[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1142 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 1142

To amend the Endangered Species Act of 1973 to require consideration of 
 economic impact in making a listing decision with respect to the list 
     of threatened and endangered species, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 21, 2023

 Mr. Pfluger (for himself, Mr. McClintock, and Mr. Steube) introduced 
  the following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Endangered Species Act of 1973 to require consideration of 
 economic impact in making a listing decision with respect to the list 
     of threatened and endangered species, 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. ENDANGERED SPECIES REFORM.

    (a) Consideration of Economic Impact.--Section 4(a) of the 
Endangered Species Act of 1973 (16 U.S.C. 1533(a)) is amended--
            (1) In paragraph (1), by striking ``The Secretary'' and 
        inserting ``Except as provided in paragraph (4), the 
        Secretary''; and
            (2) by adding at the end the following:
            ``(4) Consideration of economic impact.--
                    ``(A) In general.--The Secretary may not make a 
                determination under paragraph (1) if such 
                determination, or any action required as a result of 
                such determination, would cause significant economic 
                harm to any State or locality.
                    ``(B) Significant economic harm.--The term 
                `significant economic harm' means significant economic 
                harm determined by considering the cumulative economic 
                effects on--
                            ``(i) public land and, to the maximum 
                        extent practicable, private land and property 
                        values;
                            ``(ii) the provision of water, power, or 
                        other public services;
                            ``(iii) employment; and
                            ``(iv) revenues available for State and 
                        local governments.''.
    (b) Consideration of Significant, Cumulative Economic Effects 
Required.--Section 4(b)(3) of the Endangered Species Act of 1973 (16 
U.S.C. 1533(b)(3)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``To the maximum extent 
                practicable, within 90 days after'' and inserting ``(i) 
                After''; and
                    (B) by adding at the end the following:
                    ``(ii) The Secretary may prioritize the 
                consideration of petitions under this subparagraph in 
                such manner as the Secretary determines appropriate, 
                except the Secretary may not give general priority to 
                petitions to add species to such a list over petitions 
                to remove a species from such a list.''; and
            (2) by adding at the end the following:
                    ``(E) The Secretary shall, not later than 30 days 
                after failing to meet the requirements of subparagraph 
                (B) within 12 months with respect to a petition to 
                which such subparagraph applies, submit a report to 
                Congress--
                            ``(i) identifying the petition; and
                            ``(ii) explaining why the Secretary did not 
                        meet the deadline described in subparagraph (B) 
                        with respect to such petition.''.
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