article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Sound Science for Endangered Species Act Planning Act of 2002''. SEC. 2. SOUND SCIENCE. (a) Best Scientific and Commercial Data Available as Basis of Determinations.--Section 4(b)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(1)(A)) is amended in the first sentence, by inserting ``, including any finding under paragraph (3)(B) on a petition referred to in paragraph (3)(A),'' after ``determinations required by subsection (a)(1)''. (b) Preference for Empirical, Field-Tested, and Peer-Reviewed Data.--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) In making any determination under this section, the Secretary shall give greater weight to any scientific or commercial study or other information that is empirical or has been field-tested or peer- reviewed.''. (c) Contents of Listing Petitions.-- (1) In general.--Section 4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)) is amended by adding at the end the following: ``(E) A petition referred to in subparagraph (A) regarding a species-- ``(i) shall, to the maximum extent practicable, contain clear and convincing evidence-- ``(I) of the current known and historic ranges of the species concerned; ``(II) of the most recent population estimates and trends for the species, if available; ``(III) that any change in the population that is alleged in the petition is beyond the natural range of fluctuations for the species; and ``(IV) of the reason that the petitioned action is warranted, including known or perceived threats to the species; ``(ii) shall include a bibliography of scientific literature on the species in support of the petition; and ``(iii) may contain any other information the petitioner considers appropriate. ``(F) For purposes of subparagraph (E), evidence is clear and convincing evidence if-- ``(i) a preponderance of the evidence is based on reliable scientific and commercial information; and ``(ii) the evidence is sufficient to support a firm belief by the Secretary that the petitioned action may be warranted.''. (2) Requirement for consideration of petition.--Section 4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)) is further amended-- (A) in subparagraph (A) in the first sentence, by inserting ``and contains the information required under clauses (i) and (ii) of subparagraph (E)'' after ``may be warranted''; and (B) in subparagraph (B) in the matter preceding clause (i), by inserting ``and contains the information required under clauses (i) and (ii) of subparagraph (E)'' after ``may be warranted''. (d) Use of Sound Science in Listing.--Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is further amended by adding at the end the following: ``(10) Not later than 1 year after the date of enactment of this paragraph, the Secretary shall promulgate regulations that establish criteria that must be met for scientific and commercial data, studies, and other information to be used as the basis of a determination under this section. ``(11)(A) The Secretary may not determine that a species is an endangered species or a threatened species unless data collected in the field on the species concerned supports the determination. ``(B) The Secretary shall-- ``(i) accept and acknowledge receipt of data regarding the status of a species that is collected by an owner of land, including data obtained by observation of the species on the land; and ``(ii) include the data in the rulemaking record compiled for any determination that the species is an endangered species or a threatened species.''. (e) Use of Sound Science in Recovery Planning.--Section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding at the end the following: ``(6)(A) The Secretary shall identify and publish in the Federal Register with the notice of a proposed regulation pursuant to paragraph (5)(A)(i) a description of additional scientific and commercial data that, if collected, would assist in the preparation of a recovery plan and-- ``(i) invite any person to submit the data to the Secretary; and ``(ii) describe the steps that the Secretary plans to take for acquiring additional data. ``(B) Data identified and obtained under subparagraph (A)(i) shall be considered by the recovery team and the Secretary in the preparation of the recovery plan.''. SEC. 3. INDEPENDENT SCIENTIFIC REVIEW. (a) In General.--Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended by adding at the end the following: ``(j) Independent Scientific Review Requirements.--(1) In this subsection: ``(A) The term `covered action' means-- ``(i) the determination that a species is an endangered species or a threatened species under subsection (a); ``(ii) the determination under subsection (a) that an endangered species or a threatened species be removed from any list published under subsection (c)(1); ``(iii) the development of a recovery plan for a threatened species or endangered species under subsection (f); ``(iv) the determination that a proposed action is likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat and the proposal of any reasonable and prudent alternatives by the Secretary under section 7(b)(3), if the Secretary finds that-- ``(I) there is significant disagreement regarding that determination or proposal; or ``(II) that determination or proposal may have significant economic impact; and ``(v) the determination that a proposed action is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat, if the Secretary finds that there is significant disagreement regarding that determination or proposal. ``(B) The term `qualified individual' means an individual who meets the standards of the National Academy of Sciences for independent scientific review conducted by the Academy, except that such term does not include any individual with a conflict of interest as determined by the Secretary or by a Governor who nominates the individual under paragraph (3)(B). ``(2) The Secretary shall-- ``(A) maintain a list of qualified individuals who are available to participate on independent review boards under this subsection; ``(B) seek nominations of individuals to participate on such boards (upon appointment by the Secretary), through the Federal Register, scientific and commercial journals, and the National Academy of Sciences and other such institutions; and ``(C) update such list every two years. ``(3)(A) Before any covered action becomes final, the Secretary shall appoint an independent review board in accordance with this section that shall review and report to the Secretary in writing on the scientific information and analyses on which the covered action is based. ``(B) Each independent review board under this paragraph shall be composed of 5 members, of which-- ``(i) 3 shall be appointed by the Secretary from the list under paragraph (2); and ``(ii) 2 shall be appointed by the Secretary from among qualified individuals nominated by the Governor of a State in which the species concerned is located. ``(C) If any individual declines appointment to an independent review board under this paragraph, the Secretary shall appoint another individual in the same manner. ``(D) The selection of the members, and the activities, of independent review boards under this paragraph are not subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(E) If funds are available, the Secretary shall provide compensation to an individual for service as a member of an independent review board under this paragraph, at a rate not to exceed the daily equivalent of the maximum annual rate of basic pay for grade GS-14 of the General Schedule for each day (including travel time) during which the individual is engaged in the actual performance of duties as a member of such board. ``(F) The Secretary may not delegate the authority to make appointments under this paragraph to any official who is below the level of the Director of the United States Fish and Wildlife Service or the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration. ``(4)(A) Each independent review board under this subsection shall provide to the Secretary, within 90 days after the completion of appointment of the board, the opinion of the board regarding all relevant scientific information and assumptions relating to the taxonomy, population models, and supportive biological and ecological information for the species in question. ``(B) The Secretary shall-- ``(i) develop a protocol for the conduct of scientific independent review under this subsection, that-- ``(I) includes review of the adequacy of any scientific methodology used to support an action and the validity of any conclusions drawn from data used to support an action; and ``(II) is modeled after applicable National Academy of Sciences policies and guidelines for report reviews; and ``(ii) provide to each independent review board established under this subsection clear guidelines as to the conduct of its review consistent with that protocol. ``(5) If an independent review board under this subsection makes a recommendation regarding a covered action, the Secretary shall, within 90 days after receiving the recommendation, evaluate and consider the information that results from the review by the board, and shall include in the rulemaking record for the covered action-- ``(A) a summary of the results of the review by the board; and ``(B) in a case in which the recommendation of a majority of the members of the board is not followed, an explanation of why the recommendation was not followed. ``(6) The report of each independent review board under this subsection shall be included in the rulemaking record of any regulation with respect to which the board is convened, and shall be available for public review for at least 30 days before the close of the period for comment on the regulation.''. (b) Biological Assessments.--Section 7(c) of the Endangered Species Act of 1973 (16 U.S.C. 1536(c)) is amended by adding at the end the following: ``(3) In preparing a biological assessment under this subsection, the head of an agency shall solicit and review any scientific and commercial data that a prospective permit or license applicant believes is relevant to the assessment, and shall make that data available to the Secretary.''. (c) Extension of Periods.--Section 4(b)(6) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(6)) is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i) by striking ``one-year'' and inserting ``18-month''; and (B) in clause (i)(III) by striking ``one-year'' and inserting ``18-month''; and (C) in clause (ii)(II) by striking ``one-year'' and inserting ``18-month''; (2) in subparagraph (B)-- (A) in clause (i) by striking ``one-year'' and inserting ``18-month''; (B) in clause (ii) by striking ``one-year'' and inserting ``18-month''; and (C) in clause (iii) by striking ``one-year'' and inserting ``18-month''; and (3) in subparagraph (C)(ii) by striking ``one-year'' and inserting ``18-month''. SEC. 4. IMPROVED INTERAGENCY COOPERATION. (a) Use of Information Provided by States.--Section 7(b)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by adding at the end the following: ``(C) In conducting a consultation under subsection (a)(2), the Secretary shall actively solicit and consider information from the State agency in each affected State.''. (b) Opportunity To Participate in Consultations.--Section 7(b)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as amended by subsection (a)) is further amended by adding at the end the following: ``(D)(i) In conducting a consultation with a Federal agency under subsection (a)(2), the Secretary and the head of the agency shall provide any person who has sought authorization or funding from a Federal agency for an action that is the subject of the consultation, the opportunity to-- ``(I) before the development of a draft biological opinion, submit and discuss with the Secretary and the Federal agency information relevant to the effect of the proposed action on the species and reasonable and prudent alternatives that the Federal agency and the person can take to avoid violation of subsection (a)(2), including any such alternatives proposed by the person; ``(II) receive information, on request, subject to the exemptions specified in section 552(b) of title 5, United States Code, on the status of the species, threats to the species, and conservation measures, used by the Secretary to develop the draft biological opinion and the final biological opinion, including any associated incidental taking statements; and ``(III) receive a copy of the draft biological opinion from the Federal agency and, before issuance of the final biological opinion, submit comments on the draft biological opinion and discuss with the Secretary and the Federal agency the basis for any finding in the draft biological opinion. ``(ii) If alternatives are proposed by a person under clause (i) and the Secretary does not include the alternatives in the final biological opinion, the Secretary shall provide to the person reasonable justification, based on the best scientific and commercial data available, why those alternatives were not included in the opinion. ``(iii) Comments and other information submitted to, or received from, any person (pursuant to clause (i)) who seeks authorization or funding for an action shall be maintained in a file for that action by the Secretary and shall be made available to the public (subject to the exemptions specified in section 552(b) of title 5, United States Code).''.
summary: Sound Science for Endangered Species Act Planning Act of 2002 - Amends the Endangered Species Act of 1973 to require the use of the best scientific and commercial data available as a basis of determinations on a petition to add or remove a species from the endangered species list. Directs the Secretary of the Interior to give greater weight to any scientific or commercial study or other information that is empirical or has been field-tested or peer-reviewed.Requires that a petition regarding a species contain clear and convincing evidence of the current and historic ranges of the species concerned, of the most recent population estimates and trends for the species, that any alleged change in the population is beyond the natural range of fluctuations, and of the reason that the petitioned action is warranted.Directs the Secretary to: (1) promulgate regulations that establish criteria that must be met for scientific and commercial information to be used as the basis of a determination to support listing a species; and (2) identify and publish in the Federal Register with notice of a proposed regulation a description of additional scientific and commercial data that would assist in the preparation of a recovery plan. Prohibits the Secretary from determining that a species is endangered or threatened unless field data collected supports the determination.Defines "covered action" to include: (1) additions to or removals from the lists of endangered or threatened species; (2) a recovery plan; and (3) a determination that a proposed action is or is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat.Requires the Secretary to: (1) appoint an independent review board to review and report on the scientific information and analyses on which a covered action is based before such covered action becomes final; and (2) provide specified participation opportunities to any person who has sought authorization or funding from a Federal agency for an action that is subject to consultation regarding its effects on endangered or threatened species or habitats.Extends the Secretary's review period for covered actions from one year to 18 months.