IB 
Union Calendar No. 855 
115TH CONGRESS 
2D SESSION 
H. R. 6355 
[Report No. 115–1105] 
To amend the Endangered Species Act of 1973 to define petition backlogs 
and provide expedited means for discharging petitions during such a backlog. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 12, 2018 
Mr. WESTERMAN (for himself, Mr. BIGGS, Mr. BISHOP of Utah, Mr. CRAMER, 
Mr. DUNCAN of South Carolina, Mr. GOSAR, Mr. NORMAN, Mr. ABRA-
HAM, Mr. LUETKEMEYER, Mr. SMITH of Missouri, Mr. BANKS of Indi-
ana, Mrs. NOEM, Mr. STEWART, Mr. COLLINS of Georgia, Mr. MCCLIN-
TOCK, Mr. ESTES of Kansas, Mr. GOHMERT, and Mr. NEWHOUSE) intro-
duced the following bill; which was referred to the Committee on Natural 
Resources 
DECEMBER 21, 2018 
Additional sponsors: Mr. GUTHRIE, Mr. HUNTER, Mr. MARSHALL, Mr. 
LATTA, Mr. MOONEY of West Virginia, and Mr. ROKITA 
DECEMBER 21, 2018 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on July 12, 2018] 
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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 ‘‘Providing ESA Timing 
Improvements That Increase Opportunities for Nonlisting 
Act of 2018’’ or the ‘‘PETITION Act of 2018’’. 
SEC. 2. DEFINITIONS. 
Section 3 of the Endangered Species Act of 1973 (16 
U.S.C. 1532) is amended— 
(1) by moving the margins of paragraphs (1) 
through (21) 2 ems to the right; 
(2) by inserting before the text the following: ‘‘(a) 
IN GENERAL.—’’; and 
(3) by adding at the end the following: 
‘‘(b) DEFINITIONS RELATED TO PETITIONS.—In this 
Act: 
‘‘(1) 90-DAY PETITION BACKLOG.—The term ‘90- 
day petition backlog’ means such a backlog declared 
by the Secretary under section 4(b)(3)(E). 
‘‘(2) 12-MONTH PETITION BACKLOG.—The term 
‘12-month petition backlog’ means such a backlog de-
clared by the Secretary under section 4(b)(3)(E). 
‘‘(3) BACKLOG
SCHEDULE.—The term ‘backlog 
schedule’ means a comprehensive, regularly updated 
compendium of petitioned-for species that are the sub-
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ject of a 90-day petition backlog or a 12-month peti-
tion backlog— 
‘‘(A) that consists of— 
‘‘(i) a list of petitions to add a species 
to a list of species under section 4(c), in-
cluding petitions to move a species from the 
list of threatened species to the list of en-
dangered species; and 
‘‘(ii) a list of petitions to remove a spe-
cies from a list of species under section 4(c), 
including petitions to move a species from 
the list of endangered species to the list of 
threatened species; and 
‘‘(B) in which the petitions in each such list 
appear in the order in which the petitions were 
submitted to the Secretary. 
‘‘(4) BACKLOG PROCEDURES.—The term ‘backlog 
procedures’ means the actions taken by the Sec-
retary— 
‘‘(A) under section 4(b)(3)(G) following the 
declaration of a 90-day petition backlog; or 
‘‘(B) under section 4(b)(3)(H) following the 
declaration of a 12-month petition backlog. 
‘‘(5) PETITIONED-FOR SPECIES.—The term ‘peti-
tioned-for species’ means a species that has been iden-
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tified in a petition presented under subparagraph (A) 
or (B) of section 4(b)(3).’’. 
SEC. 3. BACKLOG DECLARATION AND PROCEDURES. 
(a) IN GENERAL.—Section 4(b)(3) of the Endangered 
Species Act of 1973 (16 U.S.C. 1533(b)(3)) is amended by 
adding at the end the following: 
‘‘(E)(i) The Secretary shall— 
‘‘(I) declare a 90-day petition backlog 
at any time the total number of species for 
which a petition is presented to the Sec-
retary under subparagraph (A) that has not 
been the subject of a finding by the Sec-
retary within the timeframe established 
under such subparagraph exceeds 5 percent 
of the number of species for which such peti-
tions have been presented during the pre-
ceding 15 years; 
‘‘(II) submit a backlog schedule for 
such backlog to— 
‘‘(aa) the President; 
‘‘(bb) the Chairman and ranking 
minority Member of the Committee on 
Environment and Public Works of the 
Senate; and 
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‘‘(cc) the Chairman and ranking 
minority Member of the Committee on 
Natural Resources of the House of Rep-
resentatives; and 
‘‘(III) comply with backlog procedures 
under subparagraph (G) during the period 
such backlog is in effect. 
‘‘(ii) The Secretary shall— 
‘‘(I) declare a 12-month petition back-
log at any time the total number of species 
for which a petition is being considered by 
the Secretary under subparagraph (B) that 
has not been the subject of a finding by the 
Secretary within the timeframe established 
under such subparagraph exceeds 5 percent 
of the number of species for which such peti-
tions have been presented during the pre-
ceding 15 years; 
‘‘(II) submit a backlog schedule for 
such backlog to— 
‘‘(aa) the President; 
‘‘(bb) the Chairman and ranking 
minority Member of the Committee on 
Environment and Public Works of the 
Senate; and 
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‘‘(cc) the Chairman and ranking 
minority Member of the Committee on 
Natural Resources of the House of Rep-
resentatives; and 
‘‘(III) comply with backlog procedures 
under subparagraph (H) during the period 
such declaration is in effect. 
‘‘(iii) Not later than 90 days after declaring 
a 90-day petition backlog or 12-month petition 
backlog, and every 90 days thereafter during the 
period such backlog is in effect, the Secretary 
shall submit to the recipients under clause 
(ii)(II) and (iii)(II), respectively, an updated 
backlog schedule that contains— 
‘‘(I) a list of petitioned-for species for 
which a finding had been made since the 
last submission of the backlog schedule 
under such clause; 
‘‘(II) the outcomes of findings for all 
petitioned-for species for which a finding 
has been made since the last submission of 
the backlog schedule under such clause; and 
‘‘(III) a summary of the bases of all 
findings for any petitioned-for species for 
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which a finding has been made since the 
preceding submission of the backlog. 
‘‘(F) The Secretary shall terminate a 90- 
day petition backlog or 12-month petition back-
log at such time as the requirements for declar-
ing such backlog under subparagraph (E)(i) or 
(E)(ii), respectively, are not fulfilled. 
‘‘(G) During the effective period of a 90-day 
petition backlog— 
‘‘(i) the requirement under subpara-
graph (A) to make a finding within 90 days 
shall not apply with respect to any species 
that is the subject of a petition included in 
the list under section 2(b)(3)(A)(i); 
‘‘(ii) except as provided in clause (iii), 
the Secretary shall not make any finding 
under subparagraph (A) with respect to any 
species included in the list under section 
2(b)(3)(A)(i) in the applicable backlog 
schedule, until the earlier of— 
‘‘(I) the date the Secretary termi-
nates the backlog under subparagraph 
(F); 
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‘‘(II) the date the applicable back-
log schedule consists of only the list 
under such section; or 
‘‘(III) the date the only peti-
tioned-for species in the backlog sched-
ule to which the Secretary has not de-
voted sufficient resources so as to issue 
such a finding within 90 days are 
those in the list under such section; 
and 
‘‘(iii) the Secretary is deemed to have 
made a finding under subparagraph (A) 
that each petition for a species included in 
the list under section 2(b)(3)(A)(i) in the 
applicable backlog schedule does not present 
substantial scientific or commercial infor-
mation indicating that the petitioned action 
may be warranted, effective upon the expi-
ration of the 180-day period beginning on 
the date the petition was submitted. 
‘‘(H) Except as provided in subparagraph 
(I)— 
‘‘(i) after declaring a 12-month peti-
tion backlog under subparagraph (E)(ii) 
and before taking any actions under clause 
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(ii) of this subparagraph, the Secretary 
shall assign each petition and petitioned-for 
species to be considered under such clause to 
one of the five priority bins referred to in 
the notice issued by the United States Fish 
and Wildlife Service entitled ‘Methodology 
for Prioritizing Status Reviews and Accom-
panying 12-month findings on Petitions for 
Listing Under the Endangered Species Act 
(81 Fed. Reg. 49248 (July 27, 2016))’; and 
‘‘(ii) during the effective period of such 
12-month petition backlog under subpara-
graph (E)(ii)— 
‘‘(I) the requirement under sub-
paragraph (B) to make a finding with-
in 12 months shall not apply with re-
spect to any species that is the subject 
of a petition included in the list under 
section 2(b)(3)(A)(i); 
‘‘(II) the Secretary shall consider 
under this paragraph only petitions 
for species included in the list under 
section 2(b)(3)(A)(ii) in the applicable 
backlog schedule, that were submitted 
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more than 12 months before the estab-
lishment of the backlog; 
‘‘(III) except as provided in sub-
clause (IV), the Secretary shall not 
make any finding under subparagraph 
(B) with respect to any species in-
cluded in the list under section 
2(b)(3)(A)(i) in the applicable backlog 
schedule, until the earlier of— 
‘‘(aa) the date the Secretary 
terminates the backlog under sub-
paragraph (F); 
‘‘(bb) the date the applicable 
backlog schedule consists of only 
the list under such section; or 
‘‘(cc) the date the only peti-
tioned-for species in the backlog 
schedule to which the Secretary 
has not devoted sufficient re-
sources so as to issue such a find-
ing within 12 months are those in 
the list under such section; and 
‘‘(IV) the Secretary is deemed to 
have made a finding under subpara-
graph (B)(i) for each species included 
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in the list under section 2(b)(3)(A)(i) 
that the petitioned action is not war-
ranted— 
‘‘(aa) effective upon the expi-
ration of the 18-month period be-
ginning on the date the petition 
was submitted, if the Secretary 
has not assigned the species to the 
‘Highest Priority—Critically Im-
periled’, ‘Strong Data Already 
Available on Status’ priority bin 
or ‘New Science Underway to In-
form Key Uncertainties’ priority 
bin referred to in the notice re-
ferred to in clause (i); or 
‘‘(bb) effective upon the expi-
ration of the 24-month period be-
ginning on the date the petition 
was submitted, if the Secretary 
has assigned the species to the 
‘Strong Data Already Available 
on Status’ priority bin or ‘New 
Science Underway to Inform Key 
Uncertainties’ priority bin re-
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ferred to in the notice referred to 
in clause (i). 
‘‘(I)(i) In the case of the first 12-month pe-
tition backlog under subparagraph (E)(ii)— 
‘‘(I) 
item 
(aa) 
of 
subparagraph 
(H)(ii)(IV) shall be applied by substituting 
‘30-month’ for ‘18-month’; and 
‘‘(II) 
item 
(bb) 
of 
subparagraph 
(H)(ii)(IV) shall be applied by substituting 
‘36-month’ for ‘24-month’. 
‘‘(ii) The Secretary may not under subpara-
graph (H)(i) change the assignment of a petition 
or petitioned-for species from one priority bin to 
another priority bin. 
‘‘(J) In the case of findings under subpara-
graph (G)(iii) and (H)(ii)(IV), the publication 
under subparagraph (A) or (B)(i), respectively, 
may consist solely of a notice of each finding. 
‘‘(K)(i) Except as otherwise provided in this 
Act, the Secretary shall regularly maintain on 
the internet site of the United States Fish and 
Wildlife Service a publically available database 
of petitions referred to in this paragraph and 
species otherwise evaluated under subsection (a). 
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‘‘(ii) The database shall contain informa-
tion about each petitioned-for species includ-
ing— 
‘‘(I) the date a petition for such species 
was submitted; 
‘‘(II) the person who submitted the pe-
tition; 
‘‘(III) the current status of the petition 
within the statutory and agency process, in-
cluding the most recent agency action taken; 
‘‘(IV) a web link to any documents re-
ceived under this paragraph that con-
stituted the petition for such species; 
‘‘(V) a web link to any materials the 
Secretary has received from State or local 
governments pertaining to petitions to list 
such species; 
‘‘(VI) the outcomes of all prior peti-
tioning or listing procedures for such spe-
cies; and 
‘‘(VII) the outcomes of all prior litiga-
tion against the Federal Government on the 
basis of a petition for or listing of such spe-
cies, including actions or agreements by the 
Federal Government to— 
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‘‘(aa) dispense monies to liti-
gating parties or counsel; 
‘‘(bb) promulgate rules as a direct 
or indirect result of litigation outcomes 
or agreements; 
‘‘(cc) resolve any matter related to 
the petition or a petitioned-for species 
by a certain date, or otherwise; 
‘‘(dd) conduct further research or 
analysis related to the petition or peti-
tioned-for species; or 
‘‘(ee) engage in any other activity 
as a result of the terms of litigation 
settlements or court orders related to 
such petitions or petitioned-for species. 
‘‘(L) Notwithstanding subparagraph 
(C)(ii), a finding by the Secretary under 
subparagraph (G)(iii), and any failure by 
the Secretary in the effective period of a 90- 
day petition backlog to make a finding 
under subparagraph (A) with respect to any 
species included in the list under section 
2(b)(3)(A)(i) in the applicable backlog 
schedule, is not subject to judicial review. 
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‘‘(M)(i) The Secretary shall enter into a 
contract with any person under which the person 
agrees to reimburse the Federal Government for 
all costs incurred for review of and decision 
upon any petition under this Act to add a spe-
cies to a list of species under section 4(c), includ-
ing petitions to move a species from the list of 
threatened species to the list of endangered spe-
cies. 
‘‘(ii) Such a contract— 
‘‘(I) shall require the person to reim-
burse such costs monthly during the period 
the petition is under review by the Sec-
retary; and 
‘‘(II) if payment of reimbursement is 
made in accordance with subclause (I) 
without lapse, shall require the Secretary, 
notwithstanding any other provision of this 
Act, to— 
‘‘(aa) issue a decision on the peti-
tion; and 
‘‘(bb) continuously study, review, 
or render such a decision during the 
period the contract is in effect.’’. 
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(b) CONFORMING AMENDMENT.—Section 4(b)(3)(C) of 
the Endangered Species Act of 1973 (16 U.S.C. 
1533(b)(3)(C)) is amended— 
(1) by striking clause (ii); and 
(2) by redesignating clause (iii) as clause (ii). 
(c) EFFECT
OF DISMISSAL
OF PETITION.—Section 
4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(b)(3)), as amended by subsection (a), is further 
amended by adding at the end the following: 
‘‘(N) Dismissal of a petition by backlog pro-
cedures shall not affect the review of any subse-
quent petition for any species’’. 
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Union Calendar No. 855 
115TH CONGRESS 
2D SESSION 
H. R. 6355 
[Report No. 115–1105] 
A BILL 
To amend the Endangered Species Act of 1973 to 
define petition backlogs and provide expedited 
means for discharging petitions during such a 
backlog. 
DECEMBER 21, 2018 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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