Summary

Requires federal agencies to publish the underlying scientific and commercial data used to make or propose Endangered Species Act (ESA) listing and regulatory decisions, and to share that data with affected States, Tribes, and counties before final determinations. Creates a public, searchable database and an annual report disclosing federal litigation and administrative fee awards under the ESA, and makes awards of litigation costs subject to the procedures and limits of the Equal Access to Justice Act and the APA fee provision.

• Agencies must publish online the scientific and commercial data used for ESA regulations and proposed regulations.
• Affected States, Tribes, and counties must receive data underlying ESA determinations before those determinations are finalized.
• Federal agencies must maintain a publicly searchable database and annual report disclosing federal expenditures and awards related to ESA litigation and administrative fee awards.
• Two nondisclosure exceptions: state-law-protected information and DoD-classified information controlled by a required DoD agreement within 30 days.
• Awards of litigation costs under the ESA are made under EAJA (28 U.S.C. §2412) and the APA fee provision (5 U.S.C. §504) instead of the ESA's prior standalone language.
• No specific new federal funding is provided; agencies are required to compile and publish data and reports without appropriations in the text.
• The bill explicitly incorporates data submitted by State, Tribal, and county governments into the statutory definition of the relevant ESA data term.
• Reporting requirements cover many Interior agencies, the Forest Service, EPA, NOAA (NMFS), and several federal Power Administrations.