Sec. 202. Designation of critical habitat
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/bill/118/hr/9533/rh/section-202·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 4(a)(3) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(a)(3) ) is amended by adding at the end the following: The Secretary may not designate as critical habitat under subparagraph
(A)any privately owned or controlled land or other geographical area that is subject to a land management plan that— the Secretary determines is similar in nature to an integrated natural resources management plan described in section 101 of the Sikes Act ( 16 U.S.C. 670a ); is prepared in cooperation with the Secretary and the head of each applicable State fish and wildlife agency of each State in which such land or other geographical area is located; or is submitted to the Secretary in a manner that is similar to the manner in which an applicant submits a conservation plan to the Secretary under section 10(a)(2)(A); includes an activity or a limitation on an activity that the Secretary determines will likely conserve the species concerned; the Secretary determines will result in— an increase in the population of the species concerned above the population of such species on the date that such species is listed as a threatened species or an endangered species; or maintaining the same population of such species on the land or other geographical area as the population that would likely occur if such land or other geographical area is designated as critical habitat; and to the maximum extent practicable, will minimize and mitigate the impacts of any activity that will likely result in an incidental taking of the species concerned. . Section 4(b)(2) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(b)(2) ) is amended in the first sentence by inserting the impact on existing efforts of private landowners to conserve the species, after impact on national security, .
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