Listing Reform Act
Bill: H.R.4370 | Sponsor: Rep. Pfluger, August (R-TX)
Policy area: Environmental Protection

Summary:
Listing Reform Act
This bill modifies requirements concerning the review of petitions to add a species to the list of endangered or threatened species or to remove a species from the list.
Specifically, the bill allows the Department of the Interior and the Department of Commerce to prioritize the consideration of petitions to list a species as endangered or threatened other than in the order in which the petitions are received. The appropriate department may not give general priority to petitions to add species to the list of endangered or threatened species over petitions to remove a species from the list.
The deadline for the appropriate department to decide on whether or not a petition to list or remove a species should be granted is changed from within 12 months to as expeditiously as possible.
The appropriate department is given the authority to preclude the listing of a species as threatened due to the likelihood of significant, cumulative economic effects that would result from such listing or from the likely resulting designation of critical habitat of the species. Once a petition is precluded due to those economic effects, the appropriate department may not reconsider that finding unless the department (1) determines there is endangerment of extinction of the species; or (2) receives a new petition to add the species to the list that includes an analyses concluding that alternative actions are possible other than those resulting in significant, cumulative economic effects.

To require further consideration of economic cost in review of listing 
   petitions under the Endangered Species Act of 1973, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Listing Reform Act''.

SEC. 2. CONSIDERATION OF ECONOMIC COST IN REVIEW OF LISTING PETITIONS 
              UNDER THE ENDANGERED SPECIES ACT OF 1973.

    (a) Consideration Of Significant, Cumulative Economic Effects 
Required.--Section 4(b)(3) of the 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 consideration of 
        petitions under this subparagraph other than in the order in 
        which the petitions are received, 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) in subparagraph (B)--
                    (A) in the matter preceding clause (i), by striking 
                ``Within 12 months'' and inserting ``As expeditiously 
                as practicable''; and
                    (B) by adding at the end the following:
                    ``(iv)(I) In the case of a petition to add a 
                species to a list of threatened species, the petitioned 
                action may be warranted but is precluded due to the 
                likelihood of significant, cumulative economic effects 
                that would result from listing or, to the extent it can 
                be determined, from the likely resulting designation of 
                critical habitat of the species. The Secretary may not 
                reconsider such finding unless--
                            ``(aa) the Secretary determines there is 
                        endangerment of extinction of the species; or
                            ``(bb) the Secretary receives a new 
                        petition to add such species to such list that 
                        includes a written qualitative and quantitative 
                        analyses reexamining the incremental and 
                        significant, cumulative economic effects of 
                        likely actions to protect the petitioned 
                        species and its potential habitat upon each 
                        State and locality that is affected by the 
                        petitioned species listing and that, in the 
                        opinion of the Secretary, credibly concludes 
                        that alternative actions are possible other 
                        than those resulting in significant, cumulative 
                        economic effects.
                    ``(II) In this clause the term `significant, 
                cumulative economic effects' includes economic effects 
                on--
                            ``(aa) public land and, to the maximum 
                        extent practicable, private land and property 
                        values;
                            ``(bb) the provision of water, power, or 
                        other public services;
                            ``(cc) employment; and
                            ``(dd) revenues available for State and 
                        local governments.''.
    (b) Conforming Amendment.--Section 4(b)(1) of the Endangered 
Species Act of 1973 (16 U.S.C. 1533(b)(1)) is amended by inserting 
``(except as provided in clause (iv) of paragraph (3)(B))'' after 
``solely''.
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