Us Congress 2023-2024 Regular Session

Us Congress House Bill HB99 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	I
2	2	118THCONGRESS
3	3	1
4	4	STSESSION H. R. 99
5	5	To amend the Endangered Species Act of 1973 to provide for improved
6	6	precision in the listing, delisting, and downlisting of endangered species
7	7	and potentially endangered species.
8	8	IN THE HOUSE OF REPRESENTATIVES
9	9	JANUARY9, 2023
10	10	Mr. B
11	11	IGGSintroduced the following bill; which was referred to the Committee
12	12	on Natural Resources
13	13	A BILL
14	14	To amend the Endangered Species Act of 1973 to provide
15	15	for improved precision in the listing, delisting, and
16	16	downlisting of endangered species and potentially endan-
17	17	gered species.
18	18	Be it enacted by the Senate and House of Representa-1
19	19	tives of the United States of America in Congress assembled, 2
20	20	SECTION 1. SHORT TITLE. 3
21	21	This Act may be cited as the ‘‘Less Imprecision in 4
22	22	Species Treatment Act of 2023’’ or the ‘‘LIST Act of 5
23	23	2023’’. 6
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26	26	•HR 99 IH
27	27	SEC. 2. REQUIREMENT TO INITIATE DELISTING. 1
28	28	(a) R
29	29	EQUIREMENT INCASE OFRECOVERY.—Section 2
30	30	4(b) of the Endangered Species Act of 1973 (16 U.S.C. 3
31	31	1533(b)) is amended by adding at the end the following: 4
32	32	‘‘(9)(A) The Secretary shall initiate the proce-5
33	33	dures in accordance with subsection (a)(1) to remove 6
34	34	a species from a list published under subsection (c) 7
35	35	if— 8
36	36	‘‘(i) the goals of a recovery plan for the 9
37	37	species developed under subsection (f) have 10
38	38	been met; or 11
39	39	‘‘(ii) the goals for recovery of the species 12
40	40	have not been developed under subsection (f), 13
41	41	and the Secretary determines that the species 14
42	42	has recovered sufficiently to no longer require 15
43	43	the protection of the Act. 16
44	44	‘‘(B) Notwithstanding the requirement of sub-17
45	45	section (c)(2) that each determination under sub-18
46	46	paragraph (B) of that subsection shall be made in 19
47	47	accordance with the provisions of subsections (a) 20
48	48	and (b), the Secretary shall remove a species from 21
49	49	any list published under subsection (c) if the De-22
50	50	partment of the Interior has produced or received 23
51	51	substantial scientific or commercial information 24
52	52	demonstrating that the species is recovered or that 25
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55	55	•HR 99 IH
56	56	recovery goals set for the species under subsection 1
57	57	(f) have been met. 2
58	58	‘‘(C) In the case of a species removed under 3
59	59	subparagraph (A) from a list published under sub-4
60	60	section (c), the publication and notice under sub-5
61	61	section (b)(5) shall consist solely of a notice of such 6
62	62	removal.’’. 7
63	63	(b) R
64	64	EQUIREMENT IN CASEERRONEOUSLY OR 8
65	65	W
66	66	RONGFULLYLISTED.—Section 4(b)(3) of the Endan-9
67	67	gered Species Act of 1973 (16 U.S.C. 1533(a)), as amend-10
68	68	ed by subsection (a), is further amended by adding at the 11
69	69	end the following: 12
70	70	‘‘(H)(i) Not later than 90 days after the 13
71	71	date the Department of the Interior receives or 14
72	72	produces under this subsection information de-15
73	73	scribed in clause (ii) regarding a species in-16
74	74	cluded in a list under subsection (c), the Sec-17
75	75	retary shall to the maximum extent practicable 18
76	76	find whether the inclusion of such species in 19
77	77	such list was less than likely to have occurred 20
78	78	in the absence of the scientific or commercial 21
79	79	information referred to in clause (ii). 22
80	80	‘‘(ii) Information referred to in clause (i) is 23
81	81	any information demonstrating that the listing 24
82	82	was determined on the basis of scientific or 25
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85	85	•HR 99 IH
86	86	commercial information available to, or received 1
87	87	or produced by, the Department under para-2
88	88	graphs (1) and (3) of subsection (b) that at the 3
89	89	time the scientific or commercial information 4
90	90	was available to or received or produced by the 5
91	91	Department it was— 6
92	92	‘‘(I) inaccurate beyond scientifically 7
93	93	reasonable margins of error; 8
94	94	‘‘(II) fraudulent; or 9
95	95	‘‘(III) misrepresentative. 10
96	96	‘‘(iii) Notwithstanding the requirement 11
97	97	under subsection (c)(2)(B) that each determina-12
98	98	tion under subparagraph (B) shall be made in 13
99	99	accordance with the provisions of subsections 14
100	100	(a) and (b), the Secretary shall— 15
101	101	‘‘(I) remove from any list published 16
102	102	under subsection (c) any species for which 17
103	103	a positive finding is made under clause (i); 18
104	104	and 19
105	105	‘‘(II) promptly publish in the Federal 20
106	106	Register notice of such finding that in-21
107	107	cludes such information as was received or 22
108	108	produced by the Department under such 23
109	109	clause. 24
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112	112	•HR 99 IH
113	113	‘‘(iv) Any positive finding by the Secretary 1
114	114	under clause (i) shall not be subject to judicial 2
115	115	review. 3
116	116	‘‘(v) Any negative finding by the Secretary 4
117	117	under clause (i) shall be subject to judicial re-5
118	118	view. 6
119	119	‘‘(vi) In the case of a species removed 7
120	120	under clause (iii) from a list, the publication 8
121	121	and notice under subsection (b)(5) shall consist 9
122	122	solely of a notice of such removal. 10
123	123	‘‘(vii) If the Secretary finds that a person 11
124	124	submitted a petition that is the subject of a 12
125	125	positive finding under clause (i) knowing that it 13
126	126	contained scientific or commercial information 14
127	127	described in clause (ii), then during the 10-year 15
128	128	period beginning on the date of the finding 16
129	129	under this clause the person shall not be consid-17
130	130	ered an interested person for purposes of sub-18
131	131	paragraph (A) with respect to any petition sub-19
132	132	mitted by the person after the date the person 20
133	133	submitted such scientific or commercial infor-21
134	134	mation.’’. 22
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137	137	•HR 99 IH
138	138	SEC. 3. EXPANDED CONSIDERATION DURING FIVE-YEAR 1
139	139	REVIEW. 2
140	140	Section 4(c) of the Endangered Species Act of 1973 3
141	141	(16 U.S.C. 1533(c)) is amended by adding at the end the 4
142	142	following: 5
143	143	‘‘(3) Each determination under paragraph 6
144	144	(2)(B) shall consider one of the following: 7
145	145	‘‘(A) Except as provided in subparagraph 8
146	146	(B) of this paragraph, the criteria required 9
147	147	under subsection (f)(1)(B) in the recovery plan 10
148	148	for the species. 11
149	149	‘‘(B) If the objective, measurable criteria 12
150	150	under subsection (f)(1)(B)(ii) are not estab-13
151	151	lished, the factors for the determination that a 14
152	152	species is an endangered species or a threatened 15
153	153	species set forth in subsections (a)(1) and 16
154	154	(b)(1). 17
155	155	‘‘(C) A finding of error in the determina-18
156	156	tion that the species is an endangered species, 19
157	157	a threatened species, or extinct. 20
158	158	‘‘(D) A determination that the species is 21
159	159	no longer an endangered species or threatened 22
160	160	species or in danger of extinction, based on an 23
161	161	analysis of the factors that are the basis for 24
162	162	listing in subsections (a)(1) and (b)(1).’’. 25
163	163	Æ
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