LIST Act of 2023

Subjects: Environmental Protection, Administrative law and regulatory procedures, Administrative remedies, Department of the Interior, Endangered and threatened species, Government information and archives, Judicial review and appeals, Scientific communication

Summary:  <p><b>Less Imprecision in Species Treatment Act of 2023 or the LIST Act of 2023</b></p> <p>This bill revises the process for removing a species from the endangered or threatened species lists.</p> <p>A species must be removed from the endangered or threatened species lists if the Department of the&nbsp;Interior produces or receives substantial scientific or commercial information demonstrating that the species is recovered or that recovery goals set for the species have been met.</p> <p>The publication and notice of a proposed regulation to remove a species from the lists must consist solely of a notice of the removal.</p> <p>The bill establishes a process for removing species from the lists if they were erroneously or wrongfully listed. The bill prohibits a person from submitting a petition to list a species as a threatened or endangered species for 10 years if the person knowingly submitted a petition with information that was inaccurate beyond scientifically reasonable margins of error, fraudulent, or misrepresentative.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 99 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 H. R. 99

  To amend the Endangered Species Act of 1973 to provide for improved 
  precision in the listing, delisting, and downlisting of endangered 
              species and potentially endangered species.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2023

  Mr. Biggs introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To amend the Endangered Species Act of 1973 to provide for improved 
  precision in the listing, delisting, and downlisting of endangered 
              species and potentially endangered species.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Less Imprecision in Species 
Treatment Act of 2023'' or the ``LIST Act of 2023''.

SEC. 2. REQUIREMENT TO INITIATE DELISTING.

    (a) Requirement in Case of Recovery.--Section 4(b) of the 
Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding 
at the end the following:
            ``(9)(A) The Secretary shall initiate the procedures in 
        accordance with subsection (a)(1) to remove a species from a 
        list published under subsection (c) if--
                    ``(i) the goals of a recovery plan for the species 
                developed under subsection (f) have been met; or
                    ``(ii) the goals for recovery of the species have 
                not been developed under subsection (f), and the 
                Secretary determines that the species has recovered 
                sufficiently to no longer require the protection of the 
                Act.
            ``(B) Notwithstanding the requirement of subsection (c)(2) 
        that each determination under subparagraph (B) of that 
        subsection shall be made in accordance with the provisions of 
        subsections (a) and (b), the Secretary shall remove a species 
        from any list published under subsection (c) if the Department 
        of the Interior has produced or received substantial scientific 
        or commercial information demonstrating that the species is 
        recovered or that recovery goals set for the species under 
        subsection (f) have been met.
            ``(C) In the case of a species removed under subparagraph 
        (A) from a list published under subsection (c), the publication 
        and notice under subsection (b)(5) shall consist solely of a 
        notice of such removal.''.
    (b) Requirement in Case Erroneously or Wrongfully Listed.--Section 
4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)), as 
amended by subsection (a), is further amended by adding at the end the 
following:
                    ``(H)(i) Not later than 90 days after the date the 
                Department of the Interior receives or produces under 
                this subsection information described in clause (ii) 
                regarding a species included in a list under subsection 
                (c), the Secretary shall to the maximum extent 
                practicable find whether the inclusion of such species 
                in such list was less than likely to have occurred in 
                the absence of the scientific or commercial information 
                referred to in clause (ii).
                    ``(ii) Information referred to in clause (i) is any 
                information demonstrating that the listing was 
                determined on the basis of scientific or commercial 
                information available to, or received or produced by, 
                the Department under paragraphs (1) and (3) of 
                subsection (b) that at the time the scientific or 
                commercial information was available to or received or 
                produced by the Department it was--
                            ``(I) inaccurate beyond scientifically 
                        reasonable margins of error;
                            ``(II) fraudulent; or
                            ``(III) misrepresentative.
                    ``(iii) Notwithstanding the requirement under 
                subsection (c)(2)(B) that each determination under 
                subparagraph (B) shall be made in accordance with the 
                provisions of subsections (a) and (b), the Secretary 
                shall--
                            ``(I) remove from any list published under 
                        subsection (c) any species for which a positive 
                        finding is made under clause (i); and
                            ``(II) promptly publish in the Federal 
                        Register notice of such finding that includes 
                        such information as was received or produced by 
                        the Department under such clause.
                    ``(iv) Any positive finding by the Secretary under 
                clause (i) shall not be subject to judicial review.
                    ``(v) Any negative finding by the Secretary under 
                clause (i) shall be subject to judicial review.
                    ``(vi) In the case of a species removed under 
                clause (iii) from a list, the publication and notice 
                under subsection (b)(5) shall consist solely of a 
                notice of such removal.
                    ``(vii) If the Secretary finds that a person 
                submitted a petition that is the subject of a positive 
                finding under clause (i) knowing that it contained 
                scientific or commercial information described in 
                clause (ii), then during the 10-year period beginning 
                on the date of the finding under this clause the person 
                shall not be considered an interested person for 
                purposes of subparagraph (A) with respect to any 
                petition submitted by the person after the date the 
                person submitted such scientific or commercial 
                information.''.

SEC. 3. EXPANDED CONSIDERATION DURING FIVE-YEAR REVIEW.

    Section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(c)) is amended by adding at the end the following:
            ``(3) Each determination under paragraph (2)(B) shall 
        consider one of the following:
                    ``(A) Except as provided in subparagraph (B) of 
                this paragraph, the criteria required under subsection 
                (f)(1)(B) in the recovery plan for the species.
                    ``(B) If the objective, measurable criteria under 
                subsection (f)(1)(B)(ii) are not established, the 
                factors for the determination that a species is an 
                endangered species or a threatened species set forth in 
                subsections (a)(1) and (b)(1).
                    ``(C) A finding of error in the determination that 
                the species is an endangered species, a threatened 
                species, or extinct.
                    ``(D) A determination that the species is no longer 
                an endangered species or threatened species or in 
                danger of extinction, based on an analysis of the 
                factors that are the basis for listing in subsections 
                (a)(1) and (b)(1).''.
                                 &lt;all&gt;
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