I 

116TH CONGRESS 

2D SESSION H. R. 5591 

To amend the Endangered Species Act of 1973 to add requirements to 

the designation of areas as critical habitats, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 13, 2020 

Mr. JOHNSON of Louisiana (for himself, Mr. GOSAR, Mr. MCCLINTOCK, Mr. 

CRAWFORD, Mr. NEWHOUSE, Mr. GIANFORTE, and Ms. CHENEY) introduced the following bill; which was referred to the Committee on Natural 

Resources 

A BILL 

To amend the Endangered Species Act of 1973 to add requirements to the designation of areas as critical habitats, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Critical Habitat Im5 provement Act’’. 


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1 SEC. 2. REQUIREMENTS FOR CRITICAL HABITAT DESIGNA2 TION. 

3 (a) DEFINITION OF CRITICAL HABITAT.—Section 

4 3(5) of the Endangered Species Act of 1973 (16 U.S.C. 

5 1532(5)) is amended— 

6 (1) by amending subparagraph (A) to read as 

7 follows: 

8 ‘‘(A) The term ‘critical habitat’ for a 

9 threatened species or endangered species 

10 means— 

11 ‘‘(i) the specific areas of habitat with12 in the geographical area occupied by the 

13 species, at the time such species is listed in 

14 accordance with the provisions of section 4 

15 of this Act, that the Secretary determines 

16 have physical or biological features that— 

17 ‘‘(I) are essential to the conserva18 tion of such species; and 

19 ‘‘(II) may require special man20 agement consideration or protection; 

21 or 

22 ‘‘(ii) the specific areas of habitat out23 side the geographical area occupied by the 

24 species, at the time such species is listed in 

25 accordance with the provisions of section 4 


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1 of this Act, that the Secretary deter2 mines— 

3 ‘‘(I) are essential for the contin4 ued survival of such species; 

5 ‘‘(II) are able to sustain occu6 pancy by such species at the time of 

7 the determination described in this 

8 clause; and 

9 ‘‘(III) have physical or biological 

10 features that— 

11 ‘‘(aa) are essential to the 

12 conservation of such species; and 

13 ‘‘(bb) may require special 

14 management consideration or 

15 protection.’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(D) IDENTIFICATION OF FEATURES.—In mak18 ing a critical habitat designation under section 

19 4(a)(3)(A)(i), the Secretary shall identify with speci20 ficity the constituent elements of any physical or bio21 logical features that form the basis for such designa22 tion.’’. 

23 (b) PRIORITY FOR DESIGNATING CRITICAL HABI24 TAT.—Section 4(a)(3) is amended at the end by adding 

25 the following: 


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1 ‘‘(C) PRIORITY FOR DESIGNATING CRIT2 ICAL HABITAT.—The Secretary may not des3 ignate habitat outside the geographical area oc4 cupied by the species as critical habitat unless 

5 such designation is necessary to ensure the con6 tinued survival of such species.’’. 

Æ 


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