I 

113TH CONGRESS 

2D SESSION H. R. 4319 

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 

MARCH 27, 2014 

Mr. CRAWFORD (for himself, Mr. COTTON, Mr. GRIFFIN of Arkansas, and Mr. 

WOMACK) 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 2014’’. 


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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) REQUIREMENT.—At the time a 

16 proposed rule to designate critical habitat 

17 is published, the Secretary shall publish 

18 and make available for public comment a 

19 draft analysis that— 

20 ‘‘(I) examines the incremental 

21 and cumulative economic effects of all 

22 actions to protect the species and its 

23 habitat (including the effects of the 

24 proposed designation) upon each State 

25 and locality that is the subject of, or 

26 affected by, the proposed designation; 


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1 ‘‘(II) includes consideration of 

2 public and private economic effects 

3 on— 

4 ‘‘(aa) possible uses of land 

5 and property values; 

6 ‘‘(bb) the provision of water, 

7 power, or other public services; 

8 ‘‘(cc) employment; and 

9 ‘‘(dd) revenues available for 

10 State and local governments, in11 cluding a political subdivision of 

12 a State that directly or indirectly 

13 provides public services, school 

14 districts, and any other instru15 mentality of a State; 

16 ‘‘(III) complies with the guide17 lines issued pursuant to section 515 of 

18 the Treasury and General Government 

19 Appropriations Act of 2001 (114 Stat. 

20 2763A–153); and 

21 ‘‘(IV) assesses such effects on a 

22 quantitative and qualitative basis. 

23 ‘‘(ii) DETERMINATION FACTORS NOT

24 AFFECTED.—Nothing in clause (i) shall be 

25 construed as adding to, subtracting from, 


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1 or otherwise modifying the factors set 

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

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

Æ 


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