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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Critical Habitat Reform Act of 
2004''.

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.''.




                                                 

Summary: Critical Habitat Reform Act of 2004 - Amends the Endangered Species Act of 1973 (ESA) to require the relevant Secretary , to the maximum extent practicable, prudent, and determinable, to issue a final regulation designating critical habitat of endangered or threatened species within one year after final approval of a recovery plan for the species or three years after publication of the final regulation implementing the endangered or threatened species determination, whichever is earlier. Requires the Secretary to reconsider any determination that designation of critical habitat of a species is not practicable or determinable during the next five-year review of endangered or threatened species or at the time of final approval of a recovery plan for the species. Authorizes the Secretary to revise any designation of critical habitat. Prohibits any designation of an area as critical habitat from applying with respect to actions authorized by: (1) a permit under ESA provisions authorizing the otherwise prohibited taking of listed species in certain circumstances where a habitat conservation plan has been submitted. (2) a written statement issued by the Secretary pursuant to a Federal agency consultation process. Or (3) a land conservation or species management program of a State, Federal agency, federally recognized Indian tribe within the contiguous 48 States, or the Metlakatla Indian Community that the Secretary determines provides habitat protection substantially equivalent to the protection that would be provided by species designation. Directs the Secretary, in determining whether an area is critical habit, to seek and consider information from State and local governments in the vicinity of the area, including local resource data and maps. Specifies factors for consideration regarding the economic impact of critical habitat designation, including changes in revenues and costs associated with preparing reports, surveys, and analyses. Requires the Secretary, in making such a designation, to first consider all areas known to be within the geographical area occupied by the species as determined by field survey data. Modifies the contents of the required notice of proposed designation of critical habit to include any municipality having administrative jurisdiction over the area in which the species is believed to occur. Requires the Secretary, with respect to a regulation to designate or revise a designation of critical habitat, to: (1) publish and maintain, on a publicly accessible Internet page of the relevant Department , maps, coordinates, and field survey data of the area. And (2) include in such notice a reference to the Internet page. Redefines critical habitat to mean those specific areas: (1) within the geographical area determined by field survey data to be occupied by the species at the time of critical habitat designation, on which are found those physical and biological features necessary to avoid jeopardizing the continued existence of the species and which may require special management considerations or protections. And (2) areas not within such geographical area but essential for the survival of the species.