IB 
Union Calendar No. 480
108TH CONGRESS 
2D SESSION 
H. R. 2933
[Report No. 108–786] 
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 Okla-
homa, Mr. NUNES, Mr. BACA, Mr. STENHOLM, Mr. HALL, Mr. BERRY, 
Mr. ROSS, Mr. DOOLITTLE, Mr. RADANOVICH, Mr. HERGER, Mr. PETER-
SON of Minnesota, Mr. ALEXANDER, Mr. ORTIZ, Mr. HUNTER, Mr. CAL-
VERT, and Mr. YOUNG of Alaska) introduced the following bill; which was 
referred to the Committee on Resources 
NOVEMBER 19, 2004
Additional sponsors: Mr. ISAKSON, Mrs. CUBIN, Mr. KLINE, Mr. OSBORNE, 
Mr. JONES of North Carolina, Mr. RENZI, Mr. WALDEN of Oregon, Mr. 
PEARCE, Mr. REHBERG, Mr. PETERSON of Pennsylvania, and Mr. FLAKE
NOVEMBER 19, 2004 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on July 25, 2003] 
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 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 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 spe-
cies is an endangered species or threatened species, which-
ever is earlier.
‘‘(B) The Secretary shall reconsider any determination 
that designation of critical habitat of a species is not prac-
ticable, or determinable, during the next review under sec-
tion 4(c)(2)(A) or at the time of a final approval of a recov-
ery 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 management 
program of a State, a Federal agency, a federally rec-
ognized 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 designa-
tion. 
‘‘(E) Nothing in this paragraph shall be construed to 
authorize a recovery plan to establish regulatory require-
ments or otherwise to have an effect other than as non-bind-
ing 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 infor-
mation 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 Gov-
ernment, and State and local governments; 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 inserting 
‘‘to each’’; and
(B) by inserting ‘‘, and to the county and 
any municipality having administrative juris-
diction 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, crit-
ical 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 Inter-
net 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 the spe-
cies and may require special management con-
siderations or protection; and 
‘‘(ii) areas that are not within the geographical 
area referred to in clause (i)(I) and that the Sec-
retary 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 redesig-
nating 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 pat-
tern.’’.
Union Calendar No. 480
108TH CONGRESS 
2D SESSION 
H. R. 2933
[Report No. 108–786] 
A BILL 
To amend the Endangered Species Act of 1973 to 
reform the process for designating critical habitat 
under that Act. 
NOVEMBER 19, 2004
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed