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Union Calendar No. 421 

115TH CONGRESS 

2D SESSION H. R. 717 

[Report No. 115–560] 

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 27, 2017 

Mr. OLSON (for himself, Mr. BURGESS, Mr. GOHMERT, and Mr. BABIN) introduced the following bill; which was referred to the Committee on Natural 

Resources 

FEBRUARY 15, 2018 

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

FEBRUARY 15, 2018 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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•HR 717 RH

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. 


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3 

•HR 717 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 ‘‘Listing Reform Act’’. 

5 SEC. 2. CONSIDERATION OF ECONOMIC COST IN REVIEW 

6 OF LISTING PETITIONS UNDER ENDANGERED 

7 SPECIES ACT OF 1973. 

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

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

10 1533(b)(3)) is amended— 

11 (1) in subparagraph (A)— 

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

13 practicable, within 90 days after’’ and inserting 

14 ‘‘(i) After’’; and 

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

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

17 of petitions under this subparagraph other than in the 

18 order in which the petitions are received, except the Sec19 retary may not give general priority to petitions to add 

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

21 from such a list.’’; 

22 (2) in subparagraph (B)— 

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

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

25 expeditiously as practicable’’. 


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1 (b) CONSIDERATION OF SIGNIFICANT, CUMULATIVE

2 ECONOMIC EFFECTS.— 

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

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

5 1533(b)(3)(B)) is amended by adding at the end the 

6 following: 

7 ‘‘(iv)(I) In the case of a petition to add a spe8 cies to a list of threatened species, the petitioned ac9 tion may be warranted but is precluded due to the 

10 likelihood of significant, cumulative economic effects 

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

12 be determined, from the likely resulting designation 

13 of critical habitat of the species. 

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

15 finding unless— 

16 ‘‘(aa) the Secretary determines there is 

17 endangerment of extinction of the species; or 

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

19 to add such species to such list that includes a 

20 written qualitative and quantitative analyses re21 examining the incremental and significant, cu22 mulative economic effects of likely actions to 

23 protect the petitioned species and its potential 

24 habitat upon each State and locality that is af25 fected by the petitioned species listing and that, 


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1 in the opinion of the Secretary, credibly con2 cludes that alternative actions are possible 

3 other than those resulting in significant, cumu4 lative economic effects. 

5 ‘‘(III) In this clause the term ‘significant, cu6 mulative economic effects’ includes economic effects 

7 on— 

8 ‘‘(aa) public land and, to the maximum ex9 tent practicable, private land and property val10 ues; 

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

12 other public services; 

13 ‘‘(cc) employment; and 

14 ‘‘(dd) revenues available for State and 

15 local governments.’’. 

16 (2) CONFORMING AMENDMENT.—Section 

17 4(b)(1) of the Endangered Species Act of 1973 (16 

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

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

20 after ‘‘solely’’. 


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Union Calendar No. 421 

115TH CONGRESS 

2D SESSION H. R. 717 

[Report No. 115–560] 

A BILL 

To amend the Endangered Species Act of 1973 to 

threatened species, and for other purposes. species to the list of endangered species or require review of the economic cost of adding a 

FEBRUARY 15, 2018 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


SSpencer on DSKBBXCHB2PROD with BILLS