I
119THCONGRESS
1
STSESSION H. R. 1894
To amend the Endangered Species Act of 1973 to vest in the Secretary
of the Interior functions under that Act with respect to species of
fish that spawn in fresh or estuarine waters and migrate to ocean
waters and species of fish that spawn in ocean waters and migrate
to fresh or estuarine waters, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH6, 2025
Mr. C
ALVERT(for himself, Mr. COSTA, Mr. LAMALFA, Mr. MCCLINTOCK, and
Mr. I
SSA) introduced the following bill; which was referred to the Com-
mittee on Natural Resources
A BILL
To amend the Endangered Species Act of 1973 to vest
in the Secretary of the Interior functions under that
Act with respect to species of fish that spawn in fresh
or estuarine waters and migrate to ocean waters and
species of fish that spawn in ocean waters and migrate
to fresh or estuarine waters, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Federally Integrated 4
Species Health Act of 2025’’ or the ‘‘FISH Act of 2025’’. 5
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SEC. 2. TRANSFER OF FUNCTIONS WITH RESPECT TO 1
ANADROMOUS SPECIES AND CATADROMOUS 2
SPECIES. 3
(a) T
RANSFER OFFUNCTIONS.—All functions with 4
respect to anadromous species and catadromous species 5
under the Endangered Species Act of 1973 (16 U.S.C. 6
1531 et seq.) that were vested in the Secretary of Com-7
merce or the National Marine Fisheries Service imme-8
diately before the enactment of this Act are transferred 9
to the Secretary of the Interior. 10
(b) C
ONFORMINGAMENDMENTS.—The Endangered 11
Species Act of 1973 is amended— 12
(1) in section 3(15) (16 U.S.C. 1532(15))— 13
(A) by inserting ‘‘(A)’’ after ‘‘(15)’’; and 14
(B) by inserting after ‘‘Secretary of Agri-15
culture.’’ the following: 16
‘‘(B) Notwithstanding subparagraph (A), with re-17
spect to anadromous species and catadromous species, the 18
term ‘Secretary’ means the Secretary of the Interior.’’; 19
and 20
(2) in section 3 (16 U.S.C. 1532) by adding at 21
the end the following: 22
‘‘(22) The term ‘anadromous species’ means a species 23
of fish that spawns in fresh or estuarine waters and mi-24
grates to ocean waters. 25
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‘‘(23) The term ‘catadromous species’ means a spe-1
cies of fish that spawns in ocean waters and migrates to 2
fresh or estuarine waters.’’. 3
(c) R
ECONSIDERATION OF ADMINISTRATIVEDETER-4
MINATIONS.—Following the complete transfer of National 5
Marine Fisheries Service responsibilities to the Depart-6
ment of the Interior, any final administrative determina-7
tion made by National Marine Fisheries Service within 3 8
years prior to the date of the transfer may be reconsidered 9
upon request to the Secretary of the Interior. The Sec-10
retary may grant or deny the request, and the final deci-11
sion will be made publicly available. Any request for recon-12
sideration made under this subsection shall be filed with 13
the Department of Interior within 365 days of transfer 14
completion. 15
SEC. 3. MISCELLANEOUS PROVISIONS. 16
(a) R
EFERENCES.—Any reference in any other Fed-17
eral law, Executive order, rule, regulation, or delegation 18
of authority, or any document of or pertaining to a depart-19
ment or office from which a function is transferred by this 20
Act— 21
(1) to the head of such department or office is 22
deemed to refer to the Secretary of the Interior; or 23
(2) to such department or office is deemed to 24
refer to the Department of the Interior. 25
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(b) EXERCISE OFAUTHORITIES.—Except as other-1
wise provided by law, the Secretary of the Interior may, 2
for purposes of performing the functions transferred by 3
this Act, exercise all authorities under the Endangered 4
Species Act of 1973 (16 U.S.C. 1531 et seq.) that were 5
available with respect to the performance of that function 6
immediately before the effective date of the transfer of the 7
function under this Act. 8
(c) S
AVINGSPROVISIONS.— 9
(1) L
EGAL DOCUMENTS .—All orders, deter-10
minations, rules, regulations, permits, grants, loans, 11
contracts, agreements, certificates, licenses, and 12
privileges— 13
(A) that have been issued, made, granted, 14
or allowed to become effective by the Secretary 15
of Commerce, any officer or employee of the 16
Department of Commerce, or any other Govern-17
ment official in the performance of any function 18
that is transferred by this Act, or by a court of 19
competent jurisdiction with respect to such per-20
formance; and 21
(B) that are in effect on the effective date 22
of this Act (or become effective after such date 23
pursuant to their terms as in effect on such ef-24
fective date), 25
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shall continue in effect according to their terms until 1
modified, terminated, superseded, set aside, or re-2
voked in accordance with law by the President, any 3
other authorized official, a court of competent juris-4
diction, or operation of law. 5
(2) P
ROCEEDINGS.— 6
(A) I
N GENERAL.—This Act shall not af-7
fect any proceedings or any application for any 8
benefits, service, license, permit, certificate, or 9
financial assistance pending on the date of the 10
enactment of this Act before an office trans-11
ferred by this Act. Such proceedings and appli-12
cations shall be continued. Orders shall be 13
issued in such proceedings, appeals shall be 14
taken therefrom, and payments shall be made 15
pursuant to such orders, as if this Act had not 16
been enacted, and orders issued in any such 17
proceeding shall continue in effect until modi-18
fied, terminated, superseded, or revoked by a 19
duly authorized official, by a court of competent 20
jurisdiction, or by operation of law. 21
(B) L
IMITATION.—Nothing in this para-22
graph shall be considered to prohibit the dis-23
continuance or modification of any such pro-24
ceeding under the same terms and conditions 25
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and to the same extent that such proceeding 1
could have been discontinued or modified if this 2
Act had not been enacted. 3
(3) S
UITS.—This Act shall not affect suits com-4
menced before the date of the enactment of this Act, 5
and in all such suits, proceeding shall be had, ap-6
peals taken, and judgments rendered in the same 7
manner and with the same effect as if this Act had 8
not been enacted. 9
(4) N
ONABATEMENT OF ACTIONS .—No suit, ac-10
tion, or other proceeding commenced by or against 11
the Department of Commerce or the Secretary of 12
Commerce, or by or against any individual in the of-13
ficial capacity of such individual as an officer or em-14
ployee of the Department of Commerce, shall abate 15
by reason of the enactment of this Act. 16
(5) C
ONTINUANCE OF SUITS .—If any Govern-17
ment officer in the official capacity of such officer 18
is party to a suit with respect to a function of the 19
officer, and under this Act such function is trans-20
ferred to any other officer or office, then such suit 21
shall be continued with the other officer or the head 22
of such other office, as applicable, substituted or 23
added as a party. 24
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(6) ADMINISTRATIVE PROCEDURE AND JUDI -1
CIAL REVIEW.—Except as otherwise provided by this 2
Act, any statutory requirements relating to notice, 3
hearings, action upon the record, or administrative 4
or judicial review that apply to any function trans-5
ferred by this Act shall apply to the exercise of such 6
function by the head of the Federal agency, and 7
other officers of the agency, to which such function 8
is transferred by this Act. 9
SEC. 4. DEFINITIONS. 10
For purposes of this Act: 11
(1) A
NADROMOUS SPECIES AND CATADROMOUS 12
SPECIES.—Each of the terms ‘‘anadromous species’’ 13
and ‘‘catadromous species’’ has the meaning that 14
term has under section 3 of the Endangered Species 15
Act of 1973 (16 U.S.C. 1532), as amended by sec-16
tion 3 of this Act. 17
(2) F
UNCTION.—The term ‘‘function’’ includes 18
any duty, obligation, power, authority, responsibility, 19
right, privilege, activity, or program. 20
(3) O
FFICE.—The term ‘‘office’’ includes any 21
office, administration, agency, bureau, institute, 22
council, unit, organizational entity, or component 23
thereof. 24
Æ
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