I 

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. 

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 (a) IN GENERAL.—Section 4(b)(2) of the Endan4 gered Species Act of 1973 (16 U.S.C. 1533(b)(2)) is 

5 amended— 

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

7 Secretary shall’’ and inserting the following: 

8 ‘‘(2) CRITICAL HABITAT DESIGNATION.— 

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

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

11 Secretary may’’ and inserting the following: 

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

13 and 

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

15 ‘‘(C) DRAFT ECONOMIC ANALYSIS.— 

16 ‘‘(i) REQUIREMENT.—At the time a 

17 proposed rule to designate critical habitat 

18 is published, the Secretary shall publish 

19 and make available for public comment a 

20 draft analysis that— 

21 ‘‘(I) examines the incremental 

22 and cumulative economic effects of all 

23 actions to protect the species and its 

24 habitat (including the effects of the 

25 proposed designation) upon each State 


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1 and locality that is the subject of, or 

2 affected by, the proposed 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 a political subdivision of 

14 a State that directly or indirectly 

15 provides public services, school 

16 districts, and any other instru17 mentality 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 of 2001 (114 Stat. 

22 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) shall be 

3 construed as adding to, subtracting from, 

4 or otherwise modifying the factors set 

5 forth in subsection (a)(1) or the bases set 

6 forth in paragraph (1) of this subsection’’. 

7 (b) APPLICATION.— 

8 (1) IN GENERAL.—The amendments made by 

9 subsection (a) shall apply with respect to any des10 ignation of critical habitat under such Act on or 

11 after August 28, 2013. 

12 (2) REPORT.—Not later than 180 days after 

13 the date of the enactment of this Act, the Secretary 

14 (as that term is defined in such Act) shall submit 

15 a report to the Congress describing the effect of 

16 paragraph (1). 

Æ 


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