million annual authorization, which could increase appropriations pressure or require offsets elsewhere.
Based on analysis of 2 sections of legislative text.
Establishes a civil-permit system and penalties for incidental take under the Migratory Bird Treaty Act, funds a dedicated Recovery Fund, and authorizes research and reporting.
Introduced May 5, 2025 by Jared Huffman · Last progress May 5, 2025
Creates a civil-permit and enforcement regime for incidental take under the Migratory Bird Treaty Act: it makes unauthorized incidental take a violative act, allows the Secretary of the Interior to issue regulations and general permits, authorizes civil penalties (up to $10,000 per violation) and civil actions, and preserves criminal penalties for reckless or grossly negligent take. The bill also authorizes fees, creates a dedicated Treasury account called the Migratory Bird Recovery Fund for specified receipts, directs a research program and periodic reporting to Congress, and authorizes $10 million per year to implement the new incidental-take authorities and programs. Also updates certain statute language to alter agency references and cross-references the definition of "institution of higher education." It requires notice and hearing protections before penalties are assessed and temporarily preserves existing enforcement guidance until new regulations are issued.