H.R. 180

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 180 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 180

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 3, 2025

Mr. McClintock 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 2025''.

SEC. 2. REQUIREMENT TO PUBLISH ON THE INTERNET THE BASIS FOR LISTINGS.

Section 4(b) of the Endangered Species Act of 1973 (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.--Section 
3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is amended--
(1) by redesignating paragraphs (2) through (10) as 
paragraphs (3) through (11), respectively; and
(2) 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.''.

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, updated monthly, 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 settlement decisions, final decision, consent 
decrees, stipulations of dismissal, releases, interim 
decisions, motions to dismiss, partial motions for summary 
judgement, or related final documents;
``(2) a description of each claim or cause of action in 
each covered suit;
``(3) the name of each covered agency whose actions give 
rise to any claim in a covered suit and each plaintiff in such 
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) any information required to be published under 
section 1304 of title 31, United States Code, with respect to a 
covered suit;
``(7) 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
``(8) 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 Environmental Protection Agency, 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--
``(A) any civil action containing any claim arising 
under this Act against the Federal Government and based 
on the action of a covered agency; and
``(B) any administrative proceeding under which the 
United States awards fees and other expenses to a third 
party under section 504 of title 5, United States 
Code.''.
(b) Clerical Amendment.--The table of contents in the first section 
of such Act is amended by striking the item relating to section 13 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 ``in accordance with 
section 2412 of title 28, United States Code and section 504 of title 
5, United States Code.''.
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