1. Short title
This Act may be cited as the “Private Landowner Protection Act of 2014”.
Private Landowner Protection Act of 2014
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.
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—
in the first sentence, by striking “(2) The Secretary shall” and inserting the following:
“(2) Critical habitat designation
“(A) In general—The Secretary shall”
in the second sentence, by striking “The Secretary may” and inserting the following:
“(B) Exclusions—The Secretary shall”
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).”