No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4985 Introduced in Senate (IS)]
<DOC>
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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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