What This Bill Does
This bill amends the Endangered Species Act to prevent nonnative species from receiving federal protection. It also prevents the government from using federal money to buy land or water in foreign countries for wildlife protection purposes.
Who It Affects
The Secretary of the Interior (the federal official who enforces the Endangered Species Act) is directly affected when deciding which species to protect. Federal agencies that provide financial assistance for wildlife conservation are also affected.
Key Provisions
• The Secretary cannot declare a species endangered or threatened if that species is not native to the United States (Sec. 2(a))
• Federal financial assistance cannot be used to buy, lease or obtain any land, water or interests in a foreign country (Sec. 2(b))
What Changes
If this becomes law, the Endangered Species Act will add a new rule preventing the government from listing nonnative species as endangered or threatened. The government will also lose the ability to use federal money to purchase property in foreign countries for species protection.
Important Definitions
The bill uses the term "nonnative species" but does not define what qualifies as nonnative. The bill does not define "endangered species" or "threatened species," referring instead to existing definitions in the Endangered Species Act of 1973.
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 94
To amend the Endangered Species Act to prevent a species that is not
native to the United States from being listed as an endangered species
or a threatened species, to prohibit certain types of financial assistance,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 9, 2023
Mr. BIGGS introduced the following bill; which was referred to the Committee
on Natural Resources
A BILL
To amend the Endangered Species Act to prevent a species
that is not native to the United States from being listed
as an endangered species or a threatened species, to
prohibit certain types of financial assistance, and for
other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘American Sovereignty
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and Species Protection Act’’.
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•HR 94 IH
SEC. 2. LIMITATION ON LISTING OF NONNATIVE SPECIES
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AND PROVISION OF CERTAIN FINANCIAL AS-
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SISTANCE.
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(a) LIMITATION ON LISTING OF NONNATIVE SPE-
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CIES.—Section 4(a) of the Endangered Species Act of
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1973 (16 U.S.C. 1533(a)) is amended by adding at the
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end the following:
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‘‘(4) NONNATIVE SPECIES.—The Secretary may not
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determine that a species is an endangered species or a
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threatened species pursuant to this section if such species
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is not native to the United States.’’.
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(b) LIMITATION ON PROVISION OF CERTAIN FINAN-
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CIAL ASSISTANCE.—Section 8(a) of the Endangered Spe-
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cies Act of 1973 (16 U.S.C. 1537(a)) is amended—
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(1) by striking ‘‘As a demonstration of’’ and in-
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serting the following:
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‘‘(1) IN GENERAL.—As a demonstration of’’;
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(2) by striking ‘‘(which includes, but is not lim-
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ited to, the acquisition, by lease or otherwise, of
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lands, waters, or interests therein)’’; and
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(3) by adding at the end the following:
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‘‘(2) PROHIBITION ON PURCHASING LAND IN A
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FOREIGN
COUNTRY.—No financial assistance pro-
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vided under paragraph (1) may be used to acquire,
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•HR 94 IH
by lease or otherwise, lands, waters, or other inter-
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ests in a foreign country.’’.
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