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H. Rept. 107-751 1 (2002-10-15)

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U.S. GOVERNMENT
INFORMATION
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                     107TH CONGRESS                                          REPORT
                        2d Session     HOUSE OF REPRESENTATIVES              107-751






                          SOUND SCIENCE FOR ENDANGERED SPECIES ACT
                                          PLANNING ACT OF 2002




                     OCTOBER 15, 2002.-Committed to the Committee of the Whole House on the State
                                       of the Union and ordered to be printed



                               Mr. HANSEN, from the Committee on Resources,
                                           submitted the following


                                              REPORT

                                                together with

                                            DISSENTING VIEWS

                                            [To accompany H.R. 4840]

                       The Committee on Resources, to whom was referred the bill
                     (H.R. 4840) to amend the Endangered Species Act of 1973 to en-
                     sure the use of sound science in the implementation of that Act,
                     having considered the same, report favorably thereon with an
                     amendment and recommend that the bill as amended do pass.
                       The amendment is as follows:
                       Strike all after the enacting clause and insert the following:
                     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 DETERMINA-
                     TIONS.-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 deter-
                     minations required by subsection (a)(1).
                     (b) PREFERENCE FOR EMPIRICAL, FIELD-TESTED, AND PEER-REVIEWED DATA.-Sec-
                     tion 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 em-
                     pirical 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-
                        19-006

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