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Code · BILL · 114th Congress · S. 791 (Introduced in Senate) — To free the private sector to harness domestic energy resources to create jobs and generate economic growth by removi... · Sec. 4062

Sec. 4062. Ensuring consideration of economic impacts of protections for endangered species and threatened species

551 words·~3 min read·/bill/114/s/791/is/section-4062

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Section 13 of the Endangered Species Act of 1973 (87 Stat. 902; relating to conforming amendments to other laws, which have been executed) is amended to read as follows: Notwithstanding any other provision of this Act, any authorization, requirement, or prohibition of, or other restriction on, any action by a Federal agency or other person under this Act shall not apply with respect to a species determined by the Secretary to be an endangered species or threatened species, unless— the Secretary has published and submitted to Congress a report that— describes the application; sets forth the data considered by the Secretary regarding the economic costs and benefits of the application; and determines that the economic benefits of the application exceed the economic costs of the application; and the application is authorized expressly with respect to that species in a law enacted by Congress after the date of enactment of the American Energy Renaissance Act of 2015 .
Subsection (a)— does not affect any authority of the Secretary under this Act— to determine that a species is an endangered species or threatened species and designate the critical habitat of that species; to conduct research regarding a species or the critical habitat of that species; or to prepare, publish, or revise lists, or conduct reviews, under section 4(c); does not apply with respect to a species if— the Secretary— determines that prompt application of an authorization, requirement, or prohibition under this Act is necessary to prevent the extinction of the species; and convenes a meeting of the Endangered Species Committee to consider that determination, except that for purposes of this paragraph each member of the Committee from an affected State under section 4(e)(3)(G) shall be appointed by the Governor of that State; and the Committee— concurs in that determination by not later than 30 days after the date the Secretary convenes the Committee; and the vote to concur in that determination is unanimous, with all 7 votes in favor; and does not affect the application of this Act with respect to a species that is included in the list in effect under section 4(c) on the date of enactment of the American Energy Renaissance Act of 2015 , during the 15-year period beginning on that date of enactment.
A species shall not be treated under this Act as an endangered species or threatened species after the end of the 15-year period beginning on the date the Secretary determines under this Act that the species is an endangered species or a threatened species, unless the Secretary determines under section 4(c)(2), after the end of the 10-year period beginning on that date, that the species should not be changed in status. In the case of a species included in a list under section 4(c) in effect on the date of enactment of the American Energy Renaissance Act of 2015 , paragraph
(1)shall be applied by substituting that date of enactment for the date the Secretary determines under this Act that the species is an endangered species or a threatened species . . The table of contents for the Endangered Species Act of 1973 ( 15 U.S.C. 1531 note) is amended by striking the item relating to section 13 and inserting the following: Sec. 13. Ensuring the consideration of the economic impacts of protections. .
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  • 87 Stat. 902
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Sec. 4062
Ensuring consideration of economic impacts of protections for endangered species and threatened species
Stat.87 Stat. 902
Cites 2Cited by 0 across 0 sources
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