[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 106 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 106
To amend the Endangered Species Act of 1973 to provide for improved
precision in the listing, delisting, and downlisting of endangered
species and potentially endangered species.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2025
Mr. Biggs of Arizona introduced the following bill; which was referred
to the Committee on Natural Resources
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A BILL
To amend the Endangered Species Act of 1973 to provide for improved
precision in the listing, delisting, and downlisting of endangered
species and potentially endangered species.
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 ``Less Imprecision in Species
Treatment Act of 2025'' or the ``LIST Act of 2025''.
SEC. 2. REQUIREMENT TO INITIATE DELISTING.
(a) Requirement in Case of Recovery.--Section 4(b) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding
at the end the following:
``(9)(A) The Secretary shall initiate the procedures in accordance
with subsection (a)(1) to remove a species from a list published under
subsection (c) if--
``(i) the goals of a recovery plan for the species
developed under subsection (f) have been met; or
``(ii) the goals for recovery of the species have not been
developed under subsection (f), and the Secretary determines
that the species has recovered sufficiently to no longer
require the protection of the Act.
``(B) Notwithstanding the requirement of subsection (c)(2) that
each determination under subparagraph (B) of that subsection shall be
made in accordance with the provisions of subsections (a) and (b), the
Secretary shall remove a species from any list published under
subsection (c) if the Department of the Interior has produced or
received substantial scientific or commercial information demonstrating
that the species is recovered or that recovery goals set for the
species under subsection (f) have been met.
``(C) In the case of a species removed under subparagraph (A) from
a list published under subsection (c), the publication and notice under
subsection (b)(5) shall consist solely of a notice of such removal.''.
(b) Requirement in Case Erroneously or Wrongfully Listed.--Section
4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)), as
amended by subsection (a), is further amended by adding at the end the
following:
``(E)(i) Not later than 90 days after the date the Department of
the Interior receives or produces under this subsection information
described in clause (ii) regarding a species included in a list under
subsection (c), the Secretary shall to the maximum extent practicable
find whether the inclusion of such species in such list was less than
likely to have occurred in the absence of the scientific or commercial
information referred to in clause (ii).
``(ii) Information referred to in clause (i) is any information
demonstrating that the listing was determined on the basis of
scientific or commercial information available to, or received or
produced by, the Department under paragraphs (1) and (3) of subsection
(b) that at the time the scientific or commercial information was
available to or received or produced by the Department it was--
``(I) inaccurate beyond scientifically reasonable margins
of error;
``(II) fraudulent; or
``(III) misrepresentative.
``(iii) Notwithstanding the requirement under subsection (c)(2)(B)
that each determination under subparagraph (B) shall be made in
accordance with the provisions of subsections (a) and (b), the
Secretary shall--
``(I) remove from any list published under subsection (c)
any species for which a positive finding is made under clause
(i); and
``(II) promptly publish in the Federal Register notice of
such finding that includes such information as was received or
produced by the Department under such clause.
``(iv) Any positive finding by the Secretary under clause (i) shall
not be subject to judicial review.
``(v) Any negative finding by the Secretary under clause (i) shall
be subject to judicial review.
``(vi) In the case of a species removed under clause (iii) from a
list, the publication and notice under subsection (b)(5) shall consist
solely of a notice of such removal.
``(vii) If the Secretary finds that a person submitted a petition
that is the subject of a positive finding under clause (i) knowing that
it contained scientific or commercial information described in clause
(ii), then during the 10-year period beginning on the date of the
finding under this clause the person shall not be considered an
interested person for purposes of subparagraph (A) with respect to any
petition submitted by the person after the date the person submitted
such scientific or commercial information.''.
SEC. 3. EXPANDED CONSIDERATION DURING 5-YEAR REVIEW.
Section 4(c) of the Endangered Species Act of 1973 (16 U.S.C.
1533(c)) is amended by adding at the end the following:
``(3) Each determination under paragraph (2)(B) shall consider one
of the following:
``(A) Except as provided in subparagraph (B) of this
paragraph, the criteria required under subsection (f)(1)(B) in
the recovery plan for the species.
``(B) If the objective, measurable criteria under
subsection (f)(1)(B)(ii) are not established, the factors for
the determination that a species is an endangered species or a
threatened species set forth in subsections (a)(1) and (b)(1).
``(C) A finding of error in the determination that the
species is an endangered species, a threatened species, or
extinct.
``(D) A determination that the species is no longer an
endangered species or threatened species or in danger of
extinction, based on an analysis of the factors that are the
basis for listing in subsections (a)(1) and (b)(1).''.
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