HR 180 · 119th CongressIn Committee

Endangered Species Transparency and Reasonableness Act of 2025

Latest updateJul 16, 2025

Referred to the Subcommittee on Water, Wildlife and Fisheries.

Environmental Protection

Sponsor

Tom McClintock

Introduced

January 3, 2025

Latest action

July 22, 2025

Legislative Progress

How far this bill has traveled through Congress

Introduced

Bill filed in chamber

Committee

Reviewed & reported

Passed Chamber

House or Senate vote

Passed Both

House & Senate agree

President

Sent to White House

Enacted

Signed into law

Introduced

Bill filed in chamber

Committee

Reviewed & reported

Passed Chamber

House or Senate vote

Passed Both

House & Senate agree

President

Sent to White House

Enacted

Signed into law

Latest Action

Subcommittee Hearings Held

Plain-Language Summary

AI Generated

The Endangered Species Act of 1973 currently requires the Department of the Interior and Department of Commerce to make listing decisions for endangered and threatened species based on the best scientific and commercial data available. However, the scientific basis for these determinations is not systematically published online, making it difficult for states, tribes, local governments, and the public to understand how species are classified. Additionally, federal expenditures on litigation related to the Endangered Species Act are not comprehensively tracked or disclosed, leaving gaps in public accountability for how resources are spent defending or implementing species protections.

This bill requires the Department of the Interior, in consultation with the Department of Commerce, to publish online the scientific and commercial data underlying each species listing decision, subject to state privacy laws and Department of Defense security agreements. The bill also expands the definition of "best scientific and commercial data available" to explicitly include information submitted by state, tribal, and county governments. Additionally, the bill requires the Department of the Interior to submit annual reports to Congress and maintain a searchable public database detailing federal expenditures on Endangered Species Act litigation, including case details, agency costs, attorney fees, and employee time spent on covered suits across the Department of the Interior, Forest Service, Environmental Protection Agency, National Marine Fisheries Service, and power administrations.

Implementation begins within 90 days of enactment for the first annual expenditure report, with the searchable database updated monthly thereafter. The bill uses existing agency budgets to fund these disclosure requirements. The changes affect how federal agencies document and justify species listings, potentially increasing state and tribal input into listing decisions and enabling public scrutiny of litigation spending. The disclosure of attorney fees and settlement details—even in sealed agreements—may influence settlement negotiations and litigation strategy, though the bill preserves confidentiality restrictions already in place within consent decrees.

Key Provisions

1Requires the Department of the Interior to publish online the scientific basis for each endangered and threatened species listing decision, except where states prohibit disclosure or Department of Defense classified information is involved.
2Expands the definition of best scientific and commercial data to explicitly include all information submitted by state, tribal, and county governments in species listing determinations.
3Mandates that the Department of the Interior provide affected states with all data underlying listing determinations before making final decisions, establishing a consultation requirement.
4Requires the Department of the Interior to submit annual reports to Congress and maintain a searchable public database detailing federal expenditures on Endangered Species Act litigation, including case names, agency costs, attorney fees, and employee time.
5Amends the award of litigation costs to prevailing parties to comply with federal fee-shifting statutes rather than any other standard, clarifying the legal basis for attorney fee awards.

★ Why this matters

Public access to the scientific data behind species listings enables stakeholders to evaluate whether decisions are based on current evidence and to challenge listings through informed debate. Comprehensive tracking of litigation spending reveals how federal resources are allocated across agencies and cases, potentially identifying cost drivers and settlement patterns. The explicit inclusion of state and tribal data in listing decisions may shift how species are classified and could reduce conflicts between federal and state wildlife management.

● Who this affects

State fish and wildlife agencies and state legislatures will gain earlier access to listing data and expanded influence over species determinations. Tribal governments and county governments will see their scientific submissions formally recognized in federal decisions. Environmental organizations and property rights groups litigating under the Endangered Species Act will face greater transparency around opposing parties' litigation costs and attorney fees. Federal agencies including the Department of the Interior, Forest Service, Environmental Protection Agency, and National Marine Fisheries Service will incur administrative costs to compile and publish expenditure data. The general public gains searchable access to litigation spending and species listing rationales.

Bill Text

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<DOC>

119th CONGRESS
  1st Session
                                H. R. 180

 To amend the Endangered Species Act of 1973 to require publication on 
     the internet of the basis for determinations that species are 
   endangered species or threatened species, and for other purposes.

                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2025

Mr. McClintock introduced the following bill; which was referred to the 
                     Committee on Natural Resources

                                 A BILL

 
 To amend the Endangered Species Act of 1973 to require publication on 
     the internet of the basis for determinations that species are 
   endangered species or threatened species, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Endangered Species Transparency and 
Reasonableness Act of 2025''.

SEC. 2. REQUIREMENT TO PUBLISH ON THE INTERNET THE BASIS FOR LISTINGS.

    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) The Secretary shall make publicly available on the internet 
the best scientific and commercial data available that are the basis 
for each regulation, including each proposed regulation, promulgated 
under subsection (a)(1), except that--
            ``(A) at the request of a Governor, State agency, or 
        legislature of a State, the Secretary shall not make 
        information available under this paragraph if such State 
        determines that public disclosure of such information is 
        prohibited by a law or regulation of such State, including any 
        law or regulation requiring the protection of personal 
        information; and
            ``(B) within 30 days after the date of the enactment of 
        this paragraph, the Secretary shall execute an agreement with 
        the Secretary of Defense that prevents the disclosure of 
        classified information pertaining to Department of Defense 
        personnel, facilities, lands, or waters.''.

SEC. 3. DECISIONAL TRANSPARENCY AND USE OF STATE, TRIBAL, AND LOCAL 
              INFORMATION.

    (a) 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)''.
    (b) Ensuring Use of State, Tribal, and Local Information.--Sect…

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Alma Adams

D-North Carolina · District 12

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Endangered Species Transparency and Reasonableness Act of 2025

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Endangered Species Transparency and Reasonableness Act of 2025

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● Who this affects

Bill Text

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