text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Less Imprecision in Species 
  Treatment Act of 2018'' or the ``LIST Act of 2018''.
  
  SEC. 2. REQUIREMENT TO INITIATE DELISTING.
  
      (a) Requirement in Case of Recovery.--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)(A) The Secretary shall initiate the procedures in accordance 
  with subsection (a)(1) to remove a species from a list published under 
  subsection (c) if--
              ``(i) the goals of a recovery plan for the species 
          developed under subsection (f) have been met; or
              ``(ii) the goals for recovery of the species have not been 
          developed under subsection (f), and the Secretary determines 
          that the species has recovered sufficiently to no longer 
          require the protection of the Act.
      ``(B) Notwithstanding the requirement of subsection (c)(2) that 
  each determination under subparagraph (B) of that subsection shall be 
  made in accordance with the provisions of subsections (a) and (b), the 
  Secretary shall remove a species from any list published under 
  subsection (c) if the Department of the Interior has produced or 
  received substantial scientific or commercial information demonstrating 
  that the species is recovered or that recovery goals set for the 
  species under subsection (f) have been met.
      ``(C) In the case of a species removed under subparagraph (A) from 
  a list published under subsection (c), the publication and notice under 
  subsection (b)(5) shall consist solely of a notice of such removal.''.
      (b) Requirement in Case Erroneously or Wrongfully Listed.--Section 
  4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)), as 
  amended by subsection (a), is further amended by adding at the end the 
  following:
      ``(H)(i) Not later than 90 days after the date the Department of 
  the Interior receives or produces under this subsection information 
  described in clause (ii) regarding a species included in a list under 
  subsection (c), the Secretary shall to the maximum extent practicable 
  find whether the inclusion of such species in such list was less than 
  likely to have occurred in the absence of the scientific or commercial 
  information referred to in clause (ii).
      ``(ii) Information referred to in clause (i) is any information 
  demonstrating that the listing was determined on the basis of 
  scientific or commercial information available to, or received or 
  produced by, the Department under paragraphs (1) and (3) of subsection 
  (b) that at the time the scientific or commercial information was 
  available to or received or produced by the Department it was--
              ``(I) inaccurate beyond scientifically reasonable margins 
          of error;
              ``(II) fraudulent; or
              ``(III) misrepresentative.
      ``(iii) Notwithstanding the requirement under subsection (c)(2)(B) 
  that each determination under subparagraph (B) shall be made in 
  accordance with the provisions of subsections (a) and (b), the 
  Secretary shall--
              ``(I) remove from any list published under subsection (c) 
          any species for which a positive finding is made under clause 
          (i); and
              ``(II) promptly publish in the Federal Register notice of 
          such finding that includes such information as was received or 
          produced by the Department under such clause.
      ``(iv) Any positive finding by the Secretary under clause (i) shall 
  not be subject to judicial review.
      ``(v) Any negative finding by the Secretary under clause (i) shall 
  be subject to judicial review.
      ``(vi) In the case of a species removed under clause (iii) from a 
  list, the publication and notice under subsection (b)(5) shall consist 
  solely of a notice of such removal.
      ``(vii) If the Secretary finds that a person submitted a petition 
  that is the subject of a positive finding under clause (i) knowing that 
  it contained scientific or commercial information described in clause 
  (ii), then during the 10-year period beginning on the date of the 
  finding under this clause the person shall not be considered an 
  interested person for purposes of subparagraph (A) with respect to any 
  petition submitted by the person after the date the person submitted 
  such scientific or commercial information.''.
  
  SEC. 3. EXPANDED CONSIDERATION DURING FIVE-YEAR REVIEW.
  
      Section 4(c) (16 U.S.C. 1533(c)) is amended by adding at the end 
  the following:
      ``(3) Each determination under paragraph (2)(B) shall consider one 
  of the following:
              ``(A) Except as provided in subparagraph (B) of this 
          paragraph, the criteria required under subsection (f)(1)(B) in 
          the recovery plan for the species.
              ``(B) If the objective, measurable criteria under 
          subsection (f)(1)(B)(ii) are not established, the factors for 
          the determination that a species is an endangered species or a 
          threatened species set forth in subsections (a)(1) and (b)(1).
              ``(C) A finding of error in the determination that the 
          species is an endangered species, a threatened species, or 
          extinct.
              ``(D) A determination that the species is no longer an 
          endangered species or threatened species or in danger of 
          extinction, based on an analysis of the factors that are the 
          basis for listing in subsections (a)(1) and (b)(1).''.
target: Less Imprecision in Species Treatment Act of 2018 or the LIST Act of 2018 This bill amends the Endangered Species Act of 1973 to revise the process for removing a species from the endangered or threatened species lists. The Department of the Interior or the Department of Commerce, as appropriate, must remove a species from the endangered or threatened species lists if Interior produces or receives substantial scientific or commercial information demonstrating that the species is recovered or that recovery goals set for the species have been met. The publication and notice of a proposed regulation to remove a species from the lists must consist solely of a notice of the removal. The bill establishes a process for removing species from the lists if they were erroneously or wrongfully listed. The bill prohibits a person from submitting a petition to list a species as a threatened or endangered species for 10 years if the person knowingly submitted a petition with information that was inaccurate beyond scientifically reasonable margins of error, fraudulent, or misrepresentative.
feat_title: Less Imprecision in Species Treatment Act of 2018