Endangered Species Transparency and Reasonableness Act - (Sec. 2) Amends the Endangered Species Act of 1973 to require the Secretary of the Interior or the Secretary of Commerce, as appropriate, to make publicly available on the Internet the best scientific and commercial data available that are the basis for the determination of whether a species is an endangered species or a threatened species, including each proposed regulation for the listing of a species.
Prohibits the appropriate Secretary from making the information publicly available when: (1) the public disclosure of the information is prohibited by a state law requiring the protection of personal information, and (2) the state requests that the information be withheld.
Requires the appropriate Secretary to execute an agreement with the Department of Defense (DOD) that prevents the disclosure of classified information pertaining to DOD personnel, facilities, lands, or waters.
(Sec. 3) Requires the appropriate Secretary to: (1) provide to affected states all data that is used as the basis of a determination on whether a species is an endangered species or a threatened species before making a determination; and (2) use data submitted by a state, tribal, or county government in making such a determination.
(Sec. 4) Requires the Secretary of the Interior to submit an annual report detailing federal expenditures for civil actions brought under the ESA containing claims that are based on the actions of the Department of the Interior, the Forest Service, the National Marine Fisheries Service, the Bonneville Power Administration, the Western Area Power Administration, the Southwestern Power Administration, or the Southeastern Power Administration. Requires Interior to make the information available online in a searchable database.
Requires the report to include the total funds expended to respond to ESA lawsuits, the number of full-time federal employees dedicated to ESA lawsuits, attorneys' fees awarded in the course of ESA lawsuits and settlements, and any federal funding used in bringing a claim under the ESA.
(Sec. 5) Replaces the current standard for awarding court costs, including attorney's fees, in citizen suits with the federal judicial code standard for awarding costs to a prevailing party.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4315 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4315
To amend the Endangered Species Act of 1973 to require publication on
the Internet of the basis for determinations that species are
endangered species or threatened species, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 27, 2014
Mr. Hastings of Washington (for himself, Mrs. Lummis, Mr. Amodei, Mr.
Bishop of Utah, Mr. Collins of Georgia, Mr. Harris, Mr. Huizenga of
Michigan, Mr. Lankford, Mr. Luetkemeyer, Mr. Neugebauer, Mr.
Southerland, Mr. Thompson of Pennsylvania, and Mr. Valadao) 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 publication on
the Internet of the basis for determinations that species are
endangered species or threatened 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. SHORT TITLE.
This Act may be cited as the ``21st Century Endangered Species
Transparency Act''.
SEC. 2. REQUIREMENT TO PUBLISH ON THE INTERNET THE BASIS FOR LISTINGS.
Section 4(b) of the Endangered Species Act (16 U.S.C. 1533(b)) is
amended by adding at the end the following:
``(9) The Secretary shall make publicly available on the Internet
the best scientific and commercial data available that are the basis
for each regulation, including each proposed regulation, promulgated
under subsection (a)(1).''.
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Rule provides for consideration of H.R. 4315 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 693 and Rule XVIII.
The Speaker designated the Honorable Rodney Davis to act as Chairman of the Committee.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 4315.
DEBATE - Pursuant to the provisions of H. Res. 693, the Committee of the Whole proceeded with 10 minutes of debate on the Hastings (WA) amendment No. 1.
DEBATE - Pursuant to the provisions of H. Res. 693, the Committee of the Whole proceeded with 10 minutes of debate on the DeFazio amendment No. 2.
POSTPONED PROCEEDINGS - At the conclusion of debate on the DeFazio amendment No. 2, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. DeFazio demanded a recorded vote and the Chair postponed further proceedings on the amendment until later in the legislative day.
DEBATE - Pursuant to the provisions of H. Res. 693, the Committee of the Whole proceeded with 10 minutes of debate on the Holt amendment No. 3.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Holt amendment No. 3, the Chair put the question on adoption of the amendment and by voice vote, announced the noes had prevailed. Mr. Holt demanded a recorded vote and the Chair postponed further proceedings on the amendment until later in the legislative day.
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DEBATE - Pursuant to the provisions of H. Res. 693, the Committee of the Whole proceeded with 10 minutes of debate on the Duffy amendment No. 4.
UNFINISHED BUSINESS - The Chair announced that, pursuant to clause 6 of Rule XVIII, the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4315.
The previous question was ordered pursuant to the rule. (consideration: CR H7022)
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
Mrs. Kirkpatrick moved to recommit with instructions to the Committee on Natural Resources. (consideration: CR H7022-7023; text: CR H7022)
DEBATE - The House proceeded with 10 minutes of debate on the motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to require the Secretary of the Interior to consult with affected Indian tribes to ensure that the Federal trust responsibility with respect to Indian tribes is fulfilled when carrying out any provision of H.R. 4315.
On motion to recommit with instructions Failed by recorded vote: 197 - 225 (Roll no. 462).
Roll Call #462 (House)Passed/agreed to in House: On passage Passed by recorded vote: 233 - 190 (Roll no. 463).
Roll Call #463 (House)On passage Passed by recorded vote: 233 - 190 (Roll no. 463).
Roll Call #463 (House)Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.