H.J. Res. 49, a joint resolution providing for Congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the United States Fish and Wildlife Service relating to "Endangered and Threatened Wildlife and Plants; Endan

H.J. Res. 49 would disapprove the final rule titled “Endangered and Threatened Wildlife and Plants; Endangered Species Status for Northern Long-Eared Bat,” submitted by the U.S. Fish and Wildlife Service (USFWS) and published in the Federal Register on November 30, 2022. The rule reclassified the northern long-eared bat from threatened to endangered species under the Endangered Species Act (ESA), effective March 31, 2023.

Under current law, USFWS collects permitting fees for lawful activities that involve protected species including scientific research, conservation, and unintentional taking of the animals while performing permitted activities. Under H.J. Res. 49, the northern long-eared bat would be re-classified as a threatened species with reduced protections under the ESA; thus, some permits may no longer be required for such activities involving that species. Permitting fees are recorded in the budget as offsetting receipts, (or reductions in direct spending) and are available to be spent without further appropriation. Using information from USFWS, CBO estimates that any reductions in those collections or in spending as a result of implementing H.J. Res. 49 would be insignificant over the 2023-2033 period.

Violators of the ESA are subject to civil and criminal penalties, which are recorded in the budget as revenues; USFWS is authorized to spend those penalties without further appropriation. Using information from the agency, CBO estimates that any reductions in penalties and the associated direct spending would be insignificant because of the small number of related cases expected to occur over the 2023-2033 period.

Finally, CBO estimates that the administrative costs to void the regulation under H.J. Res. 49 would be insignificant; any spending would be subject to the availability of appropriated funds.