S386-119

Introduced

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.

119th Congress Introduced Feb 4, 2025

Summary

What This Bill Does

The bill defines critical human water need as water required for municipal drinking water, emergency firefighting, public health and safety, or food security; and defines water management agency as any Federal, State, or local, authorizes the Secretary to grant temporary exemptions from Endangered Species Act Section 7(a)(2) consultation requirements when critical human water needs conflict with ESA protections, if water agencies have, and sets initial exemption duration at 180 days maximum, with renewable 180-day periods if conditions persist and agencies resubmit required documentation. It relies on exemptions, reporting requirements, definition changes, and liability protections. The main policy areas are Environment, Energy, and Agriculture.

Who Benefits and How

Municipal water utilities and districts seeking ESA exemptions could face lower compliance burdens, State and local water management agencies could face lower compliance burdens, and Agricultural irrigation districts and water users could face lower compliance burdens.

Who Bears the Burden and How

Water management agencies operating under exemptions would take on compliance duties, Secretary of Interior/Commerce preparing annual reports would take on compliance duties, and Secretary of Interior/Commerce developing regulations would take on compliance duties.

Key Provisions

  • Defines critical human water need as water required for municipal drinking water, emergency firefighting, public health and safety, or food security; and defines water management agency as any Federal, State, or local...
  • Authorizes the Secretary to grant temporary exemptions from Endangered Species Act Section 7(a)(2) consultation requirements when critical human water needs conflict with ESA protections, if water agencies have...
  • Sets initial exemption duration at 180 days maximum, with renewable 180-day periods if conditions persist and agencies resubmit required documentation.
  • Requires water management agencies operating under exemptions to submit monthly reports on water needs, alternative source development, species impacts, and mitigation measures.
  • Requires the Secretary to submit annual reports to Congress on all exemptions granted, cumulative species impacts, and recommendations for balancing water needs with species protection.

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers with clause-level evidence links.

At a Glance

What This Bill Does

The bill defines critical human water need as water required for municipal drinking water, emergency firefighting, public health and safety, or food security; and defines water management agency as any Federal, State, or local, authorizes the Secretary to grant temporary exemptions from Endangered Species Act Section 7(a)(2) consultation requirements when critical human water needs conflict with ESA protections, if water agencies have, and sets initial exemption duration at 180 days maximum, with renewable 180-day periods if conditions persist and agencies resubmit required documentation.

Key Policy Areas

Environment, Energy, Agriculture

Primary Purpose

The bill defines critical human water need as water required for municipal drinking water, emergency firefighting, public health and safety, or food security; and defines water management agency as any Federal, State, or local, authorizes the Secretary to grant temporary exemptions from Endangered Species Act Section 7(a)(2) consultation requirements when critical human water needs conflict with ESA protections, if water agencies have, and sets initial exemption duration at 180 days maximum, with renewable 180-day periods if conditions persist and agencies resubmit required documentation.

Policy Domains

Environment Energy Agriculture

Section 1 - Short Title

Identified Gains
  • Municipal water utilities and districts seeking ESA exemptions
  • State and local water management agencies
  • Agricultural irrigation districts and water users
  • Water utilities and irrigation districts during extended droughts
  • Water management agencies operating under exemptions
Model: codex-gpt-5:bulk-repair | Version: bill_summary_v2 | Source: is
State and local water management agencies:
Agricultural irrigation districts and water users:
Water management agencies operating under exemptions:
Municipal water utilities and districts seeking ESA exemptions:
Water utilities and irrigation districts during extended droughts:
Identified Costs
  • Water management agencies operating under exemptions
  • Secretary of Interior/Commerce preparing annual reports
  • Secretary of Interior/Commerce developing regulations
  • Environmental advocacy organizations filing ESA lawsuits
  • Endangered and threatened species affected by water diversions
Model: codex-gpt-5:bulk-repair | Version: bill_summary_v2 | Source: is
Water management agencies operating under exemptions:
Secretary of Interior/Commerce developing regulations:
Secretary of Interior/Commerce preparing annual reports:
Environmental advocacy organizations filing ESA lawsuits:
Endangered and threatened species affected by water diversions:

Legislative Progress

Introduced
Introduced Committee Passed
Feb 4, 2025

Ms. Lummis (for herself, Mr. Barrasso, and Mr. Sheehy) introduced …

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Government
7 mentions across 5 clauses
+2 positive -4 negative ?1 uncertain

Congressional oversight committees, Federal agencies granting exemptions, Federal wildlife agencies (USFWS, NOAA Fisheries) processing exemptions

Positive-direction: Federal agencies granting exemptions, State and local water management agencies

Negative-direction: Federal wildlife agencies (USFWS, NOAA Fisheries) processing exemptions, Federal wildlife agencies receiving monthly reports, Secretary of Interior/Commerce developing regulations, Secretary of Interior/Commerce preparing annual reports

Utilities
4 mentions across 4 clauses
+3 positive -1 negative

Municipal water utilities and districts seeking ESA exemptions, Water management agencies operating under exemptions, Water utilities and irrigation districts during extended droughts

Water management agencies operating under exemptions faces effects in multiple directions

Environment
3 mentions across 3 clauses
-3 negative

Endangered and threatened species affected by water diversions, Endangered species in regions with chronic water scarcity, Environmental advocacy organizations filing ESA lawsuits

Agriculture
1 mention across 1 clause
+1 positive

Agricultural irrigation districts and water users

1/2
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Environment Energy Agriculture
Domains
Environment Water Resources Public Health Agriculture
Actor Mappings
"the_secretary"
→ Secretary of the Interior or Secretary of Commerce (as defined in ESA Section 3)
"water_management_agency"
→ Any Federal, State, or local agency with authority to manage or allocate water resources

Note: The Secretary refers to either Secretary of Interior or Secretary of Commerce, as defined in ESA Section 3 (16 U.S.C. 1532), depending on which species is at issue

Key Definitions

Terms defined in this bill

2 terms
"critical human water need" §2(q)(1)(A)

Water required for: (i) municipal drinking water supply; (ii) emergency services, including firefighting; (iii) public health and safety; or (iv) food security

"water management agency" §2(q)(1)(B)

Any Federal, State, or local agency with authority to manage or allocate water resources

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology