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103D CONGRESS

2D SESSION H. R. 3997

To amend the Endangered Species Act of 1973 to require the preparation

of economic impact analyses with respect to certain actions to protect

endangered species and threatened species, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 10, 1994

Mr. DOOLITTLE introduced the following bill; which was referred to the

Committee on Merchant Marine and Fisheries

A BILL

To amend the Endangered Species Act of 1973 to require

the preparation of economic impact analyses with respect

to certain actions to protect endangered species and

threatened species, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Balanced Economic

5 and Environmental Priorities Act of 1994’’.
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1 SEC. 2. ECONOMIC IMPACT ANALYSES.

2 Section 4 of the Endangered Species Act of 1973 (16

3 U.S.C. 1533) is amended by adding at the end the

4 following:

5 ‘‘(j) ECONOMIC IMPACT ANALYSIS.—(1)(A) Notwith6 standing any other provision of this Act, an officer or em7 ployee of a Federal agency shall not implement or enforce

8 a designation, regulation, or recovery plan described in

9 subparagraph (B) unless—

10 ‘‘(i) the Secretary has prepared an economic

11 impact analysis under this subsection with respect to

12 the designation, regulation, or recovery plan;

13 ‘‘(ii) the Secretary determines, based on that

14 analysis, that the benefits of that designation, regu15 lation, or recovery plan outweigh the costs of that

16 act; and

17 ‘‘(iii) the Secretary has published an economic

18 impact statement describing the findings of that

19 analysis.

20 ‘‘(B) The designation, regulations, and recovery plans

21 referred to in subparagraph (A) are the following:

22 ‘‘(i) A designation of critical habitat under sub23 section (a)(2).

24 ‘‘(ii) A protective regulation issued under sub25 section (d).
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1 ‘‘(iii) A recovery plan developed under sub2 section (f).

3 ‘‘(2)(A) The Secretary shall perform an economic im4 pact analysis in accordance with this paragraph with re5 spect to each designation, regulation, and recovery plan

6 described in paragraph (1)(B).

7 ‘‘(B) An economic impact analysis under this para8 graph shall include determination of the following:

9 ‘‘(i) The economic consequences of implement10 ing and enforcing the designation, regulation, or re11 covery plan, including the aggregate statistical data

12 which indicates—

13 ‘‘(I) identifiable and potential job losses or

14 diminishments resulting from that implementa15 tion and enforcement,

16 ‘‘(II) identifiable losses or diminishments

17 in the value of real property resulting from that

18 implementation and enforcement, and

19 ‘‘(III) losses or diminishments in the value

20 of business enterprises resulting from that im21 plementation and enforcement.

22 ‘‘(ii) The effect that implementing and enforc23 ing the designation, regulation, or recovery plan will

24 have on tax revenues received by the Federal Gov25 ernment or by State and local governments, includ-
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1 ing any revenue losses attributable to losses or

2 diminishments in value described in clause (i).

3 ‘‘(iii) The effect that implementing and enforc4 ing the designation, regulation, or recovery plan will

5 have on outlays by Federal, State, and local govern6 ments, including—

7 ‘‘(I) effects on payments made pursuant to

8 subsection (l), and

9 ‘‘(II) effects on expenditures required for

10 unemployment compensation, aid to families

11 with dependent children under part A of title

12 IV of the Social Security Act, medicaid under

13 title XIX of the Social Security Act, and other

14 Federal, State, and local government programs.

15 ‘‘(iv) The effect that implementing and enforc16 ing the designation, regulation, or recovery plan will

17 have on the competitive position of any individual

18 business enterprise or aggregate industry affected by

19 that action, determined jointly with the Secretary of

20 Commerce.

21 ‘‘(v) The ecological and economic impacts of the

22 extinction of any species that implementation and

23 enforcement is intended to prevent.
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1 ‘‘(vi) Any other potential economic, budgetary,

2 or ecological effects that the Secretary considers

3 appropriate.

4 ‘‘(3) The Secretary shall determine, based on the

5 analysis performed under paragraph (2), whether the costs

6 of implementing and enforcing a designation, regulation,

7 or recovery plan described in paragraph (1)(B) outweigh

8 the benefits of that implementation and enforcement.’’.

9 SEC. 3. LIMITATION OF ECONOMIC LOSSES CAUSED BY

10 LISTING SPECIES AS ENDANGERED SPECIES

11 OR THREATENED SPECIES; COMPENSATION.

12 Section 4 of the Endangered Species Act of 1973 (16

13 U.S.C. 1533), as amended by section 2, is amended by

14 adding at the end the following:

15 ‘‘(k) LIMITATION OF LOSSES CAUSED BY LISTING

16 SPECIES AS ENDANGERED SPECIES OR THREATENED

17 SPECIES.—In implementing this Act with respect to an

18 endangered species or threatened species included in a list

19 published under subsection (c), the Secretary shall limit

20 economic losses incurred by persons as a result of that

21 implementation.

22 ‘‘(l) COMPENSATION FOR LOSSES AND

23 DIMINISHMENTS IN VALUE.—(1) The Secretary shall pay

24 to any person who incurs an economic loss as a result of

25 a species being included in a list of endangered species
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1 or threatened species published under this section the

2 amount of that loss, including—

3 ‘‘(A) any diminishment in the value of tangible

4 or intangible property, and

5 ‘‘(B) any loss resulting from the loss or dimin6 ishment of a job.

7 ‘‘(2) The Secretary shall issue regulations establish8 ing procedures for obtaining payments under this sub9 section.

10 ‘‘(3) A person may not recover any amount under this

11 subsection for any de minimis or wholly speculative loss.

12 ‘‘(4) Any denial by the Secretary of an application

13 for payment under this subsection may be appealed in the

14 appropriate Federal district court of the United States,

15 including any determination by the Secretary that a per16 son is ineligible for payment by reason of paragraph (3).

17 ‘‘(5) A person (including any State or local govern18 mental entity) may intervene in any proceeding under this

19 subsection for the purpose of assisting the Secretary in

20 issuing payments under this subsection.’’.

21 SEC. 4. CONGRESSIONAL APPROVAL REQUIRED FOR ADDI22 TIONS TO ENDANGERED SPECIES LIST.

23 (a) APPROVAL REQUIREMENT.—Section 4(c) of the

24 Endangered Species Act of 1973 (16 U.S.C. 1533(c)) is

25 amended by adding at the end the following:
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1 ‘‘(3) CONGRESSIONAL APPROVAL REQUIRED.—

2 An addition of a species to the list of threatened or

3 endangered species that is maintained under this

4 subsection shall not be effective before the date of

5 the enactment of an Act of Congress that approves

6 that addition.’’.

7 (b) APPLICATION.—The amendment made by sub8 section (a) shall apply to additions after the date of the

9 enactment of this Act to the list of threatened or endan10 gered species.

11 SEC. 5. IMPLEMENTATION.

12 (a) EFFECTIVE DATE.—The amendments made by

13 sections 2 and 3 shall be effective January 1, 1986.

14 (b) REVIEW OF PRIOR LISTINGS.—Not later than 1

15 year after the date of the enactment of this Act, the Sec16 retary of the Interior shall—

17 (1) review each addition on or after January 1,

18 1986, of a species to a list of endangered species or

19 threatened species published under section 4 of the

20 Endangered Species Act of 1973 (16 U.S.C. 1533);

21 (2) prepare with respect to each species so

22 added an economic impact analysis and economic

23 impact statement in accordance with the amend24 ments made by this Act; and
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1 (3) publish a list of all designations of critical

2 habitat, regulations, and recovery plans in effect on

3 the date of that publication, the implementation and

4 enforcement of which is prohibited by the amend5 ments made by this Act.

6 (c) COMPENSATION FOR LOSSES.—A person may not

7 be paid under section 4(l) of the Endangered Species Act

8 of 1973, as amended by this Act, for any loss incurred

9 as a result of a species being added to a list of endangered

10 species or threatened species published under that Act

11 during the period beginning January 1, 1986, and ending

12 on the date of the enactment of this Act, except for losses

13 incurred as a result of the implementation or enforcement

14 of designations of critical habitat, regulations, and recov15 ery plans that are not included in the list published under

16 subsection (b)(3) of this Act.

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