[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3315 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 3315

 To amend the Endangered Species Act of 1973 to require disclosure to 
States of the basis of determinations under that Act, to ensure use of 
    information provided by State, Tribal, and local governments in 
        decision making under that Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 6, 2021

   Ms. Lummis (for herself, Mr. Barrasso, Mr. Crapo, and Mr. Risch) 
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 require disclosure to 
States of the basis of determinations under that Act, to ensure use of 
    information provided by State, Tribal, and local governments in 
        decision making under that 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) in the first sentence, by striking ``In carrying out'' 
        and inserting the following:
            ``(1) In carrying out''; and
            (2) in paragraph (1) (as so designated), in the second 
        sentence, by striking ``Such cooperation shall include'' and 
        inserting the following:
    ``(2) Cooperation under paragraph (1) shall include--
            ``(A) before making a determination under section 4(a), 
        providing to States affected by that 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 of the best available scientific and commercial data 
submitted by a State, Tribal, or local government.''.
    (b) 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,''.
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