HR 3845

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IN THE HOUSE OF REPRESENTATIVES

June 9, 2025

Mr. Gray (for himself and Mr. Costa) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To amend the Endangered Species Act of 1973 to expand the exemption process under section 7 of that Act with respect to national security and significant adverse national or regional economic impacts.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. EXPANSION OF EXEMPTION PROCESS UNDER SECTION 7 OF ENDANGERED SPECIES ACT OF 1973.

Section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) is amended—

(1) in subsection (g)—

(A) in paragraph (1), to read as follows:

“(1)(A) A Federal agency, the Governor of the State in which an agency action will occur, if any, or a permit or license applicant may apply to the Secretary for an exemption for an agency action of such agency if, after consultation under subsection (a)(2), the Secretary’s opinion under subsection (b) indicates that—

“(i) the agency action would violate subsection

(a)(2); or

“(ii) a modification or reasonable and prudent alternative necessary for the agency action to comply with subsection (a)(2) may—

“(I) impair national security; or

“(II) result in significant adverse national or regional economic impacts.

“(B) An application for an exemption shall be considered initially by the Secretary in the manner provided for in this subsection, and shall be considered by the Committee for a final determination under subsection (h) after a report is made pursuant to paragraph (5).

“(C) The applicant for an exemption shall be referred to as the ‘exemption applicant’ in this section.”;

(B) in paragraph (3)—

(i) in subparagraph (A), to read as follows:

“(A) determine—

“(i) that the Federal agency concerned and the exemption applicant have—

“(I) carried out the consultation responsibilities described in subsection (a) in good faith and made a reasonable and responsible effort to develop and fairly consider modifications or reasonable and prudent alternatives to the proposed agency action which would not violate subsection

(a)(2);

“(II) conducted any biological assessment required by subsection (c); and

“(III) to the extent determinable within the time provided herein, refrained from making any irreversible or irretrievable commitment of resources prohibited by subsection (d); and

“(ii) if the exemption applicant submitted to the Secretary the application for exemption pursuant to paragraph (1)(A)(ii), whether a modification or reasonable and prudent alternative necessary for the proposed agency action to comply with subsection (a)(2) may—

“(I) impair national security; or

“(II) result in significant adverse national or regional economic impacts; or”; and

(ii) in subparagraph (B), by striking

“(i), (ii), and (iii)”;

(C) in paragraph (4), by striking “(i), (ii) and

(iii)”; and

(D) in paragraph (5)—

(i) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; and

(ii) by inserting after subparagraph (A) the following:

“(B) if the exemption applicant submitted to the Secretary the application for exemption pursuant to paragraph (1)(A)(ii), after consultation with the National Security Council regarding potential impacts to national security and the Director of the National Economic Council regarding potential significant adverse national and regional economic impacts, any impairment to national security or significant adverse national or regional economic impacts that would result from a modification or reasonable and prudent alternative necessary for the agency action to comply with subsection (a)(2), including a description of the analysis and conclusions produced by the National Security Council and the Director of the National Economic Council as a result of each such consultation;”; and

(2) in subsection (h)(1)(A)(i), to read as follows:

“(i)(I) there are no reasonable and prudent alternatives to the agency action; or

“(II) with respect to an agency action the application for exemption of which was submitted to the Secretary pursuant to subsection (g)(1)(A)(ii), a modification or reasonable and prudent alternative necessary for the agency action to comply with subsection (a)(2) may— “(aa) impair national security; or “(bb) result in significant adverse national or regional economic impacts;”. <all>