I 

118TH CONGRESS 

1ST SESSION H. R. 1142 

To amend the Endangered Species Act of 1973 to require consideration 

of economic impact in making a listing decision with respect to the 

list of threatened and endangered species, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 21, 2023 

Mr. PFLUGER (for himself, Mr. MCCLINTOCK, and Mr. STEUBE) 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 

consideration of economic impact in making a listing 

decision with respect to the list of threatened and endangered 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. ENDANGERED SPECIES REFORM. 

4 (a) CONSIDERATION OF ECONOMIC IMPACT.—Section 

5 4(a) of the Endangered Species Act of 1973 (16 U.S.C. 

6 1533(a)) is amended— 


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1 (1) In paragraph (1), by striking ‘‘The Sec2 retary’’ and inserting ‘‘Except as provided in para3 graph (4), the Secretary’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(4) CONSIDERATION OF ECONOMIC IMPACT.— 

6 ‘‘(A) IN GENERAL.—The Secretary may 

7 not make a determination under paragraph (1) 

8 if such determination, or any action required as 

9 a result of such determination, would cause sig10 nificant economic harm to any State or locality. 

11 ‘‘(B) SIGNIFICANT ECONOMIC HARM.—The 

12 term ‘significant economic harm’ means signifi13 cant economic harm determined by considering 

14 the cumulative economic effects on— 

15 ‘‘(i) public land and, to the maximum 

16 extent practicable, private land and prop17 erty values; 

18 ‘‘(ii) the provision of water, power, or 

19 other public services; 

20 ‘‘(iii) employment; and 

21 ‘‘(iv) revenues available for State and 

22 local governments.’’. 

23 (b) CONSIDERATION OF SIGNIFICANT, CUMULATIVE

24 ECONOMIC EFFECTS REQUIRED.—Section 4(b)(3) of the 


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1 Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)) 

2 is amended— 

3 (1) in subparagraph (A)— 

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

5 practicable, within 90 days after’’ and inserting 

6 ‘‘(i) After’’; and 

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

8 ‘‘(ii) The Secretary may prioritize the con9 sideration of petitions under this subparagraph 

10 in such manner as the Secretary determines ap11 propriate, except the Secretary may not give 

12 general priority to petitions to add species to 

13 such a list over petitions to remove a species 

14 from such a list.’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(E) The Secretary shall, not later than 

17 30 days after failing to meet the requirements 

18 of subparagraph (B) within 12 months with re19 spect to a petition to which such subparagraph 

20 applies, submit a report to Congress— 

21 ‘‘(i) identifying the petition; and 

22 ‘‘(ii) explaining why the Secretary did 

23 not meet the deadline described in subVerDate Sep 11 2014 03:32 Mar 11, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1142.IH H1142

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1 paragraph (B) with respect to such peti2 tion.’’. 

Æ 


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