[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2729 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2729

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.


_______________________________________________________________________


                   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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 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).''.
                                 <all>