II 119THCONGRESS 1 STSESSION S. 171 To remove the lesser prairie-chicken from the lists of threatened species and endangered species published pursuant to the Endangered Species Act of 1973, to amend that Act to exclude the lesser prairie-chicken from the authority of that Act, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY21, 2025 Mr. M ARSHALL(for himself, Mr. LANKFORD, Mr. MULLIN, and Mr. MORAN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To remove the lesser prairie-chicken from the lists of threat- ened species and endangered species published pursuant to the Endangered Species Act of 1973, to amend that Act to exclude the lesser prairie-chicken from the author- ity of that Act, 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. DELISTING OF LESSER PRAIRIE-CHICKEN. 3 (a) I NGENERAL.—Notwithstanding any other provi-4 sion of law, the lesser prairie-chicken (Tympanuchus 5 pallidicinctus), including each distinct population segment 6 of the lesser prairie-chicken (Tympanuchus pallidicinctus), 7 VerDate Sep 11 2014 01:35 Feb 20, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S171.IS S171 ssavage on LAPJG3WLY3PROD with BILLS 2 •S 171 IS is removed from the lists of threatened species and endan-1 gered species that are published pursuant to the Endan-2 gered Species Act of 1973 (16 U.S.C. 1531 et seq.). 3 (b) E XCLUSION OFLESSERPRAIRIE-CHICKENFROM 4 L ISTING.—Section 4(a) of the Endangered Species Act of 5 1973 (16 U.S.C. 1533(a)) is amended— 6 (1) in paragraph (1), in the matter preceding 7 subparagraph (A), by striking ‘‘The Secretary shall’’ 8 and inserting ‘‘Except as provided in paragraph (4), 9 the Secretary shall’’; and 10 (2) by adding at the end the following: 11 ‘‘(4) A PPLICABILITY TO LESSERPRAIRIE-CHICK-12 EN.—The Secretary may not make a determination under 13 this subsection that the lesser prairie-chicken 14 (Tympanuchus pallidicinctus) is an endangered species or 15 a threatened species.’’. 16 Æ VerDate Sep 11 2014 01:35 Feb 20, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\S171.IS S171 ssavage on LAPJG3WLY3PROD with BILLS