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HR 840119th CongressIn Committee

To provide that the final rule of the United States Fish and Wildlife Service titled "Endangered and Threatened Wildlife and Plants; Endangered Species Status With Critical Habitat for Guadalupe Fatmucket, Texas Fatmucket, Guadalupe Orb, Texas Pimpleback, Balcones Spike, and False Spike, and Threatened Species Status With Section 4(d) Rule and Critical Habitat for Texas Fawnsfoot" shall have no force or effect.

Introduced: Jan 31, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs

This bill would nullify a U.S. Fish and Wildlife Service (FWS) rule finalized in June 2024 that listed six freshwater mussel species in Texas as endangered (with critical habitat) and Texas Fawnsfoot as a threatened species (with a tailored Section 4(d) rule and critical habitat). In other words, if enacted, the final rule would have no legal effect, removing the federal Endangered Species Act protections that the rule imposed, including protections tied to habitat designation and the 4(d) rule for the Texas Fawnsfoot. The bill does not propose new protections or alternative listings; it simply reverses the specific 2024 listing rule. The bill is a straightforward federal statutory override of an agency rule, introduced in the House and referred to the Committee on Natural Resources. As of the Introduced status, it has not yet advanced into law.

Key Points

  • 1The bill would make the June 4, 2024 FWS final rule totaling Endangered/Threatened Status and Critical Habitat for six mussels and the Texas Fawnsfoot have no force or effect.
  • 2The targeted rule includes: (a) endangered status with critical habitat for Guadalupe Fatmucket, Texas Fatmucket, Guadalupe Orb, Texas Pimpleback, Balcones Spike, and False Spike; and (b) threatened status with a Section 4(d) rule and critical habitat for Texas Fawnsfoot.
  • 3If enacted, federal protections under the Endangered Species Act (ESA) for these species would be removed, including protections tied to habitat for the listed species and the 4(d) provisions for the threatened Texas Fawnsfoot.
  • 4The bill is an introduction in the 119th Congress, with sponsorship by Rep. Arrington (and Rep. Pfluger) and referral to the House Committee on Natural Resources; no further legislative action is described in the provided text.
  • 5This is a direct statutory override of an agency rule, distinct from but related to broader administrative-procedure review mechanisms; it would effectively restore the legal leeway that existed before the 2024 rule.

Impact Areas

Primary group/area affected: The six Texas freshwater mussels (Guadalupe Fatmucket, Texas Fatmucket, Guadalupe Orb, Texas Pimpleback, Balcones Spike, False Spike) and the Texas Fawnsfoot, along with their aquatic habitats (rivers/streams in Texas).Secondary group/area affected: Federal agencies and programs implementing the ESA; water resource projects, land-use and development decisions, and any activities that would have been constrained by the 2024 rule (e.g., federal permitting, consultation requirements, and habitat protections).Additional impacts: Potential effects on conservation planning and habitat restoration initiatives, possible shifts in state-federal coordination on these species, and political or legal debate over federal protections for imperiled species in Texas.
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