HR 3824 RFS 
SEC. 6. PETITIONS AND PROCEDURES FOR DETERMINA-
TIONS AND REVISIONS. 
(a) TREATMENT OF PETITIONS.—Section 4(b) (16 
U.S.C. 1533(b)) is amended in paragraph (2), as redesig-
nated by section 5(b)(2) of this Act, by adding at the end 
of subparagraph (A) the following: ‘‘The Secretary shall 
not make a finding that the petition presents substantial 
scientific or commercial information indicating that the 
petitioned action may be warranted unless the petitioner 
provides to the Secretary a copy of all information cited 
in the petition.’’. 
(b) IMPLEMENTING REGULATIONS.— 
(1) PROPOSED
REGULATIONS.—Section 4(b) 
(16 U.S.C. 1533(b)) is amended— 
(A) in paragraph (4)(A), as redesignated 
by section 5(b)(2) of this Act— 
(i) in clause (i) by striking ‘‘, and’’ 
and inserting a semicolon; 
(ii) in clause (ii) by striking ‘‘to the 
State agency in’’ and inserting ‘‘to the 
Governor of, and the State agency in,’’; 
(iii) in clause (ii) by striking ‘‘such 
agency’’ and inserting ‘‘such Governor or 
agency’’; 
(iv) in clause (ii) by inserting ‘‘and’’ 
after the semicolon at the end; and
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(v) by adding at the end the following: 
‘‘(iii) maintain, and shall make available, a 
complete record of all information concerning the de-
termination or revision in the possession of the Sec-
retary, on a publicly accessible website on the Inter-
net, including an index to such information.’’; and 
(B) by adding at the end the following: 
‘‘(8)(A) Information maintained and made 
available under paragraph (5)(A)(iii) shall include 
any status review, all information cited in such a 
status review, all information referred to in the pro-
posed regulation and the preamble to the proposed 
regulation, and all information submitted to the Sec-
retary by third parties. 
‘‘(B) The Secretary shall withhold from public 
review under paragraph (5)(A)(iii) any information 
that may be withheld under 552 of title 5, United 
States Code.’’. 
(2) FINAL
REGULATIONS.—Paragraph (5) of 
section 4(b) (16 U.S.C. 1533(b)), as amended by 
section 5(b)(2) of this Act, is further amended— 
(A) in subparagraph (A) by striking 
clauses (i) and (ii) and inserting the following:
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‘‘(i) a final regulation to implement such a de-
termination of whether a species is an endangered 
species or a threatened species; 
‘‘(ii) notice that such one-year period is being 
extended under subparagraph (B)(i); or 
‘‘(iii) notice that the proposed regulation is 
being withdrawn under subparagraph (B)(ii), to-
gether with the finding on which such withdrawal is 
based.’’; 
(B) in subparagraph (B)(i) by striking 
‘‘subparagraph (A)(i)’’ and inserting ‘‘subpara-
graph (A)’’; 
(C) in subparagraph (B)(ii) by striking 
‘‘subparagraph (A)(i)’’ and inserting ‘‘subpara-
graph (A)’’; and 
(D) by striking subparagraph (C). 
(3) 
EMERGENCY
DETERMINATIONS.—Para-
graph (6) of section 4(b) (16 U.S.C. 1533(b)), as re-
designated by section 5(b)(2) of this Act, is further 
amended— 
(A) in the matter preceding subparagraph 
(A), by inserting ‘‘with respect to a determina-
tion of a species to be an endangered species or 
a threatened species’’ after ‘‘any regulation’’; 
and
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(B) in subparagraph (B), by striking ‘‘the 
State agency in’’ and inserting ‘‘the Governor 
of, and State agency in,’’. 
SEC. 7. REVIEWS OF LISTINGS AND DETERMINATIONS. 
Section 4(c) (16 U.S.C. 1533(c)) is amended by in-
serting 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 in the recovery plan 
for the species required by section 5(c)(1)(A) or (B). 
‘‘(B) If the recovery plan is issued before the 
criteria required under section 5(c)(1)(A) and (B) 
are established or if no recovery plan exists for the 
species, the factors for 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 fundamental error in the de-
termination that the species is an endangered spe-
cies, 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 under sec-
tion 4(a)(1).’’.