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) intro-
duced the following bill; which was referred to the Committee on Natural 
Resources 
A BILL 
To amend the Endangered Species Act of 1973 to add re-
quirements to the designation of areas as critical habi-
tats, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Critical Habitat Im-
provement Act’’. 
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SEC. 2. REQUIREMENTS FOR CRITICAL HABITAT DESIGNA-
TION. 
(a) DEFINITION
OF CRITICAL HABITAT.—Section 
3(5) of the Endangered Species Act of 1973 (16 U.S.C. 
1532(5)) is amended— 
(1) by amending subparagraph (A) to read as 
follows: 
‘‘(A) The term ‘critical habitat’ for a 
threatened 
species 
or 
endangered 
species 
means— 
‘‘(i) the specific areas of habitat with-
in the geographical area occupied by the 
species, at the time such species is listed in 
accordance with the provisions of section 4 
of this Act, that the Secretary determines 
have physical or biological features that— 
‘‘(I) are essential to the conserva-
tion of such species; and 
‘‘(II) may require special man-
agement consideration or protection; 
or 
‘‘(ii) the specific areas of habitat out-
side the geographical area occupied by the 
species, at the time such species is listed in 
accordance with the provisions of section 4 
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of this Act, that the Secretary deter-
mines— 
‘‘(I) are essential for the contin-
ued survival of such species; 
‘‘(II) are able to sustain occu-
pancy by such species at the time of 
the determination described in this 
clause; and 
‘‘(III) have physical or biological 
features that— 
‘‘(aa) are essential to the 
conservation of such species; and 
‘‘(bb) may require special 
management 
consideration 
or 
protection.’’; and 
(2) by adding at the end the following: 
‘‘(D) IDENTIFICATION OF FEATURES.—In mak-
ing a critical habitat designation under section 
4(a)(3)(A)(i), the Secretary shall identify with speci-
ficity the constituent elements of any physical or bio-
logical features that form the basis for such designa-
tion.’’. 
(b) PRIORITY FOR DESIGNATING CRITICAL HABI-
TAT.—Section 4(a)(3) is amended at the end by adding 
the following: 
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‘‘(C) PRIORITY
FOR
DESIGNATING
CRIT-
ICAL HABITAT.—The Secretary may not des-
ignate habitat outside the geographical area oc-
cupied by the species as critical habitat unless 
such designation is necessary to ensure the con-
tinued survival of such species.’’. 
Æ 
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