Bill Details
S.386 - 119th Congress
Status
Latest action
2025-02-04 - Read twice and referred to the Committee on Environment and Public Works.
Introduced Date
2025-02-04
Policy Area
Environmental Protection
Committees
View committees (1)
Sponsors
Cosponsors
View cosponsors (2)
6
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AI Summary This summary was generated by AI from the bill text. AI can get information wrong.
This bill would give federal, state, and local water agencies a way to move ahead with certain water-related actions even if the Endangered Species Act would normally require extra species consultation. The goal is to protect important human water needs, such as drinking water, firefighting, public health and safety, and food security, while still limiting harm to endangered species. The exemption would only be available when the water need is urgent, no reasonable alternatives exist, and the agency has already tried to conserve water and find other sources.
- It defines “critical human water need” to include municipal drinking water, emergency services like firefighting, public health and safety needs, and food security.
- Before getting an exemption, a water agency must show that the usual Endangered Species Act requirements would directly conflict with meeting the urgent water need, and that it has already used reasonable conservation steps and looked for other water sources.
- Agencies must submit documents showing why the exemption is needed, a plan to reduce harm to affected species, and a timeline for when the normal species-review rules will be restored. Each exemption can last up to 180 days and can be renewed for another 180 days if the problem continues.
- Agencies using an exemption must file monthly reports, and the Secretary must send Congress a yearly report on all exemptions, their effect on species, and ways to better balance water needs and species protection. The bill also says these decisions can be challenged in court only under the normal rule for reviewing agency actions, and regulations must be written within 180 days.
Official Summaries
No summaries available
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 386 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 386
To amend the Endangered Species Act of 1973 to provide exemptions from
the consultation requirements required under that Act for agency
actions that fulfill critical human water needs, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 4, 2025
Ms. Lummis (for herself, Mr. Barrasso, and Mr. Sheehy) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Endangered Species Act of 1973 to provide exemptions from
the consultation requirements required under that Act for agency
actions that fulfill critical human water needs, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Critical Water Resources
Prioritization Act of 2025''.
SEC. 2. CRITICAL WATER RESOURCES EXEMPTIONS UNDER THE ENDANGERED
SPECIES ACT OF 1973.
(a) In General.--Section 7 of the Endangered Species Act of 1973
(16 U.S.C. 1536) is amended by adding at the end the following:
``(q) Human Needs Exemptions for Water Resources.--
``(1) Definitions.--In this subsection:
``(A) Critical human water need.--The term
`critical human water need' means water required--
``(i) for a municipal drinking water
supply;
``(ii) for emergency services, including
firefighting;
``(iii) to maintain public health and
safety, as determined by the Secretary or a
relevant water management agency; or
``(iv) for food security, as determined by
the Secretary.
``(B) Water management agency.--The term `water
management agency' means any Federal, State, or local
agency with authority to manage or allocate water
resources.
``(2) Exemptions for critical human water needs.--
Notwithstanding any other provision of this Act, the Secretary
may grant an exemption from the requirements of subsection
(a)(2) for any agency action carried out by a water management
agency to fulfill a critical human water need if--
``(A) those requirements would directly conflict
with the fulfillment of the critical human water need;
``(B) the water management agency has--
``(i) implemented all reasonable water
conservation measures;
``(ii) explored all feasible alternative
water sources; and
``(iii) determined no other reasonable
alternatives exist to meet the critical human
water need; and
``(C) the water management agency submits to the
Secretary--
``(i) documentation of the conditions
described in subparagraphs (A) and (B);
``(ii) a plan to minimize adverse impacts
on affected species; and
``(iii) a timeline for reinstating those
requirements.
``(3) Duration and renewal.--
``(A) Initial period.--An exemption granted by the
Secretary under paragraph (2) shall be valid for a
period of not more than 180 days.
``(B) Renewal.--The Secretary may renew an
exemption under paragraph (2) for additional 180-day
periods if the conditions described in subparagraphs
(A) and (B) of paragraph (2) continue to exist and the
applicable water management agency resubmits the
information described in subparagraph (C) of that
paragraph.
``(4) Reports.--
``(A) Water management agency reports.--A water
management agency operating under an exemption granted
under paragraph (2) shall submit to the Secretary
monthly reports describing--
``(i) the ongoing critical human water need
for which the exemption was made;
``(ii) efforts to develop alternative water
sources; and
``(iii)(I) impacts on affected species; and
``(II) measures taken to minimize those
impacts.
``(B) Secretary reports.--The Secretary shall
submit to Congress an annual report describing--
``(i) all exemption made under this
subsection;
``(ii) the cumulative impact of those
exemptions on affected species; and
``(iii) recommendations for improving the
balance between critical human water needs and
species protection.
``(5) Judicial review.--Any action taken under this
subsection shall be subject to judicial review only for
arbitrary and capricious agency action under section 706 of
title 5, United States Code.''.
(b) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary (as defined in section 3 of the
Endangered Species Act of 1973 (16 U.S.C. 1532)) shall promulgate
regulations to implement the amendments made by this section.
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