Listing Reform Act

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. 1. Short title This Act may be cited as the Listing Reform Act 2. Consideration of economic cost in review of listing petitions under Endangered Species Act of 1973 (a) Consideration required Section 4(b)(3) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(b)(3) (1) in subparagraph (A)— (A) by striking To the maximum extent practicable, within 90 days after (i) After (B) by adding at the end the following: (ii) The Secretary may prioritize the consideration of petitions under this subparagraph other than in the order in which the petitions are received, except the Secretary may not give general priority to petitions to add species to such a list over petitions to remove a species from such a list. ; (2) in subparagraph (B)— (A) in the matter preceding clause (i), by striking Within 12 months As expeditiously as practicable (b) Consideration of significant, cumulative economic effects (1) In general Section 4(b)(3)(B) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(b)(3)(B) (iv) (I) In the case of a petition to add a species to a list of threatened species, the petitioned action may be warranted but is precluded due to the likelihood of significant, cumulative economic effects that would result from listing or, to the extent it can be determined, from the likely resulting designation of critical habitat of the species. (II) The Secretary may not reconsider such finding unless— (aa) the Secretary determines there is endangerment of extinction of the species; or (bb) the Secretary receives a new petition to add such species to such list that includes a written qualitative and quantitative analyses reexamining the incremental and significant, cumulative economic effects of likely actions to protect the petitioned species and its potential habitat upon each State and locality that is affected by the petitioned species listing and that, in the opinion of the Secretary, credibly concludes that alternative actions are possible other than those resulting in significant, cumulative economic effects. (III) In this clause the term significant, cumulative economic effects (aa) public land and, to the maximum extent practicable, private land and property values; (bb) the provision of water, power, or other public services; (cc) employment; and (dd) revenues available for State and local governments. . (2) Conforming amendment Section 4(b)(1) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(b)(1) (except as provided in clause (iv) of paragraph (3)(B)) solely February 15, 2018 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Summary: Listing Reform Act (Sec. 2) This bill amends the Endangered Species Act of 1973 to allow the Department of the Interior or the Department of Commerce, as appropriate, to prioritize the consideration of petitions to list a species as endangered or threatened other than in the order in which the petitions are received. The appropriate department may not give general priority to petitions to add species to the list of endangered or threatened species over petitions to remove a species from the list. The deadline for the appropriate department to decide on whether or not a petition to list or remove a species should be granted is changed from within 12 months to as expeditiously as possible. The appropriate department is given the authority to preclude the listing of a species as threatened due to the likelihood of significant, cumulative economic effects that would result from such listing or from the likely resulting designation of critical habitat of the species. Once a petition is precluded due to those economic effects, the appropriate department may not reconsider that finding unless the department: (1) determines there is endangerment of extinction of the species; or (2) receives a new petition to add the species to the list that includes an analyses concluding that alternative actions are possible other than those resulting in significant, cumulative economic effects.