II 

113TH CONGRESS 

2D SESSION S. 2729 

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 

JULY 31, 2014 

Mr. PRYOR (for himself and Mr. BOOZMAN) 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 ‘‘Private Landowner 

5 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 IMPACT ANAL15 YSIS.— 

16 ‘‘(i) IN GENERAL.—At the time a pro17 posed rule to designate critical habitat for 

18 a species is published, the Secretary shall 

19 publish and make available for public com20 ment an analysis that— 

21 ‘‘(I) examines the public and pri22 vate economic effects of all actions 

23 that are related to a critical habitat 

24 designation or the protection of the 

25 species, including, at a minimum, any 

26 effects on— 


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1 ‘‘(aa) land use; 

2 ‘‘(bb) property values; 

3 ‘‘(cc) the provision of water, 

4 power, and other public services; 

5 ‘‘(dd) employment; 

6 ‘‘(ee) revenues available for 

7 State and local governments, in8 cluding a political subdivision of 

9 a State that directly or indirectly 

10 provides public services, school 

11 districts, and any other instru12 mentality of a State; and 

13 ‘‘(ff) authorizations or ap14 provals necessitating a consulta15 tion under section 7; 

16 ‘‘(II) is quantitative and quali17 tative; and 

18 ‘‘(III) examines— 

19 ‘‘(aa) the incremental effects 

20 of the critical habitat designa21 tion; and 

22 ‘‘(bb) the cumulative eco23 nomic effects of both the critical 

24 habitat designation and the listVerDate Mar 15 2010 22:45 Aug 07, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2729.IS S2729

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1 ing determination made under 

2 subsection (a)(1). 

3 ‘‘(ii) DETERMINATION FACTORS NOT

4 AFFECTED.—Nothing in clause (i)— 

5 ‘‘(I) shall affect the determina6 tion to list a species under subsection 

7 (a)(1); or 

8 ‘‘(II) adds to or subtracts from, 

9 or otherwise modifies, the bases de10 scribed in paragraph (1) or the fac11 tors described in subsection (a)(1). 

12 ‘‘(iii) EFFECTIVE DATE.— 

13 ‘‘(I) IN GENERAL.—Clause (i) 

14 shall apply to any critical habitat des15 ignation proposed or promulgated on 

16 or after October 30, 2013. 

17 ‘‘(II) REOPENING OF FINALIZED

18 DESIGNATIONS.—Not later than 30 

19 days after the date of enactment of 

20 this clause, any critical habitat des21 ignation finalized on or after October 

22 30, 2013, shall be reopened to provide 

23 adequate time for compliance with 

24 clause (i).’’. 

Æ 


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