[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1299 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1299

 To amend the Endangered Species Act of 1973 to reform the process for 
              designating critical habitat under that Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 2005

 Mr. Cardoza (for himself, Mr. Doolittle, Mr. Jones of North Carolina, 
    Mr. Baca, Mr. Herger, Mr. Radanovich, Mr. Costa, Mr. Otter, Mr. 
   Calvert, Mr. Peterson of Pennsylvania, Mr. Walden of Oregon, Mr. 
  Simpson, Mr. Osborne, Mr. Rehberg, Mr. Nunes, Ms. Bordallo, and Mr. 
Gary G. Miller of California) introduced the following bill; which was 
                 referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Endangered Species Act of 1973 to reform the process for 
              designating critical habitat under that Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Critical Habitat Enhancement Act of 
2005''.

SEC. 2. DESIGNATION OF CRITICAL HABITAT; STANDARD.

    (a) In General.--Section 4(a) of the Endangered Species Act of 1973 
(16 U.S.C. 1533(a)) is amended--
            (1) by redesignating subparagraph (B) of paragraph (3) as 
        paragraph (4);
            (2) in paragraph (4) (as so redesignated)--
                    (A) by striking ``(i)'' and inserting ``(A)'';
                    (B) by striking ``(ii)'' and inserting ``(B)''; and
                    (C) by striking ``(iii)'' and inserting ``(C)''; 
                and
            (3) by amending paragraph (3) to read as follows:
    ``(3)(A)(i) The Secretary shall, by regulation promulgated in 
accordance with subsection (b) and to the maximum extent practicable, 
prudent, and determinable, issue a final regulation designating any 
habitat of the species determined to be an endangered species or 
threatened species that is critical habitat of the species.
    ``(ii) The Secretary shall make any designation required under 
clause (i) by not later than one year after the final approval of a 
recovery plan for the species under section 4(f), or 3 years after the 
date of publication of the final regulation implementing a 
determination that the species is an endangered species or threatened 
species, whichever is earlier.
    ``(B) The Secretary shall reconsider any determination that 
designation of critical habitat of a species is not practicable, or 
determinable, during the next review under section 4(c)(2)(A) or at the 
time of a final approval of a recovery plan for the species under 
section 4(f).
    ``(C) The Secretary may, from time-to-time as appropriate, revise 
any designation of critical habitat under this paragraph.
    ``(D) Notwithstanding subparagraphs (A), (B), and (C), any 
designation of an area as critical habitat shall not apply with respect 
to any action authorized by--
            ``(i) a permit under section 10(a) (including any 
        conservation plan or agreement under that section for such a 
        permit) that applies to the area;
            ``(ii) a written statement under section 7(b)(4); or
            ``(iii) a land conservation or species management program 
        of a State, a Federal agency, a federally recognized Indian 
        tribe located within the contiguous 48 States, or the 
        Metlakatla Indian Community that the Secretary determines 
        provides protection for habitat of the species that is 
        substantially equivalent to the protection that would be 
        provided by such designation.
    ``(E) Nothing in this paragraph shall be construed to authorize a 
recovery plan to establish regulatory requirements or otherwise to have 
an effect other than as non-binding guidance.''.
    (b) Conforming Amendment.--Section 4(b)(6)(C) of the Endangered 
Species Act of 1973 (16 U.S.C. 1533(b)(6)(C)) is repealed.

SEC. 3. BASIS FOR DETERMINATION.

    Section 4(b)(2) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(b)(2)) is amended--
            (1) by inserting ``(A)'' after ``(2)''; and
            (2) by adding at the end the following:
    ``(B) In determining whether an area is critical habitat, the 
Secretary shall seek and, if available, consider information from State 
and local governments in the vicinity of the area, including local 
resource data and maps.
    ``(C) Consideration of economic impact under this paragraph shall 
include--
            ``(i) direct, indirect, and cumulative economic costs and 
        benefits, including consideration of changes in revenues 
        received by landowners, the Federal Government, and State and 
        local governments; and
            ``(ii) costs associated with the preparation of reports, 
        surveys, and analyses required to be undertaken, as a 
        consequence of a proposed designation of critical habitat, by 
        landowners seeking to obtain permits or approvals required 
        under Federal, State, or local law.
    ``(D) In designating critical habitat of a species, the Secretary 
shall first consider all areas that are known to be within the 
geographical area determined by field survey data to be occupied by the 
species.''.

SEC. 4. CONTENT OF NOTICES OF PROPOSED DESIGNATION OF CRITICAL HABITAT.

    Section 4(b)(5)(A) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(b)(5)(A)) is amended--
            (1) in clause (i) by striking ``, and'' and inserting a 
        semicolon;
            (2) in clause (ii)--
                    (A) by striking ``and to each'' and inserting ``to 
                each''; and
                    (B) by inserting ``, and to the county and any 
                municipality having administrative jurisdiction over 
                the area'' after ``to occur''; and
            (3) by adding at the end the following:
                    ``(iii) with respect to a regulation to designate 
                or revise a designation of critical habitat--
                            ``(I) publish maps and coordinates that 
                        describe, in detail, the specific areas that 
                        meet the definition under section 3 of, and are 
                        designated under section 4(a) as, critical 
                        habitat, and all field survey data upon which 
                        such designation is based; and
                            ``(II) maintain such maps, coordinates, and 
                        data on a publicly accessible Internet page of 
                        the Department; and
                    ``(iv) include in each of the notices required 
                under this subparagraph a reference to the Internet 
                page referred to in clause (iii)(II);''.

SEC. 5. CLARIFICATION OF DEFINITION OF CRITICAL HABITAT.

    Section 3(5) of the Endangered Species Act of 1973 (16 U.S.C. 
1532(5)) is amended--
            (1) in subparagraph (A) by striking clauses (i) and (ii) 
        and inserting the following:
            ``(i) the specific areas--
                    ``(I) that are within the geographical area 
                determined by field survey data to be occupied by the 
                species at the time the areas are designated as 
                critical habitat in accordance with section 4; and
                    ``(II) on which are found those physical and 
                biological features that are necessary to avoid 
                jeopardizing the continued existence of the species and 
                may require special management considerations or 
                protection; and
            ``(ii) areas that are not within the geographical area 
        referred to in clause (i)(I) and that the Secretary determines 
        are essential for the survival of the species at the time the 
        areas are designated as critical habitat in accordance with 
        section 4.'';
            (2) by striking subparagraph (B) and redesignating 
        subparagraph (C) as subparagraph (B); and
            (3) by adding at the end the following:
    ``(C) For purposes of subparagraph (A)(i) the term `geographical 
area determined by field survey data to be occupied by the species' 
means the specific area that, at the time the area is designated as 
critical habitat in accordance with section 4, is being used by the 
species for breeding, feeding, sheltering, or another essential 
behavioral pattern.''.
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