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. CHENEY) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Listing Reform Act’’. 


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1 SEC. 2. CONSIDERATION OF ECONOMIC COST IN REVIEW 

2 OF LISTING PETITIONS UNDER ENDANGERED 

3 SPECIES ACT OF 1973. 

4 (a) CONSIDERATION REQUIRED.—Section 4(b)(3) of 

5 the Endangered Species Act of 1973 (16 U.S.C. 

6 1533(b)(3)) is amended— 

7 (1) in subparagraph (A)— 

8 (A) by striking ‘‘To the maximum extent 

9 practicable, within 90 days after’’ and inserting 

10 ‘‘(i) After’’; and 

11 (B) by adding at the end the following: 

12 ‘‘(ii) The Secretary may prioritize the consideration 

13 of petitions under this subparagraph other than in the 

14 order in which the petitions are received, except the Sec15 retary may not give general priority to petitions to add 

16 species to such a list over petitions to remove a species 

17 from such a list.’’; 

18 (2) in subparagraph (B)— 

19 (A) in the matter preceding clause (i), by 

20 striking ‘‘Within 12 months’’ and inserting ‘‘As 

21 expeditiously as practicable’’. 

22 (b) CONSIDERATION OF SIGNIFICANT, CUMULATIVE

23 ECONOMIC EFFECTS.— 

24 (1) IN GENERAL.—Section 4(b)(3)(B) of the 

25 Endangered Species Act of 1973 (16 U.S.C. 


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1 1533(b)(3)(B)) is amended by adding at the end the 

2 following: 

3 ‘‘(iv)(I) In the case of a petition to add a spe4 cies to a list of threatened species, the petitioned ac5 tion may be warranted but is precluded due to the 

6 likelihood of significant, cumulative economic effects 

7 that would result from listing or, to the extent it can 

8 be determined, from the likely resulting designation 

9 of critical habitat of the species. 

10 ‘‘(II) The Secretary may not reconsider such 

11 finding unless— 

12 ‘‘(aa) the Secretary determines there is 

13 endangerment of extinction of the species; or 

14 ‘‘(bb) the Secretary receives a new petition 

15 to add such species to such list that includes a 

16 written qualitative and quantitative analyses re17 examining the incremental and significant, cu18 mulative economic effects of likely actions to 

19 protect the petitioned species and its potential 

20 habitat upon each State and locality that is af21 fected by the petitioned species listing and that, 

22 in the opinion of the Secretary, credibly con23 cludes that alternative actions are possible 

24 other than those resulting in significant, cumu25 lative economic effects. 


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1 ‘‘(III) In this clause the term ‘significant, cu2 mulative economic effects’ includes economic effects 

3 on— 

4 ‘‘(aa) public land and, to the maximum ex5 tent practicable, private land and property val6 ues; 

7 ‘‘(bb) the provision of water, power, or 

8 other public services; 

9 ‘‘(cc) employment; and 

10 ‘‘(dd) revenues available for State and 

11 local governments.’’. 

12 (2) CONFORMING AMENDMENT.—Section 

13 4(b)(1) of the Endangered Species Act of 1973 (16 

14 U.S.C. 1533(b)(1)) is amended by inserting ‘‘(except 

15 as provided in clause (iv) of paragraph (3)(B))’’ 

16 after ‘‘solely’’. 

Æ 


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