text: 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.''.
target: 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.
feat_title: To amend the Endangered Species Act of 1973 to require the Secretary of the Interior to use the best sound science available in implementing the Endangered Species Act.