Title: Critical Habitat Improvement Act
Policy area: Environmental Protection

Summary:
Critical Habitat Improvement Act
This bill revises requirements governing the designation of critical habitat for an endangered or threatened species. Habitats outside of the geographical area occupied by the species must have at least one physical or biological feature that is essential to the conservation of the species in order to be considered as a potential critical habitat.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5591 Introduced in House (IH)]

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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) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Endangered Species Act of 1973 to add requirements to the 
   designation of areas as critical habitats, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Critical Habitat Improvement Act''.

SEC. 2. REQUIREMENTS FOR CRITICAL HABITAT DESIGNATION.

    (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 within 
                        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 
                                conservation of such species; and
                                    ``(II) may require special 
                                management consideration or protection; 
                                or
                            ``(ii) the specific areas of habitat 
                        outside 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--
                                    ``(I) are essential for the 
                                continued survival of such species;
                                    ``(II) are able to sustain 
                                occupancy 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 making a critical 
        habitat designation under section 4(a)(3)(A)(i), the Secretary 
        shall identify with specificity the constituent elements of any 
        physical or biological features that form the basis for such 
        designation.''.
    (b) Priority for Designating Critical Habitat.--Section 4(a)(3) is 
amended at the end by adding the following:
                    ``(C) Priority for designating critical habitat.--
                The Secretary may not designate habitat outside the 
                geographical area occupied by the species as critical 
                habitat unless such designation is necessary to ensure 
                the continued survival of such species.''.
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