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II
116TH CONGRESS
1ST SESSION
S. 502
To amend the Endangered Species Act of 1973 to require disclosure to
States of the basis of determinations under such Act, to ensure use
of information provided by State, Tribal, and county governments in
decision-making under such Act, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 14, 2019
Mr. ENZI (for himself, Mr. ROBERTS, and Mr. RISCH) introduced the fol-
lowing bill; which was read twice and referred to the Committee on Envi-
ronment and Public Works
A BILL
To amend the Endangered Species Act of 1973 to require
disclosure to States of the basis of determinations under
such Act, to ensure use of information provided by State,
Tribal, and county governments in decision-making under
such Act, 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. SHORT TITLE.
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This Act may be cited as the ‘‘State, Tribal, and
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Local Species Transparency and Recovery Act’’.
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•S 502 IS
SEC. 2. REQUIRING DECISIONAL TRANSPARENCY WITH AF-
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FECTED STATES.
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Section 6(a) of the Endangered Species Act of 1973
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(16 U.S.C. 1535(a)) is amended—
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(1) by inserting ‘‘(1)’’ before the first sentence;
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and
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(2) by striking ‘‘Such cooperation shall include’’
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and inserting the following:
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‘‘(2) Such cooperation shall include—
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‘‘(A) before making a determination under sec-
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tion 4(a), providing to States affected by such deter-
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mination all data that is the basis of the determina-
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tion; and
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‘‘(B)’’.
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SEC. 3. ENSURING USE OF STATE, TRIBAL, AND LOCAL IN-
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FORMATION.
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(a) IN GENERAL.—Section 3 of the Endangered Spe-
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cies Act of 1973 (16 U.S.C. 1532) is amended—
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(1) by redesignating paragraphs (2) through
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(21) as paragraphs (3) through (22), respectively;
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and
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(2) by inserting after paragraph (1) the fol-
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lowing:
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‘‘(2) The term ‘best scientific and commercial data
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available’ includes all such data submitted by a State,
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Tribal, or county government.’’.
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•S 502 IS
(b) CONFORMING AMENDMENT.—Section 7(n) of
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such Act (16 U.S.C. 1536(n)) is amended by striking
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‘‘section 3(13)’’ and inserting ‘‘section 3(14)’’.
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Æ
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