Us Congress 2025-2026 Regular Session

Us Congress House Bill HB106 Compare Versions

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

Old	New	Differences
1	1	I
2	2	119THCONGRESS
3	3	1
4	4	STSESSION H. R. 106
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	JANUARY3, 2025
10	10	Mr. B
11	11	IGGSof Arizona introduced the following bill; which was referred to the
12	12	Committee 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 2025’’ or the ‘‘LIST Act of 5
23	23	2025’’. 6
24	24	VerDate Sep 11 2014 05:16 Jan 29, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H106.IH H106
25	25	kjohnson on DSK7ZCZBW3PROD with $$_JOB 2
26	26	•HR 106 IH
27	27	SEC. 2. REQUIREMENT TO INITIATE DELISTING. 1
28	28	(a) R
29	29	EQUIREMENT INCASE OFRECOVERY.—Section 2
30	30	4(b) of the Endangered Species Act of 1973 (16 U.S.C. 3
31	31	1533(b)) is amended by adding at the end the following: 4
32	32	‘‘(9)(A) The Secretary shall initiate the procedures 5
33	33	in accordance with subsection (a)(1) to remove a species 6
34	34	from a list published under subsection (c) if— 7
35	35	‘‘(i) the goals of a recovery plan for the species 8
36	36	developed under subsection (f) have been met; or 9
37	37	‘‘(ii) the goals for recovery of the species have 10
38	38	not been developed under subsection (f), and the 11
39	39	Secretary determines that the species has recovered 12
40	40	sufficiently to no longer require the protection of the 13
41	41	Act. 14
42	42	‘‘(B) Notwithstanding the requirement of subsection 15
43	43	(c)(2) that each determination under subparagraph (B) of 16
44	44	that subsection shall be made in accordance with the pro-17
45	45	visions of subsections (a) and (b), the Secretary shall re-18
46	46	move a species from any list published under subsection 19
47	47	(c) if the Department of the Interior has produced or re-20
48	48	ceived substantial scientific or commercial information 21
49	49	demonstrating that the species is recovered or that recov-22
50	50	ery goals set for the species under subsection (f) have been 23
51	51	met. 24
52	52	‘‘(C) In the case of a species removed under subpara-25
53	53	graph (A) from a list published under subsection (c), the 26
54	54	VerDate Sep 11 2014 05:16 Jan 29, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H106.IH H106
55	55	kjohnson on DSK7ZCZBW3PROD with $$_JOB 3
56	56	•HR 106 IH
57	57	publication and notice under subsection (b)(5) shall con-1
58	58	sist solely of a notice of such removal.’’. 2
59	59	(b) R
60	60	EQUIREMENT IN CASEERRONEOUSLY OR 3
61	61	W
62	62	RONGFULLYLISTED.—Section 4(b)(3) of the Endan-4
63	63	gered Species Act of 1973 (16 U.S.C. 1533(a)), as amend-5
64	64	ed by subsection (a), is further amended by adding at the 6
65	65	end the following: 7
66	66	‘‘(E)(i) Not later than 90 days after the date the De-8
67	67	partment of the Interior receives or produces under this 9
68	68	subsection information described in clause (ii) regarding 10
69	69	a species included in a list under subsection (c), the Sec-11
70	70	retary shall to the maximum extent practicable find 12
71	71	whether the inclusion of such species in such list was less 13
72	72	than likely to have occurred in the absence of the scientific 14
73	73	or commercial information referred to in clause (ii). 15
74	74	‘‘(ii) Information referred to in clause (i) is any infor-16
75	75	mation demonstrating that the listing was determined on 17
76	76	the basis of scientific or commercial information available 18
77	77	to, or received or produced by, the Department under 19
78	78	paragraphs (1) and (3) of subsection (b) that at the time 20
79	79	the scientific or commercial information was available to 21
80	80	or received or produced by the Department it was— 22
81	81	‘‘(I) inaccurate beyond scientifically reasonable 23
82	82	margins of error; 24
83	83	‘‘(II) fraudulent; or 25
84	84	VerDate Sep 11 2014 05:16 Jan 29, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H106.IH H106
85	85	kjohnson on DSK7ZCZBW3PROD with $$_JOB 4
86	86	•HR 106 IH
87	87	‘‘(III) misrepresentative. 1
88	88	‘‘(iii) Notwithstanding the requirement under sub-2
89	89	section (c)(2)(B) that each determination under subpara-3
90	90	graph (B) shall be made in accordance with the provisions 4
91	91	of subsections (a) and (b), the Secretary shall— 5
92	92	‘‘(I) remove from any list published under sub-6
93	93	section (c) any species for which a positive finding 7
94	94	is made under clause (i); and 8
95	95	‘‘(II) promptly publish in the Federal Register 9
96	96	notice of such finding that includes such information 10
97	97	as was received or produced by the Department 11
98	98	under such clause. 12
99	99	‘‘(iv) Any positive finding by the Secretary under 13
100	100	clause (i) shall not be subject to judicial review. 14
101	101	‘‘(v) Any negative finding by the Secretary under 15
102	102	clause (i) shall be subject to judicial review. 16
103	103	‘‘(vi) In the case of a species removed under clause 17
104	104	(iii) from a list, the publication and notice under sub-18
105	105	section (b)(5) shall consist solely of a notice of such re-19
106	106	moval. 20
107	107	‘‘(vii) If the Secretary finds that a person submitted 21
108	108	a petition that is the subject of a positive finding under 22
109	109	clause (i) knowing that it contained scientific or commer-23
110	110	cial information described in clause (ii), then during the 24
111	111	10-year period beginning on the date of the finding under 25
112	112	VerDate Sep 11 2014 05:16 Jan 29, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H106.IH H106
113	113	kjohnson on DSK7ZCZBW3PROD with $$_JOB 5
114	114	•HR 106 IH
115	115	this clause the person shall not be considered an interested 1
116	116	person for purposes of subparagraph (A) with respect to 2
117	117	any petition submitted by the person after the date the 3
118	118	person submitted such scientific or commercial informa-4
119	119	tion.’’. 5
120	120	SEC. 3. EXPANDED CONSIDERATION DURING 5-YEAR RE-6
121	121	VIEW. 7
122	122	Section 4(c) of the Endangered Species Act of 1973 8
123	123	(16 U.S.C. 1533(c)) is amended by adding at the end the 9
124	124	following: 10
125	125	‘‘(3) Each determination under paragraph (2)(B) 11
126	126	shall consider one of the following: 12
127	127	‘‘(A) Except as provided in subparagraph (B) 13
128	128	of this paragraph, the criteria required under sub-14
129	129	section (f)(1)(B) in the recovery plan for the species. 15
130	130	‘‘(B) If the objective, measurable criteria under 16
131	131	subsection (f)(1)(B)(ii) are not established, the fac-17
132	132	tors for the determination that a species is an en-18
133	133	dangered species or a threatened species set forth in 19
134	134	subsections (a)(1) and (b)(1). 20
135	135	‘‘(C) A finding of error in the determination 21
136	136	that the species is an endangered species, a threat-22
137	137	ened species, or extinct. 23
138	138	‘‘(D) A determination that the species is no 24
139	139	longer an endangered species or threatened species 25
140	140	VerDate Sep 11 2014 05:16 Jan 29, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H106.IH H106
141	141	kjohnson on DSK7ZCZBW3PROD with $$_JOB 6
142	142	•HR 106 IH
143	143	or in danger of extinction, based on an analysis of 1
144	144	the factors that are the basis for listing in sub-2
145	145	sections (a)(1) and (b)(1).’’. 3
146	146	Æ
147	147	VerDate Sep 11 2014 05:16 Jan 29, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H106.IH H106
148	148	kjohnson on DSK7ZCZBW3PROD with $$_JOB