II 

118TH CONGRESS 

2D SESSION S. 4985 

To reform the process for listing a species as threatened or endangered 

under the Endangered Species Act of 1973, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2024 

Mr. LANKFORD (for himself, Mr. BARRASSO, and Ms. LUMMIS) introduced the 

following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To reform the process for listing a species as threatened 

or endangered under the Endangered Species Act of 

1973, 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 ‘‘21st Century Wildlife 

5 Enhancement and Partnership Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) CANDIDATE CONSERVATION AGREEMENT.— 

9 The term ‘‘Candidate Conservation Agreement’’ 


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1 means a formal, voluntary agreement between the 

2 Service and 1 or more parties to address the con3 servation needs of— 

4 (A) a candidate species; or 

5 (B) a species that may become a candidate 

6 species in the near future. 

7 (2) CANDIDATE CONSERVATION AGREEMENT

8 WITH ASSURANCES.—The term ‘‘Candidate Con9 servation Agreement with Assurances’’ means a 

10 Candidate Conservation Agreement that provides in11 centives for persons that are parties to the Can12 didate Conservation Agreement to engage in the vol13 untary conservation activities described in the Can14 didate Conservation Agreement. 

15 (3) CANDIDATE SPECIES.—The term ‘‘can16 didate species’’ means a species that is under consid17 eration for listing as threatened or endangered 

18 under the Endangered Species Act of 1973 (16 

19 U.S.C. 1531 et seq.). 

20 (4) CONSERVATION BENEFIT AGREEMENT.— 

21 The term ‘‘Conservation Benefit Agreement’’ means 

22 a conservation benefit agreement described in the 

23 final rule of the Service entitled ‘‘Endangered and 

24 Threatened Wildlife and Plants; Enhancement of 


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1 Survival and Incidental Take Permits’’ (89 Fed. 

2 Reg. 26070 (April 12, 2024)). 

3 (5) ESTABLISHED CONSORTIUM.—The term 

4 ‘‘established consortium’’ means a State-based or 

5 multi-State-based group of individuals or organiza6 tions that— 

7 (A) is established as of the date of enact8 ment of this Act; 

9 (B) operates under a functioning, as deter10 mined by the individuals or organizations that 

11 are parties to that consortium— 

12 (i) conservation or recovery plan; or 

13 (ii) conservation, recovery, or planning 

14 documents; and 

15 (C) is an ongoing partnership organized 

16 principally for the conservation of a species that 

17 is not listed, or a species that is proposed to be 

18 listed, under the Endangered Species Act of 

19 1973 (16 U.S.C. 1531 et seq.). 

20 (6) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of the Interior. 

22 (7) SERVICE.—The term ‘‘Service’’ means the 

23 United States Fish and Wildlife Service. 


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1 (8) SPECIES.—The term ‘‘species’’ has the 

2 meaning given the term in section 3 of the Endan3 gered Species Act of 1973 (16 U.S.C. 1532). 

4 (9) THIRD-PARTY EVALUATOR TEAM.—The 

5 term ‘‘third-party evaluator team’’ means an inde6 pendent entity empaneled under section 3(a). 

7 SEC. 3. INDEPENDENT REVIEW OF PROPOSED LISTINGS. 

8 (a) THIRD-PARTY EVALUATOR TEAMS.— 

9 (1) IN GENERAL.—Not later than 90 days after 

10 the date on which an established consortium re11 quests that a third-party evaluator team be 

12 empaneled under subsection (b)(1)(B), the Secretary 

13 shall empanel a third-party evaluator team to review, 

14 evaluate, and determine the sufficiency of a proposed 

15 listing as threatened or endangered under the En16 dangered Species Act of 1973 (16 U.S.C. 1531 et 

17 seq.) by the Service of a species that is managed by 

18 the established consortium that objects to that pro19 posed listing. 

20 (2) MEMBERSHIP; STRUCTURE.— 

21 (A) IN GENERAL.—The structure and 

22 membership of a third-party evaluator team 

23 shall be established by the Secretary, in con24 sultation with Congress, subject to the condi25 tion that the Secretary shall have the final deVerDate Sep 11 2014 23:53 Sep 05, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4985.IS S4985

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1 termination on the structure, membership, and 

2 scope of review of a third-party evaluator team. 

3 (B) GUIDELINES AND REQUIREMENTS FOR

4 MEMBERSHIP.—In establishing the membership 

5 of a third-party evaluator team under subpara6 graph (A), the Secretary shall adhere to the fol7 lowing requirements: 

8 (i) Not fewer than 5, but not greater 

9 than 9, individuals selected to serve on the 

10 third-party evaluator team shall have ex11 pertise in the following: 

12 (I) Science or academic back13 ground necessary to render an expert 

14 opinion on the scientific studies and 

15 related materials submitted for review 

16 under paragraphs (5) and (6)(C) of 

17 subsection (b). 

18 (II) Ability to provide economic 

19 analysis and economic impacts of a 

20 threatened or endangered species list21 ing on local and regional economies, 

22 with a particular expertise on impacts 

23 on private landowners and small busi24 nesses. 


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1 (III) Voluntary conservation 

2 partnerships. 

3 (IV) Natural resource-related in4 dustries, including oil and gas, min5 ing, forestry, ranching, agriculture, 

6 and grazing. 

7 (ii) No current or former employee of 

8 the Service shall be eligible to serve on the 

9 third-party evaluator team. 

10 (C) CHAIR.—The Chair of a third-party 

11 evaluator team shall be determined by the mem12 bers of the third-party evaluator team. 

13 (D) PUBLICATION.—Not later than 10 

14 days before the date on which a third-party 

15 evaluator team has its first meeting, the Sec16 retary shall publish, by Secretarial Order in the 

17 Federal Register, the structure, membership, 

18 and scope of review of the third-party evaluator 

19 team. 

20 (3) ADMINISTRATION; VOTING.— 

21 (A) IN GENERAL.—A third-party evaluator 

22 team shall determine the process for reviewing 

23 documents, requesting information, drafting the 

24 final report under subsection (b)(7), and other 

25 related actions. 


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1 (B) VOTING.— 

2 (i) IN GENERAL.—Each member of a 

3 third-party evaluator team shall have an 

4 equal vote. 

5 (ii) VOTE TO PROCEED.— 

6 (I) IN GENERAL.—A determina7 tion on proceeding by a third-party 

8 evaluator team shall be by majority 

9 vote. 

10 (II) TIE.—For purposes of pre11 paring and submitting a final report 

12 and determination under subsection 

13 (b)(7), a vote of a third-party eval14 uator team that results in a tie shall 

15 result in the proposed listing that is 

16 the subject of that final report and 

17 determination to be terminated. 

18 (4) COMPENSATION OF MEMBERS.—A member 

19 of a third-party evaluator team who is not an officer 

20 or employee of the Federal Government shall be 

21 compensated at a rate equal to the daily equivalent 

22 of the annual rate of basic pay prescribed for level 

23 IV of the Executive Schedule under section 5315 of 

24 title 5, United States Code, for each day (including 

25 travel time) during which the member is engaged in 


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1 the performance of the duties of the third-party 

2 evaluator team. 

3 (5) TRAVEL EXPENSES.—A member of a third4 party evaluator team shall be allowed travel ex5 penses, including per diem in lieu of subsistence, at 

6 rates authorized for employees of agencies under 

7 subchapter I of chapter 57 of title 5, United States 

8 Code, while away from their homes or regular places 

9 of business in the performance of services for the 

10 third-party evaluator team. 

11 (b) PROCESS.— 

12 (1) IN GENERAL.—Not later than 21 days after 

13 the date on which the Secretary publishes a notice 

14 of a proposed listing of a species as threatened or 

15 endangered under the Endangered Species Act of 

16 1973 (16 U.S.C. 1531 et seq.), an established con17 sortium may— 

18 (A) submit to the Secretary a letter object19 ing to the proposed listing; and 

20 (B) request that a third-party evaluator 

21 team be empaneled. 

22 (2) CEASE OF FEDERAL ACTION.—On receipt of 

23 an objection letter from an established consortium 

24 under paragraph (1)(A), the Secretary shall cease all 

25 action with respect to the proposed listing. 


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1 (3) RESPONSE BY SECRETARY.—Not later than 

2 45 days after the date on which the Secretary re3 ceives an objection letter from an established consor4 tium under paragraph (1)(A), the Secretary shall 

5 refer the matter to the third-party evaluator team. 

6 (4) FIRST MEETING.—Not later than 14 days 

7 after the date on which the Secretary refers an ob8 jection to the third-party evaluator team under para9 graph (3), the third-party evaluator shall hold its 

10 first meeting. 

11 (5) SUBMISSION OF INFORMATION.—At such 

12 time and in such manner as the third-party eval13 uator team determines appropriate, the Service and 

14 the established consortium shall submit to the third15 party evaluator team the scientific data, or any 

16 other material, that the Service and the established 

17 consortium, respectively, believes supports its posi18 tion in opposition to, or support for, the proposed 

19 listing. 

20 (6) REVIEW.— 

21 (A) IN GENERAL.—Not later than 90 days 

22 after the date on which the third-party eval23 uator team receives the information submitted 

24 under paragraph (5), the third-party evaluator 

25 team— 


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1 (i) shall conduct an initial review of 

2 the assertions made by the Service and the 

3 established consortium; and 

4 (ii) may, as applicable, request addi5 tional information from— 

6 (I) the Service or the established 

7 consortium; or 

8 (II) outside parties, including the 

9 public, experts, or any other party, as 

10 determined by the third-party eval11 uator team. 

12 (B) CONSIDERATIONS.—In conducting an 

13 initial review under subparagraph (A)(i), the 

14 third-party evaluator team shall consider, in ad15 dition to the information submitted under para16 graph (5)— 

17 (i) the current management plans in 

18 place for the applicable candidate species; 

19 (ii) opportunities for achieving, or 

20 continuing, protection of the applicable 

21 species through the current, or enhanced, 

22 voluntary conservation actions; 

23 (iii) the economic impacts of the pro24 posed listing; and 


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1 (iv) such other factors, as determined 

2 by the third-party evaluator team. 

3 (C) RESPONSE TO REQUEST.—If the third4 party evaluator team requests additional infor5 mation from the Service, the established consor6 tium, or an outside party under subparagraph 

7 (A)(ii), the Service, established consortium, or 

8 outside party, as applicable, shall have 30 days 

9 to respond to that request. 

10 (7) FINAL DECISION AND REPORT.— 

11 (A) IN GENERAL.—Not later than 180 

12 days after the later of the date on which the 

13 third-party evaluator team conducts an initial 

14 review under subparagraph (A)(i) of paragraph 

15 (6) and the date on which the third-party eval16 uator team receives additional information 

17 under subparagraph (C) of that paragraph, the 

18 third-party evaluator team shall review the ad19 ditional information, if applicable, and provide 

20 to the Secretary a final report that contains a 

21 binding determination describing whether the 

22 proposed listing shall— 

23 (i) proceed; 

24 (ii) be terminated; or 


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1 (iii) be remanded back to the Service 

2 for further action, in accordance with that 

3 determination. 

4 (B) REQUIREMENT.—A final report sub5 mitted under subparagraph (A) shall be made 

6 publicly available and of sufficient length and 

7 detail to provide members of the public with a 

8 clear and basic understanding of the decision 

9 and why the decision was rendered. 

10 (C) DISSENTS.—Any member of the third11 party evaluator team that disagrees with the 

12 final report submitted under subparagraph (A) 

13 may submit, to the Secretary in accordance 

14 with that subparagraph, a dissent. 

15 (8) FINAL AGENCY ACTION.—A determination 

16 made by the third-party evaluator team under para17 graph (7)(A) shall constitute a final agency action 

18 (as defined in section 551 of title 5, United States 

19 Code). 

20 SEC. 4. ENHANCING THE TRANSPARENCY OF THE LISTING 

21 PROCESS. 

22 (a) IN GENERAL.—In accordance with subchapter II 

23 of chapter 5, and chapter 7, of title 5, United States Code 

24 (commonly known as the ‘‘Administrative Procedure 


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1 Act’’), each Species Status Assessment shall be subject to 

2 notice and comment. 

3 (b) REQUIREMENTS.—Each Species Status Assess4 ment shall include— 

5 (1) the names of all peer reviewers; 

6 (2) a biography of each peer reviewer; 

7 (3) the selection process for the members of the 

8 peer review team; 

9 (4) a detailed description of all previous Species 

10 Status Assessments that the peer review team has 

11 reviewed and the role of each member of the peer re12 view team in those reviews; 

13 (5) a list of published papers the peer reviewers 

14 have produced, including the subject of the Species 

15 Status Assessment and methodologies and expertise 

16 related to information included the Species Status 

17 Assessment; 

18 (6) an annotated bibliography of all reports, 

19 academic papers, and related material considered 

20 but excluded from the final Species Status Assess21 ment and an explanation of why that information 

22 was excluded; 

23 (7) an annotated bibliography of all reports, 

24 academic papers, and related material considered 

25 and included in the final Species Status Assessment 


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1 and an explanation of why that information was in2 cluded; and 

3 (8) an explanation of how the Service inter4 preted the genetic data and information in the Spe5 cies Status Assessment and, to the extent the peer 

6 review team use data sets, the given assumptions in 

7 the interpretation of those data sets. 

8 SEC. 5. CODIFICATION OF PARTNERSHIPS. 

9 (a) CANDIDATE CONSERVATION AGREEMENTS; CAN10 DIDATE CONSERVATION AGREEMENTS WITH ASSUR11 ANCES.—Each Candidate Conservation Agreement and 

12 Candidate Conservation Agreement with Assurances in ef13 fect as of the date of enactment of this Act shall have 

14 the force and effect of law beginning on the date of enact15 ment of this Act until such time as the parties to the appli16 cable Candidate Conservation Agreement or Candidate 

17 Conservation Agreement with Assurances mutually agree 

18 not to renew the Candidate Conservation Agreement or 

19 Candidate Conservation Agreement with Assurances, as 

20 applicable. 

21 (b) PARTNERS FOR FISH AND WILDLIFE PRO22 GRAM.— 

23 (1) IN GENERAL.—Pursuant to the Partners 

24 for Fish and Wildlife Program of the Service author25 ized by section 4 of the Partners for Fish and WildVerDate Sep 11 2014 23:53 Sep 05, 2024 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S4985.IS S4985

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1 life Act (16 U.S.C. 3773) (referred to in this sub2 section as the ‘‘Program’’), the Secretary shall enter 

3 into voluntary and customized partnerships with pri4 vate landowners to improve conditions for wildlife. 

5 (2) DUTIES.—In carrying out the Program, the 

6 Secretary shall provide technical and financial assist7 ance to private landowners who enter into a partner8 ship with the Service under paragraph (1) to plan, 

9 design, supervise, and monitor customized habitat 

10 restoration projects. 

11 SEC. 6. CONSERVATION PARTNERSHIP OPTIONS. 

12 (a) IN GENERAL.—Notwithstanding any other provi13 sion of law, it shall be at the sole discretion of a non14 Federal property owner to determine which conservation 

15 agreement described in subsection (b) to enter into with 

16 the Service for the conservation of a species. 

17 (b) CONSERVATION AGREEMENTS DESCRIBED.—A 

18 conservation agreement referred to in subsection (a) is any 

19 of the following: 

20 (1) A Conservation Benefit Agreement. 

21 (2) A Candidate Conservation Agreement. 

22 (3) A Candidate Conservation Agreement with 

23 Assurances. 


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1 SEC. 7. ENSURING TRUE CRITICAL HABITAT. 

2 The final rule of the Service and the National Marine 

3 Fisheries Service entitled ‘‘Endangered and Threatened 

4 Wildlife and Plants; Regulations for Listing Species and 

5 Designating Critical Habitat’’ (84 Fed. Reg. 45020 (Au6 gust 27, 2019)) is enacted into law. 

Æ 


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