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HB102 Limits nonnative species listings under ESA

Amends the Endangered Species Act to bar listing nonnative species and blocks federal funding for foreign land acquisitions.

The Brief

The American Sovereignty and Species Protection Act of 2025 amends the Endangered Species Act to stop listing species that are not native to the United States as endangered or threatened. It also tightens the use of federal financial assistance under the ESA so that funds cannot be used to acquire lands, waters, or interests abroad.

The bill’s aim is to constrain federal actions tied to species protection when those actions involve nonnative species or foreign acquisitions. It is narrowly scoped and focused on two concrete authorities within the ESA.

At a Glance

What It Does

Adds a new prohibition to Section 4(a): no listing of nonnative species as endangered or threatened. Separately, it amends Section 8(a) to bar federal financial assistance from being used to acquire lands or other interests in foreign countries.

Who It Affects

The decision-makers and implementers within the Interior and Commerce departments (via ESA rules), state wildlife agencies, private landowners, and entities seeking federal funds for land acquisitions abroad.

Why It Matters

It shifts the balance of conservation authority toward a sovereignty-centric approach and reduces the scope of federal action related to nonnative species and international land purchases funded by the federal government.

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What This Bill Actually Does

The bill tackles two elements of the Endangered Species Act. First, it adds a new provision to Section 4(a) to prevent the listing of any species as endangered or threatened unless it is native to the United States.

Practically, this narrows the set of species that can be protected under the ESA by excluding nonnative species from being listed. Second, it rewrites the federal funding rules under Section 8(a) to prohibit using ESA-related financial assistance to buy land, waters, or other interests in foreign countries.

The combined effect is to constrain both the domestically driven regulatory mechanism (listing decisions) and the international use of federal conservation funds. The bill is narrowly tailored, focusing on nonnative status and foreign land purchases, with no broad changes to other ESA authorities.

It does not introduce new penalties or enforcement mechanisms beyond redefining when and how certain protections and funds may be used. For compliance professionals, the changes create a clearer boundary around what triggers listing actions and what funding can support cross-border property acquisitions.

The Five Things You Need to Know

1

The bill adds a new Section 4(a)(4) to prohibit listing nonnative species as endangered or threatened.

2

Section 8(a) is amended to remove references to acquiring lands in foreign countries and to prohibit such use of funds.

3

The act targets two distinct ESA authorities: listing decisions and the use of financial assistance for land acquisition.

4

Native status becomes a gatekeeper for eligibility to ESA protections under the bill.

5

There are no new penalties; the impact is procedural—altering eligibility criteria and funding use.

Section-by-Section Breakdown

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Section 1

Short title

Designates the act as the American Sovereignty and Species Protection Act of 2025, signaling the bill’s guiding aim of preserving U.S. sovereignty in species decisions.

Section 2(a)

Limitation on listing nonnative species

Adds a new clause to Section 4(a) of the Endangered Species Act stating that the Secretary may not determine a species is endangered or threatened if the species is not native to the United States. This narrows the grounds for protection to native species only.

Section 2(b)

Limitation on provision of financial assistance

Amends Section 8(a) to tighten the use of federal conservation funds. The bill removes certain flexible language and adds a prohibition on using financial assistance to acquire lands, waters, or other interests in foreign countries, thereby restricting international land transactions funded by the federal government.

At scale

This bill is one of many.

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Who Benefits and Who Bears the Cost

Every bill creates winners and losers. Here's who stands to gain and who bears the cost.

Who Benefits

  • U.S. Fish and Wildlife Service and other ESA implementers gain a clearer, narrower mandate for listing decisions.
  • Private U.S. landowners and rural communities may face fewer regulatory constraints tied to the listing of nonnative species.
  • State wildlife agencies benefit from a consistent, sovereignty-aligned framework for native species management.
  • Domestic taxpayers and federal budget stakeholders benefit from restrictions on funding for foreign land acquisitions.
  • Domestic conservation groups focused on native biodiversity may see redirected emphasis and resources toward native species.

Who Bears the Cost

  • Environmental groups and scientists who advocate broader nonnative species protections may face reduced listing opportunities.
  • Federal agencies (FWS, NMFS, Interior) may incur transition costs to adjust rules, guidance, and grant programs.
  • Foreign landowners and foreign governments lose access to federal funding for acquiring land abroad.
  • Domestic sectors relying on federal funds for cross-border land deals may experience reduced financing options.
  • Some states and local governments could face uncertainty or costs if local plans relied on federal funding tied to international land acquisitions.

Key Issues

The Core Tension

Balancing national sovereignty and domestic conservation priorities against the risk of undermining broader biodiversity protections and international conservation commitments.

The bill prompts genuine policy tension between preserving American sovereignty and maintaining broad biodiversity protections. By narrowing the basis for ESA listings to native species and by restricting federal funding for foreign land acquisitions, it potentially reduces regulatory risk for certain domestic actors while limiting federal tools to address nonnative species and international conservation investments.

Questions arise about how to handle border or regionally endemic species that are not entirely native to the U.S., how foreign partnerships would be affected, and what transitional rules would apply to ongoing conservation programs. Implementation would require agencies to adjust guidance, grant-making practices, and interagency coordination to reflect the new limitations.

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