What This Bill Does
This bill changes the Endangered Species Act to require the government to consider economic harm when deciding whether to add or keep animals on the endangered or threatened species list. The government cannot make a listing decision if it would cause major economic harm to a state or local area.
Who It Affects
The Secretary of the Interior (the federal official in charge of endangered species decisions), state governments, local governments, private landowners, businesses that rely on public services like water and power, and employers in affected areas.
Key Provisions
- The government cannot add a species to the endangered or threatened list, or keep one on the list, if doing so would cause significant economic harm to any state or locality (Sec. 1(a)(4)(A)).
- "Significant economic harm" means major economic effects on public land, private property values, water and power services, jobs, and tax money available to state and local governments (Sec. 1(a)(4)(B)).
- When deciding whether to add or remove a species from the list, the government cannot automatically give priority to requests to add species over requests to remove species (Sec. 1(b)(1)(B)).
- If the government misses deadlines for reviewing requests about endangered species, it must tell Congress within 30 days and explain why (Sec. 1(b)(2)).
What Changes
The law adds economic impact as a required factor in endangered species listing decisions. Previously, the Endangered Species Act did not require this consideration.
Important Definitions
"Significant economic harm" means major economic effects counted together on public and private land, property values, water and power services, jobs, and government tax money (Sec. 1(a)(4)(B)).
I
118TH CONGRESS
1ST SESSION H. R. 1142
To amend the Endangered Species Act of 1973 to require consideration
of economic impact in making a listing decision with respect to the
list of threatened and endangered species, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 21, 2023
Mr. PFLUGER (for himself, Mr. MCCLINTOCK, and Mr. STEUBE) introduced
the following bill; which was referred to the Committee on Natural Resources
A BILL
To amend the Endangered Species Act of 1973 to require
consideration of economic impact in making a listing
decision with respect to the list of threatened and endan-
gered species, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. ENDANGERED SPECIES REFORM.
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(a) CONSIDERATION OF ECONOMIC IMPACT.—Section
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4(a) of the Endangered Species Act of 1973 (16 U.S.C.
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1533(a)) is amended—
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•HR 1142 IH
(1) In paragraph (1), by striking ‘‘The Sec-
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retary’’ and inserting ‘‘Except as provided in para-
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graph (4), the Secretary’’; and
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(2) by adding at the end the following:
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‘‘(4) CONSIDERATION OF ECONOMIC IMPACT.—
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‘‘(A) IN
GENERAL.—The Secretary may
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not make a determination under paragraph (1)
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if such determination, or any action required as
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a result of such determination, would cause sig-
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nificant economic harm to any State or locality.
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‘‘(B) SIGNIFICANT ECONOMIC HARM.—The
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term ‘significant economic harm’ means signifi-
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cant economic harm determined by considering
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the cumulative economic effects on—
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‘‘(i) public land and, to the maximum
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extent practicable, private land and prop-
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erty values;
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‘‘(ii) the provision of water, power, or
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other public services;
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‘‘(iii) employment; and
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‘‘(iv) revenues available for State and
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local governments.’’.
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(b) CONSIDERATION OF SIGNIFICANT, CUMULATIVE
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ECONOMIC EFFECTS REQUIRED.—Section 4(b)(3) of the
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•HR 1142 IH
Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3))
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is amended—
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(1) in subparagraph (A)—
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(A) by striking ‘‘To the maximum extent
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practicable, within 90 days after’’ and inserting
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‘‘(i) After’’; and
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(B) by adding at the end the following:
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‘‘(ii) The Secretary may prioritize the con-
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sideration of petitions under this subparagraph
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in such manner as the Secretary determines ap-
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propriate, except the Secretary may not give
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general priority to petitions to add species to
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such a list over petitions to remove a species
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from such a list.’’; and
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(2) by adding at the end the following:
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‘‘(E) The Secretary shall, not later than
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30 days after failing to meet the requirements
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of subparagraph (B) within 12 months with re-
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spect to a petition to which such subparagraph
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applies, submit a report to Congress—
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‘‘(i) identifying the petition; and
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‘‘(ii) explaining why the Secretary did
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not meet the deadline described in sub-
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•HR 1142 IH
paragraph (B) with respect to such peti-
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tion.’’.
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Æ
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