Sec. 2. Endangered Species Act of 1973 definitions
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The final rule titled Endangered and Threatened Wildlife and Plants; Regulations for Listing Species and Designating Critical Habitat (84 Fed. Reg. 45020; published August 27, 2019) shall have the force and effect of law with respect to the use of the term foreseeable future . 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: For the purposes of designating critical habitat under this Act, the term habitat means the abiotic and biotic setting that currently or periodically contains the resources and conditions necessary to support 1 or more life processes of a species. .
Section 7(a) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(a) ) is amended by adding at the end the following: For the purposes of carrying out a consultation under this section with respect to a threatened species or an endangered species, the term environmental baseline — means the condition of the species or the critical habitat of the species in the action area, without the consequences to the species or the critical habitat of the species caused by the proposed action; and includes— the past and present effects of all Federal, State, and private actions and other human activities in the action area; the anticipated effects of each proposed Federal project within the action area for which a consultation under this section has been completed; the effects of State and private actions that are contemporaneous with the consultation in process; and the ongoing impacts to listed species or designated critical habitat from existing facilities or activities that are not caused by the proposed action or that are not within the discretion of the Federal action agency to modify. .
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- 84 FR 45020
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