II 115th CONGRESS 1st Session S. 735 IN THE SENATE OF THE UNITED STATES March 27, 2017 Mr. Enzi (for himself, Mr. Barrasso , Mr. Heller , and Mr. Roberts ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Endangered Species Act of 1973 to require disclosure to States of the basis of determinations under such Act, to ensure use of information provided by State, tribal, and county governments in decisionmaking under such Act, and for other purposes.

1. Short title This Act may be cited as the State, Tribal, and Local Species Transparency and Recovery Act . 2. 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) . 3. Ensuring use of State, tribal, and local information (a) In general Section 3 of the Endangered Species Act of 1973 ( 16 U.S.C. 1532 ) is amended— (1) by redesignating paragraphs (2) through (21) as paragraphs (3) through (22), 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. . (b) Conforming amendment Section 7(n) of such Act ( 16 U.S.C. 1536(n) ) is amended by striking section 3(13) and inserting section 3(14) .