SEC. 2. REQUIREMENT TO PUBLISH ON THE INTERNET THE 
BASIS FOR LISTINGS. 
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) The Secretary shall make publicly available on 
the internet the best scientific and commercial data avail-
able that are the basis for each regulation, including each 
proposed regulation, promulgated under subsection (a)(1), 
except that— 
‘‘(A) at the request of a Governor, State agen-
cy, or legislature of a State, the Secretary shall not 
make information available under this paragraph if 
such State determines that public disclosure of such 
information is prohibited by a law or regulation of 
such State, including any law or regulation requiring 
the protection of personal information; and 
‘‘(B) within 30 days after the date of the enact-
ment of this paragraph, the Secretary shall execute 
an agreement with the Secretary of Defense that 
prevents the disclosure of classified information per-
taining to Department of Defense personnel, facili-
ties, lands, or waters.’’. 
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SEC. 3. DECISIONAL TRANSPARENCY AND USE OF STATE, 
TRIBAL, AND LOCAL INFORMATION. 
(a) REQUIRING DECISIONAL TRANSPARENCY WITH 
AFFECTED STATES.—Section 6(a) of the Endangered 
Species Act of 1973 (16 U.S.C. 1535(a)) is amended— 
(1) by inserting ‘‘(1)’’ before the first sentence; 
and 
(2) by striking ‘‘Such cooperation shall include’’ 
and inserting the following: 
‘‘(2) Such cooperation shall include— 
‘‘(A) before making a determination under 
section 4(a), providing to States affected by 
such determination all data that is the basis of 
the determination; and 
‘‘(B)’’. 
(b) ENSURING USE OF STATE, TRIBAL, AND LOCAL 
INFORMATION.—Section 3 of the Endangered Species Act 
of 1973 (16 U.S.C. 1532) is amended— 
(1) by redesignating paragraphs (2) through 
(10) as paragraphs (3) through (11), respectively; 
and 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) The term ‘best scientific and commercial data 
available’ includes all such data submitted by a State, 
Tribal, or county government.’’. 
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SEC. 4. DISCLOSURE OF EXPENDITURES UNDER ENDAN-
GERED SPECIES ACT OF 1973. 
(a) REQUIREMENT TO DISCLOSE.—Section 13 of the 
Endangered Species Act of 1973 (87 Stat. 902; relating 
to conforming amendments which have executed) is 
amended to read as follows: 
‘‘SEC. 13. DISCLOSURE OF EXPENDITURES. 
‘‘(a) REQUIREMENT.—The Secretary of the Interior, 
in consultation with the Secretary of Commerce, shall— 
‘‘(1) not later than 90 days after the end of 
each fiscal year, submit to the Committee on Nat-
ural Resources of the House of Representatives and 
the Committee on Energy and Natural Resources of 
the Senate an annual report detailing Federal Gov-
ernment expenditures for covered suits during the 
preceding fiscal year (including the information de-
scribed in subsection (b)); and 
‘‘(2) make publicly available through the inter-
net a searchable database, updated monthly, of the 
information described in subsection (b). 
‘‘(b) INCLUDED INFORMATION.—The report shall in-
clude— 
‘‘(1) the case name and number of each covered 
suit, and a hyperlink to the settlement decisions, 
final decision, consent decrees, stipulations of dis-
missal, releases, interim decisions, motions to dis-
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miss, partial motions for summary judgement, or re-
lated final documents; 
‘‘(2) a description of each claim or cause of ac-
tion in each covered suit; 
‘‘(3) the name of each covered agency whose ac-
tions give rise to any claim in a covered suit and 
each plaintiff in such suit; 
‘‘(4) funds expended by each covered agency 
(disaggregated by agency account) to receive and re-
spond to notices referred to in section 11(g)(2) or to 
prepare for litigation of, litigate, negotiate a settle-
ment agreement or consent decree in, or provide ma-
terial, technical, or other assistance in relation to, a 
covered suit; 
‘‘(5) the number of full-time equivalent employ-
ees that participated in the activities described in 
paragraph (4); 
‘‘(6) any information required to be published 
under section 1304 of title 31, United States Code, 
with respect to a covered suit; 
‘‘(7) 
attorneys 
fees 
and 
other 
expenses 
(disaggregated by agency account) awarded in cov-
ered suits, including any consent decrees or settle-
ment agreements (regardless of whether a decree or 
settlement agreement is sealed or otherwise subject 
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to nondisclosure provisions), including the bases for 
such awards; and 
‘‘(8) any Federal funding used by a person or 
a governmental or nongovernmental entity in bring-
ing a claim in a covered suit. 
‘‘(c) REQUIREMENT TO PROVIDE INFORMATION.— 
The head of each covered agency shall provide to the Sec-
retary in a timely manner all information requested by the 
Secretary to comply with the requirements of this section. 
‘‘(d) 
LIMITATION
ON
DISCLOSURE.—Notwith-
standing any other provision of this section, this section 
shall not affect any restriction in a consent decree or set-
tlement agreement on the disclosure of information that 
is not described in subsection (b). 
‘‘(e) DEFINITIONS.— 
‘‘(1) COVERED
AGENCY.—The term ‘covered 
agency’ means any agency of the Department of the 
Interior, the Forest Service, the Environmental Pro-
tection Agency, the National Marine Fisheries Serv-
ice, the Bonneville Power Administration, the West-
ern Area Power Administration, the Southwestern 
Power Administration, or the Southeastern Power 
Administration. 
‘‘(2) COVERED SUIT.—The term ‘covered suit’ 
means— 
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