119-hr106

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 106 Introduced in House

    (IH) ]

<DOC>

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

_______________________________________________________________________

 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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