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S. 668: Endangered Species Management Self-Determination Act

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Mar 10, 2021.

Endangered Species Management Self-Determination Act

This bill revises requirements governing the management of endangered or threatened species, establishes a process to compensate land owners under certain circumstances, and removes protections for black vultures and ravens.

The Department of the Interior or the Department of Commerce must obtain the consent of each state for adding species to the list of threatened or endangered species when the species is present in the state.

A state may regulate endangered or threatened species that are only present within the state. If a state elects to regulate them, it is given exclusive authority to manage them. State action with respect to such species is not subject to judicial review.

Species are taken off the federal list after five years, but Interior may petition for the species to be relisted. The bill requires congressional approval before a species may be listed as endangered or threatened.

The bill eliminates awards of attorney fees in citizen suits concerning endangered or threatened species.

Owners or lessees of property may apply to Interior for a determination of whether a proposed property use will violate requirements governing endangered or threatened species. The use is deemed compliant if Interior fails to respond within 90 days. The owners and lessees may seek monetary compensation for unfavorable determinations.

The bill removes migratory bird protections provided to black vultures and ravens in certain circumstances.