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 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 
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 Re-
form Act of 2003’’.
SEC. 2. DESIGNATION OF CRITICAL HABITAT CONCURRENT 
WITH 
APPROVAL 
OF 
RECOVERY 
PLAN; 
STANDARD. 
(a) IN GENERAL.—Section 4(a)(3) of the Endan-
gered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is 
amended to read as follows: 
‘‘(3)(A) The Secretary, by regulation promulgated in 
accordance with subsection (b) and to the maximum ex-
tent practicable, economically feasible, and determinable—
‘‘(i) shall, concurrent with the approval of a re-
covery plan for a species under subsection (f), des-
ignate any habitat of such species that is then con-
sidered to be critical habitat; and 
‘‘(ii) may, from time-to-time thereafter as ap-
propriate, revise such designation. 
‘‘(B) Notwithstanding subparagraph (A), the Sec-
retary may not designate an area as critical habitat of a 
species, and any designation of critical habitat of a species 
shall not apply to an area, if the area is subject to—
‘‘(i) a habitat conservation plan under section 
10(a)(2) that the Secretary determines provides pro-
tection for habitat of the species that is substantially 
equivalent to the protection that would be provided 
by such designation; or 
‘‘(ii) a State or Federal land conservation pro-
gram that the Secretary determines provides protec-
‘‘(i) the direct, indirect, and cumulative eco-
nomic impacts of the designation, including consider-
ation of lost revenues to landowners and to the Fed-
eral Government 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.’’. 
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, and’’ 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) maintain, on a publicly accessible 
Internet page of the Department, Geo-
graphical Information System maps and 
coordinates of the area; and 
‘‘(II) include in each of the notices re-
quired under this subparagraph a reference 
to the Internet page referred to in sub-
clause (I).’’. 
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 by adding at the end the 
following: 
‘‘(D)(i) For purposes of subparagraph (A)(i)—
‘‘(I) the term ‘geographical area occupied by 
the species’ means the specific area currently used 
by the species for its essential behavioral patterns, 
including breeding, feeding, and sheltering; and 
‘‘(II) the term ‘essential to the conservation of 
the species’ means, with respect to a specific area, 
that the area has those physical or biological fea-
tures that are absolutely necessary and indispensable 
to conservation of the species concerned. 
‘‘(ii) For purposes of subparagraph (A)(ii), the term 
‘essential for the conservation of the species’ means, with 
respect to a specific area, that the area is absolutely nec-
essary and indispensable to conservation of the species 
concerned.’’.
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