117 S3315 IS: State, Tribal, and Local Species Transparency and Recovery Act U.S. Senate 2021-12-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 3315IN THE SENATE OF THE UNITED STATESDecember 6, 2021Ms. 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 WorksA BILLTo 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.

1.

Short title

This Act may be cited as the State, Tribal, and Local Species Transparency and Recovery Act.

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).

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,.