Title: Listing Reform Act
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.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5585 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 5585

 To amend the Endangered Species Act of 1973 to require review of the 
economic cost of adding a species to the list of endangered species or 
              threatened species, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 13, 2020

 Mr. Olson (for himself, Mr. Gosar, Mr. Weber of Texas, Mr. Newhouse, 
  Mr. Babin, Mr. Biggs, Mr. Gianforte, Mr. Crawford, and Ms. Cheney) 
 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 review of the 
economic cost of adding a species to the list of endangered species or 
              threatened species, 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 ENDANGERED SPECIES ACT OF 1973.

    (a) Consideration 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.'';
            (2) in subparagraph (B)--
                    (A) in the matter preceding clause (i), by striking 
                ``Within 12 months'' and inserting ``As expeditiously 
                as practicable''.
    (b) Consideration of Significant, Cumulative Economic Effects.--
            (1) In general.--Section 4(b)(3)(B) of the Endangered 
        Species Act of 1973 (16 U.S.C. 1533(b)(3)(B)) is amended 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.
            ``(II) 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.
            ``(III) 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.''.
            (2) 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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