Ensuring Meaningful Petition Outreach While Enhancing Rights of States Act of 2018

Summary: Ensuring Meaningful Petition Outreach While Enhancing Rights of States Act of 2018 or the EMPOWERS Act of 2018 This bill amends the Endangered Species Act of 1973 to revise the process for listing, delisting, or reclassifying a species under the Act. Before submitting to the Department of the Interior or the Department of Commerce, as appropriate, a petition to list a species as a threatened or endangered species, the petitioner must notify each county and state in which the species is located of the intent to submit a petition. Upon finding that the petition may be warranted, the appropriate department must solicit advice from each county and state in which the species is located.  If a state or county advises that the listing is not warranted, then the appropriate department may not proceed with the listing unless the department demonstrates that the information submitted in support of the advice is incorrect and that the listing is warranted. The bill expands requirements regarding providing notice of a proposed regulation that determines whether a species is endangered or threatened, including by requiring the appropriate department to provide notice to each person who requests a notice.  The appropriate department must justify a final regulation that conflicts with the advice of a state or county.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ensuring Meaningful Petition 
Outreach While Enhancing Rights of States Act of 2018'' or the 
``EMPOWERS Act of 2018''.

SEC. 2. GREATER COUNTY AND STATE INVOLVEMENT.

    (a) County and State Consultation on Petitions.--Section 4(b)(3) of 
the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)) is amended by 
adding at the end the following:
                    ``(E) Listing petition review requirements.--
                            ``(i) Not later than 30 days before 
                        submitting to the Secretary a petition to list, 
                        delist, or reclassify a species that occurs in 
                        the United States, or to revise a designation 
                        of critical habitat of such a species, the 
                        petitioner shall provide to the chief executive 
                        of each county and State in which the species 
                        is located a notice of intent to submit such 
                        petition.
                            ``(ii) The Secretary shall, upon finding 
                        that a petitioned action to list a species as a 
                        threatened species or endangered species may be 
                        warranted, solicit from the chief executive of 
                        each county and State in which the species is 
                        located--
                                            ``(I) information regarding 
                                        threats to the species and 
                                        efforts by the county or State, 
                                        respectively, to protect the 
                                        species;
                                            ``(II) information about 
                                        the anticipated effects of the 
                                        action requested in the 
                                        petition in that county or 
                                        State, respectively; and
                                            ``(III) the advice of the 
                                        chief executive on whether the 
                                        status of the species merits 
                                        the action requested in the 
                                        petition, including information 
                                        in support of such advice.
                            ``(iii) The Secretary may verify by field 
                        testing the information presented in a petition 
                        asserting that a species is a threatened 
                        species or endangered species.
                            ``(iv) If a chief executive advises under 
                        clause (ii)(III) that the petitioned-for action 
                        is not warranted, the Secretary may not proceed 
                        with the action unless the Secretary 
                        demonstrates that information submitted in 
                        support of such advice by the chief executive 
                        is incorrect and that the action is 
                        warranted.''.
    (b) Regulations To Implement Determinations.--Section 4(b)(5) of 
the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(5)) is amended to 
read as follows:
            ``(5) Notice required.--With respect to any regulation 
        proposed by the Secretary to implement a determination referred 
        to in subsection (a)(1), the Secretary shall--
                    ``(A) not less than 90 days before the effective 
                date of the regulation--
                            ``(i) publish a general notice and the 
                        complete text of the proposed regulation in the 
                        Federal Register;
                            ``(ii) provide notice of the proposed 
                        regulation (including the complete text of the 
                        regulation) to the chief executive of county 
                        and State in which the species is located, and 
                        invite such chief executive to submit to the 
                        Secretary a determination as to whether the 
                        proposed regulation is warranted; and
                            ``(iii) if the chief executive notifies the 
                        Secretary that the proposed regulation is not 
                        warranted, provide to the chief executive a 
                        record of decision for such determination, 
                        including information made available to the 
                        Secretary that did not support the 
                        determination and in writing the reasons for 
                        the determination;
                    ``(B) in cooperation with the Secretary of State, 
                provide notice of the proposed regulation to each 
                foreign nation in which the species is located or whose 
                citizens harvest the species on the high seas, and 
                invite the comment of such nation thereon;
                    ``(C) provide notice of the proposed regulation 
                to--
                            ``(i) each person who requests such notice;
                            ``(ii) each person who has submitted 
                        additional data on the proposed regulation;
                            ``(iii) each county, State, and local 
                        government within the jurisdiction of which the 
                        species is located or that is likely to 
                        experience any effects of any measures to 
                        protect the species under this Act; and
                            ``(iv) such professional scientific 
                        organizations as the Secretary considers 
                        appropriate;
                    ``(D) publish a summary of the proposed regulation 
                on the internet; and
                    ``(E) promptly hold one public hearing on the 
                proposed regulation if any person files a request for 
                such a hearing within 45 days after the date of 
                publication of general notice.''.
    (c) Consultation on Final Determination.--Section 4(i) of the 
Endangered Species Act of 1973 (16 U.S.C. 1533(i)) is amended to read 
as follows:
    ``(i) Written Justification.--If the Secretary adopts a final 
regulation in conflict with advise submitted by the chief executive of 
a county or State or fails to adopt a regulation pursuant to an action 
petitioned for by such a chief executive under subsection (b)(3), the 
Secretary shall submit to the chief executive--
            ``(1) a separate written justification explaining the 
        failure of the Secretary to adopt regulations consistent with 
        the advise or petition of the chief executive;
            ``(2) any determination referred to in subsection (a)(1) 
        relating to the regulation; and
            ``(3) all comments received by the Secretary that disagreed 
        with all or part of the regulation.''.
    (d) FACA.--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) FACA.--Consultation with counties and States 
        regarding petitions and proposed regulations under this 
        subsection shall not be subject to the Federal Advisory 
        Committee Act (5 U.S.C. App.).''.