I 
118TH CONGRESS 
1ST SESSION H. R. 1142 
To amend the Endangered Species Act of 1973 to require consideration 
of economic impact in making a listing decision with respect to the 
list of threatened and endangered species, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 21, 2023 
Mr. PFLUGER (for himself, Mr. MCCLINTOCK, and Mr. STEUBE) introduced 
the following bill; which was referred to the Committee on Natural Resources 
A BILL 
To amend the Endangered Species Act of 1973 to require 
consideration of economic impact in making a listing 
decision with respect to the list of threatened and endan-
gered species, 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. ENDANGERED SPECIES REFORM. 
(a) CONSIDERATION OF ECONOMIC IMPACT.—Section 
4(a) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(a)) is amended— 
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(1) In paragraph (1), by striking ‘‘The Sec-
retary’’ and inserting ‘‘Except as provided in para-
graph (4), the Secretary’’; and 
(2) by adding at the end the following: 
‘‘(4) CONSIDERATION OF ECONOMIC IMPACT.— 
‘‘(A) IN
GENERAL.—The Secretary may 
not make a determination under paragraph (1) 
if such determination, or any action required as 
a result of such determination, would cause sig-
nificant economic harm to any State or locality. 
‘‘(B) SIGNIFICANT ECONOMIC HARM.—The 
term ‘significant economic harm’ means signifi-
cant economic harm determined by considering 
the cumulative economic effects on— 
‘‘(i) public land and, to the maximum 
extent practicable, private land and prop-
erty values; 
‘‘(ii) the provision of water, power, or 
other public services; 
‘‘(iii) employment; and 
‘‘(iv) revenues available for State and 
local governments.’’. 
(b) 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 con-
sideration of petitions under this subparagraph 
in such manner as the Secretary determines ap-
propriate, 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) by adding at the end the following: 
‘‘(E) The Secretary shall, not later than 
30 days after failing to meet the requirements 
of subparagraph (B) within 12 months with re-
spect to a petition to which such subparagraph 
applies, submit a report to Congress— 
‘‘(i) identifying the petition; and 
‘‘(ii) explaining why the Secretary did 
not meet the deadline described in sub-
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paragraph (B) with respect to such peti-
tion.’’. 
Æ 
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