#aacth ,,congress #b;d ,session ,h4 ,r4 #dcae ,,an ,,act ,to amend the ,endangered ,species ,act of #aigc to require publication on the ,internet of the basis for determinations that species are endangered species or threatened species1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,endangered ,species ,transparency and ,reasonableness ,act4 #b4 ,requirement to publish on the ,internet the basis for listings ,section #d7;b7 of the ,endangered ,species ,act 7#af ,u4,s4,c4 #aecc7;b77 is amended by adding at the end the following3 7#i7 ,the ,secretary shall make publicly available on the ,internet the best scientific and commercial data available that are the basis for each regulation1 including each proposed regulation1 promulgated under subsection 7a77#a71 except that1 at the request of a ,governor1 ,state agency1 or legislature of a ,state1 the ,secretary shall not make available under this paragraph information regarding which the ,state has determined public disclosure is prohibited by a law or regulation of that ,state1 including any law or regulation requiring the protection of personal information2 and except that within #cj days after the date of the enactment of this paragraph1 the ,secretary shall execute an agreement with the ,secretary of ,defense that prevents the disclosure of classified information pertaining to ,department of ,defense personnel1 facilities1 lands1 or waters4 4 #c4 ,decisional transparency and use of ,state1 tribal1 and local information 7a7 ,requiring decisional transparency with affected ,states ,section #f7;a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aece7;a77 is amended-- 7#a7 by inserting 7#a7 before the first sentence2 and 7#b7 by striking ,such cooperation shall include and inserting the following3 7#b7 ,such cooperation shall include-- 7,a7 before making a determination under section #d7;a71 providing to ,states affected by such determination all data that is the basis of the determination2 and 7,b7 4 7b7 ,ensuring use of ,state1 tribal1 and local information 7#a7 ,in general ,section #c of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecb7 is amended-- 7,a7 by redesignating paragraphs 7#b7 through 7#ba7 as paragraphs 7#c7 through 7#bb71 respectively2 and 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,the term best scientific and commercial data available includes all such data submitted by a ,state1 tribal1 or county government4 4 7#b7 ,conforming amendment ,section #g7n7 of such ,act 7#af ,u4,s4,c4 #aecf7n77 is amended by striking section #c7ac7 and inserting section #c7ad74 #d4 ,disclosure of expenditures under ,endangered ,species ,act of #aigc 7a7 ,requirement ,to disclose ,section #ac of the ,endangered ,species ,act of #aigc 7#hg ,stat4 #ijb2 relating to conforming amendments which have executed7 is amended to read as follows3 #ac4 ,disclosure of expenditures 7a7 ,requirement ,the ,secretary of the ,interior1 in consultation with the ,secretary of ,commerce1 shall-- 7#a7 not later than #ij days after the end of each fiscal year1 submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate an annual report detailing ,federal ,government expenditures for covered suits during the preceding fiscal year 7including the information described in subsection 7b772 and 7#b7 make publicly available through the ,internet a searchable database of the information described in subsection 7b74 7b7 ,included information ,the report shall include-- 7#a7 the case name and number of each covered suit1 and a hyperlink to the record or decision for each covered suit 7if available72 7#b7 a description of the claims in each covered suit2 7#c7 the name of each covered agency whose actions gave rise to a claim in a covered suit2 7#d7 funds expended by each covered agency 7disaggregated by agency account7 to receive and respond to notices referred to in section #aa7;g77#b7 or to prepare for litigation of1 litigate1 negotiate a settlement agreement or consent decree in1 or provide material1 technical1 or other assistance in relation to1 a covered suit2 7#e7 the number of full-time equivalent employees that participated in the activities described in paragraph 7#d72 7#f7 attorneys fees and other expenses 7disaggregated by agency account7 awarded in covered suits1 including any consent decrees or settlement agreements 7regardless of whether a decree or settlement agreement is sealed or otherwise subject to nondisclosure provisions71 including the bases for such awards2 and 7#g7 any ,federal funding used by a person or a governmental or non-governmental entity in bringing a claim in a covered suit4 7c7 ,requirement ,to provide information ,the head of each covered agency shall provide to the ,secretary in a timely manner all information requested by the ,secretary to comply with the requirements of this section4 7d7 ,limitation on disclosure ,notwithstanding any other provision of this section1 this section shall not affect any restriction in a consent decree or settlement agreement on the disclosure of information that is not described in subsection 7b74 7e7 ,definitions 7#a7 ,covered agency ,the term covered agency means any agency of the ,department of the ,interior1 the ,forest ,service1 the ,national ,marine ,fisheries ,service1 the ,bonneville ,power ,administration1 the ,western ,area ,power ,administration1 the ,southwestern ,power ,administration1 or the ,southeastern ,power ,administration4 7#b7 ,covered suit ,the term covered suit means any civil action containing a claim against the ,federal ,government1 in which the claim arises under this ,act and is based on the action of a covered agency4 4 7b7 ,clerical amendment ,the table of contents in the first section of such ,act is amended by striking the item relating to such section and inserting the following3 ,sec4 #ac4 ,disclosure of expenditures4 4 7c7 ,prior amendments not affected ,this section shall not be construed to affect the amendments made by section #ac of such ,act1 as in effect before the enactment of this ,act4 #e4 ,award of litigation costs to prevailing parties in accordance with existing law ,section #aa7;g77#d7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aedj7;g77#d77 is amended by striking to any and all that follows through the end of the sentence and inserting to any prevailing party in accordance with section #bdab of title #bh1 ,united ,states ,code44 ,passed the ,house of ,representatives ,july #bi1 #bjad4;,clerk4