79–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–561 

STATE, TRIBAL, AND LOCAL SPECIES TRANSPARENCY 

AND RECOVERY ACT 

FEBRUARY 15, 2018.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 1274] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 1274) to amend the Endangered Species Act of 1973 to 

require making available to States affected by determinations that 

species are endangered species or threatened species all data that 

is the basis of such determinations, and for other purposes, having 

considered the same, report favorably thereon with an amendment 

and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘State, Tribal, and Local Species Transparency and 

Recovery Act’’. 

SEC. 2. DECISIONAL TRANSPARENCY AND USE OF STATE, TRIBAL, AND LOCAL INFORMATION. 

(a) REQUIRING DECISIONAL TRANSPARENCY WITH AFFECTED STATES.—Section 6(a) 

of the Endangered Species Act of 1973 (16 U.S.C. 1535(a)) is amended— 

(1) by inserting ‘‘(1)’’ before the first sentence; and 

(2) by striking ‘‘Such cooperation shall include’’ and inserting the following: 

‘‘(2) Such cooperation shall include— 

‘‘(A) before making a determination under section 4(a), providing to States affected by such determination all data that is the basis of the determination; and 

‘‘(B)’’. 

(b) ENSURING USE OF STATE, TRIBAL, AND LOCAL INFORMATION.—Section 3 of the 

Endangered Species Act of 1973 (16 U.S.C. 1532) is amended— 


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(1) by redesignating paragraphs (2) through (10) as paragraphs (3) through 

(11), respectively; and 

(2) by inserting after paragraph (1) the following: 

‘‘(2) The term ‘best scientific and commercial data available’ includes all such data 

submitted by a State, tribal, or county government.’’. 

(c) REQUIREMENT TO PUBLISH ON THE INTERNET THE BASIS FOR LISTINGS.—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) The Secretary shall make publicly available on the Internet the best scientific 

and commercial data available that are the basis for each regulation, including each 

proposed regulation, promulgated under subsection (a)(1), except that, at the request of a Governor or legislature of a State, the Secretary shall not make available 

under this paragraph information regarding which the State has determined public 

disclosure is prohibited by a law of that State relating to the protection of personal 

information.’’. 

PURPOSE OF THE BILL

The purpose of H.R. 1274 is to amend the Endangered Species 

Act of 1973 to require making available to States affected by determinations that species are endangered species or threatened species all data that is the basis of such determinations. 

BACKGROUND AND NEED FOR LEGISLATION

Section 6 of the Endangered Species Act of 1973 (ESA, 16 U.S.C. 

1535) requires federal cooperation with the States ‘‘to the maximum 

extent practicable’’ in listing decisions, yet federal agencies often 

duplicate analyses and conservation plans already generated by 

States. Moreover, data provided by States is sometimes ignored by 

the federal agencies in ESA activities. Species listings and critical 

habitat designations have the potential to impact entire communities and industries and can place burdens upon State governments. States, tribes, and county governments are well situated to 

participate in decisions regarding endangered or threatened species 

determinations or their ensuing critical habitat designations in a 

meaningful and productive manner. However, in practice, federal 

cooperation with States, tribes, and local governments does not always occur under the ESA. 

States have testified that the ESA, as currently implemented, 

does not properly honor their ability to participate to the maximum 

extent practicable in federal ESA listing decisions. During a September 21, 2016, Natural Resources Committee hearing on federal 

government management of wolves, witnesses such as New Mexico 

Department of Game and Fish Commissioner Alexandra Sandoval 

testified that her office was not made privy to factors utilized by 

the federal government in listing decisions that impact lands, communities, and species within New Mexico. 

States are the species managers prior to a listing decision by the 

federal government and will become the managers of the species 

after a delisting decision by the federal government. States possess 

extensive, on-the-ground experience and expertise in science-based 

wildlife management principles, generation of applicable data, and 

the application of public policy in managing wildlife as public assets. 

Despite the expertise and willingness of State, local, and tribal 

governments to participate in the ESA process, the Department of 

the Interior and the Department of Commerce are not required to 

disclose scientific information or the basis they use in making listVerDate Sep 11 2014 05:05 Feb 16, 2018 Jkt 079006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR561.XXX HR561

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1Defining Species Conservation Success: Tribal, State and Local Stewardship vs. Federal 

Courtroom Battles and Sue-and-Settle Practices: Oversight Hearing Before the H. Comm. On 

Natural Resources, 113th Cong. (2013) (written testimony of Tom Jankovsky, Garfield County, 

Colorado). 2Transparency and Sound Science Gone Extinct?: The Impacts of the Obama Administration’s 

Closed-Door Settlements on Endangered Species and People: Oversight Hearing Before the H. 

Comm. On Natural Resources, 113th Cong. (2013) (testimony of Kent McMullen, Franklin County Natural Resources Advisory Committee, at 21). 3Trout Unlimited v. Lohn, 559 F.3d 946 (9th Cir. 2009); 70 Fed. Reg. 37, 204. 

ing or critical habitat decisions to the States. They are also not required to utilize scientific data generated by States, even though 

States often have actual data that the federal agencies do not. 

Local and county governments, particularly those in areas with 

a significant portion of federally-owned lands within their jurisdictional borders, have expressed concerns that federal ESA-implementing agencies often ignore locally-generated science and data 

provided to the federal agencies in listing decisions. In testimony 

submitted by Garfield County Commissioner Tom Jankovsky at a 

Natural Resources Committee hearing in the 113th Congress, the 

accuracy of a map developed by the U.S. Fish and Wildlife Service 

(FWS) for sage grouse habitat in Colorado was questioned after the 

federal agency refused the County’s request to verify data used by 

the FWS.1 In more than one case, a court order has also been required to obtain the data from federal officials, even though the 

data was obtained through taxpayer-funded studies. Further testimony submitted by Kent McMullen, Chairman of the Franklin 

County Natural Resources Advisory Committee, raised the concern 

that a key document used by FWS in its listing determination was 

an unpublished manuscript that was inaccessible for public review.2

Tribal governments also play a significant role in species conservation and recovery activities and some have raised concerns 

that tribal data and science are not factored into ESA listing decisions. For example, in the Columbia and Snake Rivers, where 13 

populations of salmon are listed under the ESA, tribal hatchery 

managers have successfully utilized hatchery supplementation to 

enhance salmon and steelhead recovery for several years. The 

Snake River fall chinook run has rebounded to near-record levels 

due in large part to the tribal hatchery programs. Though a federal 

court ordered the National Marine Fisheries Service (NMFS) in 

2001 to consider hatchery salmon in populations proposed for ESA 

listing, NMFS issued a revised policy that emphasized the ‘‘negative impacts’’ of hatchery fish on naturally spawning fish, and ignored tribal scientific data highlighting the positive benefits that 

hatchery fish are having on recovering salmon in the Northwest.3

H.R. 1274 would simply require FWS and NMFS to be transparent in their use of data for ESA listing decisions, both with 

their ESA Section 6 cooperation responsibilities with States and 

with respecting valuable State, local and tribal data to guide listing 

determinations that affect them and their citizens. The bill ensures 

that States are afforded every opportunity to provide input on laws, 

regulations, and policies related to the implementation of the ESA 

before such laws, regulations, and policies are final. This bill also 

would ensure that the best scientific and commercial data available 

for ESA listing decisions includes data from those closest to the 

ground and most affected by the listings—the States, local governments, and tribes. 


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SECTION-BY-SECTION ANALYSIS OF TEXT AS ORDERED REPORTED

Section 1. Short title 

The Act may be referred to as the State, Tribal, and Local Species Transparency and Recovery Act. 

Section 2. Decisional transparency and use of State, tribal, and 

local information 

Subsection (a) amends ESA Section 6 to require decisional transparency with the States by requiring the relevant Secretary to provide all data used in listing determinations to affected States. 

Subsection (b) ensures FWS or NMFS use of State, tribal, and 

local information in listing decisions by clarifying that the term 

‘‘best scientific and commercial data’’ includes all such data submitted by a State, tribal, or county government. 

Subsection (c) requires FWS and NMFS to post on the internet 

the ‘‘best available commercial and scientific data’’ that they use to 

support their ESA listing determinations unless public disclosure is 

prohibited by a State law relating to protection of personal information (as determined by the affected State). 

COMMITTEE ACTION

H.R. 1274 was introduced on March 1, 2017, by Congressman 

Dan Newhouse (R–WA). The bill was referred to the Committee on 

Natural Resources. On July 19, 2017, the Committee held a hearing on the bill. On October 3, 2017, the Natural Resources Committee met to consider the bill. Congressman Tom McClintock (R– 

CA) offered an amendment designated 046; it was adopted by voice 

vote. No further amendments were offered and the bill, as amended, was ordered favorably reported to the House of Representatives 

on October 4, 2017, by a roll call vote of 22 ayes and 14 noes, as 

follows: 


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COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET

ACT

1. Cost of Legislation and the Congressional Budget Act. With respect to the requirements of clause 3(c)(2) and (3) of rule XIII of 

the Rules of the House of Representatives and sections 308(a) and 

402 of the Congressional Budget Act of 1974, the Committee has 

received the following estimate for the bill from the Director of the 

Congressional Budget Office: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, December 4, 2017. 

Hon. ROB BISHOP, 

Chairman, Committee on Natural Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1274, the State, Tribal, 

and Local Species Transparency and Recovery Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CB0 staff contact is Jeff LaFave. 

Sincerely, 

KEITH HALL, Director. 

Enclosure. 

H.R. 1274—State, Tribal, and Local Species Transparency and Recovery Act 

H.R. 1274 would require the Secretaries of the Departments of 

the Interior and Commerce to make available to states the data 

those departments use as the basis for each listing determination 

made under the Endangered Species Act. Such determinations are 

required to be based on the best scientific and commercial data 

available. H.R. 1274 would clarify that such data includes information provided by state, local, and tribal governments. Using information from the affected departments, CBO estimates that implementing the legislation would have no significant effect on the federal budget. 

Enacting H.R. 1274 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. 

CBO estimates that enacting H.R. 1274 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2028. 

H.R. 1274 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Jeff LaFave. The estimate was approved by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 


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2. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to amend the Endangered Species Act of 1973 to require making available to States affected by determinations that 

species are endangered species or threatened species all data that 

is the basis of such determinations. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5 

Directed Rule Making. This bill does not contain any directed 

rule makings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

ENDANGERED SPECIES ACT OF 1973 

* * * * * * * 

DEFINITIONS

SEC. 3. For the purposes of this Act— 

(1) The term ‘‘alternative courses of action’’ means all alternatives and thus is not limited to original project objectives and 

agency jurisdiction. 

(2) The term ‘‘best scientific and commercial data available’’ includes all such data submitted by a State, tribal, or county government. 


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ø(2)¿ (3) The term ‘‘commercial activity’’ means all activities of 

industry and trade, including, but not limited to, the buying or selling of commodities and activities conducted for the purpose of facilitating such buying and selling: Provided, however, That it does 

not include exhibitions of commodities by museums or similar cultural or historical organizations. 

ø(3)¿ (4) The terms ‘‘conserve,’’‘‘conserving,’’ and ‘‘conservation’’ 

mean to use and the use of all methods and procedures which are 

necessary to bring any endangered species or threatened species to 

the point at which the measures provided pursuant to this Act are 

no longer necessary. Such methods and procedures include, but are 

not limited to, all activities associated with scientific resources 

management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transplantation, and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may 

include regulated taking. 

ø(4)¿ (5) The term ‘‘Convention’’ means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, 

signed on March 3, 1973, and the appendices thereto. 

ø(5)¿ (6)(A) The term ‘‘critical habitat’’ for a threatened or endangered species means— 

(i) the specific areas within the geographical area occupied 

by the species, at the time it is listed in accordance with the 

provisions of section 4 of this Act, on which are found those 

physical or biological features (I) essential to the conservation 

of the species and (II) which may require special management 

considerations or protection; and 

(ii) specific areas outside the geographical area occupied by 

the species at the time it is listed in accordance with the provisions of section 4 of this Act, upon a determination by the Secretary that such areas are essential for the conservation of the 

species. 

(B) Critical habitat may be established for those species now listed as threatened or endangered species for which no critical habitat has heretofore been established as set forth in subparagraph 

(A) of this paragraph. 

(C) Except in those circumstances determined by the Secretary, 

critical habitat shall not include the entire geographical area which 

can be occupied by the threatened or endangered species. 

ø(6)¿ (7) The term ‘‘endangered species’’ means any species which 

is in danger of extinction throughout all or a significant portion of 

its range other than a species of the Class Insecta determined by 

the Secretary to constitute a pest whose protection under the provisions of this Act would present an overwhelming and overriding 

risk to man. 

ø(7)¿ (8) The term ‘‘Federal agency’’ means any department, 

agency, or instrumentality of the United States. 

ø(8)¿ (9) The term ‘‘fish or wildlife’’ means any member of the 

animal kingdom, including without limitation any mammal, fish, 

bird (including any migratory, nonmigratory, or endangered bird 

for which protection is also afforded by treaty or other international agreement), amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate, and includes any part, product, egg, 

or offspring thereof, or the dead body or parts thereof. 


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ø(9)¿ (10) The term ‘‘foreign commerce’’ includes, among other 

things, any transaction— 

(A) between persons within one foreign country; 

(B) between persons in two or more foreign countries; 

(C) between a person within the United States and a person 

in a foreign country; or 

(D) between persons within the United States, where the fish 

and wildlife in question are moving in any country or countries 

outside the United States. 

ø(10)¿ (11) The term ‘‘import’’ means to land on, bring into, or 

introduce into or attempt to land on, bring into, or introduce into, 

any place subject to the jurisdiction of the United States, whether 

or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United 

States. 

(12) The term ‘‘permit or license applicant’’ means, when used 

with respect to an action of a Federal agency for which exemption 

is sought under section 7, any person whose application to such 

agency for a permit or license has been denied primarily because 

of the application of section 7(a) to such agency action. 

(13) The term ‘‘person’’ means an individual, corporation, partnership, trust, association, or any other private entity; or any officer, employee, agent, department, or instrumentality of the Federal 

Government, of any State, municipality, or political subdivision of 

a State, or of any foreign government; any State, municipality, or 

political subdivision of a State; or any other entity subject to the 

jurisdiction of the United States. 

(14) The term ‘‘plant’’ means any member of the plant kingdom, 

including seeds, roots and other parts thereof. 

(15) The term ‘‘Secretary’’ means, except as otherwise herein provided, the Secretary of the Interior or the Secretary of Commerce 

as program responsibilities are vested pursuant to the provisions of 

Reorganization Plan Numbered 4 of 1970; except that with respect 

to the enforcement of the provisions of this Act and the Convention 

which pertain to the importation or exportation of terrestrial 

plants, the term also means the Secretary of Agriculture. 

(16) The term ‘‘species’’ includes any subspecies of fish or wildlife 

or plants, and any distinct population segment of any species of 

vertebrate fish or wildlife which interbreeds when mature. 

(17) The term ‘‘State’’ means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American 

Samoa, the Virgin Islands, Guam, and the Trust Territory of the 

Pacific Islands. 

(18) The term ‘‘State agency’’ means any State agency, department, board, commission, or other governmental entity which is responsible for the management and conservation of fish, plant, or 

wildlife resources within a State. 

(19) The term ‘‘take’’ means to harass, harm, pursue, hunt, shoot, 

wound, kill, trap, capture, or collect, or to attempt to engage in any 

such conduct. 

(20) The term ‘‘threatened species’’ means any species which is 

likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. 

(21) The term ‘‘United States,’’ when used in a geographical context, includes all States. 


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DETERMINATION OF ENDANGERED SPECIES AND THREATENED SPECIES

SEC. 4. (a) GENERAL.—(1) The Secretary shall by regulation promulgated in accordance with subsection (b) determine whether any 

species is an endangered species or a threatened species because of 

any of the following factors: 

(A) the present or threatened destruction, modification, or 

curtailment of its habitat or range; 

(B) overutilization for commercial, recreational, scientific, or 

educational purposes; 

(C) disease or predation; 

(D) the inadequacy of existing regulatory mechanisms; or 

(E) other natural or manmade factors affecting its continued 

existence. 

(2) With respect to any species over which program responsibilities have been vested in the Secretary of Commerce pursuant to 

Reorganization Plan Numbered 4 of 1970— 

(A) in any case in which the Secretary of Commerce determines that such species should— 

(i) be listed as an endangered species or a threatened 

species, or 

(ii) be changed in status from a threatened species to an 

endangered species, he shall so inform the Secretary of the 

Interior, who shall list such species in accordance with this 

section; 

(B) in any case in which the Secretary of Commerce determines that such species should— 

(i) be removed from any list published pursuant to subsection (c) of this section, or 

(ii) be changed in status from an endangered species to 

a threatened species, he shall recommend such action to 

the Secretary of the Interior, and the Secretary of the Interior, if he concurs in the recommendation, shall implement 

such action; and 

(C) the Secretary of the Interior may not list or remove from 

any list any such species, and may not change the status of 

any such species which are listed, without a prior favorable determination made pursuant to this section by the Secretary of 

Commerce. 

(3)(A) The Secretary, by regulation promulgated in accordance 

with subsection (b) and to the maximum extent prudent and determinable— 

(i) shall, concurrently with making a determination under 

paragraph (1) that a species is an endangered species or a 

threatened species, designate any habitat of such species which 

is then considered to be critical habitat; and 

(ii) may, from time-to-time thereafter as appropriate, revise 

such designation. 

(B)(i) The Secretary shall not designate as critical habitat any 

lands or other geographical areas owned or controlled by the Department of Defense, or designated for its use, that are subject to 

an integrated natural resources management plan prepared under 

section 101 of the Sikes Act (16 U.S.C. 670a), if the Secretary determines in writing that such plan provides a benefit to the species 

for which critical habitat is proposed for designation. 


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(ii) Nothing in this paragraph affects the requirement to consult 

under section 7(a)(2) with respect to an agency action (as that term 

is defined in that section). 

(iii) Nothing in this paragraph affects the obligation of the Department of Defense to comply with section 9, including the prohibition preventing extinction and taking of endangered species and 

threatened species. 

(b) BASIS FOR DETERMINATIONS.—(1)(A) The Secretary shall 

make determinations required by subsection (a)(1) solely on the 

basis of the best scientific and commercial data available to him 

after conducting a review of the status of the species and after taking into account those efforts, if any, being made by any State or 

foreign nation, or any political subdivision of a State or foreign nation, to protect such species, whether by predator control, protection of habitat and food supply, or other conservation practices, 

within any area under its jurisdiction, or on the high seas. 

(B) In carrying out this section, the Secretary shall give consideration to species which have been— 

(i) designated as requiring protection from unrestricted commerce by any foreign nation, or pursuant to any international 

agreement; or 

(ii) identified as in danger of extinction, or likely to become 

so within the foreseeable future, by any State agency or by any 

agency of a foreign nation that is responsible for the conservation of fish or wildlife or plants. 

(2) The Secretary shall designate critical habitat, and make revisions thereto, under subsection (a)(3) on the basis of the best scientific data available and after taking into consideration the economic impact, the impact on national security, and any other relevant impact, of specifying any particular area as critical habitat. 

The Secretary may exclude any area from critical habitat if he determines that the benefits of such exclusion outweigh the benefits 

of specifying such area as part of the critical habitat, unless he determines, based on the best scientific and commercial data available, that the failure to designate such area as critical habitat will 

result in the extinction of the species concerned. 

(3)(A) To the maximum extent practicable, within 90 days after 

receiving the petition of an interested person under section 553(e) 

of title 5, United States Code, to add a species to, or to remove a 

species from, either of the lists published under subsection (c), the 

Secretary shall make a finding as to whether the petition presents 

substantial scientific or commercial information indicating that the 

petitioned action may be warranted. If such a petition is found to 

present such information, the Secretary shall promptly commence 

a review of the status of the species concerned. The Secretary shall 

promptly publish each finding made under this subparagraph in 

the Federal Register. 

(B) Within 12 months after receiving a petition that is found 

under subparagraph (A) to present substantial information indicating that the petitioned action may be warranted, the Secretary 

shall make one of the following findings: 

(i) The petitioned action is not warranted, in which case the 

Secretary shall promptly publish such finding in the Federal 

Register. 


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(ii) The petitioned action is warranted in which case the Secretary shall promptly publish in the Federal Register a general 

notice and the complete text of a proposed regulation to implement such action in accordance with paragraph (5). 

(iii) The petitioned action is warranted but that— 

(I) the immediate proposal and timely promulgation of a 

final regulation implementing the petitioned action in accordance with paragraphs (5) and (6) is precluded by pending proposals to determine whether any species is an endangered species or a threatened species, and 

(II) expeditious progress is being made to add qualified 

species to either of the lists published under subsection (c) 

and to remove from such lists species for which the protections of the Act are no longer necessary, 

in which case the Secretary shall promptly publish such finding in the Federal Register, together with a description and 

evaluation of the reasons and data on which the finding is 

based. 

(C)(i) A petition with respect to which a finding is made under 

subparagraph (B)(iii) shall be treated as a petition that is resubmitted to the Secretary under subparagraph (A) on the date of such 

finding and that presents substantial scientific or commercial information that the petitioned action may be warranted. 

(ii) Any negative finding described in subparagraph (A) and any 

finding described in subparagraph (B)(i) or (iii) shall be subject to 

judicial review. 

(iii) The Secretary shall implement a system to monitor effectively the status of all species with respect to which a finding is 

made under subparagraph (B)(iii) and shall make prompt use of 

the authority under paragraph 7 to prevent a significant risk to the 

well being of any such species. 

(D)(i) To the maximum extent practicable, within 90 days after 

receiving the petition of an interested person under section 553(e) 

of title 5, United States Code, to revise a critical habitat designation, the Secretary shall make a finding as to whether the petition 

presents substantial scientific information indicating that the revision may be warranted. The Secretary shall promptly publish such 

finding in the Federal Register. 

(ii) Within 12 months after receiving a petition that is found 

under clause (i) to present substantial information indicating that 

the requested revision may be warranted, the Secretary shall determine how he intends to proceed with the requested revision, and 

shall promptly publish notice of such intention in the Federal Register. 

(4) Except as provided in paragraphs (5) and (6) of this subsection, the provisions of section 553 of title 5, United States Code 

(relating to rulemaking procedures), shall apply to any regulation 

promulgated to carry out the purposes of this Act. 

(5) With respect to any regulation proposed by the Secretary to 

implement a determination, designation, or revision referred to in 

subsection (a)(1) or (3), 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, and 


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(ii) give actual notice of the proposed regulation (including the complete text of the regulation) to the State agency 

in each State in which the species is believed to occur, and 

to each county or equivalent jurisdiction in which the species is believed to occur, and invite the comment of such 

agency, and each such jurisdiction, thereon; 

(B) insofar as practical, and in cooperation with the Secretary of State, give notice of the proposed regulation to each 

foreign nation in which the species is believed to occur or 

whose citizens harvest the species on the high seas, and invite 

the comment of such nation thereon; 

(C) give notice of the proposed regulation to such professional scientific organizations as he deems appropriate; 

(D) publish a summary of the proposed regulation in a newspaper of general circulation in each area of the United States 

in which the species is believed to occur; 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. 

(6)(A) Within the one-year period beginning on the date on which 

general notice is published in accordance with paragraph (5)(A)(i) 

regarding a proposed regulation, the Secretary shall publish in the 

Federal Register— 

(i) if a determination as to whether a species is an endangered species or a threatened species, or a revision of critical 

habitat, is involved, either— 

(I) a final regulation to implement such determination, 

(II) a final regulation to implement such revision or a 

finding that such revision should not be made, 

(III) notice that such one-year period is being extended 

under subparagraph (B)(i), or 

(IV) notice that the proposed regulation is being withdrawn under subparagraph (B)(ii), together with the finding on which such withdrawal is based; or 

(ii) subject to subparagraph (C), if a designation of critical 

habitat is involved, either— 

(I) a final regulation to implement such designation, or 

(II) notice that such one-year period is being extended 

under such subparagraph. 

(B)(i) If the Secretary finds with respect to a proposed regulation 

referred to in subparagraph (A)(i) that there is substantial disagreement regarding the sufficiency or accuracy of the available 

data relevant to the determination or revision concerned, the Secretary may extend the one-year period specified in subparagraph 

(A) for not more than six months for purposes of soliciting additional data. 

(ii) If a proposed regulation referred to in subparagraph (A)(i) is 

not promulgated as a final regulation within such one-year period 

(or longer period if extension under clause (i) applies) because the 

Secretary finds that there is not sufficient evidence to justify the 

action proposed by the regulation, the Secretary shall immediately 

withdraw the regulation. The finding on which a withdrawal is 

based shall be subject to judicial review. The Secretary may not 

propose a regulation that has previously been withdrawn under 


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this clause unless he determines that sufficient new information is 

available to warrant such proposal. 

(iii) If the one-year period specified in subparagraph (A) is extended under clause (i) with respect to a proposed regulation, then 

before the close of such extended period the Secretary shall publish 

in the Federal Register either a final regulation to implement the 

determination or revision concerned, a finding that the revision 

should not be made, or a notice of withdrawal of the regulation 

under clause (ii), together with the finding on which the withdrawal is based. 

(C) A final regulation designating critical habitat of an endangered species or a threatened species shall be published concurrently with the final regulation implementing the determination 

that such species is endangered or threatened, unless the Secretary 

deems that— 

(i) it is essential to the conservation of such species that the 

regulation implementing such determination be promptly published; or 

(ii) critical habitat of such species is not then determinable, 

in which case the Secretary, with respect to the proposed regulation to designate such habitat, may extend the one-year period specified in subparagraph (A) by not more than one additional year, but not later than the close of such additional year 

the Secretary must publish a final regulation, based on such 

data as may be available at that time, designating, to the maximum extent prudent, such habitat. 

(7) Neither paragraph (4), (5), or (6) of this subsection nor section 

553 of title 5, United States Code, shall apply to any regulation 

issued by the Secretary in regard to any emergency posing a significant risk to the well-being of any species of fish and wildlife or 

plants, but only if— 

(A) at the time of publication of the regulation in the Federal 

Register the Secretary publishes therein detailed reasons why 

such regulation is necessary; and 

(B) in the case such regulation applies to resident species of 

fish or wildlife, or plants, the Secretary gives actual notice of 

such regulation to the State agency in each State in which 

such species is believed to occur. 

Such regulation shall, at the discretion of the Secretary, take effect 

immediately upon the publication of the regulation in the Federal 

Register. Any regulation promulgated under the authority of this 

paragraph shall cease to have force and effect at the close of the 

240-day period following the date of publication unless, during such 

240-day period, the rulemaking procedures which would apply to 

such regulation without regard to this paragraph are complied 

with. If at any time after issuing an emergency regulation the Secretary determines, on the basis of the best appropriate data available to him, that substantial evidence does not exist to warrant 

such regulation, he shall withdraw it. 

(8) The publication in the Federal Register of any proposed or 

final regulation which is necessary or appropriate to carry out the 

purposes of this Act shall include a summary by the Secretary of 

the data on which such regulation is based and shall show the relationship of such data to such regulation; and if such regulation designates or revises critical habitat, such summary shall, to the maxVerDate Sep 11 2014 05:05 Feb 16, 2018 Jkt 079006 PO 00000 Frm 00014 Fmt 6659 Sfmt 6601 E:\HR\OC\HR561.XXX HR561

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imum extent practicable, also include a brief description and evaluation of those activities (whether public or private) which, in the 

opinion of the Secretary, if undertaken may adversely modify such 

habitat, or may be affected by such designation. 

(9) The Secretary shall make publicly available on the Internet 

the best scientific and commercial data available that are the basis 

for each regulation, including each proposed regulation, promulgated under subsection (a)(1), except that, at the request of a Governor or legislature of a State, the Secretary shall not make available under this paragraph information regarding which the State 

has determined public disclosure is prohibited by a law of that 

State relating to the protection of personal information. 

(c) LISTS.—(1) The Secretary of the Interior shall publish in the 

Federal Register a list of all species determined by him or the Secretary of Commerce to be endangered species and a list of all species determined by him or the Secretary of Commerce to be threatened species. Each list shall refer to the species contained therein 

by scientific and common name or names, if any, specify with respect to such species over what portion of its range it is endangered 

or threatened, and specify any critical habitat within such range. 

The Secretary shall from time to time revise each list published 

under the authority of this subsection to reflect recent determinations, designations, and revisions made in accordance with subsections (a) and (b). 

(2) The Secretary shall— 

(A) conduct, at least once every five years, a review of all 

species included in a list which is published pursuant to paragraph (1) and which is in effect at the time of such review; and 

(B) determine on the basis of such review whether any such 

species should— 

(i) be removed from such list; 

(ii) be changed in status from an endangered species to 

a threatened species; or 

(iii) be changed in status from a threatened species to an 

endangered species. 

Each determination under subparagraph (B) shall be made in accordance with the provisions of subsection (a) and (b). 

(d) PROTECTIVE REGULATIONS.—Whenever any species is listed as 

a threatened species pursuant to subsection (c) of this section, the 

Secretary shall issue such regulations as he deems necessary and 

advisable to provide for the conservation of such species. The Secretary may by regulation prohibit with respect to any threatened 

species any act prohibited under section 9(a)(1), in the case of fish 

or wildlife, or section 9(a)(2) in the case of plants, with respect to 

endangered species; except that with respect to the taking of resident species of fish or wildlife, such, regulations shall apply in any 

State which has entered into a cooperative agreement pursuant to 

section 6(c) of this Act only to the extent that such regulations 

have also been adopted by such State. 

(e) SIMILARITY OF APPEARANCE CASES.—The Secretary may, by 

regulation of commerce or taking, and to the extent he deems advisable, treat any species as an endangered species or threatened 

species even through it is not listed pursuant to section 4 of this 

Act if he finds that— 


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(A) such species so closely resembles in appearance, at the 

point in question, a species which has been listed pursuant to 

such section that enforcement personnel would have substantial difficulty in attempting to differentiate between the listed 

and unlisted species; 

(B) the effect of this substantial difficulty is an additional 

threat to an endangered or threatened species; and 

(C) such treatment of an unlisted species will substantially 

facilitate the enforcement and further the policy of this Act. 

(f)(1) RECOVERY PLANS.—The Secretary shall develop and implement plans (hereinafter in this subsection referred to as ‘‘recovery 

plans’’) for the conservation and survival of endangered species and 

threatened species listed pursuant to this section, unless he finds 

that such a plan will not promote the conservation of the species. 

The Secretary, in developing and implementing recovery plans, 

shall, to the maximum extent practicable— 

(A) give priority to those endangered species or threatened 

species, without regard to taxonomic classification, that are 

most likely to benefit from such plans, particularly those species that are, or may be, in conflict with construction or other 

development projects or other forms of economic activity; 

(B) incorporate in each plan— 

(i) a description of such site-specific management actions 

as may be necessary to achieve the plan’s goal for the conservation and survival of the species; 

(ii) objective, measurable criteria which, when met, 

would result in a determination, in accordance with the 

provisions of this section, that the species be removed from 

the list; and 

(iii) estimates of the time required and the cost to carry 

out those measures needed to achieve the plan’s goal and 

to achieve intermediate steps toward that goal. 

(2) The Secretary, in developing and implementing recovery 

plans, may procure the services of appropriate public and private 

agencies and institutions and other qualified persons. Recovery 

teams appointed pursuant to this subsection shall not be subject to 

the Federal Advisory Committee Act. 

(3) The Secretary shall report every two years to the Committee 

on Environment and Public Works of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives on the status of efforts to develop and implement recovery plans for all species listed pursuant to this section and on 

the status of all species for which such plans have been developed. 

(4) The Secretary shall, prior to final approval of a new or revised recovery plan, provide public notice and an opportunity for 

public review and comment on such plan. The Secretary shall consider all information presented during the public comment period 

prior to approval of the plan. 

(5) Each Federal agency shall, prior to implementation of a new 

or revised recovery plan, consider all information presented during 

the public comment period under paragraph (4). 

(g) MONITORING.—(1) The Secretary shall implement a system in 

cooperation with the States to monitor effectively for not less than 

five years the status of all species which have recovered to the 

point at which the measures provided pursuant to this Act are no 


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longer necessary and which, in accordance with the provisions of 

this section, have been removed from either of the lists published 

under subsection (c). 

(2) The Secretary shall make prompt use of the authority under 

paragraph 7 of subsection (b) of this section to prevent a significant 

risk to the well being of any such recovered species. 

(h) AGENCY GUIDELINES.—The Secretary shall establish, and 

publish in the Federal Register, agency guidelines to insure that 

the purposes of this section are achieved efficiently and effectively. 

Such guidelines shall include, but are not limited to— 

(1) procedures for recording the receipt and the disposition of 

petitions submitted under subsection (b)(3) of this section; 

(2) criteria for making the findings required under such subsection with respect to petitions; 

(3) a ranking system to assist in the identification of species 

that should receive priority review under subsection (a)(1) of 

the section; and 

(4) a system for developing and implementing, on a priority 

basis, recovery plans under subsection (f) of this section. 

The Secretary shall provide to the public notice of, and opportunity 

to submit written comments on, any guideline (including any 

amendment thereto) proposed to be established under this subsection. 

(i) If, in the case of any regulation proposed by the Secretary 

under the authority of this section, a State agency to which notice 

thereof was given in accordance with subsection (b)(5)(A)(ii) files 

comments disagreeing with all or part of the proposed regulation, 

and the Secretary issues a final regulation which is in conflict with 

such comments, or if the Secretary fails to adopt a regulation pursuant to an action petitioned by a State agency under subsection 

(b)(3), the Secretary shall submit to the State agency a written justification for his failure to adopt regulations consistent with the 

agency’s comments or petition. 

* * * * * * * 

COOPERATION WITH THE STATES

SEC. 6. (a) GENERAL.—(1) In carrying out the program authorized 

by this Act, the Secretary shall cooperate to the maximum extent 

practicable with the States. øSuch cooperation shall include¿ 

(2) Such cooperation shall include— 

(A) before making a determination under section 4(a), providing to States affected by such determination all data that is 

the basis of the determination; and 

(B) consultation with the States concerned before acquiring 

any land or water, or interest therein, for the purpose of conserving any endangered species or threatened species. 

(b) MANAGEMENT AGREEMENTS.—The Secretary may enter into 

agreements with any State for the administration and management 

of any area established for the conservation of endangered species 

or threatened species. Any revenues derived from the administration of such areas under these agreements shall be subject to the 

provisions of section 401 of the Act of June 15, 1935 (49 Stat. 383; 

16 U.S.C. 715s). 


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(c)(1) COOPERATIVE AGREEMENTS.—In furtherance of the purposes of this Act, the Secretary is authorized to enter into a cooperative agreement in accordance with this section with any State 

which establishes and maintains an adequate and active program 

for the conservation of endangered species and threatened species. 

Within one hundred and twenty days after the Secretary receives 

a certified copy of such a proposed State program, he shall make 

a determination whether such program is in accordance with this 

Act. Unless he determines, pursuant to this paragraph, that the 

State program is not in accordance with this Act, he shall enter 

into a cooperative agreement with the State for the purpose of assisting in implementation of the State program. In order for a State 

program to be deemed an adequate and active program for the conservation of endangered species and threatened species, the Secretary must find, and annually thereafter reconfirm such finding, 

that under the State program— 

(A) authority resides in the State agency to conserve resident 

species of fish or wildlife determined by the State agency or 

the Secretary to be endangered or threatened; 

(B) the State agency has established acceptable conservation 

programs, consistent with the purposes and policies of this Act, 

for all resident species of fish or wildlife in the State which are 

deemed by the Secretary to be endangered or threatened, and 

has furnished a copy of such plan and program together with 

all pertinent details, information, and data requested to the 

Secretary; 

(C) the State agency is authorized to conduct investigations 

to determine the status and requirements for survival of resident species of fish and wildlife; 

(D) the State agency is authorized to establish programs, including the acquisition of land or aquatic habitat or interests 

therein, for the conservation of resident endangered or threatened species of fish or wildlife; and 

(E) provision is made for public participation in designating 

resident species of fish or wildlife as endangered or threatened; 

or 

that under the State program— 

(i) the requirements set forth in subparagraphs (C), (D), and 

(E) of this paragraph are complied with, and 

(ii) plans are included under which immediate attention will 

be given to those resident species of fish and wildlife which are 

determined by the Secretary or the State agency to be endangered or threatened and which the Secretary and the State 

agency agree are most urgently in need of conservation programs; except that a cooperative agreement entered into with 

a State whose program is deemed adequate and active pursuant to clause (i) and this clause shall not affect the applicability of prohibitions set forth in or authorized pursuant to section 4(d) or section 9(a)(1) with respect to the taking of any 

resident endangered or threatened species. 

(2) In furtherance of the purposes of this Act, the Secretary is authorized to enter into a cooperative agreement in accordance with 

this section with any State which establishes and maintains an 

adequate and active program for the conservation of endangered 


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species and threatened species of plants. Within one hundred and 

twenty days after the Secretary receives a certified copy of such a 

proposed State program, he shall make a determination whether 

such program is in accordance with this Act. Unless he determines, 

pursuant to this paragraph, that the State program is not in accordance with this Act, he shall enter into a cooperative agreement 

with the State for the purpose of assisting in implementation of the 

State program. In order for a State program to be deemed an adequate and active program for the conservation of endangered species of plants and threatened species of plants, the Secretary must 

find, and annually thereafter reconfirm such findings, that under 

the State program— 

(A) authority resides in the State agency to conserve resident 

species of plants determined by the State agency or the Secretary to be endangered or threatened; 

(B) the State agency has established acceptable conservation 

programs, consistent with the purposes and policies of this Act, 

for all resident species of plants in the State which are deemed 

by the Secretary to be endangered or threatened, and has furnished a copy of such plan and program together with all pertinent details, information, and data requested to the Secretary; 

(C) the State agency is authorized to conduct investigations 

to determine the status and requirements for survival of resident species of plants; and 

(D) provision is made for public participation in designating 

resident species of plants as endangered or threatened; or that 

under the State program— 

(i) the requirements set forth in subparagraphs (C) and 

(D) of this paragraph are complied with, and 

(ii) plans are included under which immediate attention 

will be given to those resident species of plants which are 

determined by the Secretary or the State agency to be endangered or threatened and which the Secretary and the 

State agency agree are most urgently in need of conservation programs; except that a cooperative agreement entered into with a State whose program is deemed adequate 

and active pursuant to clause (i) and this clause shall not 

affect the applicability of prohibitions set forth in or authorized pursuant to section 4(d) or section 9(a)(1) with respect to the taking of any resident endangered or threatened species. 

(d) ALLOCATION OF FUNDS.—(1) The Secretary is authorized to 

provide financial assistance to any State, through its respective 

State agency, which has entered into a cooperative agreement pursuant to subsection (c) of this section to assist in development of 

programs for the conservation of endangered and threatened species or to assist in monitoring the status of candidate species pursuant to subparagraph (C) of section 4(b)(3) and recovered species 

pursuant to section 4(g). The Secretary shall allocate each annual 

appropriation made in accordance with the provisions of subsection 

(i) of this section to such States based on consideration of— 

(A) the international commitments of the United States to 

protect endangered species or threatened species; 


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(B) the readiness of a State to proceed with a conservation 

program consistent with the objectives and purposes of this 

Act; 

(C) the number of endangered species and threatened species 

within a State; 

(D) the potential for restoring endangered species and 

threatened species within a State; 

(E) the relative urgency to initiate a program to restore and 

protect an endangered species or threatened species in terms 

of survival of the species; 

(F) the importance of monitoring the status of candidate species within a State to prevent a significant risk to the well 

being of any such species; and 

(G) the importance of monitoring the status of recovered species within a State to assure that such species do not return 

to the point at which the measures provided pursuant to this 

Act are again necessary. 

So much of the annual appropriation made in accordance with provisions of subsection (i) of this section allocated for obligation to 

any State for any fiscal year as remains unobligated at the close 

thereof is authorized to be made available to that State until the 

close of the succeeding fiscal year. Any amount allocated to any 

State which is unobligated at the end of the period during which 

it is available for expenditure is authorized to be made available 

for expenditure by the Secretary in conducting programs under this 

section. 

(2) Such cooperative agreements shall provide for (A) the actions 

to be taken by the Secretary and the States; (B) the benefits that 

are expected to be derived in connection with the conservation of 

endangered or threatened species; (C) the estimated cost of these 

actions; and (D) the share of such costs to be bore by the Federal 

Government and by the States; except that— 

(i) the Federal share of such program costs shall not exceed 

75 percent of the estimated program cost stated in the agreement; and 

(ii) the Federal share may be increased to 90 percent whenever two or more States having a common interest in one or 

more endangered or threatened species, the conservation of 

which may be enhanced by cooperation of such States, enter 

jointly into agreement with the Secretary. 

The Secretary may, in his discretion, and under such rules and regulations as he may prescribe, advance funds to the State for financing the United States pro rata share agreed upon in the cooperative agreement. For the purposes of this section, the non-Federal 

share may, in the discretion of the Secretary, be in the form of 

money or real property, the value of which will be determined by 

the Secretary whose decision shall be final. 

(e) REVIEW OF STATE PROGRAMS.—Any action taken by the Secretary under this section shall be subject to his periodic review at 

no greater than annual intervals. 

(f) CONFLICTS BETWEEN FEDERAL AND STATE LAWS.—Any State 

law or regulation which applies with respect to the importation or 

exportation of, or interstate or foreign commerce in, endangered 

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tively (1) permit what is prohibited by this Act or by any regulation 

which implements this Act, or (2) prohibit what is authorized pursuant to an exemption or permit provided for in this Act or in any 

regulation which implements this Act. This Act shall not otherwise 

be construed to void any State law or regulation which is intended 

to conserve migratory, resident, or introduced fish or wildlife, or to 

permit or prohibit sale of such fish or wildlife. Any State law or 

regulation respecting the taking of an endangered species or 

threatened species may be more restrictive than the exemptions or 

permits provided for in this Act or in any regulation which implements this Act but not less restrictive than the prohibitions so defined. 

(g) TRANSITION.—(1) For purposes of this subsection, the term 

‘‘establishment period’’ means, with respect to any State, the period 

beginning on the date of enactment of this Act and ending on 

whichever of the following dates first occurs: (A) the date of the 

close of the 120-day period following the adjournment of the first 

regular session of the legislature of such State which commences 

after such date of enactment, or (B) the date of the close of the 15- 

month period following such date of enactment. 

(2) The prohibitions set forth in or authorized pursuant to sections 4(d) and 9(a)(1)(B) of this Act shall not apply with respect to 

the taking of any resident endangered species or threatened species 

(other than species listed in Appendix I to the Convention or otherwise specifically covered by any other treaty or Federal law) within 

any State— 

(A) which is then a party to a cooperative agreement with 

the Secretary pursuant to section 6(c) of this Act (except to the 

extent that the taking of any such species is contrary to the 

law of such State); or 

(B) except for any time within the establishment period 

when— 

(i) the Secretary applies such prohibition to such species 

at the request of the State, or 

(ii) the Secretary applies such prohibition after he finds, 

and publishes his finding, that an emergency exists posing 

a significant risk to the well-being of such species and that 

the prohibition must be applied to protect such species. 

The Secretary’s finding and publication may be made without regard to the public hearing or comment provisions of 

section 553 of title 5, United States Code, or any other provision of this Act; but such prohibition shall expire 90 days 

after the date of its imposition unless the Secretary further extends such prohibition by publishing notice and a 

statement of justification of such extension. 

(h) REGULATIONS.—The Secretary is authorized to promulgate 

such regulations as may be appropriate to carry out the provisions 

of this section relating to financial assistance to States. 

(i) APPROPRIATIONS.—(1) To carry out the provisions of this section for fiscal years after September 30, 1988, there shall be deposited into a special fund known as the cooperative endangered species conservation fund, to be administered by the Secretary, an 

amount equal to five percent of the combined amounts covered each 

fiscal year into the Federal aid to wildlife restoration fund under 

section 3 of the Act of September 2, 1937, and paid, transferred, 


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or otherwise credited each fiscal year to the Sport Fishing Restoration Account established under 1016 of the Act of July 18, 1984. 

(2) Amounts deposited into the special fund are authorized to be 

appropriated annually and allocated in accordance with subsection 

(d) of this section. 

* * * * * * * 


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DISSENTING VIEWS 

H.R. 1274 would require that all data submitted by states, tribes 

or local governments during a listing determination automatically 

be considered the ‘‘best scientific data available.’’ The bill would 

also require that all data that is the basis of a listing determination under the Endangered Species Act (ESA) be provided to any 

state affected by the listing prior to the final determination. 

Forcing Federal agencies to accept as the ‘‘best available science’’ 

anything that states, localities, or tribes submit is both unreasonable and impractical. At best, the lack of quality control could allow 

faulty data to warp the ESA process; at worst, this provision would 

invite the submission of incomplete, shoddy, or falsified information 

in support of political, not scientific goals. 

Further, H.R. 1274 opens up a whole new avenue for litigation 

under the ESA, particularly in cases where states, localities, or 

tribes submit conflicting data. There is no scientific basis whatsoever for Congress to establish any particular source of data as 

being the ‘‘best’’ when in fact it may not be. Agency decision-makers must constantly evaluate data from all sources to ensure they 

are making decisions based on the best information available, and 

we should encourage them to continue doing so. 

The requirement that the U.S. Fish and Wildlife Service (FWS) 

provide states all data used in listing decisions is an unnecessary 

burden on the agency and would be unworkable in many cases. 

FWS already provides any references cited for each listing decision, 

in addition to any data they are authorized to release, upon request. However, FWS does not own all of the data it uses in making listing decisions, and is therefore not legally able to release 

some of it. 

By dictating what constitutes sound science based on its source 

rather than its merit, this bill creates more problems than it solves. 

The decision on whether or not any particular study or data set has 

scientific merit with respect to an individual species listing should 

be made in the context of on-the-ground conservation work, not by 

politicians in Washington, DC. For these reasons, we oppose H.R. 

1274 as reported. 

RAU ́ L M. GRIJALVA, 

Ranking Member, Committee 

on Natural Resources. 

DARREN SOTO. 

JARED HUFFMAN. 

ALAN S. LOWENTHAL. 


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NANETTE DIAZ BARRAGA ́ N. GRACE F. NAPOLITANO. DONALD S. BEYER, JR. A. DONALD MCEACHIN. COLLEEN HANABUSA. 

Æ 


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