H.R. 106 — LIST Act of 2025

This section establishes the short title of the Act as the “Less Imprecision in Species Treatment Act of 2025” or the “LIST Act of 2025.”

This section requires the Secretary of the Interior to initiate delisting procedures under the Endangered Species Act of 1973 when a species’ recovery plan goals have been met or, if no recovery plan exists, when the Secretary determines the species has recovered sufficiently to no longer need the Act’s protections. It also directs the Secretary to remove a species from the endangered or threatened species lists if the Department of the Interior has produced or received substantial scientific or commercial information demonstrating that the species is recovered or has met its recovery goals. For species removed under this authority, the required publication and notice would consist only of notice of the removal. This section also requires the Secretary, not later than 90 days after receiving or producing information showing that a species was listed based on inaccurate, fraudulent, or misrepresentative scientific or commercial information, to make a finding on whether the species would likely not have been listed absent that information. If the Secretary makes a positive finding, the Secretary must remove the species from the list and publish notice in the Federal Register. A positive finding is not subject to judicial review, while a negative finding is subject to judicial review. The section further bars a person who knowingly submitted such information from being treated as an interested person for 10 years after the finding with respect to any later petition submitted by that person.

This section revises the 5-year review process under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)) by requiring each determination under 16 U.S.C. 1533(c)(2)(B) to consider: (1) the recovery-plan criteria under 16 U.S.C. 1533(f)(1)(B), except that if objective, measurable criteria under 16 U.S.C. 1533(f)(1)(B)(ii) have not been established, the Secretary must instead consider the listing factors in 16 U.S.C. 1533(a)(1) and 1533(b)(1); (2) a finding that the original determination that the species is endangered, threatened, or extinct was erroneous; and (3) a determination that the species is no longer endangered, threatened, or in danger of extinction based on the same factors used for listing.