I 
117TH CONGRESS 
1ST SESSION H. R. 4370 
To require further consideration of economic cost in review of listing petitions 
under the Endangered Species Act of 1973, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 6, 2021 
Mr. PFLUGER (for himself, Mr. NEWHOUSE, Mr. BURGESS, Mr. ROUZER, Ms. 
HERRELL, Mr. MANN, and Ms. CHENEY) introduced the following bill; 
which was referred to the Committee on Natural Resources 
A BILL 
To require further consideration of economic cost in review 
of listing petitions under the Endangered Species Act 
of 1973, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Listing Reform Act’’. 
SEC. 2. CONSIDERATION OF ECONOMIC COST IN REVIEW 
OF LISTING PETITIONS UNDER THE ENDAN-
GERED SPECIES ACT OF 1973. 
(a) CONSIDERATION OF SIGNIFICANT, CUMULATIVE 
ECONOMIC EFFECTS REQUIRED.—Section 4(b)(3) of the 
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Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)) 
is amended— 
(1) in subparagraph (A)— 
(A) by striking ‘‘To the maximum extent 
practicable, within 90 days after’’ and inserting 
‘‘(i) After’’; and 
(B) by adding at the end the following: 
‘‘(ii) The Secretary may prioritize the consider-
ation 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.’’; and 
(2) in subparagraph (B)— 
(A) in the matter preceding clause (i), by 
striking ‘‘Within 12 months’’ and inserting ‘‘As 
expeditiously as practicable’’; and 
(B) by adding at the end the following: 
‘‘(iv)(I) In the case of a petition to add a 
species to a list of threatened species, the peti-
tioned action may be warranted but is pre-
cluded due to the likelihood of significant, cu-
mulative economic effects that would result 
from listing or, to the extent it can be deter-
mined, from the likely resulting designation of 
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critical habitat of the species. The Secretary 
may not reconsider such finding unless— 
‘‘(aa) the Secretary determines there 
is endangerment of extinction of the spe-
cies; or 
‘‘(bb) the Secretary receives a new pe-
tition to add such species to such list that 
includes a written qualitative and quan-
titative analyses reexamining the incre-
mental and significant, cumulative eco-
nomic 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. 
‘‘(II) In this clause the term ‘significant, 
cumulative economic effects’ includes economic 
effects on— 
‘‘(aa) public land and, to the max-
imum extent practicable, private land and 
property values; 
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‘‘(bb) the provision of water, power, or 
other public services; 
‘‘(cc) employment; and 
‘‘(dd) revenues available for State and 
local governments.’’. 
(b) CONFORMING AMENDMENT.—Section 4(b)(1) of 
the Endangered Species Act of 1973 (16 U.S.C. 
1533(b)(1)) is amended by inserting ‘‘(except as provided 
in clause (iv) of paragraph (3)(B))’’ after ‘‘solely’’. 
Æ 
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