I
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Balanced Economic
and Environmental Priorities Act of 1994’’.
SEC. 2. ECONOMIC IMPACT ANALYSES.
Section 4 of the Endangered Species Act of 1973 (16
U.S.C. 1533) is amended by adding at the end the
following:
‘‘(j) ECONOMIC IMPACT ANALYSIS.—(1)(A) Notwith-
standing any other provision of this Act, an officer or em-
ployee of a Federal agency shall not implement or enforce
a designation, regulation, or recovery plan described in
subparagraph (B) unless—
‘‘(i) the Secretary has prepared an economic
impact analysis under this subsection with respect to
the designation, regulation, or recovery plan;
‘‘(ii) the Secretary determines, based on that
analysis, that the benefits of that designation, regu-
lation, or recovery plan outweigh the costs of that
act; and
‘‘(iii) the Secretary has published an economic
impact statement describing the findings of that
analysis.
‘‘(B) The designation, regulations, and recovery plans
referred to in subparagraph (A) are the following:
‘‘(i) A designation of critical habitat under sub-
section (a)(2).
‘‘(ii) A protective regulation issued under sub-
section (d).
‘‘(iii) A recovery plan developed under sub-
section (f).
‘‘(2)(A) The Secretary shall perform an economic im-
pact analysis in accordance with this paragraph with re-
spect to each designation, regulation, and recovery plan
described in paragraph (1)(B).
‘‘(B) An economic impact analysis under this para-
graph shall include determination of the following:
‘‘(i) The economic consequences of implement-
ing and enforcing the designation, regulation, or re-
covery plan, including the aggregate statistical data
which indicates—
‘‘(I) identifiable and potential job losses or
diminishments resulting from that implementa-
tion and enforcement,
‘‘(II) identifiable losses or diminishments
in the value of real property resulting from that
implementation and enforcement, and
‘‘(III) losses or diminishments in the value
of business enterprises resulting from that im-
plementation and enforcement.
‘‘(ii) The effect that implementing and enforc-
ing the designation, regulation, or recovery plan will
have on tax revenues received by the Federal Gov-
ernment or by State and local governments, includ-
ing any revenue losses attributable to losses or
diminishments in value described in clause (i).
‘‘(iii) The effect that implementing and enforc-
ing the designation, regulation, or recovery plan will
have on outlays by Federal, State, and local govern-
ments, including—
‘‘(I) effects on payments made pursuant to
subsection (l), and
‘‘(II) effects on expenditures required for
unemployment compensation, aid to families
with dependent children under part A of title
IV of the Social Security Act, medicaid under
title XIX of the Social Security Act, and other
Federal, State, and local government programs.
‘‘(iv) The effect that implementing and enforc-
ing the designation, regulation, or recovery plan will
have on the competitive position of any individual
business enterprise or aggregate industry affected by
that action, determined jointly with the Secretary of
Commerce.
‘‘(v) The ecological and economic impacts of the
extinction of any species that implementation and
enforcement is intended to prevent.
‘‘(vi) Any other potential economic, budgetary,
or ecological effects that the Secretary considers
appropriate.
‘‘(3) The Secretary shall determine, based on the
analysis performed under paragraph (2), whether the costs
of implementing and enforcing a designation, regulation,
or recovery plan described in paragraph (1)(B) outweigh
the benefits of that implementation and enforcement.’’.
SEC. 3. LIMITATION OF ECONOMIC LOSSES CAUSED BY
LISTING SPECIES AS ENDANGERED SPECIES
OR THREATENED SPECIES; COMPENSATION.
Section 4 of the Endangered Species Act of 1973 (16
U.S.C. 1533), as amended by section 2, is amended by
adding at the end the following:
‘‘(k) LIMITATION OF LOSSES CAUSED BY LISTING
SPECIES
AS ENDANGERED SPECIES
OR THREATENED
SPECIES.—In implementing this Act with respect to an
endangered species or threatened species included in a list
published under subsection (c), the Secretary shall limit
economic losses incurred by persons as a result of that
implementation.
‘‘(l) 
COMPENSATION
FOR
LOSSES
AND
DIMINISHMENTS IN VALUE.—(1) The Secretary shall pay
to any person who incurs an economic loss as a result of
a species being included in a list of endangered species
or threatened species published under this section the
amount of that loss, including—
‘‘(A) any diminishment in the value of tangible
or intangible property, and
‘‘(B) any loss resulting from the loss or dimin-
ishment of a job.
‘‘(2) The Secretary shall issue regulations establish-
ing procedures for obtaining payments under this sub-
section.
‘‘(3) A person may not recover any amount under this
subsection for any de minimis or wholly speculative loss.
‘‘(4) Any denial by the Secretary of an application
for payment under this subsection may be appealed in the
appropriate Federal district court of the United States,
including any determination by the Secretary that a per-
son is ineligible for payment by reason of paragraph (3).
‘‘(5) A person (including any State or local govern-
mental entity) may intervene in any proceeding under this
subsection for the purpose of assisting the Secretary in
issuing payments under this subsection.’’.
SEC. 4. CONGRESSIONAL APPROVAL REQUIRED FOR ADDI-
TIONS TO ENDANGERED SPECIES LIST.
(a) APPROVAL REQUIREMENT.—Section 4(c) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(c)) is
amended by adding at the end the following:
‘‘(3) CONGRESSIONAL APPROVAL REQUIRED.—
An addition of a species to the list of threatened or
endangered species that is maintained under this
subsection shall not be effective before the date of
the enactment of an Act of Congress that approves
that addition.’’.
(b) APPLICATION.—The amendment made by sub-
section (a) shall apply to additions after the date of the
enactment of this Act to the list of threatened or endan-
gered species.
SEC. 5. IMPLEMENTATION.
(a) EFFECTIVE DATE.—The amendments made by
sections 2 and 3 shall be effective January 1, 1986.
(b) REVIEW OF PRIOR LISTINGS.—Not later than 1
year after the date of the enactment of this Act, the Sec-
retary of the Interior shall—
(1) review each addition on or after January 1,
1986, of a species to a list of endangered species or
threatened species published under section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533);
(2) prepare with respect to each species so
added an economic impact analysis and economic
impact statement in accordance with the amend-
ments made by this Act; and
(3) publish a list of all designations of critical
habitat, regulations, and recovery plans in effect on
the date of that publication, the implementation and
enforcement of which is prohibited by the amend-
ments made by this Act.
(c) COMPENSATION FOR LOSSES.—A person may not
be paid under section 4(l) of the Endangered Species Act
of 1973, as amended by this Act, for any loss incurred
as a result of a species being added to a list of endangered
species or threatened species published under that Act
during the period beginning January 1, 1986, and ending
on the date of the enactment of this Act, except for losses
incurred as a result of the implementation or enforcement
of designations of critical habitat, regulations, and recov-
ery plans that are not included in the list published under
subsection (b)(3) of this Act.
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