IB 

Union Calendar No. 422 

115TH CONGRESS 

2D SESSION H. R. 1274 

[Report No. 115–561] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 1, 2017 

Mr. NEWHOUSE (for himself, Mr. TIPTON, Mr. ABRAHAM, Mr. GOSAR, Mr. 

PEARCE, Mr. HARPER, Mr. YOHO, Mr. JONES, Mr. MARSHALL, and Mr. 

CRAMER) introduced the following bill; which was referred to the Committee on Natural Resources 

FEBRUARY 15, 2018 

Additional sponsors: Mr. GOODLATTE, Mr. GIANFORTE, Mr. SESSIONS, and 

Mr. STEWART

FEBRUARY 15, 2018 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 1, 2017] 


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•HR 1274 RH

A BILL 

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. 


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3 

•HR 1274 RH

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 ‘‘State, Tribal, and Local 

5 Species Transparency and Recovery Act’’. 

6 SEC. 2. DECISIONAL TRANSPARENCY AND USE OF STATE, 

7 TRIBAL, AND LOCAL INFORMATION. 

8 (a) REQUIRING DECISIONAL TRANSPARENCY WITH

9 AFFECTED STATES.—Section 6(a) of the Endangered Spe10 cies Act of 1973 (16 U.S.C. 1535(a)) is amended— 

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

12 and 

13 (2) by striking ‘‘Such cooperation shall include’’ 

14 and inserting the following: 

15 ‘‘(2) Such cooperation shall include— 

16 ‘‘(A) before making a determination under sec17 tion 4(a), providing to States affected by such deter18 mination all data that is the basis of the determina19 tion; and 

20 ‘‘(B)’’. 

21 (b) ENSURING USE OF STATE, TRIBAL, AND LOCAL IN22 FORMATION.—Section 3 of the Endangered Species Act of 

23 1973 (16 U.S.C. 1532) is amended— 

24 (1) by redesignating paragraphs (2) through (10) 

25 as paragraphs (3) through (11), respectively; and 


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•HR 1274 RH

1 (2) by inserting after paragraph (1) the fol2 lowing: 

3 ‘‘(2) The term ‘best scientific and commercial data 

4 available’ includes all such data submitted by a State, trib5 al, or county government.’’. 

6 (c) REQUIREMENT TO PUBLISH ON THE INTERNET

7 THE BASIS FOR LISTINGS.—Section 4(b) of the Endangered 

8 Species Act of 1973 (16 U.S.C. 1533(b)) is amended by add9 ing at the end the following: 

10 ‘‘(9) The Secretary shall make publicly available on 

11 the Internet the best scientific and commercial data avail12 able that are the basis for each regulation, including each 

13 proposed regulation, promulgated under subsection (a)(1), 

14 except that, at the request of a Governor or legislature of 

15 a State, the Secretary shall not make available under this 

16 paragraph information regarding which the State has de17 termined public disclosure is prohibited by a law of that 

18 State relating to the protection of personal information.’’. 


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Union Calendar No. 422 

115TH CONGRESS 

2D SESSION H. R. 1274 

[Report No. 115–561] 

A BILL 

To amend the Endangered Species Act of 1973 to 

such determinations, and for other purposes. or threatened species all data that is the basis of terminations that species are endangered species require making available to States affected by deFEBRUARY 15, 2018 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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