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Inserts additional text into section 5 of the Migratory Bird Treaty Act (16 U.S.C. 706) as indicated by the amendment.
Adds a new subsection (e) to section 6 (16 U.S.C. 707) authorizing civil penalties for incidental take and allowing the Secretary to commence civil actions for appropriate relief.
Makes a conforming amendment to section 7(b) of the North American Wetlands Conservation Act (16 U.S.C. 4406(b)) by inserting text at a specified point in that subsection.
Allows the Secretary of the Interior to create and run a federal permit program that authorizes and regulates incidental take of migratory birds, including a fee system and civil penalties for violations. The change creates a dedicated fund with authorized annual appropriations, requires regular reports to Congress, and establishes a research program to monitor and reduce harms to bird populations while adding related legal definitions and a technical amendment to the North American Wetlands Conservation Act. The law shifts incidental-take decisions from an absolute prohibition model to a regulated permitting approach, affecting businesses and projects that may unintentionally kill or injure migratory birds, while funding monitoring, research, and program administration at the federal level.
Amends the Migratory Bird Treaty Act by making multiple textual changes throughout the Act (several places are struck or otherwise modified as described in the section).
Adds a new subsection (e) to section 6 (16 U.S.C. 707) authorizing civil penalties for incidental take: the Secretary may assess a civil penalty of not more than $10,000 per violation for incidental take without an authorization under the new section 14 or in violation of permit terms, except that unpermitted incidental take caused by reckless or grossly negligent conduct is subject to the penalties of subsection (a).
Allows the Secretary to commence civil actions for appropriate relief, including permanent or temporary injunctions, for incidental take without a permit or violations of permits or regulations issued under section 14.
Creates a new section 14 making it a violation to incidentally take any migratory bird, or any part, nest, or egg, except as authorized by the Secretary.
Requires the Secretary to promulgate regulations to authorize incidental take under section 14, including issuing general permits; and directs the Secretary to continue enforcing the document titled "Director’s Order No.: 225" (published October 5, 2021) before promulgating regulations for an industry.
Direct effects:
Migratory birds and their populations: The law creates a formal mechanism to allow and regulate incidental take while directing resources to monitoring and research intended to reduce harms. Outcomes for bird populations will depend on how permits are designed and enforced and on results from the research program.
Regulated entities (businesses, infrastructure and project developers, utilities, and other activity owners): Organizations whose lawful activities may incidentally kill or injure migratory birds will need to seek permits, pay fees, comply with permit conditions, and potentially face civil penalties for violations. The permitting framework can provide legal clarity and predictable compliance requirements, but may also impose new costs and procedural steps.
Federal implementing agencies (Department of the Interior, U.S. Fish & Wildlife Service): Agencies must develop regulations, administer the permit and fee program, enforce compliance, run the fund, and produce recurring reports to Congress. This will require staffing, rulemaking, and program administration capacity.
Conservation and research community: The authorized research and monitoring program will create federal-funded opportunities and data for scientists and conservation groups. Those results can guide mitigation practices and permit conditions.
State and local governments and the public: Projects that previously relied on a broad prohibition exception or uncertain enforcement will face clearer federal permitting requirements; state and local permitting and planning processes may need to coordinate with the federal program. Public stakeholders and environmental advocates will be affected by program transparency, enforcement outcomes, and the quality of monitoring data.
Net effect: The legislation replaces blanket prohibition-based uncertainty with a structured permitting system intended to balance human activities and bird protection, but actual conservation outcomes will depend heavily on regulatory design, fee-level decisions, enforcement rigor, and research-driven mitigation measures.
Expand sections to see detailed analysis
Referred to the House Committee on Natural Resources.
Introduced May 5, 2025 by Jared Huffman · Last progress May 5, 2025
Referred to the House Committee on Natural Resources.
Introduced in House