II 

114TH CONGRESS 

1ST SESSION S. 112 

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 

JANUARY 7, 2015 

Mr. HELLER 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 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 ‘‘Common Sense in Spe5 cies Protection Act of 2015’’. 


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1 SEC. 2. DRAFT ECONOMIC ANALYSIS FOR CRITICAL HABI2 TAT DESIGNATION. 

3 Section 4(b)(2) of the Endangered Species Act of 

4 1973 (16 U.S.C. 1533(b)(2)) is amended— 

5 (1) in the first sentence, by striking ‘‘(2) The 

6 Secretary shall’’ and inserting the following: 

7 ‘‘(2) CRITICAL HABITAT DESIGNATION.— 

8 ‘‘(A) IN GENERAL.—The Secretary shall’’; 

9 (2) in the second sentence, by striking ‘‘The 

10 Secretary may’’ and inserting the following: 

11 ‘‘(B) EXCLUSIONS.—The Secretary shall’’; 

12 and 

13 (3) by adding at the end the following: 

14 ‘‘(C) DRAFT ECONOMIC ANALYSIS.— 

15 ‘‘(i) IN GENERAL.—At the time a pro16 posed rule to designate critical habitat is 

17 published, the Secretary shall publish and 

18 make available for public comment a draft 

19 analysis that— 

20 ‘‘(I) examines the incremental 

21 and cumulative economic effects of all 

22 actions to protect the species and 

23 habitat of the species (including the 

24 effects of the proposed designation) 

25 upon each State and locality that is 


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1 the subject of, or affected by, the pro2 posed designation; 

3 ‘‘(II) includes consideration of 

4 public and private economic effects 

5 on— 

6 ‘‘(aa) possible uses of land 

7 and property values; 

8 ‘‘(bb) the provision of water, 

9 power, or other public services; 

10 ‘‘(cc) employment; and 

11 ‘‘(dd) revenues available for 

12 State and local governments, in13 cluding school districts, any polit14 ical subdivision of a State that 

15 directly or indirectly provides 

16 public services, and any other in17 strumentality of a State; 

18 ‘‘(III) complies with the guide19 lines issued pursuant to section 515 of 

20 the Treasury and General Government 

21 Appropriations Act, 2001 (Public Law 

22 106–554; 114 Stat. 2763A–153); and 

23 ‘‘(IV) assesses such effects on a 

24 quantitative and qualitative basis. 


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1 ‘‘(ii) DETERMINATION FACTORS NOT

2 AFFECTED.—Nothing in clause (i) adds to, 

3 subtracts from, or otherwise modifies the 

4 factors set forth in subsection (a)(1) or the 

5 bases set forth in paragraph (1) of this 

6 subsection.’’. 

Æ 


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