[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2098 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2098

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 HOUSE OF REPRESENTATIVES

                             April 29, 2015

  Mr. Crawford (for himself, Mr. Womack, Mr. Westerman, and Mr. Hill) 
 introduced the following bill; which was referred to the Committee on 
                           Natural Resources

_______________________________________________________________________

                                 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 ``Common Sense in Species Protection 
Act of 2015''.

SEC. 2. DRAFT ECONOMIC ANALYSIS FOR CRITICAL HABITAT DESIGNATION.

    (a) In General.--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 analysis.--
                            ``(i) Requirement.--At the time a proposed 
                        rule to designate critical habitat is 
                        published, the Secretary shall publish and make 
                        available for public comment a draft analysis 
                        that--
                                    ``(I) examines the incremental and 
                                cumulative economic effects of all 
                                actions to protect the species and its 
                                habitat (including the effects of the 
                                proposed designation) upon each State 
                                and locality that is the subject of, or 
                                affected by, the proposed designation;
                                    ``(II) includes consideration of 
                                public and private economic effects 
                                on--
                                            ``(aa) possible uses of 
                                        land and property values;
                                            ``(bb) the provision of 
                                        water, power, or other public 
                                        services;
                                            ``(cc) employment; and
                                            ``(dd) 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;
                                    ``(III) complies with the 
                                guidelines issued pursuant to section 
                                515 of the Treasury and General 
                                Government Appropriations Act of 2001 
                                (114 Stat. 2763A-153); and
                                    ``(IV) assesses such effects on a 
                                quantitative and qualitative basis.
                            ``(ii) Determination factors not 
                        affected.--Nothing in clause (i) shall be 
                        construed as adding to, subtracting from, or 
                        otherwise modifying the factors set forth in 
                        subsection (a)(1) or the bases set forth in 
                        paragraph (1) of this subsection''.
    (b) Application.--
            (1) In general.--The amendments made by subsection (a) 
        shall apply with respect to any designation of critical habitat 
        under such Act on or after August 28, 2013.
            (2) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary (as that term is defined 
        in such Act) shall submit a report to the Congress describing 
        the effect of paragraph (1).
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