[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4985 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4985

To reform the process for listing a species as threatened or endangered 
   under the Endangered Species Act of 1973, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2024

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

_______________________________________________________________________

                                 A BILL


 
To reform the process for listing a species as threatened or endangered 
   under the Endangered Species Act of 1973, 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 ``21st Century Wildlife Enhancement 
and Partnership Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Candidate conservation agreement.--The term ``Candidate 
        Conservation Agreement'' means a formal, voluntary agreement 
        between the Service and 1 or more parties to address the 
        conservation needs of--
                    (A) a candidate species; or
                    (B) a species that may become a candidate species 
                in the near future.
            (2) Candidate conservation agreement with assurances.--The 
        term ``Candidate Conservation Agreement with Assurances'' means 
        a Candidate Conservation Agreement that provides incentives for 
        persons that are parties to the Candidate Conservation 
        Agreement to engage in the voluntary conservation activities 
        described in the Candidate Conservation Agreement.
            (3) Candidate species.--The term ``candidate species'' 
        means a species that is under consideration for listing as 
        threatened or endangered under the Endangered Species Act of 
        1973 (16 U.S.C. 1531 et seq.).
            (4) Conservation benefit agreement.--The term 
        ``Conservation Benefit Agreement'' means a conservation benefit 
        agreement described in the final rule of the Service entitled 
        ``Endangered and Threatened Wildlife and Plants; Enhancement of 
        Survival and Incidental Take Permits'' (89 Fed. Reg. 26070 
        (April 12, 2024)).
            (5) Established consortium.--The term ``established 
        consortium'' means a State-based or multi-State-based group of 
        individuals or organizations that--
                    (A) is established as of the date of enactment of 
                this Act;
                    (B) operates under a functioning, as determined by 
                the individuals or organizations that are parties to 
                that consortium--
                            (i) conservation or recovery plan; or
                            (ii) conservation, recovery, or planning 
                        documents; and
                    (C) is an ongoing partnership organized principally 
                for the conservation of a species that is not listed, 
                or a species that is proposed to be listed, under the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Service.--The term ``Service'' means the United States 
        Fish and Wildlife Service.
            (8) Species.--The term ``species'' has the meaning given 
        the term in section 3 of the Endangered Species Act of 1973 (16 
        U.S.C. 1532).
            (9) Third-party evaluator team.--The term ``third-party 
        evaluator team'' means an independent entity empaneled under 
        section 3(a).

SEC. 3. INDEPENDENT REVIEW OF PROPOSED LISTINGS.

    (a) Third-Party Evaluator Teams.--
            (1) In general.--Not later than 90 days after the date on 
        which an established consortium requests that a third-party 
        evaluator team be empaneled under subsection (b)(1)(B), the 
        Secretary shall empanel a third-party evaluator team to review, 
        evaluate, and determine the sufficiency of a proposed listing 
        as threatened or endangered under the Endangered Species Act of 
        1973 (16 U.S.C. 1531 et seq.) by the Service of a species that 
        is managed by the established consortium that objects to that 
        proposed listing.
            (2) Membership; structure.--
                    (A) In general.--The structure and membership of a 
                third-party evaluator team shall be established by the 
                Secretary, in consultation with Congress, subject to 
                the condition that the Secretary shall have the final 
                determination on the structure, membership, and scope 
                of review of a third-party evaluator team.
                    (B) Guidelines and requirements for membership.--In 
                establishing the membership of a third-party evaluator 
                team under subparagraph (A), the Secretary shall adhere 
                to the following requirements:
                            (i) Not fewer than 5, but not greater than 
                        9, individuals selected to serve on the third-
                        party evaluator team shall have expertise in 
                        the following:
                                    (I) Science or academic background 
                                necessary to render an expert opinion 
                                on the scientific studies and related 
                                materials submitted for review under 
                                paragraphs (5) and (6)(C) of subsection 
                                (b).
                                    (II) Ability to provide economic 
                                analysis and economic impacts of a 
                                threatened or endangered species 
                                listing on local and regional 
                                economies, with a particular expertise 
                                on impacts on private landowners and 
                                small businesses.
                                    (III) Voluntary conservation 
                                partnerships.
                                    (IV) Natural resource-related 
                                industries, including oil and gas, 
                                mining, forestry, ranching, 
                                agriculture, and grazing.
                            (ii) No current or former employee of the 
                        Service shall be eligible to serve on the 
                        third-party evaluator team.
                    (C) Chair.--The Chair of a third-party evaluator 
                team shall be determined by the members of the third-
                party evaluator team.
                    (D) Publication.--Not later than 10 days before the 
                date on which a third-party evaluator team has its 
                first meeting, the Secretary shall publish, by 
                Secretarial Order in the Federal Register, the 
                structure, membership, and scope of review of the 
                third-party evaluator team.
            (3) Administration; voting.--
                    (A) In general.--A third-party evaluator team shall 
                determine the process for reviewing documents, 
                requesting information, drafting the final report under 
                subsection (b)(7), and other related actions.
                    (B) Voting.--
                            (i) In general.--Each member of a third-
                        party evaluator team shall have an equal vote.
                            (ii) Vote to proceed.--
                                    (I) In general.--A determination on 
                                proceeding by a third-party evaluator 
                                team shall be by majority vote.
                                    (II) Tie.--For purposes of 
                                preparing and submitting a final report 
                                and determination under subsection 
                                (b)(7), a vote of a third-party 
                                evaluator team that results in a tie 
                                shall result in the proposed listing 
                                that is the subject of that final 
                                report and determination to be 
                                terminated.
            (4) Compensation of members.--A member of a third-party 
        evaluator team who is not an officer or employee of the Federal 
        Government shall be compensated at a rate equal to the daily 
        equivalent of the annual rate of basic pay prescribed for level 
        IV of the Executive Schedule under section 5315 of title 5, 
        United States Code, for each day (including travel time) during 
        which the member is engaged in the performance of the duties of 
        the third-party evaluator team.
            (5) Travel expenses.--A member of a third-party evaluator 
        team shall be allowed travel expenses, including per diem in 
        lieu of subsistence, at rates authorized for employees of 
        agencies under subchapter I of chapter 57 of title 5, United 
        States Code, while away from their homes or regular places of 
        business in the performance of services for the third-party 
        evaluator team.
    (b) Process.--
            (1) In general.--Not later than 21 days after the date on 
        which the Secretary publishes a notice of a proposed listing of 
        a species as threatened or endangered under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.), an established 
        consortium may--
                    (A) submit to the Secretary a letter objecting to 
                the proposed listing; and
                    (B) request that a third-party evaluator team be 
                empaneled.
            (2) Cease of federal action.--On receipt of an objection 
        letter from an established consortium under paragraph (1)(A), 
        the Secretary shall cease all action with respect to the 
        proposed listing.
            (3) Response by secretary.--Not later than 45 days after 
        the date on which the Secretary receives an objection letter 
        from an established consortium under paragraph (1)(A), the 
        Secretary shall refer the matter to the third-party evaluator 
        team.
            (4) First meeting.--Not later than 14 days after the date 
        on which the Secretary refers an objection to the third-party 
        evaluator team under paragraph (3), the third-party evaluator 
        shall hold its first meeting.
            (5) Submission of information.--At such time and in such 
        manner as the third-party evaluator team determines 
        appropriate, the Service and the established consortium shall 
        submit to the third-party evaluator team the scientific data, 
        or any other material, that the Service and the established 
        consortium, respectively, believes supports its position in 
        opposition to, or support for, the proposed listing.
            (6) Review.--
                    (A) In general.--Not later than 90 days after the 
                date on which the third-party evaluator team receives 
                the information submitted under paragraph (5), the 
                third-party evaluator team--
                            (i) shall conduct an initial review of the 
                        assertions made by the Service and the 
                        established consortium; and
                            (ii) may, as applicable, request additional 
                        information from--
                                    (I) the Service or the established 
                                consortium; or
                                    (II) outside parties, including the 
                                public, experts, or any other party, as 
                                determined by the third-party evaluator 
                                team.
                    (B) Considerations.--In conducting an initial 
                review under subparagraph (A)(i), the third-party 
                evaluator team shall consider, in addition to the 
                information submitted under paragraph (5)--
                            (i) the current management plans in place 
                        for the applicable candidate species;
                            (ii) opportunities for achieving, or 
                        continuing, protection of the applicable 
                        species through the current, or enhanced, 
                        voluntary conservation actions;
                            (iii) the economic impacts of the proposed 
                        listing; and
                            (iv) such other factors, as determined by 
                        the third-party evaluator team.
                    (C) Response to request.--If the third-party 
                evaluator team requests additional information from the 
                Service, the established consortium, or an outside 
                party under subparagraph (A)(ii), the Service, 
                established consortium, or outside party, as 
                applicable, shall have 30 days to respond to that 
                request.
            (7) Final decision and report.--
                    (A) In general.--Not later than 180 days after the 
                later of the date on which the third-party evaluator 
                team conducts an initial review under subparagraph 
                (A)(i) of paragraph (6) and the date on which the 
                third-party evaluator team receives additional 
                information under subparagraph (C) of that paragraph, 
                the third-party evaluator team shall review the 
                additional information, if applicable, and provide to 
                the Secretary a final report that contains a binding 
                determination describing whether the proposed listing 
                shall--
                            (i) proceed;
                            (ii) be terminated; or
                            (iii) be remanded back to the Service for 
                        further action, in accordance with that 
                        determination.
                    (B) Requirement.--A final report submitted under 
                subparagraph (A) shall be made publicly available and 
                of sufficient length and detail to provide members of 
                the public with a clear and basic understanding of the 
                decision and why the decision was rendered.
                    (C) Dissents.--Any member of the third-party 
                evaluator team that disagrees with the final report 
                submitted under subparagraph (A) may submit, to the 
                Secretary in accordance with that subparagraph, a 
                dissent.
            (8) Final agency action.--A determination made by the 
        third-party evaluator team under paragraph (7)(A) shall 
        constitute a final agency action (as defined in section 551 of 
        title 5, United States Code).

SEC. 4. ENHANCING THE TRANSPARENCY OF THE LISTING PROCESS.

    (a) In General.--In accordance with subchapter II of chapter 5, and 
chapter 7, of title 5, United States Code (commonly known as the 
``Administrative Procedure Act''), each Species Status Assessment shall 
be subject to notice and comment.
    (b) Requirements.--Each Species Status Assessment shall include--
            (1) the names of all peer reviewers;
            (2) a biography of each peer reviewer;
            (3) the selection process for the members of the peer 
        review team;
            (4) a detailed description of all previous Species Status 
        Assessments that the peer review team has reviewed and the role 
        of each member of the peer review team in those reviews;
            (5) a list of published papers the peer reviewers have 
        produced, including the subject of the Species Status 
        Assessment and methodologies and expertise related to 
        information included the Species Status Assessment;
            (6) an annotated bibliography of all reports, academic 
        papers, and related material considered but excluded from the 
        final Species Status Assessment and an explanation of why that 
        information was excluded;
            (7) an annotated bibliography of all reports, academic 
        papers, and related material considered and included in the 
        final Species Status Assessment and an explanation of why that 
        information was included; and
            (8) an explanation of how the Service interpreted the 
        genetic data and information in the Species Status Assessment 
        and, to the extent the peer review team use data sets, the 
        given assumptions in the interpretation of those data sets.

SEC. 5. CODIFICATION OF PARTNERSHIPS.

    (a) Candidate Conservation Agreements; Candidate Conservation 
Agreements With Assurances.--Each Candidate Conservation Agreement and 
Candidate Conservation Agreement with Assurances in effect as of the 
date of enactment of this Act shall have the force and effect of law 
beginning on the date of enactment of this Act until such time as the 
parties to the applicable Candidate Conservation Agreement or Candidate 
Conservation Agreement with Assurances mutually agree not to renew the 
Candidate Conservation Agreement or Candidate Conservation Agreement 
with Assurances, as applicable.
    (b) Partners for Fish and Wildlife Program.--
            (1) In general.--Pursuant to the Partners for Fish and 
        Wildlife Program of the Service authorized by section 4 of the 
        Partners for Fish and Wildlife Act (16 U.S.C. 3773) (referred 
        to in this subsection as the ``Program''), the Secretary shall 
        enter into voluntary and customized partnerships with private 
        landowners to improve conditions for wildlife.
            (2) Duties.--In carrying out the Program, the Secretary 
        shall provide technical and financial assistance to private 
        landowners who enter into a partnership with the Service under 
        paragraph (1) to plan, design, supervise, and monitor 
        customized habitat restoration projects.

SEC. 6. CONSERVATION PARTNERSHIP OPTIONS.

    (a) In General.--Notwithstanding any other provision of law, it 
shall be at the sole discretion of a non-Federal property owner to 
determine which conservation agreement described in subsection (b) to 
enter into with the Service for the conservation of a species.
    (b) Conservation Agreements Described.--A conservation agreement 
referred to in subsection (a) is any of the following:
            (1) A Conservation Benefit Agreement.
            (2) A Candidate Conservation Agreement.
            (3) A Candidate Conservation Agreement with Assurances.

SEC. 7. ENSURING TRUE CRITICAL HABITAT.

    The final rule of the Service and the National Marine Fisheries 
Service entitled ``Endangered and Threatened Wildlife and Plants; 
Regulations for Listing Species and Designating Critical Habitat'' (84 
Fed. Reg. 45020 (August 27, 2019)) is enacted into law.
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