118th CONGRESS 1st Session |
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.
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
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—
(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.”.