[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 369 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 369

 To amend the Endangered Species Act of 1973 to improve the processes 
 for listing, recovery planning, and delisting, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 12, 2003

  Mr. Thomas introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the Endangered Species Act of 1973 to improve the processes 
 for listing, recovery planning, and delisting, 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 ``Endangered Species Listing and 
Delisting Process Reform Act of 2003''.

SEC. 2. LISTING PROCESS REFORMS.

    (a) Best Scientific and Commercial Data Available.--
            (1) In general.--Section 3 of the Endangered Species Act of 
        1973 (16 U.S.C. 1532) is amended--
                    (A) by striking the section heading and inserting 
                the following:

                ``definitions and general provisions'';

                    (B) by striking ``For the purposes of this Act--'' 
                and inserting the following:
    ``(a) Definitions.--In this Act:''; and
                    (C) by adding at the end the following:
    ``(b) General Provisions.--In any case in which this Act requires 
the Secretary to use the best scientific and commercial data available, 
the Secretary shall obtain and use scientific or commercial data that 
are empirical or have been field-tested or peer-reviewed.''.
            (2) Conforming amendment.--The table of contents in the 
        first section of the Endangered Species Act of 1973 (16 U.S.C. 
        prec. 1531) is amended by striking the item relating to section 
        3 and inserting the following:

``Sec. 3. Definitions and general provisions.''.
    (b) Finding of Sufficient Biological Information To Support 
Recovery Planning.--Section 4(b) of the Endangered Species Act of 1973 
(16 U.S.C. 1533(b)) is amended--
            (1) in paragraph (1)(A)--
                    (A) by striking ``shall make'' and inserting the 
                following: ``shall--
            ``(i) make'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
            ``(ii) determine that a species is an endangered species or 
        a threatened species only if the Secretary finds that there is 
        sufficient biological information to support recovery planning 
        for the species under subsection (f).''; and
            (2) in the first sentence of paragraph (3)(A), by inserting 
        before the period at the end the following: ``and as to whether 
        the petition presents sufficient biological information to 
        support recovery planning for the species under subsection 
        (f)''.
    (c) Petition Process.--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) Listing petition information.--In the case of 
                a petition to add a species to a list published under 
                subsection (c), a finding that the petition presents 
                the information described in subparagraph (A) shall not 
                be made unless the petition provides--
                            ``(i) documentation from a published 
                        scientific source that the fish, wildlife, or 
                        plant that is the subject of the petition is a 
                        species;
                            ``(ii)(I) a description of the available 
                        data on the historical and current range and 
                        distribution of the species;
                            ``(II) an explanation of the methodology 
                        used to collect the data; and
                            ``(III) identification of the location 
                        where the data can be reviewed;
                            ``(iii) an appraisal of the available data 
                        on the status and trends of all extant 
                        populations of the species;
                            ``(iv) an appraisal of the available data 
                        on the threats to the species;
                            ``(v) an identification of the information 
                        contained or referred to in the petition that 
                        has been peer-reviewed or field-tested; and
                            ``(vi) a description of at least 1 study or 
                        credible expert opinion, from a person not 
                        affiliated with the petitioner, to support the 
                        action requested in the petition.
                    ``(F) Notification to states.--
                            ``(i) Petitioned actions.--If a petition is 
                        found to present information described in 
                        subparagraph (A), the Secretary shall--
                                    ``(I) notify and provide a copy of 
                                the petition to the State agency of 
                                each State in which the species is 
                                believed to occur; and
                                    ``(II) solicit the assessment of 
                                the agency as to whether the petitioned 
                                action is warranted, which assessment 
                                shall be submitted to the Secretary 
                                during a comment period ending 90 days 
                                after the date of the notification.
                            ``(ii) Other actions.--If the Secretary has 
                        not received a petition to add a species to a 
                        list published under subsection (c) and the 
                        Secretary is considering proposing to list the 
                        species as an endangered species or a 
                        threatened species under subsection (a), the 
                        Secretary shall--
                                    ``(I) notify the State agency of 
                                each State in which the species is 
                                believed to occur; and
                                    ``(II) solicit the assessment of 
                                the agency as to whether the listing 
                                would be in accordance with subsection 
                                (a), which assessment shall be 
submitted to the Secretary during a comment period ending 90 days after 
the date of the notification.
                            ``(iii) Consideration of state 
                        assessments.--Before publication of a finding 
                        described in subparagraph (A) that a petitioned 
                        action is warranted, the Secretary shall 
                        consider any assessments submitted with respect 
                        to the species within the comment period 
                        established under clause (i) or (ii).''.
    (d) Improvement of Public Hearings in the Listing Process.--
            (1) In general.--Section 4(b)(5) of the Endangered Species 
        Act of 1973 (16 U.S.C. 1533(b)(5)) is amended by striking 
        subparagraph (E) and inserting the following:
            ``(E) promptly hold at least 2 hearings in each State in 
        which the species proposed for determination as an endangered 
        species or a threatened species is located (including at least 
        1 hearing in an affected rural area if 1 or more rural areas 
        within the State are affected by the determination), except 
        that the Secretary may not be required to hold more than 10 
        hearings under this subparagraph with respect to the proposed 
        regulation.''.
            (2) Definition of rural area.--Section 3(a) of the 
        Endangered Species Act of 1973 (16 U.S.C. 1532(a)) (as amended 
        by subsection (a)(1)(B)) is amended--
                    (A) by redesignating paragraphs (12) through (14) 
                as paragraphs (11) through (13), respectively; and
                    (B) by inserting before paragraph (15) the 
                following:
            ``(14) Rural area.--The term `rural area' means a county or 
        unincorporated area that has no city or town with a population 
        of more than 10,000 individuals.''.
            (3) Conforming amendment.--Section 7(n) of the Endangered 
        Species Act of 1973 (16 U.S.C. 1536(n)) is amended in the first 
        sentence by striking ``, as defined by section 3(13) of this 
        Act,''.
    (e) Emergency Listing.--Section 4(b)(7) of the Endangered Species 
Act of 1973 (16 U.S.C. 1533(b)(7)) is amended in the first sentence by 
striking ``posing a significant risk to the well-being'' and inserting 
``that poses an imminent threat to the continued existence''.
    (f) Other Listing Reforms.--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) Availability of listing data.--
                    ``(A) In general.--Subject to subparagraph (B), 
                upon publication of a proposed regulation determining 
                that a species is an endangered species or a threatened 
                species, the Secretary shall make publicly available--
                            ``(i) all information on which the 
                        determination is based, including all 
                        scientific studies and data underlying the 
                        studies; and
                            ``(ii) all information relating to the 
                        species that the Secretary possesses and that 
                        does not support the determination.
                    ``(B) Limitation.--Subparagraph (A) does not 
                require disclosure of any information that--
                            ``(i) is not required to be made available 
                        under section 552 of title 5, United States 
                        Code (commonly known as the `Freedom of 
                        Information Act'); or
                            ``(ii) is prohibited from being disclosed 
                        under section 552a of title 5, United States 
                        Code (commonly known as the `Privacy Act').
            ``(10) Establishment of criteria for scientific studies to 
        support listing.--Not later than 1 year after the date of 
        enactment of this paragraph, the Secretary shall promulgate 
        regulations that establish criteria that must be met for 
        scientific and commercial data to be used as the basis of a 
        determination under this section that a species is an 
        endangered species or a threatened species.
            ``(11) Field data.--
                    ``(A) Requirement.--The Secretary may not determine 
                that a species is an endangered species or a threatened 
                species unless the determination is supported by data 
                obtained by observation of the species in the field.
                    ``(B) Data from landowners.--The Secretary shall--
                            ``(i) accept and acknowledge receipt of 
                        data regarding the status of a species that is 
                        collected by an owner of land through 
                        observation of the species on the land; and
                            ``(ii) include the data in the rulemaking 
                        record compiled for any determination that the 
                        species is an endangered species or a 
                        threatened species.''.

SEC. 3. DEADLINE FOR DEVELOPMENT OF RECOVERY PLANS.

    Section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(f)) is amended by adding at the end the following:
            ``(6) Deadline for development of recovery plans.--The 
        Secretary shall--
                    ``(A) begin developing a recovery plan required for 
                a species under paragraph (1) on the date of 
                promulgation of the proposed regulation to implement a 
                determination under subsection (a)(1) with respect to 
                the species; and
                    ``(B) issue a recovery plan in final form not later 
                than the date of promulgation of the final regulation 
                to implement the determination.''.

SEC. 4. DELISTING.

    Section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(f)) (as amended by section 3) is amended by adding at the end the 
following:
            ``(7) Effect of fulfillment of recovery plan criteria.--
                    ``(A) Change in status.--If the Secretary finds 
                that the criteria of a recovery plan have been met for 
                a change in status of the species covered by the 
                recovery plan from an endangered species to a 
                threatened species, or from a threatened species to an 
                endangered species, the Secretary shall promptly 
                publish in the Federal Register a notice of the change 
                in status of the species.
                    ``(B) Removal from listing.--If the Secretary finds 
                that the criteria of a recovery plan have been met for 
                the removal of the species covered by the recovery plan 
                from a list published under subsection (c), the 
                Secretary shall promptly publish in the Federal 
                Register a notice of an intent to remove the species 
                from the list.''.
                                 <all>