I 

108TH CONGRESS 

1ST SESSION H. R. 2933

To amend the Endangered Species Act of 1973 to reform the process for 

designating critical habitat under that Act. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2003

Mr. CARDOZA (for himself, Mr. DOOLEY of California, Mr. CARSON of Oklahoma, Mr. NUNES, Mr. BACA, Mr. STENHOLM, Mr. HALL, Mr. BERRY, 

Mr. ROSS, Mr. DOOLITTLE, Mr. RADANOVICH, Mr. HERGER, Mr. PETERSON of Minnesota, Mr. ALEXANDER, Mr. ORTIZ, Mr. HUNTER, Mr. CALVERT, and Mr. YOUNG of Alaska) 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.

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 Re5 form Act of 2003’’. 
2

•HR 2933 IH 

1 SEC. 2. DESIGNATION OF CRITICAL HABITAT CONCURRENT 

2 WITH APPROVAL OF RECOVERY PLAN; 

3 STANDARD. 

4 (a) IN GENERAL.—Section 4(a)(3) of the Endan5 gered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is 

6 amended to read as follows: 

7 ‘‘(3)(A) The Secretary, by regulation promulgated in 

8 accordance with subsection (b) and to the maximum ex9 tent practicable, economically feasible, and determinable—

10 ‘‘(i) shall, concurrent with the approval of a re11 covery plan for a species under subsection (f), des12 ignate any habitat of such species that is then con13 sidered to be critical habitat; and 

14 ‘‘(ii) may, from time-to-time thereafter as ap15 propriate, revise such designation. 

16 ‘‘(B) Notwithstanding subparagraph (A), the Sec17 retary may not designate an area as critical habitat of a 

18 species, and any designation of critical habitat of a species 

19 shall not apply to an area, if the area is subject to—

20 ‘‘(i) a habitat conservation plan under section 

21 10(a)(2) that the Secretary determines provides pro22 tection for habitat of the species that is substantially 

23 equivalent to the protection that would be provided 

24 by such designation; or 

25 ‘‘(ii) a State or Federal land conservation pro26 gram that the Secretary determines provides protec-
3

•HR 2933 IH 

1 tion for habitat of the species that is substantially 

2 equivalent to the protection that would be provided 

3 by such designation.’’.

4 (b) CONFORMING AMENDMENT.—Section 4(b)(6)(C) 

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

6 1533(b)(6)(C)) is amended—

7 (1) by striking ‘‘concurrently’’ and all that fol8 lows through ‘‘(ii)’’ and inserting ‘‘concurrently with 

9 the approval of a recovery plan for the species under 

10 subsection (f), unless the Secretary determines 

11 that’’; and 

12 (2) by striking ‘‘, to the maximum extent pru13 dent,’’. 

14 SEC. 3. BASES FOR DETERMINATION. 

15 Section 4(b)(2) of the Endangered Species Act of 

16 1973 (16 U.S.C. 1533(b)(2)) is amended—

17 (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 

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

19 ‘‘(B) In determining whether an area is critical habi20 tat, the Secretary shall seek and, if available, consider in21 formation from local governments in the vicinity of the 

22 area, including local resource data and maps. 

23 ‘‘(C) Consideration of economic impact under this 

24 paragraph shall include—
4

•HR 2933 IH 

1 ‘‘(i) the direct, indirect, and cumulative eco2 nomic impacts of the designation, including consider3 ation of lost revenues to landowners and to the Fed4 eral Government and State and local governments; 

5 and 

6 ‘‘(ii) costs associated with the preparation of re7 ports, surveys, and analyses required to be under8 taken, as a consequence of a proposed designation of 

9 critical habitat, by landowners seeking to obtain per10 mits or approvals required under Federal, State, or 

11 local law.’’. 

12 SEC. 4. CONTENT OF NOTICES OF PROPOSED DESIGNATION 

13 OF CRITICAL HABITAT. 

14 Section 4(b)(5)(A) of the Endangered Species Act of 

15 1973 (16 U.S.C. 1533(b)(5)(A)) is amended—

16 (1) in clause (i) by striking ‘‘, and’’ and insert17 ing a semicolon; 

18 (2) in clause (ii)—

19 (A) by striking ‘‘and to each’’ and insert20 ing ‘‘to each’’; and 

21 (B) by inserting ‘‘, and to the county and 

22 any municipality having administrative jurisdic23 tion over the area, and’’ after ‘‘to occur’’; and 

24 (3) by adding at the end the following: 
5

•HR 2933 IH 

1 ‘‘(iii) with respect to a regulation to des2 ignate or revise a designation of critical habi3 tat—

4 ‘‘(I) maintain, on a publicly accessible 

5 Internet page of the Department, Geo6 graphical Information System maps and 

7 coordinates of the area; and 

8 ‘‘(II) include in each of the notices re9 quired under this subparagraph a reference 

10 to the Internet page referred to in sub11 clause (I).’’. 

12 SEC. 5. CLARIFICATION OF DEFINITION OF CRITICAL HABI13 TAT. 

14 Section 3(5) of the Endangered Species Act of 1973 

15 (16 U.S.C. 1532(5)) is amended by adding at the end the 

16 following: 

17 ‘‘(D)(i) For purposes of subparagraph (A)(i)—

18 ‘‘(I) the term ‘geographical area occupied by 

19 the species’ means the specific area currently used 

20 by the species for its essential behavioral patterns, 

21 including breeding, feeding, and sheltering; and 

22 ‘‘(II) the term ‘essential to the conservation of 

23 the species’ means, with respect to a specific area, 

24 that the area has those physical or biological fea-
6

•HR 2933 IH 

1 tures that are absolutely necessary and indispensable 

2 to conservation of the species concerned. 

3 ‘‘(ii) For purposes of subparagraph (A)(ii), the term 

4 ‘essential for the conservation of the species’ means, with 

5 respect to a specific area, that the area is absolutely nec6 essary and indispensable to conservation of the species 

7 concerned.’’.

Æ