,,ib ,union ,calendar ,no4 #hee #aaeth ,,congress #b;d ,session ,h4 ,r4 #fcee ,report ,no4 #aae-aaje ,,in ,,the ,,house ,,of ,,representatives ,july #ab1 #bjah ,mr4 ,westerman 7for himself1 ,mr4 ,biggs1 ,mr4 ,bishop of ,utah1 ,mr4 ,cramer1 ,mr4 ,duncan of ,south ,carolina1 ,mr4 ,gosar1 ,mr4 ,norman1 ,mr4 ,abraham1 ,mr4 ,luetkemeyer1 ,mr4 ,smith of ,missouri1 ,mr4 ,banks of ,indiana1 ,mrs4 ,noem1 ,mr4 ,stewart1 ,mr4 ,collins of ,georgia1 ,mr4 ,mc,clintock1 ,mr4 ,estes of ,kansas1 ,mr4 ,gohmert1 and ,mr4 ,newhouse7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,december #ba1 #bjah;,additional sponsors3 ,mr4 ,guthrie1 ,mr4 ,hunter1 ,mr4 ,marshall1 ,mr4 ,latta1 ,mr4 ,mooney of ,west ,virginia1 and ,mr4 ,rokita ,december #ba1 #bjah ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,july #ab1 #bjah ,a ,,bill ,to amend the ,endangered ,species ,act of #aigc to define petition backlogs and provide expedited means for discharging petitions during such a backlog4 #a4 ,short title ,this ,act may be cited as the ,providing ,,esa ,timing ,improvements ,that ,increase ,opportunities for ,nonlisting ,act of #bjah or the ,,petition ,act of #bjah4 #b4 ,definitions ,section #c of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecb7 is amended-- 7#a7 by moving the margins of paragraphs 7#a7 through 7#ba7 #b ems to the right2 7#b7 by inserting before the text the following3 7a7 ,in general4--2 and 7#c7 by adding at the end the following3 7b7 ,definitions related to petitions ,in this ,act3 7#a7 #ij-;day petition backlog ,the term #ij-;day petition backlog means such a backlog declared by the ,secretary under section #d7;b77#c77;,e74 7#b7 #ab-month petition backlog ,the term #ab-month petition backlog means such a backlog declared by the ,secretary under section #d7;b77#c77;,e74 7#c7 ,backlog schedule ,the term backlog schedule means a comprehensive1 regularly updated compendium of petitioned-for species that are the subject of a #ij-;day petition backlog or a #ab-month petition backlog-- 7,a7 that consists of-- 7i7 a list of petitions to add a species to a list of species under section #d7;c71 including petitions to move a species from the list of threatened species to the list of endangered species2 and 7ii7 a list of petitions to remove a species from a list of species under section #d7;c71 including petitions to move a species from the list of endangered species to the list of threatened species2 and 7,b7 in which the petitions in each such list appear in the order in which the petitions were submitted to the ,secretary4 7#d7 ,backlog procedures ,the term backlog procedures means the actions taken by the ,secretary-- 7,a7 under section #d7;b77#c77;,g7 following the declaration of a #ij-;day petition backlog2 or 7,b7 under section #d7;b77#c77;,h7 following the declaration of a #ab-month petition backlog4 7#e7 ,petitioned-for species ,the term petitioned-for species means a species that has been identified in a petition presented under subparagraph 7,a7 or 7,b7 of section #d7;b77#c74 4 #c4 ,backlog declaration and procedures 7a7 ,in general ,section #d7;b77#c7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;b77#c77 is amended by adding at the end the following3 7,e7 7i7 ,the ,secretary shall-- 7,i7 declare a #ij-;day petition backlog at any time the total number of species for which a petition is presented to the ,secretary under subparagraph 7,a7 that has not been the subject of a finding by the ,secretary within the timeframe established under such subparagraph exceeds #e percent of the number of species for which such petitions have been presented during the preceding #ae years2 7,,ii7 submit a backlog schedule for such backlog to-- 7aa7 the ,president2 7bb7 the ,chairman and ranking minority ,member of the ,committee on ,environment and ,public ,works of the ,senate2 and 7cc7 the ,chairman and ranking minority ,member of the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7,,iii7 comply with backlog procedures under subparagraph 7,g7 during the period such backlog is in effect4 7ii7 ,the ,secretary shall-- 7,i7 declare a #ab-month petition backlog at any time the total number of species for which a petition is being considered by the ,secretary under subparagraph 7,b7 that has not been the subject of a finding by the ,secretary within the timeframe established under such subparagraph exceeds #e percent of the number of species for which such petitions have been presented during the preceding #ae years2 7,,ii7 submit a backlog schedule for such backlog to-- 7aa7 the ,president2 7bb7 the ,chairman and ranking minority ,member of the ,committee on ,environment and ,public ,works of the ,senate2 and 7cc7 the ,chairman and ranking minority ,member of the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7,,iii7 comply with backlog procedures under subparagraph 7,h7 during the period such declaration is in effect4 7iii7 ,not later than #ij days after declaring a #ij-;day petition backlog or #ab-month petition backlog1 and every #ij days thereafter during the period such backlog is in effect1 the ,secretary shall submit to the recipients under clause 7ii77,,ii7 and 7iii77,,ii71 respectively1 an updated backlog schedule that contains-- 7,i7 a list of petitioned-for species for which a finding had been made since the last submission of the backlog schedule under such clause2 7,,ii7 the outcomes of findings for all petitioned-for species for which a finding has been made since the last submission of the backlog schedule under such clause2 and 7,,iii7 a summary of the bases of all findings for any petitioned-for species for which a finding has been made since the preceding submission of the backlog4 7,f7 ,the ,secretary shall terminate a #ij-;day petition backlog or #ab-month petition backlog at such time as the requirements for declaring such backlog under subparagraph 7,e77i7 or 7,e77ii71 respectively1 are not fulfilled4 7,g7 ,during the effective period of a #ij-;day petition backlog-- 7i7 the requirement under subparagraph 7,a7 to make a finding within #ij days shall not apply with respect to any species that is the subject of a petition included in the list under section #b7;b77#c77;,a77i72 7ii7 except as provided in clause 7iii71 the ,secretary shall not make any finding under subparagraph 7,a7 with respect to any species included in the list under section #b7;b77#c77;,a77i7 in the applicable backlog schedule1 until the earlier of-- 7,i7 the date the ,secretary terminates the backlog under subparagraph 7,f72 7,,ii7 the date the applicable backlog schedule consists of only the list under such section2 or 7,,iii7 the date the only petitioned-for species in the backlog schedule to which the ,secretary has not devoted sufficient resources so as to issue such a finding within #ij days are those in the list under such section2 and 7iii7 the ,secretary is deemed to have made a finding under subparagraph 7,a7 that each petition for a species included in the list under section #b7;b77#c77;,a77i7 in the applicable backlog schedule does not present substantial scientific or commercial information indicating that the petitioned action may be warranted1 effective upon the expiration of the #ahj-;day period beginning on the date the petition was submitted4 7,h7 ,except as provided in subparagraph 7,i7-- 7i7 after declaring a #ab-month petition backlog under subparagraph 7,e77ii7 and before taking any actions under clause 7ii7 of this subparagraph1 the ,secretary shall assign each petition and petitioned-for species to be considered under such clause to one of the five priority bins referred to in the notice issued by the ,united ,states ,fish and ,wildlife ,service entitled ,methodology for ,prioritizing ,status ,reviews and ,accompanying #ab-month findings on ,petitions for ,listing ,under the ,endangered ,species ,act 7#ha ,fed4 ,reg4 #dibdh 7,july #bg1 #bjaf772 and 7ii7 during the effective period of such #ab-month petition backlog under subparagraph 7,e77ii7-- 7,i7 the requirement under subparagraph 7,b7 to make a finding within #ab months shall not apply with respect to any species that is the subject of a petition included in the list under section #b7;b77#c77;,a77i72 7,,ii7 the ,secretary shall consider under this paragraph only petitions for species included in the list under section #b7;b77#c77;,a77ii7 in the applicable backlog schedule1 that were submitted more than #ab months before the establishment of the backlog2 7,,iii7 except as provided in subclause 7,,iv71 the ,secretary shall not make any finding under subparagraph 7,b7 with respect to any species included in the list under section #b7;b77#c77;,a77i7 in the applicable backlog schedule1 until the earlier of-- 7aa7 the date the ,secretary terminates the backlog under subparagraph 7,f72 7bb7 the date the applicable backlog schedule consists of only the list under such section2 or 7cc7 the date the only petitioned-for species in the backlog schedule to which the ,secretary has not devoted sufficient resources so as to issue such a finding within #ab months are those in the list under such section2 and 7,,iv7 the ,secretary is deemed to have made a finding under subparagraph 7,b77i7 for each species included in the list under section #b7;b77#c77;,a77i7 that the petitioned action is not warranted-- 7aa7 effective upon the expiration of the #ah-month period beginning on the date the petition was submitted1 if the ,secretary has not assigned the species to the ,highest ,priority--,critically ,imperiled1 ,strong ,data ,already ,available on ,status priority bin or ,new ,science ,underway to ,inform ,key ,uncertainties priority bin referred to in the notice referred to in clause 7i72 or 7bb7 effective upon the expiration of the #bd-month period beginning on the date the petition was submitted1 if the ,secretary has assigned the species to the ,strong ,data ,already ,available on ,status priority bin or ,new ,science ,underway to ,inform ,key ,uncertainties priority bin referred to in the notice referred to in clause 7i74 7,i7 7i7 ,in the case of the first #ab-month petition backlog under subparagraph 7,e77ii7-- 7,i7 item 7aa7 of subparagraph 7,h77ii77,,iv7 shall be applied by substituting #cj-month for #ah-month2 and 7,,ii7 item 7bb7 of subparagraph 7,h77ii77,,iv7 shall be applied by substituting #cf-month for #bd-month4 7ii7 ,the ,secretary may not under subparagraph 7,h77i7 change the assignment of a petition or petitioned-for species from one priority bin to another priority bin4 7,j7 ,in the case of findings under subparagraph 7,g77iii7 and 7,h77ii77,,iv71 the publication under subparagraph 7,a7 or 7,b77i71 respectively1 may consist solely of a notice of each finding4 7,k7 7i7 ,except as otherwise provided in this ,act1 the ,secretary shall regularly maintain on the internet site of the ,united ,states ,fish and ,wildlife ,service a publically available database of petitions referred to in this paragraph and species otherwise evaluated under subsection 7a74 7ii7 ,the database shall contain information about each petitioned-for species including-- 7,i7 the date a petition for such species was submitted2 7,,ii7 the person who submitted the petition2 7,,iii7 the current status of the petition within the statutory and agency process1 including the most recent agency action taken2 7,,iv7 a web link to any documents received under this paragraph that constituted the petition for such species2 7,v7 a web link to any materials the ,secretary has received from ,state or local governments pertaining to petitions to list such species2 7,,vi7 the outcomes of all prior petitioning or listing procedures for such species2 and 7,,vii7 the outcomes of all prior litigation against the ,federal ,government on the basis of a petition for or listing of such species1 including actions or agreements by the ,federal ,government to-- 7aa7 dispense monies to litigating parties or counsel2 7bb7 promulgate rules as a direct or indirect result of litigation outcomes or agreements2 7cc7 resolve any matter related to the petition or a petitioned-for species by a certain date1 or otherwise2 7dd7 conduct further research or analysis related to the petition or petitioned-for species2 or 7ee7 engage in any other activity as a result of the terms of litigation settlements or court orders related to such petitions or petitioned-for species4 7,l7 ,notwithstanding subparagraph 7,c77ii71 a finding by the ,secretary under subparagraph 7,g77iii71 and any failure by the ,secretary in the effective period of a #ij-;day petition backlog to make a finding under subparagraph 7,a7 with respect to any species included in the list under section #b7;b77#c77;,a77i7 in the applicable backlog schedule1 is not subject to judicial review4 7,m7 7i7 ,the ,secretary shall enter into a contract with any person under which the person agrees to reimburse the ,federal ,government for all costs incurred for review of and decision upon any petition under this ,act to add a species to a list of species under section #d7;c71 including petitions to move a species from the list of threatened species to the list of endangered species4 7ii7 ,such a contract-- 7,i7 shall require the person to reimburse such costs monthly during the period the petition is under review by the ,secretary2 and 7,,ii7 if payment of reimbursement is made in accordance with subclause 7,i7 without lapse1 shall require the ,secretary1 notwithstanding any other provision of this ,act1 to-- 7aa7 issue a decision on the petition2 and 7bb7 continuously study1 review1 or render such a decision during the period the contract is in effect4 4 7b7 ,conforming amendment ,section #d7;b77#c77;,c7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;b77#c77;,c77 is amended-- 7#a7 by striking clause 7ii72 and 7#b7 by redesignating clause 7iii7 as clause 7ii74 7c7 ,effect of dismissal of petition ,section #d7;b77#c7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;b77#c771 as amended by subsection 7a71 is further amended by adding at the end the following3 7,n7 ,dismissal of a petition by backlog procedures shall not affect the review of any subsequent petition for any species 4 ,december #ba1 #bjah ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed