article: 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) Notwithstanding any other provision of this Act, an officer or employee 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, regulation, 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 subsection (a)(2). ``(ii) A protective regulation issued under subsection (d). ``(iii) A recovery plan developed under subsection (f). ``(2)(A) The Secretary shall perform an economic impact analysis in accordance with this paragraph with respect to each designation, regulation, and recovery plan described in paragraph (1)(B). ``(B) An economic impact analysis under this paragraph shall include determination of the following: ``(i) The economic consequences of implementing and enforcing the designation, regulation, or recovery plan, including the aggregate statistical data which indicates-- ``(I) identifiable and potential job losses or diminishments resulting from that implementation 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 implementation and enforcement. ``(ii) The effect that implementing and enforcing the designation, regulation, or recovery plan will have on tax revenues received by the Federal Government or by State and local governments, including any revenue losses attributable to losses or diminishments in value described in clause (i). ``(iii) The effect that implementing and enforcing the designation, regulation, or recovery plan will have on outlays by Federal, State, and local governments, 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 enforcing 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 diminishment of a job. ``(2) The Secretary shall issue regulations establishing procedures for obtaining payments under this subsection. ``(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 person is ineligible for payment by reason of paragraph (3). ``(5) A person (including any State or local governmental 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 ADDITIONS 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 subsection (a) shall apply to additions after the date of the enactment of this Act to the list of threatened or endangered 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 Secretary 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 amendments 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 amendments 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 recovery plans that are not included in the list published under subsection (b)(3) of this Act.
summary: Balanced Economic and Environmental Priorities Act of 1994 - Amends the Endangered Species Act of 1973 to prohibit a Federal officer or employee from implementing or enforcing a designation of critical habitat, an issued protective regulation, or a developed recovery plan under such Act unless the Secretary (either the Secretary of the Interior or the Secretary of Commerce, as program responsibilities are vested): (1) prepares an economic impact analysis with respect to such designation, regulation, or recovery plan; (2) determines that the benefits of it outweigh the costs of it; and (3) publishes an economic impact statement describing the findings of the analysis. Establishes guidelines for such economic impact analysis. Directs the Secretary to: (1) limit economic losses incurred by persons caused by listing species as endangered or threatened; and (2) compensate such persons for any diminishments in the value of tangible or intangible property, and in the loss or diminishment of a job. Requires congressional approval of any additions to the endangered species list. Directs the Secretary of the Interior to: (1) review endangered or threatened species added on or after such date to a published list of endangered or threatened species under the Endangered Species Act of 1973; (2) prepare an economic impact analysis and statement with respect to them; 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 amendments made by this Act). Prohibits a person from being paid for any loss incurred by species being added to a list of endangered species or threatened species published under the Endangered Species Act of 1973 during the period beginning January 1, 1986, and ending on the enactment of this Act, except for losses resulting from the implementation or enforcement of designations of critical habitat, regulations, and recovery plans that are not included in the list published under this Act.