Bill Summary
The Endangered Species Transparency and Reasonableness Act of 2020 aims to amend the existing Endangered Species Act of 1973. It requires the publication of the basis for determining whether a species is endangered or threatened on the internet. This includes providing data to affected states before making a determination, using state, tribal, and local information in decision-making, and disclosing federal expenditures related to lawsuits under the Endangered Species Act. This bill also allows for the award of litigation costs to prevailing parties in accordance with existing law.
Possible Impacts
1. The requirement to publish on the internet the basis for listings under the Endangered Species Act could affect people by providing them with transparent information about which species are considered endangered or threatened. This could have a positive impact on conservation efforts and allow people to make informed decisions about how to protect endangered species.
2. The requirement for decisional transparency with affected states could affect people by ensuring that states have access to all the data used to make a determination about a species. This could potentially lead to more collaboration and cooperation between states and federal agencies, as well as more informed decisions about species protection.
3. The disclosure of expenditures under the Endangered Species Act could affect people by providing them with information about how federal funds are being used for endangered species protection. This could increase government accountability and allow people to see how their tax dollars are being spent on conservation efforts.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5694 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 5694
To amend the Endangered Species Act of 1973 to require publication on
the internet of the basis for determinations that species are
endangered species or threatened species, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 28, 2020
Mr. McClintock (for himself, Mr. Gosar, Mr. Newhouse, Mr. Crawford, Mr.
Stauber, Mr. LaMalfa, Mr. Stewart, Mr. Perry, Ms. Cheney, Mr. Smith of
Missouri, Mr. Norman, Mr. Marshall, Mr. Gohmert, and Mr. Armstrong)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To amend the Endangered Species Act of 1973 to require publication on
the internet of the basis for determinations that species are
endangered species or threatened species, and for other purposes.
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 ``Endangered Species Transparency and
Reasonableness Act of 2020''.
SEC. 2. REQUIREMENT TO PUBLISH ON THE INTERNET THE BASIS FOR LISTINGS.
Section 4(b) of the Endangered Species Act (16 U.S.C. 1533(b)) is
amended by adding at the end the following:
``(9) The Secretary shall make publicly available on the internet
the best scientific and commercial data available that are the basis
for each regulation, including each proposed regulation, promulgated
under subsection (a)(1), except that--
``(A) at the request of a Governor, State agency, or
legislature of a State, the Secretary shall not make
information available under this paragraph if such State
determines that public disclosure of such information is
prohibited by a law or regulation of such State, including any
law or regulation requiring the protection of personal
information; and
``(B) within 30 days after the date of the enactment of
this paragraph, the Secretary shall execute an agreement with
the Secretary of Defense that prevents the disclosure of
classified information pertaining to Department of Defense
personnel, facilities, lands, or waters.''.
SEC. 3. DECISIONAL TRANSPARENCY AND USE OF STATE, TRIBAL, AND LOCAL
INFORMATION.
(a) Requiring Decisional Transparency With Affected States.--
Section 6(a) of the Endangered Species Act of 1973 (16 U.S.C. 1535(a))
is amended--
(1) by inserting ``(1)'' before the first sentence; and
(2) by striking ``Such cooperation shall include'' and
inserting the following:
``(2) Such cooperation shall include--
``(A) before making a determination under section
4(a), providing to States affected by such
determination all data that is the basis of the
determination; and
``(B)''.
(b) Ensuring Use of State, Tribal, and Local Information.--
(1) In general.--Section 3 of the Endangered Species Act of
1973 (16 U.S.C. 1532) is amended--
(A) by redesignating paragraphs (2) through (21) as
paragraphs (3) through (22), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) The term `best scientific and commercial data available'
includes all such data submitted by a State, Tribal, or county
government.''.
(2) Conforming amendment.--Section 7(n) of such Act (16
U.S.C. 1536(n)) is amended by striking ``section 3(13)'' and
inserting ``section 3(14)''.
SEC. 4. DISCLOSURE OF EXPENDITURES UNDER ENDANGERED SPECIES ACT OF
1973.
(a) Requirement To Disclose.--Section 13 of the Endangered Species
Act of 1973 (87 Stat. 902; relating to conforming amendments which have
executed) is amended to read as follows:
``SEC. 13. DISCLOSURE OF EXPENDITURES.
``(a) Requirement.--The Secretary of the Interior, in consultation
with the Secretary of Commerce, shall--
``(1) not later than 90 days after the end of each fiscal
year, 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 (including the information described in subsection
(b)); and
``(2) make publicly available through the internet a
searchable database of the information described in subsection
(b).
``(b) Included Information.--The report shall include--
``(1) the case name and number of each covered suit, and a
hyperlink to the record or decision for each covered suit (if
available);
``(2) a description of the claims in each covered suit;
``(3) the name of each covered agency whose actions gave
rise to a claim in a covered suit;
``(4) funds expended by each covered agency (disaggregated
by agency account) to receive and respond to notices referred
to in section 11(g)(2) or to prepare for litigation of,
litigate, negotiate a settlement agreement or consent decree
in, or provide material, technical, or other assistance in
relation to, a covered suit;
``(5) the number of full-time equivalent employees that
participated in the activities described in paragraph (4);
``(6) attorneys fees and other expenses (disaggregated by
agency account) awarded in covered suits, including any consent
decrees or settlement agreements (regardless of whether a
decree or settlement agreement is sealed or otherwise subject
to nondisclosure provisions), including the bases for such
awards; and
``(7) any Federal funding used by a person or a
governmental or nongovernmental entity in bringing a claim in a
covered suit.
``(c) 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 section.
``(d) Limitation on Disclosure.--Notwithstanding any other
provision of this section, 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 (b).
``(e) Definitions.--
``(1) Covered agency.--The term `covered agency' means any
agency of the Department of the Interior, the Forest Service,
the National Marine Fisheries Service, the Bonneville Power
Administration, the Western Area Power Administration, the
Southwestern Power Administration, or the Southeastern Power
Administration.
``(2) Covered suit.--The term `covered suit' means any
civil action containing a claim against the Federal Government,
in which the claim arises under this Act and is based on the
action of a covered agency.''.
(b) 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 following:
``Sec. 13. Disclosure of expenditures.''.
(c) Prior Amendments Not Affected.--This section shall not be
construed to affect the amendments made by section 13 of such Act, as
in effect before the enactment of this Act.
SEC. 5. AWARD OF LITIGATION COSTS TO PREVAILING PARTIES IN ACCORDANCE
WITH EXISTING LAW.
Section 11(g)(4) of the Endangered Species Act of 1973 (16 U.S.C.
1540(g)(4)) 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 2412 of title 28, United States Code.''.
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