H.J. Res. 46, a joint resolution providing for Congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Marine Fisheries Service relating to "Endangered and Threatened Wildlife and Plants; Regulations

H.J. Res. 46 would disapprove a rule published in the Federal Register on July 24, 2022, by the National Marine Fisheries Service related to ‘‘Endangered and Threatened Wildlife and Plants; Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat.’’ As a result, the legislation would reinstate a previous rule, “Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat,” which was submitted by U.S. Fish and Wildlife Service (USFWS) and National Oceanic and Atmospheric Administration (NOAA) and published in the Federal Register on December 16, 2020. That rule defined the term “habitat” for regulations concerning critical habitat under the Endangered Species Act (ESA). The ESA requires agencies to consult with USFWS and NOAA on activities that could adversely affect critical habitats.

Using information from USFWS and NOAA, CBO estimates that reinstating the definition of “habitat” would not affect permitting fees or civil and criminal penalties under the ESA. There would be some administrative costs to void the regulation, which CBO estimates would be insignificant; any spending would be subject to the availability of appropriated funds.