Us Congress 2025-2026 Regular Session

Us Congress House Bill HB1894 Compare Versions

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Old	New	Differences
1	1	I
2	2	119THCONGRESS
3	3	1
4	4	STSESSION H. R. 1894
5	5	To amend the Endangered Species Act of 1973 to vest in the Secretary
6	6	of the Interior functions under that Act with respect to species of
7	7	fish that spawn in fresh or estuarine waters and migrate to ocean
8	8	waters and species of fish that spawn in ocean waters and migrate
9	9	to fresh or estuarine waters, and for other purposes.
10	10	IN THE HOUSE OF REPRESENTATIVES
11	11	MARCH6, 2025
12	12	Mr. C
13	13	ALVERT(for himself, Mr. COSTA, Mr. LAMALFA, Mr. MCCLINTOCK, and
14	14	Mr. I
15	15	SSA) introduced the following bill; which was referred to the Com-
16	16	mittee on Natural Resources
17	17	A BILL
18	18	To amend the Endangered Species Act of 1973 to vest
19	19	in the Secretary of the Interior functions under that
20	20	Act with respect to species of fish that spawn in fresh
21	21	or estuarine waters and migrate to ocean waters and
22	22	species of fish that spawn in ocean waters and migrate
23	23	to fresh or estuarine waters, and for other purposes.
24	24	Be it enacted by the Senate and House of Representa-1
25	25	tives of the United States of America in Congress assembled, 2
26	26	SECTION 1. SHORT TITLE. 3
27	27	This Act may be cited as the ‘‘Federally Integrated 4
28	28	Species Health Act of 2025’’ or the ‘‘FISH Act of 2025’’. 5
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31	31	•HR 1894 IH
32	32	SEC. 2. TRANSFER OF FUNCTIONS WITH RESPECT TO 1
33	33	ANADROMOUS SPECIES AND CATADROMOUS 2
34	34	SPECIES. 3
35	35	(a) T
36	36	RANSFER OFFUNCTIONS.—All functions with 4
37	37	respect to anadromous species and catadromous species 5
38	38	under the Endangered Species Act of 1973 (16 U.S.C. 6
39	39	1531 et seq.) that were vested in the Secretary of Com-7
40	40	merce or the National Marine Fisheries Service imme-8
41	41	diately before the enactment of this Act are transferred 9
42	42	to the Secretary of the Interior. 10
43	43	(b) C
44	44	ONFORMINGAMENDMENTS.—The Endangered 11
45	45	Species Act of 1973 is amended— 12
46	46	(1) in section 3(15) (16 U.S.C. 1532(15))— 13
47	47	(A) by inserting ‘‘(A)’’ after ‘‘(15)’’; and 14
48	48	(B) by inserting after ‘‘Secretary of Agri-15
49	49	culture.’’ the following: 16
50	50	‘‘(B) Notwithstanding subparagraph (A), with re-17
51	51	spect to anadromous species and catadromous species, the 18
52	52	term ‘Secretary’ means the Secretary of the Interior.’’; 19
53	53	and 20
54	54	(2) in section 3 (16 U.S.C. 1532) by adding at 21
55	55	the end the following: 22
56	56	‘‘(22) The term ‘anadromous species’ means a species 23
57	57	of fish that spawns in fresh or estuarine waters and mi-24
58	58	grates to ocean waters. 25
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61	61	•HR 1894 IH
62	62	‘‘(23) The term ‘catadromous species’ means a spe-1
63	63	cies of fish that spawns in ocean waters and migrates to 2
64	64	fresh or estuarine waters.’’. 3
65	65	(c) R
66	66	ECONSIDERATION OF ADMINISTRATIVEDETER-4
67	67	MINATIONS.—Following the complete transfer of National 5
68	68	Marine Fisheries Service responsibilities to the Depart-6
69	69	ment of the Interior, any final administrative determina-7
70	70	tion made by National Marine Fisheries Service within 3 8
71	71	years prior to the date of the transfer may be reconsidered 9
72	72	upon request to the Secretary of the Interior. The Sec-10
73	73	retary may grant or deny the request, and the final deci-11
74	74	sion will be made publicly available. Any request for recon-12
75	75	sideration made under this subsection shall be filed with 13
76	76	the Department of Interior within 365 days of transfer 14
77	77	completion. 15
78	78	SEC. 3. MISCELLANEOUS PROVISIONS. 16
79	79	(a) R
80	80	EFERENCES.—Any reference in any other Fed-17
81	81	eral law, Executive order, rule, regulation, or delegation 18
82	82	of authority, or any document of or pertaining to a depart-19
83	83	ment or office from which a function is transferred by this 20
84	84	Act— 21
85	85	(1) to the head of such department or office is 22
86	86	deemed to refer to the Secretary of the Interior; or 23
87	87	(2) to such department or office is deemed to 24
88	88	refer to the Department of the Interior. 25
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91	91	•HR 1894 IH
92	92	(b) EXERCISE OFAUTHORITIES.—Except as other-1
93	93	wise provided by law, the Secretary of the Interior may, 2
94	94	for purposes of performing the functions transferred by 3
95	95	this Act, exercise all authorities under the Endangered 4
96	96	Species Act of 1973 (16 U.S.C. 1531 et seq.) that were 5
97	97	available with respect to the performance of that function 6
98	98	immediately before the effective date of the transfer of the 7
99	99	function under this Act. 8
100	100	(c) S
101	101	AVINGSPROVISIONS.— 9
102	102	(1) L
103	103	EGAL DOCUMENTS .—All orders, deter-10
104	104	minations, rules, regulations, permits, grants, loans, 11
105	105	contracts, agreements, certificates, licenses, and 12
106	106	privileges— 13
107	107	(A) that have been issued, made, granted, 14
108	108	or allowed to become effective by the Secretary 15
109	109	of Commerce, any officer or employee of the 16
110	110	Department of Commerce, or any other Govern-17
111	111	ment official in the performance of any function 18
112	112	that is transferred by this Act, or by a court of 19
113	113	competent jurisdiction with respect to such per-20
114	114	formance; and 21
115	115	(B) that are in effect on the effective date 22
116	116	of this Act (or become effective after such date 23
117	117	pursuant to their terms as in effect on such ef-24
118	118	fective date), 25
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121	121	•HR 1894 IH
122	122	shall continue in effect according to their terms until 1
123	123	modified, terminated, superseded, set aside, or re-2
124	124	voked in accordance with law by the President, any 3
125	125	other authorized official, a court of competent juris-4
126	126	diction, or operation of law. 5
127	127	(2) P
128	128	ROCEEDINGS.— 6
129	129	(A) I
130	130	N GENERAL.—This Act shall not af-7
131	131	fect any proceedings or any application for any 8
132	132	benefits, service, license, permit, certificate, or 9
133	133	financial assistance pending on the date of the 10
134	134	enactment of this Act before an office trans-11
135	135	ferred by this Act. Such proceedings and appli-12
136	136	cations shall be continued. Orders shall be 13
137	137	issued in such proceedings, appeals shall be 14
138	138	taken therefrom, and payments shall be made 15
139	139	pursuant to such orders, as if this Act had not 16
140	140	been enacted, and orders issued in any such 17
141	141	proceeding shall continue in effect until modi-18
142	142	fied, terminated, superseded, or revoked by a 19
143	143	duly authorized official, by a court of competent 20
144	144	jurisdiction, or by operation of law. 21
145	145	(B) L
146	146	IMITATION.—Nothing in this para-22
147	147	graph shall be considered to prohibit the dis-23
148	148	continuance or modification of any such pro-24
149	149	ceeding under the same terms and conditions 25
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152	152	•HR 1894 IH
153	153	and to the same extent that such proceeding 1
154	154	could have been discontinued or modified if this 2
155	155	Act had not been enacted. 3
156	156	(3) S
157	157	UITS.—This Act shall not affect suits com-4
158	158	menced before the date of the enactment of this Act, 5
159	159	and in all such suits, proceeding shall be had, ap-6
160	160	peals taken, and judgments rendered in the same 7
161	161	manner and with the same effect as if this Act had 8
162	162	not been enacted. 9
163	163	(4) N
164	164	ONABATEMENT OF ACTIONS .—No suit, ac-10
165	165	tion, or other proceeding commenced by or against 11
166	166	the Department of Commerce or the Secretary of 12
167	167	Commerce, or by or against any individual in the of-13
168	168	ficial capacity of such individual as an officer or em-14
169	169	ployee of the Department of Commerce, shall abate 15
170	170	by reason of the enactment of this Act. 16
171	171	(5) C
172	172	ONTINUANCE OF SUITS .—If any Govern-17
173	173	ment officer in the official capacity of such officer 18
174	174	is party to a suit with respect to a function of the 19
175	175	officer, and under this Act such function is trans-20
176	176	ferred to any other officer or office, then such suit 21
177	177	shall be continued with the other officer or the head 22
178	178	of such other office, as applicable, substituted or 23
179	179	added as a party. 24
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182	182	•HR 1894 IH
183	183	(6) ADMINISTRATIVE PROCEDURE AND JUDI -1
184	184	CIAL REVIEW.—Except as otherwise provided by this 2
185	185	Act, any statutory requirements relating to notice, 3
186	186	hearings, action upon the record, or administrative 4
187	187	or judicial review that apply to any function trans-5
188	188	ferred by this Act shall apply to the exercise of such 6
189	189	function by the head of the Federal agency, and 7
190	190	other officers of the agency, to which such function 8
191	191	is transferred by this Act. 9
192	192	SEC. 4. DEFINITIONS. 10
193	193	For purposes of this Act: 11
194	194	(1) A
195	195	NADROMOUS SPECIES AND CATADROMOUS 12
196	196	SPECIES.—Each of the terms ‘‘anadromous species’’ 13
197	197	and ‘‘catadromous species’’ has the meaning that 14
198	198	term has under section 3 of the Endangered Species 15
199	199	Act of 1973 (16 U.S.C. 1532), as amended by sec-16
200	200	tion 3 of this Act. 17
201	201	(2) F
202	202	UNCTION.—The term ‘‘function’’ includes 18
203	203	any duty, obligation, power, authority, responsibility, 19
204	204	right, privilege, activity, or program. 20
205	205	(3) O
206	206	FFICE.—The term ‘‘office’’ includes any 21
207	207	office, administration, agency, bureau, institute, 22
208	208	council, unit, organizational entity, or component 23
209	209	thereof. 24
210	210	Æ
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