,i #aafth ,,congress #b;d ,session ,h4 ,r4 #eegi ,,in ,,the ,,house ,,of ,,representatives ,january #aj1 #bjbj,mr4 ,gianforte 7for himself1 ,mr4 ,gosar1 ,mr4 ,newhouse1 ,mr4 ,crawford1 and ,mr4 ,mc,clintock7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to amend the ,endangered ,species ,act of #aigc to provide for improved precision in the listing1 delisting1 and downlisting of endangered species and potentially endangered species4 #a4 ,short title ,this ,act may be cited as the ,less ,imprecision in ,species ,treatment ,act of #bjbj or the ,,list ,act of #bjbj4 #b4 ,requirement to initiate delisting 7a7 ,requirement in case of recovery ,section #d7;b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;b77 is amended by adding at the end the following3 7#i7 7,a7 ,the ,secretary shall initiate the procedures in accordance with subsection 7a77#a7 to remove a species from a list published under subsection 7c7 if-- 7i7 the goals of a recovery plan for the species developed under subsection 7f7 have been met2 or 7ii7 the goals for recovery of the species have not been developed under subsection 7f71 and the ,secretary determines that the species has recovered sufficiently to no longer require the protection of the ,act4 7,b7 ,notwithstanding the requirement of subsection 7c77#b7 that each determination under subparagraph 7,b7 of that subsection shall be made in accordance with the provisions of subsections 7a7 and 7b71 the ,secretary shall remove a species from any list published under subsection 7c7 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 7f7 have been met4 7,c7 ,in the case of a species removed under subparagraph 7,a7 from a list published under subsection 7c71 the publication and notice under subsection 7b77#e7 shall consist solely of a notice of such removal4 4 7b7 ,requirement in case erroneously or wrongfully listed ,section #d7;b77#c7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc7;a771 as amended by subsection 7a71 is further amended by adding at the end the following3 7,h7 7i7 ,not later than #ij days after the date the ,department of the ,interior receives or produces under this subsection information described in clause 7ii7 regarding a species included in a list under subsection 7c71 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 7ii74 7ii7 ,information referred to in clause 7i7 is any information demonstrating that the listing was determined on the basis of scientific or commercial information available to1 or received or produced by1 the ,department under paragraphs 7#a7 and 7#c7 of subsection 7b7 that at the time the scientific or commercial information was available to or received or produced by the ,department it was-- 7,i7 inaccurate beyond scientifically reasonable margins of error2 7,,ii7 fraudulent2 or 7,,iii7 misrepresentative4 7iii7 ,notwithstanding the requirement under subsection 7c77#b77;,b7 that each determination under subparagraph 7,b7 shall be made in accordance with the provisions of subsections 7a7 and 7b71 the ,secretary shall-- 7,i7 remove from any list published under subsection 7c7 any species for which a positive finding is made under clause 7i72 and 7,,ii7 promptly publish in the ,federal ,register notice of such finding that includes such information as was received or produced by the ,department under such clause4 7iv7 ,any positive finding by the ,secretary under clause 7i7 shall not be subject to judicial review4 7v7 ,any negative finding by the ,secretary under clause 7i7 shall be subject to judicial review4 7vi7 ,in the case of a species removed under clause 7iii7 from a list1 the publication and notice under subsection 7b77#e7 shall consist solely of a notice of such removal4 7vii7 ,if the ,secretary finds that a person submitted a petition that is the subject of a positive finding under clause 7i7 knowing that it contained scientific or commercial information described in clause 7ii71 then during the #aj-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 7,a7 with respect to any petition submitted by the person after the date the person submitted such scientific or commercial information4 4 #c4 ,expanded consideration during five-year review ,section #d7;c7 7#af ,u4,s4,c4 #aecc7;c77 is amended by adding at the end the following3 7#c7 ,each determination under paragraph 7#b77;,b7 shall consider one of the following3 7,a7 ,except as provided in subparagraph 7,b7 of this paragraph1 the criteria required under subsection 7f77#a77;,b7 in the recovery plan for the species4 7,b7 ,if the objective1 measurable criteria under subsection 7f77#a77;,b77ii7 are not established1 the factors for the determination that a species is an endangered species or a threatened species set forth in subsections 7a77#a7 and 7b77#a74 7,c7 ,a finding of error in the determination that the species is an endangered species1 a threatened species1 or extinct4 7,d7 ,a determination that the species is no longer an endangered species or threatened species or in danger of extinction1 based on an analysis of the factors that are the basis for listing in subsections 7a77#a7 and 7b77#a74 4