Section 1 Short title
This Act may be cited as the “Critical Habitat Improvement Act”.
Critical Habitat Improvement Act
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.
Sec. 2 Requirements for critical habitat designation
Definition of critical habitat— Section 3(5) of the Endangered Species Act of 1973 (16 U.S.C. 1532(5)) is amended—
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.”
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.”
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.”