Sec. 3. Independent review of proposed listings
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Not later than 90 days after the date on which an established consortium requests that a third-party evaluator team be empaneled under subsection (b)(1)(B), the Secretary shall empanel a third-party evaluator team to review, evaluate, and determine the sufficiency of a proposed listing as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) by the Service of a species that is managed by the established consortium that objects to that proposed listing.
The structure and membership of a third-party evaluator team shall be established by the Secretary, in consultation with Congress, subject to the condition that the Secretary shall have the final determination on the structure, membership, and scope of review of a third-party evaluator team. In establishing the membership of a third-party evaluator team under subparagraph (A), the Secretary shall adhere to the following requirements: Not fewer than 5, but not greater than 9, individuals selected to serve on the third-party evaluator team shall have expertise in the following:
Science or academic background necessary to render an expert opinion on the scientific studies and related materials submitted for review under paragraphs
(5)and (6)(C) of subsection (b). Ability to provide economic analysis and economic impacts of a threatened or endangered species listing on local and regional economies, with a particular expertise on impacts on private landowners and small businesses. Voluntary conservation partnerships. Natural resource-related industries, including oil and gas, mining, forestry, ranching, agriculture, and grazing. No current or former employee of the Service shall be eligible to serve on the third-party evaluator team. The Chair of a third-party evaluator team shall be determined by the members of the third-party evaluator team. Not later than 10 days before the date on which a third-party evaluator team has its first meeting, the Secretary shall publish, by Secretarial Order in the Federal Register, the structure, membership, and scope of review of the third-party evaluator team. A third-party evaluator team shall determine the process for reviewing documents, requesting information, drafting the final report under subsection (b)(7), and other related actions. Each member of a third-party evaluator team shall have an equal vote. A determination on proceeding by a third-party evaluator team shall be by majority vote. For purposes of preparing and submitting a final report and determination under subsection (b)(7), 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 terminated. 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 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the third-party evaluator team. A member of a third-party evaluator team shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the third-party evaluator team. Not later than 21 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 1973 ( 16 U.S.C. 1531 et seq. ), an established consortium may— submit to the Secretary a letter objecting to the proposed listing; and request that a third-party evaluator team be empaneled. On receipt of an objection letter from an established consortium under paragraph (1)(A), the Secretary shall cease all action with respect to the proposed listing. Not later than 45 days after the date on which the Secretary receives an objection letter from an established consortium under paragraph (1)(A), the Secretary shall refer the matter to the third-party evaluator team. Not later than 14 days after the date on which the Secretary refers an objection to the third-party evaluator team under paragraph (3), the third-party evaluator shall hold its first meeting. At such time and in such manner as the third-party evaluator team determines appropriate, the Service and the established consortium shall submit to the third-party evaluator team the scientific data, or any other material, that the Service and the established consortium, respectively, believes supports its position in opposition to, or support for, the proposed listing. Not later than 90 days after the date on which the third-party evaluator team receives the information submitted under paragraph (5), the third-party evaluator team— shall conduct an initial review of the assertions made by the Service and the established consortium; and may, as applicable, request additional information from— the Service or the established consortium; or outside parties, including the public, experts, or any other party, as determined by the third-party evaluator team. In conducting an initial review under subparagraph (A)(i), the third-party evaluator team shall consider, in addition to the information submitted under paragraph (5)— the current management plans in place for the applicable candidate species; opportunities for achieving, or continuing, protection of the applicable species through the current, or enhanced, voluntary conservation actions; the economic impacts of the proposed listing; and such other factors, as determined by the third-party evaluator team. If the third-party evaluator team requests additional information from the Service, the established consortium, or an outside party under subparagraph (A)(ii), the Service, established consortium, or outside party, as applicable, shall have 30 days to respond to that request. Not later than 180 days after the later of the date on which the third-party evaluator team conducts an initial review under subparagraph (A)(i) of paragraph
(6)and the date on which the third-party evaluator team receives additional information under subparagraph
(C)of that paragraph, the third-party evaluator team shall review the additional information, if applicable, and provide to the Secretary a final report that contains a binding determination describing whether the proposed listing shall— proceed; be terminated; or be remanded back to the Service for further action, in accordance with that determination. A final report submitted under subparagraph
(A)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 rendered. Any member of the third-party evaluator team that disagrees with the final report submitted under subparagraph
(A)may submit, to the Secretary in accordance with that subparagraph, a dissent. A determination made by the third-party evaluator team under paragraph (7)(A) shall constitute a final agency action (as defined in section 551 of title 5, United States Code).
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Sec. 3
Independent review of proposed listings
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