I 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Critical Habitat En-
hancement 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 para-
graph (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 fol-
lows: 
‘‘(3)(A)(i) The Secretary shall, by regulation promul-
gated in accordance with subsection (b) and to the max-
imum extent practicable, prudent, and determinable, issue 
a final regulation designating any habitat of the species 
determined to be an endangered species or threatened spe-
cies that is critical habitat of the species. 
‘‘(ii) The Secretary shall make any designation re-
quired 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 determina-
tion 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 appro-
priate, 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 manage-
ment program of a State, a Federal agency, a feder-
ally recognized Indian tribe located within the con-
tiguous 48 States, or the Metlakatla Indian Commu-
nity that the Secretary determines provides protec-
tion 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 re-
quirements 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 habi-
tat, the Secretary shall seek and, if available, consider in-
formation 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 govern-
ments; and 
‘‘(ii) costs associated with the preparation of re-
ports, surveys, and analyses required to be under-
taken, as a consequence of a proposed designation of 
critical habitat, by landowners seeking to obtain per-
mits 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 insert-
ing a semicolon; 
(2) in clause (ii)—
(A) by striking ‘‘and to each’’ and insert-
ing ‘‘to each’’; and 
(B) by inserting ‘‘, and to the county and 
any municipality having administrative jurisdic-
tion over the area’’ after ‘‘to occur’’; and 
(3) by adding at the end the following: 
‘‘(iii) with respect to a regulation to des-
ignate or revise a designation of critical habi-
tat—
‘‘(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, coordi-
nates, and data on a publicly accessible 
Internet page of the Department; and 
‘‘(iv) include in each of the notices re-
quired under this subparagraph a reference to 
the Internet page referred to in clause 
(iii)(II);’’. 
SEC. 5. CLARIFICATION OF DEFINITION OF CRITICAL HABI-
TAT. 
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 des-
ignated 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