I 118th CONGRESS 1st Session H. R. 6784 IN THE HOUSE OF REPRESENTATIVES December 14, 2023 Mr. Stauber (for himself, Mr. Newhouse , Ms. Hageman , Ms. Boebert , and Mr. Bentz ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Endangered Species Act of 1973 to provide for protective regulations when a species is listed as an endangered species.

1. Short title This Act may be cited as the ESA Flexibility Act . 2. Protective regulations for endangered species (a) Protective regulations Section 4(d) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(d) ) is amended to read as follows: (d) Protective regulations (1) Threatened species Whenever any species is listed as a threatened species pursuant to subsection (c), the Secretary shall issue such regulations as the Secretary deems necessary and advisable to provide for the conservation of such species. (2) Endangered species Whenever any species is listed as an endangered species pursuant to subsection (c), the Secretary may issue such regulations as the Secretary deems necessary and advisable to provide for the conservation of such species. (3) Prohibition on certain activities Except as provided in paragraph (4), the Secretary may, by regulation issued under this subsection, prohibit with respect to any threatened or endangered species any act prohibited under section 9(a)(1), in the case of fish or wildlife, or section 9(a)(2) in the case of plants. (4) Exception Regulations described by paragraph (3) shall apply in any State which has entered into a cooperative agreement pursuant to section 6(c) only to the extent that such regulations have also been adopted by such State. . (b) Exception to prohibited acts Paragraphs (1) and (2) of section 9(a) of the Endangered Species Act of 1973 ( 16 U.S.C. 1538(a)(1) and (2)) are each amended by inserting by regulations issued under section 4(d) or after as provided .