Critical Habitat Reform Act of 2004

Bill: 108-hr-2933
Sponsor: Rep. Cardoza, Dennis A. [D-CA-18]
Introduced: 2003-07-25 in the House
Policy area: Public Lands and Natural Resources
Subjects: Administrative procedure
Animals
Cost effectiveness
Decision making
Department of the Interior
Economic impact statements
Economics and Public Finance
Electronic government information
Endangered species
Environmental Protection
Environmental assessment
Federal-Indian relations
Federal-local relations
Federal-state relations
Government Operations and Politics
Government paperwork
Government publicity
Habitat conservation
Indian lands
Internet
Landowners
Law
Licenses
Local budgets
Maps
Minorities
Native Americans
Science, Technology, Communications
State budgets
State laws
Surveys
Web sites
Wildlife conservation

Summary:
action_date: 2003-07-25
text: 
Critical Habitat Reform Act of 2003 - Amends the Endangered Species Act of 1973 to require the process for designating critical habitat to be practicable, economically feasible, and concurrent with the approval of a recovery plan for a species.
 
Prohibits the relevant Secretary (the Secretary of the Interior or the Secretary of Commerce) from designating an area as critical habitat of a species, and any designation of critical habitat of a species from applying to an area, if the area is subject to: (1) a habitat conservation plan that the Secretary determines provides protection for habitat of the species that is substantially equivalent to the protection that would be provided by such designation; or (2) a State or Federal land conservation program that provides such protection.
 
Directs the Secretary, in determining whether an area is critical habit, to seek and consider information from local governments in the vicinity of the area, including local resource data maps.
 
Specifies factors for consideration of the economic impact on landowners under the Act, including lost revenues and costs associated with preparing reports, surveys, and analyses.
 
Modifies the contents of the required notice of proposed designation of critical habit to include any municipality having administrative jurisdiction over the area in which the species is believed to occur.
 
Requires the Secretary, with respect to a regulation to designate or revise a designation of critical habitat, to: (1) maintain, on a publicly accessible Internet page of the relevant Department (Interior or Commerce), Geographical Information System maps and coordinates of the area; and (2) include in such notice a reference to the Internet page.

action_date: 2004-11-19
text: 
Critical Habitat Reform Act of 2004 - (Sec. 2) Amends the Endangered Species Act of 1973 (ESA) to require the relevant Secretary (the Secretary of the Interior or the Secretary of Commerce), to the maximum extent practicable, prudent, and determinable, to issue a final regulation designating critical habitat of endangered or threatened species within one year after final approval of a recovery plan for the species or three years after publication of the final regulation implementing the endangered or threatened species determination, whichever is earlier.
 
Requires the Secretary to reconsider any determination that designation of critical habitat of a species is not practicable or determinable during the next five-year review of endangered or threatened species or at the time of final approval of a recovery plan for the species.
 
Authorizes the Secretary to revise any designation of critical habitat.
 
Prohibits any designation of an area as critical habitat from applying with respect to actions authorized by: (1) a permit under ESA provisions authorizing the otherwise prohibited taking of listed species in certain circumstances where a habitat conservation plan has been submitted; (2) a written statement issued by the Secretary pursuant to a Federal agency consultation process; or (3) a land conservation or species management program of a State, Federal agency, federally recognized Indian tribe within the contiguous 48 States, or the Metlakatla Indian Community that the Secretary determines provides habitat protection substantially equivalent to the protection that would be provided by species designation.
 
(Sec. 3) Directs the Secretary, in determining whether an area is critical habit, to seek and consider information from State and local governments in the vicinity of the area, including local resource data and maps.
 
Specifies factors for consideration regarding the economic impact of critical habitat designation, including changes in revenues and costs associated with preparing reports, surveys, and analyses.
 
Requires the Secretary, in making such a designation, to first consider all areas known to be within the geographical area occupied by the species as determined by field survey data.
 
(Sec. 4) Modifies the contents of the required notice of proposed designation of critical habit to include any municipality having administrative jurisdiction over the area in which the species is believed to occur.
 
Requires the Secretary, with respect to a regulation to designate or revise a designation of critical habitat, to: (1) publish and maintain, on a publicly accessible Internet page of the relevant Department (Interior or Commerce), maps, coordinates, and field survey data of the area; and (2) include in such notice a reference to the Internet page.
 
(Sec. 5) Redefines &quot;critical habitat&quot; to mean those specific areas: (1) within the geographical area determined by field survey data to be occupied by the species at the time of critical habitat designation, on which are found those physical and biological features necessary to avoid jeopardizing the continued existence of (currently, essential to the conservation of) the species and which may require special management considerations or protections; and (2) areas not within such geographical area but essential for the survival of the species.


Legislative actions:
action_date: 2004-11-19
text: Placed on the Union Calendar, Calendar No. 480.
action_date: 2004-11-19
text: Reported (Amended) by the Committee on Resources. H. Rept. 108-786.
action_date: 2004-11-19
text: Reported (Amended) by the Committee on Resources. H. Rept. 108-786.
action_date: 2004-07-21
text: Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 14.
action_date: 2004-07-21
text: Committee Consideration and Mark-up Session Held.
action_date: 2004-04-28
text: Committee Hearings Held.
action_date: 2003-07-27
text: Executive Comment Requested from Interior.
action_date: 2003-07-25
text: Referred to the House Committee on Resources.
action_date: 2003-07-25
text: Introduced in House
action_date: 2003-07-25
text: Introduced in House