[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 735 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 735

 To amend the Endangered Species Act of 1973 to require disclosure to 
States of the basis of determinations under such Act, to ensure use of 
   information provided by State, tribal, and county governments in 
         decisionmaking under such Act, and for other purposes.


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                   IN THE SENATE OF THE UNITED STATES

                             March 27, 2017

   Mr. Enzi (for himself, Mr. Barrasso, Mr. Heller, and Mr. Roberts) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

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                                 A BILL


 
 To amend the Endangered Species Act of 1973 to require disclosure to 
States of the basis of determinations under such Act, to ensure use of 
   information provided by State, tribal, and county governments in 
         decisionmaking under such Act, 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 ``State, Tribal, and Local Species 
Transparency and Recovery Act''.

SEC. 2. 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)''.

SEC. 3. ENSURING USE OF STATE, TRIBAL, AND LOCAL INFORMATION.

    (a) In General.--Section 3 of the Endangered Species Act of 1973 
(16 U.S.C. 1532) is amended--
            (1) by redesignating paragraphs (2) through (21) as 
        paragraphs (3) through (22), respectively; and
            (2) by inserting after paragraph (1) the following:
    ``(2) The term `best scientific and commercial data available' 
includes all such data submitted by a State, tribal, or county 
government.''.
    (b) Conforming Amendment.--Section 7(n) of such Act (16 U.S.C. 
1536(n)) is amended by striking ``section 3(13)'' and inserting 
``section 3(14)''.
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