,,ii #aahth ,,congress #b;d ,session ,s4 #dihe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #a1 #bjbd,mr4 ,lankford 7for himself1 ,mr4 ,barrasso1 and ,ms4 ,lummis7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to reform the process for listing a species as threatened or endangered under the ,endangered ,species ,act of #aigc1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the #bast ,century ,wildlife ,enhancement and ,partnership ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,candidate ,conservation ,agreement ,the term ,candidate ,conservation ,agreement means a formal1 voluntary agreement between the ,service and #a or more parties to address the conservation needs of-- 7,a7 a candidate species2 or 7,b7 a species that may become a candidate species in the near future4 7#b7 ,candidate ,conservation ,agreement with ,assurances ,the term ,candidate ,conservation ,agreement with ,assurances means a ,candidate ,conservation ,agreement that provides incentives for persons that are parties to the ,candidate ,conservation ,agreement to engage in the voluntary conservation activities described in the ,candidate ,conservation ,agreement4 7#c7 ,candidate species ,the term candidate species means a species that is under consideration for listing as threatened or endangered under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7#d7 ,conservation ,benefit ,agreement ,the term ,conservation ,benefit ,agreement means a conservation benefit agreement described in the final rule of the ,service entitled ,endangered and ,threatened ,wildlife and ,plants2 ,enhancement of ,survival and ,incidental ,take ,permits 7#hi ,fed4 ,reg4 #bfjgj 7,april #ab1 #bjbd774 7#e7 ,established consortium ,the term established consortium means a ,state-based or multi-,state-based group of individuals or organizations that-- 7,a7 is established as of the date of enactment of this ,act2 7,b7 operates under a functioning1 as determined by the individuals or organizations that are parties to that consortium-- 7i7 conservation or recovery plan2 or 7ii7 conservation1 recovery1 or planning documents2 and 7,c7 is an ongoing partnership organized principally for the conservation of a species that is not listed1 or a species that is proposed to be listed1 under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#g7 ,service ,the term ,service means the ,united ,states ,fish and ,wildlife ,service4 7#h7 ,species ,the term species has the meaning given the term in section #c of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecb74 7#i7 ,third-party evaluator team ,the term third-party evaluator team means an independent entity empaneled under section #c7;a74 #c4 ,independent review of proposed listings 7a7 ,third-,party evaluator teams 7#a7 ,in general ,not later than #ij days after the date on which an established consortium requests that a third-party evaluator team be empaneled under subsection 7b77#a77;,b71 the ,secretary shall empanel a third-party evaluator team to review1 evaluate1 and determine the sufficiency of a proposed listing as threatened or endangered under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 by the ,service of a species that is managed by the established consortium that objects to that proposed listing4 7#b7 ,membership2 structure 7,a7 ,in general ,the structure and membership of a third-party evaluator team shall be established by the ,secretary1 in consultation with ,congress1 subject to the condition that the ,secretary shall have the final determination on the structure1 membership1 and scope of review of a third-party evaluator team4 7,b7 ,guidelines and requirements for membership ,in establishing the membership of a third-party evaluator team under subparagraph 7,a71 the ,secretary shall adhere to the following requirements3 7i7 ,not fewer than #e1 but not greater than #i1 individuals selected to serve on the third-party evaluator team shall have expertise in the following3 7,i7 ,science or academic background necessary to render an expert opinion on the scientific studies and related materials submitted for review under paragraphs 7#e7 and 7#f77;,c7 of subsection 7b74 7,,ii7 ,ability to provide economic analysis and economic impacts of a threatened or endangered species listing on local and regional economies1 with a particular expertise on impacts on private landowners and small businesses4 7,,iii7 ,voluntary conservation partnerships4 7,,iv7 ,natural resource-related industries1 including oil and gas1 mining1 forestry1 ranching1 agriculture1 and grazing4 7ii7 ,no current or former employee of the ,service shall be eligible to serve on the third-party evaluator team4 7,c7 ,chair ,the ,chair of a third-party evaluator team shall be determined by the members of the third-party evaluator team4 7,d7 ,publication ,not later than #aj days before the date on which a third-party evaluator team has its first meeting1 the ,secretary shall publish1 by ,secretarial ,order in the ,federal ,register1 the structure1 membership1 and scope of review of the third-party evaluator team4 7#c7 ,administration2 voting 7,a7 ,in general ,a third-party evaluator team shall determine the process for reviewing documents1 requesting information1 drafting the final report under subsection 7b77#g71 and other related actions4 7,b7 ,voting 7i7 ,in general ,each member of a third-party evaluator team shall have an equal vote4 7ii7 ,vote to proceed 7,i7 ,in general ,a determination on proceeding by a third-party evaluator team shall be by majority vote4 7,,ii7 ,tie ,for purposes of preparing and submitting a final report and determination under subsection 7b77#g71 a vote of a third-party evaluator team that results in a tie shall result in the proposed listing that is the subject of that final report and determination to be terminated4 7#d7 ,compensation of members ,a member of a third-party evaluator team who is not an officer or employee of the ,federal ,government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which the member is engaged in the performance of the duties of the third-party evaluator team4 7#e7 ,travel expenses ,a member of a third-party evaluator team shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the third-party evaluator team4 7b7 ,process 7#a7 ,in general ,not later than #ba days after the date on which the ,secretary publishes a notice of a proposed listing of a species as threatened or endangered under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 an established consortium may-- 7,a7 submit to the ,secretary a letter objecting to the proposed listing2 and 7,b7 request that a third-party evaluator team be empaneled4 7#b7 ,cease of ,federal action ,on receipt of an objection letter from an established consortium under paragraph 7#a77;,a71 the ,secretary shall cease all action with respect to the proposed listing4 7#c7 ,response by ,secretary ,not later than #de days after the date on which the ,secretary receives an objection letter from an established consortium under paragraph 7#a77;,a71 the ,secretary shall refer the matter to the third-party evaluator team4 7#d7 ,first meeting ,not later than #ad days after the date on which the ,secretary refers an objection to the third-party evaluator team under paragraph 7#c71 the third-party evaluator shall hold its first meeting4 7#e7 ,submission of information ,at such time and in such manner as the third-party evaluator team determines appropriate1 the ,service and the established consortium shall submit to the third-party evaluator team the scientific data1 or any other material1 that the ,service and the established consortium1 respectively1 believes supports its position in opposition to1 or support for1 the proposed listing4 7#f7 ,review 7,a7 ,in general ,not later than #ij days after the date on which the third-party evaluator team receives the information submitted under paragraph 7#e71 the third-party evaluator team-- 7i7 shall conduct an initial review of the assertions made by the ,service and the established consortium2 and 7ii7 may1 as applicable1 request additional information from-- 7,i7 the ,service or the established consortium2 or 7,,ii7 outside parties1 including the public1 experts1 or any other party1 as determined by the third-party evaluator team4 7,b7 ,considerations ,in conducting an initial review under subparagraph 7,a77i71 the third-party evaluator team shall consider1 in addition to the information submitted under paragraph 7#e7-- 7i7 the current management plans in place for the applicable candidate species2 7ii7 opportunities for achieving1 or continuing1 protection of the applicable species through the current1 or enhanced1 voluntary conservation actions2 7iii7 the economic impacts of the proposed listing2 and 7iv7 such other factors1 as determined by the third-party evaluator team4 7,c7 ,response to request ,if the third-party evaluator team requests additional information from the ,service1 the established consortium1 or an outside party under subparagraph 7,a77ii71 the ,service1 established consortium1 or outside party1 as applicable1 shall have #cj days to respond to that request4 7#g7 ,final decision and report 7,a7 ,in general ,not later than #ahj days after the later of the date on which the third-party evaluator team conducts an initial review under subparagraph 7,a77i7 of paragraph 7#f7 and the date on which the third-party evaluator team receives additional information under subparagraph 7,c7 of that paragraph1 the third-party evaluator team shall review the additional information1 if applicable1 and provide to the ,secretary a final report that contains a binding determination describing whether the proposed listing shall-- 7i7 proceed2 7ii7 be terminated2 or 7iii7 be remanded back to the ,service for further action1 in accordance with that determination4 7,b7 ,requirement ,a final report submitted under subparagraph 7,a7 shall be made publicly available and of sufficient length and detail to provide members of the public with a clear and basic understanding of the decision and why the decision was rendered4 7,c7 ,dissents ,any member of the third-party evaluator team that disagrees with the final report submitted under subparagraph 7,a7 may submit1 to the ,secretary in accordance with that subparagraph1 a dissent4 7#h7 ,final agency action ,a determination made by the third-party evaluator team under paragraph 7#g77;,a7 shall constitute a final agency action 7as defined in section #eea of title #e1 ,united ,states ,code74 #d4 ,enhancing the transparency of the listing process 7a7 ,in general ,in accordance with subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act71 each ,species ,status ,assessment shall be subject to notice and comment4 7b7 ,requirements ,each ,species ,status ,assessment shall include-- 7#a7 the names of all peer reviewers2 7#b7 a biography of each peer reviewer2 7#c7 the selection process for the members of the peer review team2 7#d7 a detailed description of all previous ,species ,status ,assessments that the peer review team has reviewed and the role of each member of the peer review team in those reviews2 7#e7 a list of published papers the peer reviewers have produced1 including the subject of the ,species ,status ,assessment and methodologies and expertise related to information included the ,species ,status ,assessment2 7#f7 an annotated bibliography of all reports1 academic papers1 and related material considered but excluded from the final ,species ,status ,assessment and an explanation of why that information was excluded2 7#g7 an annotated bibliography of all reports1 academic papers1 and related material considered and included in the final ,species ,status ,assessment and an explanation of why that information was included2 and 7#h7 an explanation of how the ,service interpreted the genetic data and information in the ,species ,status ,assessment and1 to the extent the peer review team use data sets1 the given assumptions in the interpretation of those data sets4 #e4 ,codification of ,partnerships 7a7 ,candidate conservation agreements2 candidate conservation agreements with assurances ,each ,candidate ,conservation ,agreement and ,candidate ,conservation ,agreement with ,assurances in effect as of the date of enactment of this ,act shall have the force and effect of law beginning on the date of enactment of this ,act until such time as the parties to the applicable ,candidate ,conservation ,agreement or ,candidate ,conservation ,agreement with ,assurances mutually agree not to renew the ,candidate ,conservation ,agreement or ,candidate ,conservation ,agreement with ,assurances1 as applicable4 7b7 ,partners for fish and wildlife program 7#a7 ,in general ,pursuant to the ,partners for ,fish and ,wildlife ,program of the ,service authorized by section #d of the ,partners for ,fish and ,wildlife ,act 7#af ,u4,s4,c4 #cggc7 7referred to in this subsection as the ,program71 the ,secretary shall enter into voluntary and customized partnerships with private landowners to improve conditions for wildlife4 7#b7 ,duties ,in carrying out the ,program1 the ,secretary shall provide technical and financial assistance to private landowners who enter into a partnership with the ,service under paragraph 7#a7 to plan1 design1 supervise1 and monitor customized habitat restoration projects4 #f4 ,conservation partnership options 7a7 ,in general ,notwithstanding any other provision of law1 it shall be at the sole discretion of a non-,federal property owner to determine which conservation agreement described in subsection 7b7 to enter into with the ,service for the conservation of a species4 7b7 ,conservation agreements described ,a conservation agreement referred to in subsection 7a7 is any of the following3 7#a7 ,a ,conservation ,benefit ,agreement4 7#b7 ,a ,candidate ,conservation ,agreement4 7#c7 ,a ,candidate ,conservation ,agreement with ,assurances4 #g4 ,ensuring true critical habitat ,the final rule of the ,service and the ,national ,marine ,fisheries ,service entitled ,endangered and ,threatened ,wildlife and ,plants2 ,regulations for ,listing ,species and ,designating ,critical ,habitat 7#hd ,fed4 ,reg4 #dejbj 7,august #bg1 #bjai77 is enacted into law4