Endangered Species Management Self-Determination Act

Endangered Species Management Self-Determination Act

This bill amends the Endangered Species Act of 1973 (ESA) to require the Department of the Interior and the Department of Commerce to obtain the consent of each state for adding species to the list of threatened or endangered plants and animals when the species is present in the state.

Interior must submit to Congress a list of all endangered or threatened species. Congress must give its approval by a joint resolution before the list may take effect.

Species are automatically taken off the list after five years, but Interior may petition for the species to be relisted. Interested persons may no longer petition for the addition or removal of a species from the list.

A state may regulate intrastate endangered or threatened species that are present within its boundaries. If a state elects to regulate those species, it is given exclusive authority to manage species and their habitats. State action with respect to intrastate species is not subject to judicial review.

The Bonneville, Southeastern, Southwestern, and Western Area Power Administrations must include in customer monthly billing statements information on the share of costs to the customer incurred as a result of compliance with the ESA, unless the costs are for intrastate species regulated by states.

Owners or lessees of property may apply to Interior for a determination of whether a proposed property use will violate the ESA. 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 eliminates awards of attorney fees in citizen suits under the ESA.