[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 99 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 99
To amend the Endangered Species Act of 1973 to provide for improved
precision in the listing, delisting, and downlisting of endangered
species and potentially endangered species.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Mr. Biggs introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the Endangered Species Act of 1973 to provide for improved
precision in the listing, delisting, and downlisting of endangered
species and potentially endangered species.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Less Imprecision in Species
Treatment Act of 2023'' or the ``LIST Act of 2023''.
SEC. 2. REQUIREMENT TO INITIATE DELISTING.
(a) Requirement in Case of Recovery.--Section 4(b) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding
at the end the following:
``(9)(A) The Secretary shall initiate the procedures in
accordance with subsection (a)(1) to remove a species from a
list published under subsection (c) if--
``(i) the goals of a recovery plan for the species
developed under subsection (f) have been met; or
``(ii) the goals for recovery of the species have
not been developed under subsection (f), and the
Secretary determines that the species has recovered
sufficiently to no longer require the protection of the
Act.
``(B) Notwithstanding the requirement of subsection (c)(2)
that each determination under subparagraph (B) of that
subsection shall be made in accordance with the provisions of
subsections (a) and (b), the Secretary shall remove a species
from any list published under subsection (c) if the Department
of the Interior has produced or received substantial scientific
or commercial information demonstrating that the species is
recovered or that recovery goals set for the species under
subsection (f) have been met.
``(C) In the case of a species removed under subparagraph
(A) from a list published under subsection (c), the publication
and notice under subsection (b)(5) shall consist solely of a
notice of such removal.''.
(b) Requirement in Case Erroneously or Wrongfully Listed.--Section
4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)), as
amended by subsection (a), is further amended by adding at the end the
following:
``(H)(i) Not later than 90 days after the date the
Department of the Interior receives or produces under
this subsection information described in clause (ii)
regarding a species included in a list under subsection
(c), the Secretary shall to the maximum extent
practicable find whether the inclusion of such species
in such list was less than likely to have occurred in
the absence of the scientific or commercial information
referred to in clause (ii).
``(ii) Information referred to in clause (i) is any
information demonstrating that the listing was
determined on the basis of scientific or commercial
information available to, or received or produced by,
the Department under paragraphs (1) and (3) of
subsection (b) that at the time the scientific or
commercial information was available to or received or
produced by the Department it was--
``(I) inaccurate beyond scientifically
reasonable margins of error;
``(II) fraudulent; or
``(III) misrepresentative.
``(iii) Notwithstanding the requirement under
subsection (c)(2)(B) that each determination under
subparagraph (B) shall be made in accordance with the
provisions of subsections (a) and (b), the Secretary
shall--
``(I) remove from any list published under
subsection (c) any species for which a positive
finding is made under clause (i); and
``(II) promptly publish in the Federal
Register notice of such finding that includes
such information as was received or produced by
the Department under such clause.
``(iv) Any positive finding by the Secretary under
clause (i) shall not be subject to judicial review.
``(v) Any negative finding by the Secretary under
clause (i) shall be subject to judicial review.
``(vi) In the case of a species removed under
clause (iii) from a list, the publication and notice
under subsection (b)(5) shall consist solely of a
notice of such removal.
``(vii) If the Secretary finds that a person
submitted a petition that is the subject of a positive
finding under clause (i) knowing that it contained
scientific or commercial information described in
clause (ii), then during the 10-year period beginning
on the date of the finding under this clause the person
shall not be considered an interested person for
purposes of subparagraph (A) with respect to any
petition submitted by the person after the date the
person submitted such scientific or commercial
information.''.
SEC. 3. EXPANDED CONSIDERATION DURING FIVE-YEAR REVIEW.
Section 4(c) of the Endangered Species Act of 1973 (16 U.S.C.
1533(c)) is amended by adding at the end the following:
``(3) Each determination under paragraph (2)(B) shall
consider one of the following:
``(A) Except as provided in subparagraph (B) of
this paragraph, the criteria required under subsection
(f)(1)(B) in the recovery plan for the species.
``(B) If the objective, measurable criteria under
subsection (f)(1)(B)(ii) are not established, the
factors for the determination that a species is an
endangered species or a threatened species set forth in
subsections (a)(1) and (b)(1).
``(C) A finding of error in the determination that
the species is an endangered species, a threatened
species, or extinct.
``(D) A determination that the species is no longer
an endangered species or threatened species or in
danger of extinction, based on an analysis of the
factors that are the basis for listing in subsections
(a)(1) and (b)(1).''.
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