text: 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).''.
target: 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.
feat_title: To amend the Endangered Species Act of 1973 to ensure the use of sound science in the implementation of that Act.