retary demonstrates that information sub-
mitted in support of such advice by the 
chief executive is incorrect and that the ac-
tion is warranted.’’. 
(b) REGULATIONS
TO
IMPLEMENT
DETERMINA-
TIONS.—Section 4(b)(5) of the Endangered Species Act 
of 1973 (16 U.S.C. 1533(b)(5)) is amended to read as 
follows: 
‘‘(5) NOTICE REQUIRED.—With respect to any 
regulation proposed by the Secretary to implement a 
determination referred to in subsection (a)(1), the 
Secretary shall— 
‘‘(A) not less than 90 days before the ef-
fective date of the regulation— 
‘‘(i) publish a general notice and the 
complete text of the proposed regulation in 
the Federal Register; 
‘‘(ii) provide notice of the proposed 
regulation (including the complete text of 
the regulation) to the chief executive of 
county and State in which the species is lo-
cated, and invite such chief executive to 
submit to the Secretary a determination as 
to whether the proposed regulation is war-
ranted; and 
VerDate Sep 11 2014 
23:36 Nov 27, 2018
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6345.RH
H6345
dlhill on DSK3GLQ082PROD with BILLS
‘‘(iii) if the chief executive notifies the 
Secretary that the proposed regulation is 
not warranted, provide to the chief execu-
tive a record of decision for such deter-
mination, 
including 
information 
made 
available to the Secretary that did not sup-
port the determination and in writing the 
reasons for the determination; 
‘‘(B) in cooperation with the Secretary of 
State, provide notice of the proposed regulation 
to each foreign nation in which the species is lo-
cated or whose citizens harvest the species on 
the high seas, and invite the comment of such 
nation thereon; 
‘‘(C) provide notice of the proposed regula-
tion to— 
‘‘(i) each person who requests such 
notice; 
‘‘(ii) each person who has submitted 
additional data on the proposed regulation; 
‘‘(iii) each county, State, and local 
government within the jurisdiction of 
which the species is located or that is likely 
to experience any effects of any measures 
to protect the species under this Act; and 
VerDate Sep 11 2014 
23:36 Nov 27, 2018
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6345.RH
H6345
dlhill on DSK3GLQ082PROD with BILLS
‘‘(iv) such professional scientific orga-
nizations as the Secretary considers appro-
priate; 
‘‘(D) publish a summary of the proposed 
regulation on the internet; and 
‘‘(E) promptly hold one public hearing on 
the proposed regulation if any person files a re-
quest for such a hearing within 45 days after 
the date of publication of general notice.’’. 
(c) CONSULTATION ON FINAL DETERMINATION.— 
Section 4(i) of the Endangered Species Act of 1973 (16 
U.S.C. 1533(i)) is amended to read as follows: 
‘‘(i) WRITTEN JUSTIFICATION.—If the Secretary 
adopts a final regulation in conflict with advise submitted 
by the chief executive of a county or State or fails to adopt 
a regulation pursuant to an action petitioned for by such 
a chief executive under subsection (b)(3), the Secretary 
shall submit to the chief executive— 
‘‘(1) a separate written justification explaining 
the failure of the Secretary to adopt regulations con-
sistent with the advise or petition of the chief execu-
tive; 
‘‘(2) any determination referred to in subsection 
(a)(1) relating to the regulation; and 
VerDate Sep 11 2014 
23:36 Nov 27, 2018
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6345.RH
H6345
dlhill on DSK3GLQ082PROD with BILLS
‘‘(3) all comments received by the Secretary 
that disagreed with all or part of the regulation.’’. 
(d) FACA.—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) FACA.—Consultation with counties and 
States regarding petitions and proposed regulations 
under this subsection shall not be subject to the 
Federal Advisory Committee Act (5 U.S.C. App.).’’. 
VerDate Sep 11 2014 
23:36 Nov 27, 2018
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6345.RH
H6345
dlhill on DSK3GLQ082PROD with BILLS
VerDate Sep 11 2014 
23:36 Nov 27, 2018
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6345.RH
H6345
dlhill on DSK3GLQ082PROD with BILLS
Union Calendar No. 818 
115TH CONGRESS 
2D SESSION 
H. R. 6345 
[Report No. 115–1051] 
A BILL 
To provide for greater county and State consulta-
tion with regard to petitions under the Endan-
gered Species Act of 1973, and for other pur-
poses. 
NOVEMBER 27, 2018 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
VerDate Sep 11 2014 
23:36 Nov 27, 2018
Jkt 089200
PO 00000
Frm 00010
Fmt 6651
Sfmt 6651
E:\BILLS\H6345.RH
H6345
dlhill on DSK3GLQ082PROD with BILLS