Private Landowner Protection Act of 2014

Bill: 113-s-2729
Sponsor: full_name: Sen. Pryor, Mark L. [D-AR]
Introduced: 2014-07-31
Policy area: Environmental Protection
Subjects: Administrative law and regulatory procedures

Department of Commerce

Department of the Interior

Economic performance and conditions

Electric power generation and transmission

Endangered and threatened species

Land use and conservation

State and local finance

Unemployment

Water use and supply

Wildlife conservation and habitat protection
Latest action: action_date: 2014-07-31
text: Read twice and referred to the Committee on Environment and Public Works.

Summaries:
action_date: 2014-07-31
action_desc: Introduced in Senate
text: <p>Private Landowner Protection Act of 2014 - Amends the Endangered Species Act of 1973 to require the Department of the Interior or the Department of Commerce through the National Oceanic and Atmospheric Administration (NOAA) to exclude an area from designation as a critical habitat to conserve an endangered or threatened species if the benefits of exclusion outweigh the benefits of including the area, unless the failure to designate the area as critical habitat will result in the extinction of the species.</p> <p>Requires the appropriate department to make available for public comment with any proposed rule to designate a critical habitat an analysis that: (1) examines the economic effects of all actions that are related to a critical habitat designation or the protection of the species, (2) is quantitative and qualitative, and (3) examines the incremental effects of the critical habitat designation and the cumulative economic effects of both the critical habitat designation and the listing determination.</p> <p>Prohibits the analysis from effecting the determination to list a species.</p> <p>Applies the requirements to any critical habitat designation proposed or promulgated on or after October 30, 2013. Requires any designation finalized on or after that date to be reopened for analysis within 30 days of this Act's enactment.</p>

tv_txt: II 113th CONGRESS 2d Session S. 2729 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. Short title This Act may be cited as the Private Landowner Protection Act of 2014 . 2. Draft economic analysis for critical habitat designation Section 4(b)(2) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(b)(2) ) is amended— (1) in the first sentence, by striking (2) The Secretary shall and inserting the following: (2) Critical habitat designation (A) In general The Secretary shall ; (2) in the second sentence, by striking The Secretary may and inserting the following: (B) Exclusions The Secretary shall ; and (3) by adding at the end the following: (C) Draft economic impact analysis (i) In general At the time a proposed rule to designate critical habitat for a species is published, the Secretary shall publish and make available for public comment an analysis that— (I) examines the public and private economic effects of all actions that are related to a critical habitat designation or the protection of the species, including, at a minimum, any effects on— (aa) land use; (bb) property values; (cc) the provision of water, power, and other public services; (dd) employment; (ee) revenues available for State and local governments, including a political subdivision of a State that directly or indirectly provides public services, school districts, and any other instrumentality of a State; and (ff) authorizations or approvals necessitating a consultation under section 7; (II) is quantitative and qualitative; and (III) examines— (aa) the incremental effects of the critical habitat designation; and (bb) the cumulative economic effects of both the critical habitat designation and the listing determination made under subsection (a)(1). (ii) Determination factors not affected Nothing in clause (i)— (I) shall affect the determination to list a species under subsection (a)(1); or (II) adds to or subtracts from, or otherwise modifies, the bases described in paragraph (1) or the factors described in subsection (a)(1). (iii) Effective date (I) In general Clause (i) shall apply to any critical habitat designation proposed or promulgated on or after October 30, 2013. (II) Reopening of finalized designations Not later than 30 days after the date of enactment of this clause, any critical habitat designation finalized on or after October 30, 2013, shall be reopened to provide adequate time for compliance with clause (i). .