Listing Reform Act

I 116TH CONGRESS 2D SESSION H. R. 5585 To amend the Endangered Species Act of 1973 to require review of the economic cost of adding a species to the list of endangered species or threatened species, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 13, 2020 Mr. OLSON (for himself, Mr. GOSAR, Mr. WEBER of Texas, Mr. NEWHOUSE, Mr. BABIN, Mr. BIGGS, Mr. GIANFORTE, Mr. CRAWFORD, and Ms. CHE- NEY) 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 review of the economic cost of adding a species to the list of endangered species or threatened species, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Listing Reform Act’’. 4 VerDate Sep 11 2014 01:19 Jan 14, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5585.IH H5585 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5585 IH SEC. 2. CONSIDERATION OF ECONOMIC COST IN REVIEW 1 OF LISTING PETITIONS UNDER ENDANGERED 2 SPECIES ACT OF 1973. 3 (a) CONSIDERATION REQUIRED.—Section 4(b)(3) of 4 the Endangered Species Act of 1973 (16 U.S.C. 5 1533(b)(3)) is amended— 6 (1) in subparagraph (A)— 7 (A) by striking ‘‘To the maximum extent 8 practicable, within 90 days after’’ and inserting 9 ‘‘(i) After’’; and 10 (B) by adding at the end the following: 11 ‘‘(ii) The Secretary may prioritize the consideration 12 of petitions under this subparagraph other than in the 13 order in which the petitions are received, except the Sec- 14 retary may not give general priority to petitions to add 15 species to such a list over petitions to remove a species 16 from such a list.’’; 17 (2) in subparagraph (B)— 18 (A) in the matter preceding clause (i), by 19 striking ‘‘Within 12 months’’ and inserting ‘‘As 20 expeditiously as practicable’’. 21 (b) CONSIDERATION OF SIGNIFICANT, CUMULATIVE 22 ECONOMIC EFFECTS.— 23 (1) IN GENERAL.—Section 4(b)(3)(B) of the 24 Endangered Species Act of 1973 (16 U.S.C. 25 VerDate Sep 11 2014 01:19 Jan 14, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5585.IH H5585 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5585 IH 1533(b)(3)(B)) is amended by adding at the end the 1 following: 2 ‘‘(iv)(I) In the case of a petition to add a spe- 3 cies to a list of threatened species, the petitioned ac- 4 tion may be warranted but is precluded due to the 5 likelihood of significant, cumulative economic effects 6 that would result from listing or, to the extent it can 7 be determined, from the likely resulting designation 8 of critical habitat of the species. 9 ‘‘(II) The Secretary may not reconsider such 10 finding unless— 11 ‘‘(aa) the Secretary determines there is 12 endangerment of extinction of the species; or 13 ‘‘(bb) the Secretary receives a new petition 14 to add such species to such list that includes a 15 written qualitative and quantitative analyses re- 16 examining the incremental and significant, cu- 17 mulative economic effects of likely actions to 18 protect the petitioned species and its potential 19 habitat upon each State and locality that is af- 20 fected by the petitioned species listing and that, 21 in the opinion of the Secretary, credibly con- 22 cludes that alternative actions are possible 23 other than those resulting in significant, cumu- 24 lative economic effects. 25 VerDate Sep 11 2014 01:19 Jan 14, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5585.IH H5585 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5585 IH ‘‘(III) In this clause the term ‘significant, cu- 1 mulative economic effects’ includes economic effects 2 on— 3 ‘‘(aa) public land and, to the maximum ex- 4 tent practicable, private land and property val- 5 ues; 6 ‘‘(bb) the provision of water, power, or 7 other public services; 8 ‘‘(cc) employment; and 9 ‘‘(dd) revenues available for State and 10 local governments.’’. 11 (2) CONFORMING AMENDMENT.—Section 12 4(b)(1) of the Endangered Species Act of 1973 (16 13 U.S.C. 1533(b)(1)) is amended by inserting ‘‘(except 14 as provided in clause (iv) of paragraph (3)(B))’’ 15 after ‘‘solely’’. 16 Æ VerDate Sep 11 2014 01:19 Jan 14, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H5585.IH H5585 pamtmann on DSKBC07HB2PROD with BILLS