[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3920 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 3920

   To amend the Endangered Species Act of 1973 to establish special 
requirements for determining whether the black-tailed prairie dog is an 
               endangered species or threatened species.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 7, 2002

  Mr. Thune introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
   To amend the Endangered Species Act of 1973 to establish special 
requirements for determining whether the black-tailed prairie dog is an 
               endangered species or threatened species.

    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 ``Rancher Preservation Act''.

SEC. 2. SPECIAL REQUIREMENTS REGARDING BLACK-TAILED PRAIRIE DOG.

    (a) In General.--Section 13 of the Endangered Species Act of 1973 
is amended to read as follows:

       ``special requirements regarding black-tailed prairie dog

    ``Sec. 13. (a) Use of Best Scientific and Commercial Data 
Available.--In any case in which the Secretary is required by this Act 
to use the best scientific and commercial data available with respect 
to determining whether the black-tailed prairie dog (Cynomys 
ludovicianus) is an endangered species or a threatened species, the 
Secretary--
            ``(1) in evaluating comparable data, shall give greater 
        weight to scientific or commercial data that are empirical or 
        have been field-tested or peer-reviewed; and
            ``(2) shall include, in data used with respect to that 
        species, data regarding population numbers of the species.
    ``(b) Field Data.--
            ``(1) Requirement.--The Secretary may not determine under 
        section 4 that the black-tailed prairie dog (Cynomys 
        ludovicianus) is an endangered species or a threatened species 
        unless the determination is supported by data obtained by 
        observation of the species in the field.
            ``(2) Data from landowners.--The Secretary shall--
                    ``(A) accept and acknowledge receipt of data 
                regarding the status of that species that is collected 
                by an owner of land through observation of the species 
                on the land; and
                    ``(B) include the data in the rulemaking record 
                compiled for any determination that the species is an 
                endangered species or a threatened species.
    ``(c) Independent Scientific Review Requirements.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Action.--The term `action' means--
                            ``(i) the determination that the black-
                        tailed prairie dog (Cynomys ludovicianus) is an 
                        endangered species or a threatened species 
                        under section 4(a); and
                            ``(ii) the determination under section 4(a) 
                        that the black-tailed prairie dog should be 
                        removed from any list published under section 
                        4(c)(1).
                    ``(B) Qualified individual.--The term `qualified 
                individual' means an individual with expertise in the 
                biological sciences--
                            ``(i) who through publication of peer-
                        reviewed scientific literature or other means, 
                        has demonstrated scientific expertise on the 
                        black-tailed prairie dog or a similar species 
                        or other scientific expertise relevant to the 
                        decision of the Secretary under section 4(a) or 
                        (f);
                            ``(ii) who does not have, or represent any 
                        person with, a conflict of interest with 
                        respect to the determination that is the 
                        subject of the review;
                            ``(iii) who is not a participant in any 
                        petition or proposed or final determination 
                        before the Secretary; and
                            ``(iv) who has no direct financial 
                        interest, and is not employed by any person 
                        with a direct financial interest, in opposing 
                        the action under consideration.
            ``(2) List of independent scientific reviewers.--The 
        Secretary shall solicit recommendations from the National 
        Academy of Sciences and develop and maintain a list of 
        qualified reviewers to participate in independent scientific 
        review of actions.
            ``(3) Appointment of independent scientific reviewers.--(A) 
        Before any action shall become final, the Secretary shall 
        appoint randomly, from among the list prepared in accordance 
        with this section, 3 qualified individuals who shall review and 
        report to the Secretary on the scientific information and 
        analyses on which the proposed action is based.
            ``(B) The selection and activities of the reviewers 
        selected pursuant to this section shall not be subject to the 
        Federal Advisory Committee Act (5 U.S.C. App.).
            ``(C) Reviewers shall be compensated for conducting the 
        independent review.
            ``(4) Opinion of peer reviewers.--Independent reviewers 
        shall provide the Secretary, within 3 months, their opinion 
        regarding all relevant scientific information and assumptions 
        relating to the taxonomy, population models, and supportive 
        biological and ecological information for the black-tailed 
        prairie dog.
            ``(5) Final determination.--If the referees have made a 
        recommendation on a proposed action, the Secretary shall 
        evaluate and consider the information that results from the 
        independent scientific review and include in the final 
        determination--
                    ``(A) a summary of the results of the independent 
                scientific review; and
                    ``(B) in a case in which the recommendation of a 
                majority of the referees who conducted the independent 
                scientific review is not followed, an explanation as to 
                why the recommendation was not followed.
            ``(6) Public notice.--The report of the peer reviewers 
        shall be included in the official record of the proposed action 
        and shall be available for public review prior to the close of 
        the comment period on the proposed action.''.
    (b) Conforming Amendment.--The table of sections in the first 
section of such Act is amended by striking the item relating to section 
13 and inserting the following:

``Sec. 13. Special requirements regarding black-tailed prairie dog.''.
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