113 S2729 IS: Private Landowner Protection Act of 2014 U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II 113th CONGRESS2d Session S. 2729 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Pryor (for himself and Mr. Boozman) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Endangered Species Act of 1973 to require the Secretary of the Interior to publish and make available for public comment a draft economic analysis at the time a proposed rule to designate critical habitat is published.

1.

Short title

This Act may be cited as the Private Landowner Protection Act of 2014.

2.

Draft economic analysis for critical habitat designation

Section 4(b)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(2)) is amended—(1)in the first sentence, by striking (2) The Secretary shall and inserting the following:(2)

Critical habitat designation

(A)

In general

The Secretary shall;(2)in the second sentence, by striking The Secretary may and inserting the following:(B)

Exclusions

The Secretary shall; and(3)by adding at the end the following:(C)

Draft economic impact analysis

(i)

In general

At the time a proposed rule to designate critical habitat for a species is published, the Secretary shall publish and make available for public comment an analysis that—(I)examines the public and private economic effects of all actions that are related to a critical habitat designation or the protection of the species, including, at a minimum, any effects on—(aa)land use;(bb)property values;(cc)the provision of water, power, and other public services;(dd)employment;(ee)revenues available for State and local governments, including a political subdivision of a State that directly or indirectly provides public services, school districts, and any other instrumentality of a State; and(ff)authorizations or approvals necessitating a consultation under section 7;(II)is quantitative and qualitative; and(III)examines—(aa)the incremental effects of the critical habitat designation; and(bb)the cumulative economic effects of both the critical habitat designation and the listing determination made under subsection (a)(1).(ii)

Determination factors not affected

Nothing in clause (i)—(I)shall affect the determination to list a species under subsection (a)(1); or(II)adds to or subtracts from, or otherwise modifies, the bases described in paragraph (1) or the factors described in subsection (a)(1).(iii)

Effective date

(I)

In general

Clause (i) shall apply to any critical habitat designation proposed or promulgated on or after October 30, 2013.(II)

Reopening of finalized designations

Not later than 30 days after the date of enactment of this clause, any critical habitat designation finalized on or after October 30, 2013, shall be reopened to provide adequate time for compliance with clause (i)..