Sec. 201. Definitions
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/bill/116/s/4589/is/section-201A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3 of the Endangered Species Act of 1973 ( 16 U.S.C. 1532 ) is amended— by striking the section designation and heading and all that follows through purposes of this Act— in the matter preceding paragraph
(1)and inserting the following: In this Act: ; by redesignating paragraphs (1),
(2)through (4), (5),
(6)through (9), (10),
(12)through (14), and
(15)through
(21)as paragraphs (2),
(4)through (6), (8),
(10)through (13), (15),
(17)through (19), and
(22)through (28), respectively; by inserting before paragraph
(2)(as so redesignated) the following: The term affected party means any unit of State, Tribal, or local government the rights of which may be affected by a determination made under section 4(a) in an action brought under section 11(g)(1)(C), including property rights. ; by inserting after paragraph
(2)(as so redesignated) the following: The term appropriately qualified scientist or other qualified person — has the meaning given the term by the Secretary in the rulemaking under section 201(c)(2) of the Endangered Species Act Amendments of 2020 ; and includes a person with, at a minimum, expertise regarding a species, closer relatives of a species, or the ecosystem on which a species depends. ; by inserting after paragraph
(6)(as so redesignated) the following: The term covered settlement means a consent decree or a settlement agreement in an action brought under section 11(g)(1)(C). ; by inserting after paragraph
(8)(as so redesignated) the following: The term eligible State agency — has the meaning given the term by the Secretary in the rulemaking under section 201(c)(2) of the Endangered Species Act Amendments of 2020 ; and means a State agency of an impacted State that, at a minimum, demonstrates adequate authority and capability to develop and implement recovery plans and implementation plans, as applicable. ; by inserting after paragraph
(13)(as so redesignated) the following: The term impacted State , with respect to a threatened species or endangered species, means any State in which the threatened species or endangered species, as applicable, is believed to occur. ; by inserting after paragraph
(15)(as so redesignated) the following: The term party with a direct interest in the land in which the relevant species is believed to occur — has the meaning given the term by the Secretary in the rulemaking under section 201(c)(2) of the Endangered Species Act Amendments of 2020 ; and includes— if a recovery team is established, each member of the recovery team; if a recovery team is not established, appropriately qualified scientists and other qualified people who conduct the development of a recovery plan; and parties who— own, lease, or otherwise hold a legal interest in land in which the relevant species is believed to occur; operate agricultural, energy, natural resource extraction, or other productive activities on the land in which the relevant species is believed to occur; and conduct land, habitat, and conservation activities on the land in which the relevant species is believed to occur. ; and by inserting after paragraph
(19)(as so redesignated) the following: The term recovery plan means a plan for the conservation and recovery of a threatened species or an endangered species that— incorporates the best scientific and commercial data available; and includes a description of the criteria and measures that will be used to monitor implementation. The term recovery team means a team established by the Secretary under section 4(f)(5)(B) for the purpose of developing, implementing, monitoring, and revising a recovery plan. . Section 4(b) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(b) ) is amended— in paragraph (2), in the first sentence, by inserting and commercial after scientific ; and in paragraph (7), in the third sentence of the undesignated matter following subparagraph (B), by striking best appropriate data available to him and inserting best scientific and commercial data available . Section 7(n) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(n) ) is amended, in the first sentence, by striking , as defined by section 3(13) of this Act, . Section 10(j)(2)(B) of the Endangered Species Act of 1973 ( 16 U.S.C. 1539(j)(2)(B) ) is amended by striking best available information and inserting best scientific and commercial data available . It is the sense of Congress that, for purposes of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.)— any comment submitted to the Secretary of the Interior by a State (as defined in section 3 of that Act ( 16 U.S.C. 1532 )) should be afforded full and fair consideration by the Secretary; and consultation with States to the maximum extent possible, as required by that Act (as amended by this Act), should be subject to a higher standard than the maximum extent practicable consultation standard in effect on the day before the date of enactment of this Act. Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Commerce shall initiate a rulemaking to define, for purposes of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.)— the term full and fair consideration , in accordance with the sense of Congress expressed in paragraph (1)(A); the term maximum extent possible , with respect to consultation with States, in accordance with the sense of Congress expressed in paragraph (1)(B); and the terms appropriately qualified scientist or other qualified person , eligible State agency , and party with a direct interest in the land in which the relevant species is believed to occur , in accordance with section 3 of that Act ( 16 U.S.C. 1532 ) (as amended by subsection (a)).
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