article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Sound Science Saves Species Act of 2002''. SEC. 2. AMENDMENT OF ENDANGERED SPECIES ACT OF 1973. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 3. IMPROVING THE SCIENCE USED IN IMPLEMENTING ENDANGERED SPECIES ACT OF 1973. (a) Contents of Petitions.--Section 4(b)(3) (16 U.S.C. 1533(b)(3)) is amended by adding at the end the following: ``(E) A petition referred to in subparagraph (A) shall contain each of the following: ``(i) Clear and convincing evidence of each of the following: ``(I) The known and historic ranges of the species. ``(II) The most recent population estimates and trends. ``(III) The reason that the petitioned action is warranted, including known or perceived threats to the species. ``(IV) The population of the species is declining or has declined from historic population levels and beyond normal population fluctuations for the species. ``(V) Any other information that the petitioner considers appropriate. ``(ii) A bibliography of scientific literature on the species in support of the petition. ``(iii) A description of all available data on the historical and current range, population, and distribution of the species, an explanation of the methodology used to collect the data, and an identification of the location where the data can be reviewed.''. (b) Notice of Petitions.--Section 4(b)(3) (16 U.S.C. 1533(b)(3)) is amended by striking ``(3)(A)'' and inserting the following: ``(3)(A)(i) Within 30 days after receiving a petition from an interested person under section 553(e) of title 5, United States Code, to add a species to, or to remove a species from, either list published under subsection (c), the Secretary shall-- ``(I) publish in the Federal Register a notice indicating receipt of such petition and inviting interested persons to submit any relevant scientific information regarding the status of the species concerned; ``(II) promptly publish the petition on the Internet website of the United States Fish and Wildlife Service; ``(III) provide notice of such receipt to each private owner of land or water on or in which the species may exist by publication of such notice in an appropriate newspaper of general circulation, except that such notice shall be provided directly to each such owner if the number of such owners is 100 or less; and ``(IV) notify the Governor of each State that could be affected by the petition. ``(ii)''. (c) Independent Review of Petitions and Findings Regarding Petitions.--Section 4(b) (16 U.S.C. 1533(b)) is amended by adding at the end the following: ``(9)(A)(i) After the Secretary makes a finding under paragraph (3)(A) the Secretary shall appoint and convene an independent review board to conduct an independent scientific review of the data included in the petition. ``(ii) Within 60 days after the date the Secretary convenes the independent review board, the board shall provide to the Secretary its findings regarding the following: ``(I) The sufficiency of all relevant scientific information and assumptions in the petition relating to the taxonomy, population models, and supportive biological and ecological information regarding the species that is the subject of the petition. ``(II) Whether the methodology and analysis supporting the petition meet the standards of the academic and scientific community. ``(III) Whether the petition is supported by clear and convincing evidence/provides clear and convincing evidence that the petitioned action may be warranted? see section 4(b)(3)(B) of ESA. ``(IV) Whether the review board concurs in the finding of the Secretary under paragraph (3)(A). ``(B)(i) If, within 30 days after the Secretary publishes a finding under paragraph (3)(B)(ii) or (iii), any person submits to the Secretary in writing a request for an independent scientific review of the data upon which such finding is based, the Secretary shall appoint and convene an independent review board to conduct such review. ``(ii) Within 90 days after the date the Secretary convenes the independent review board, the board shall provide to the Secretary its findings regarding the following: ``(I) The sufficiency of all relevant scientific information and assumptions that are the basis for the finding relating to the taxonomy, population models, and supportive biological and ecological information regarding the species that is the subject of the finding. ``(II) Whether the methodology and analysis supporting the finding meet the standards of the academic and scientific community. ``(III) Whether the finding is supported by clear and convincing evidence. ``(IV) Whether the review board concurs in the finding of the Secretary under paragraph (3)(B)(ii) or (iii), as applicable. ``(C) The Secretary shall-- ``(i) publish in the Federal Register each finding by an independent review board under subparagraph (A) or (B); ``(ii) post each such finding on the Internet website of the United States Fish and Wildlife Service; and ``(iii) otherwise make each such finding available to the public. ``(D) If an independent review board finds under subparagraph (A) or (B) that it does not concur in the finding of the Secretary, the Secretary shall-- ``(i) revoke the finding of the Secretary; or ``(ii) publish in the Federal Register an explanation of why the finding of the review board is incorrect, with clear and convincing evidence supporting such explanation. ``(E) The Secretary shall-- ``(i) maintain a list of individuals who are available to participate on independent review boards under this paragraph; ``(ii) 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 ``(iii) update such list every two years. ``(F)(i) An independent review board under subparagraph (A) shall be composed of 3 members, of which-- ``(I) 2 shall be appointed by the Secretary from the list under subparagraph (E); and ``(II) 1 shall be appointed by the Secretary from among qualified individuals nominated by the Governor of a State in which the species concerned is located. ``(ii) An independent review board under subparagraph (B) shall be composed of 5 members, of which-- ``(I) 3 shall be appointed by the Secretary from the list under subparagraph (E); 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. ``(iii) If any individual declines appointment to an independent review board under this paragraph, the Secretary shall appoint another individual in the same manner. ``(iv) The selection of the members, and activities, of independent review boards under this paragraph is not subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(v) The identities of the members of independent review boards under this paragraph shall not be made public. ``(vi) The Secretary shall provide compensation to an individual for service as a member of an independent review board under this paragraph, at a rate equal to not to exceed the daily equivalent of the maximum annual rate of basic pay for grade GS-12 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. ``(vii) In this subparagraph, the term `qualified individual' means an individual with expertise in the biological sciences-- ``(I) who is by virtue of advanced education, training, or avocational, academic, commercial, research, or other experience competent to review the adequacy of any scientific methodology supporting a finding by the Secretary and the validity of any conclusions drawn from data used to support the finding; ``(II) who is not a participant in any petition or proposed or final determination before the Secretary; ``(III) who is not, and has not been, employed by or under contract to the Secretary or the State in which is located the species that is the subject of an independent scientific review in which the individual participates, for work related to the finding or species under consideration in such review; and ``(V) who has no direct financial interest, and is not employed by any person with a direct financial interest, in the finding under consideration in such review. ``(G) The Secretary shall publish, with any final regulation implementing an action with respect to which an independent scientific review board is required under this paragraph to be convened, a summary of the report of the independent review board, noting points of disagreement between the reviewers, if any, and the response of the Secretary to the report. ``(H) The report of each independent scientific review board required under this paragraph shall be included in the official record of any regulation with respect to which the board is convened and shall be available for public review 30 days before the close of the period for comment on the regulation.''. (d) Independent Review of Jeopardy Opinions.--Section 7(b) (16 U.S.C. 1536(b)) is amended by adding at the end the following: ``(5)(A)(i) Within 30 days after the date on which the Secretary issues a statement under paragraph (3) that a proposed action is likely to jeopardize the continued existence of a species included in a list under section 4(c), any person may submit to the Secretary a written request for an independent scientific review of the scientific information used in making such statement and any reasonable and prudent measures the Secretary proposes in the statement. ``(ii) Promptly after receiving such a request, the Secretary shall appoint and convene an independent review board to conduct such an independent scientific review. ``(B) Within 90 days after the date the Secretary convenes the independent review board, the board shall provide to the Secretary its findings regarding the following: ``(I) The sufficiency of all relevant scientific information and assumptions in such statement relating to the taxonomy, population models, and supportive biological and ecological information regarding the species that is the subject of the statement. ``(II) Whether the methodology and analysis supporting the statement meet the standards of the academic and scientific community. ``(III) Whether the statement is supported by clear and convincing evidence. ``(IV) Whether the review board concurs in the statement. ``(C) The Secretary shall-- ``(i) publish in the Federal Register each finding by an independent review board under subparagraph (A) or (B); ``(ii) post each such finding on the Internet website of the United States Fish and Wildlife Service; and ``(iii) otherwise make each such finding available to the public. ``(D) If an independent review board finds under subparagraph (B) that it does not concur in the statement of the Secretary, the Secretary shall-- ``(i) revoke the statement; or ``(ii) publish in the Federal Register an explanation of why the finding of the review board is incorrect, with clear and convincing evidence supporting such explanation. ``(E) The Secretary shall-- ``(i) maintain a list of individuals who are available to participate on independent review boards under this paragraph; ``(ii) 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 ``(iii) update such list every two years. ``(F)(i) An independent review board under subparagraph (A) shall be composed of 5 members, of which-- ``(I) 3 shall be appointed by the Secretary from the list under subparagraph (E); 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. ``(ii) If any individual declines appointment to an independent review board under this paragraph, the Secretary shall appoint another individual in the same manner. ``(iii) The selection of the members, and activities, of independent review boards under this paragraph is not subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(iv) The identities of the members of independent review boards under this paragraph shall not be made public. ``(v) The Secretary shall provide compensation to an individual for service as a member of an independent review board under this paragraph, at a rate equal to not to exceed the daily equivalent of the maximum annual rate of basic pay for grade GS-12 of the General Schedule level for each day (including travel time) during which the individual is engaged in the actual performance of duties as a member of such board. ``(vi) In this subparagraph, the term `qualified individual' means an individual with expertise in the biological sciences-- ``(I) who is by virtue of advanced education, training, or avocational, academic, commercial, research, or other experience competent to review the adequacy of any scientific methodology supporting a statement by the Secretary and the validity of any conclusions drawn from data used to support the statement; ``(II) who is not a participant in any petition or proposed or final determination before the Secretary; ``(III) who is not, and has not been, employed by or under contract to the Secretary or the State in which is located the species that is the subject of an independent scientific review in which the individual participates, for work related to a statement or species under consideration in such review; and ``(V) who has no direct financial interest, and is not employed by any person with a direct financial interest, in any statement under consideration in such review.''. ``(G) The Secretary shall publish, with any final regulation implementing an action with respect to which an independent scientific review board is required under this paragraph to be convened, a summary of the report of the independent review board, noting points of disagreement between the reviewers, if any, and the response of the Secretary to the report. ``(H) The report of each independent scientific review board required under this paragraph shall be included in the official record of any regulation with respect to which the board is convened and shall be available for public review 30 days before the close of the period for comment on the regulation.''. (e) Limitation on Re-Petition.--Secretary 4(b)(3) (16 U.S.C. 1533(b)(3)) is further amended by adding at the end the following: ``(G) If the Secretary determines pursuant to a petition that addition of a species to either of the lists under subsection (c) is not warranted, another petition regarding that species may not be considered by the Secretary for one year.''.
summary: Sound Science Saves Species Act of 2002 - Amends the Endangered Species Act of 1973 to require a petition to add or remove a species from either the endangered or threatened species list to contain: (1) evidence of the species' known and historic ranges, the most recent population estimates and trends, and the reason that the petitioned action is warranted, including known or perceived threats; (2) a bibliography of scientific literature on the species; and (3) a description of all available data on the species' historical and current range, population, and distribution, an explanation of the methodology used to collect such data, and an identification of the location where it can be reviewed.Requires the Secretary to make specified notifications after receiving such a petition.Sets forth requirements for the independent scientific review of petitions and findings regarding petitions and jeopardy opinions.Limits re-petitions for adding to such lists.