Sec. 304. Designation of critical habitat
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Section 4(a)(3)(A) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(a)(3)(A) ) is amended to read as follows: The Secretary, by regulation promulgated in accordance with subsection
(b)and to the maximum extent prudent and determinable— shall, concurrently with making a determination under paragraph
(1)that a species is an endangered species or a threatened species, designate any habitat of such species which is then considered to be critical habitat; and may, from time-to-time thereafter as appropriate, revise such designation. The Secretary may determine, based on the best scientific data available, that it is not prudent to designate habitat as described in clause (i)(I) for a species, including if the Secretary determines— the species is determined under paragraph
(1)to be a threatened species or an endangered species because of take or other human activity and such designation will increase the degree of such take or other human activity; the species is determined under paragraph
(1)to be a threatened species or an endangered species because of a factor— other than that described in subparagraph
(A)of that paragraph; or that cannot be addressed through reasonable and prudent alternatives resulting from consultations carried out pursuant to section 7(a)(2); or the species primarily occurs in areas not under the jurisdiction of the United States and areas under the jurisdiction of the United States where the species occurs provide no more than a negligible conservation value to the species. Notwithstanding clause (i)(I), if the Secretary determines under clause
(ii)that it is not prudent to designate habitat as described in clause (i)(I), the Secretary is not required to so designate habitat for the species. . 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) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(b) ) is amended— in paragraph (2)— by inserting the impact on existing efforts of private landowners to conserve the species, after impact on national security, ; by striking The Secretary and inserting ; and The Secretary
(A)by adding at the end the following: In addition to any area otherwise considered by the Secretary for exclusion from critical habitat under subparagraph (A), the Secretary shall consider for exclusion from critical habitat any area— submitted by a person through public comment pursuant to paragraph
(5)or (6); and for which such submission includes credible information regarding a meaningful economic impact, impact on national security, impact on existing efforts of private landowners to conserve the applicable species, or other relevant impact of specifying the area as critical habitat that supports the exclusion from critical habitat of that area. ; in paragraph (5)(A)(i), by striking , and and inserting the following: , including, with respect to a proposed regulation to designate or revise critical habitat under subsection (a)(3)— a draft economic analysis that identifies any impacts on national security and existing efforts of private landowners to conserve the applicable species and other relevant impacts of the designation or revision that the Secretary determines are within the area proposed for designation or covered by the revision; and a draft exclusion analysis that identifies each area the Secretary has reason to consider for exclusion under paragraph
(2)and why; and ; and in paragraph (6)(A)— in clause (i)(II), by striking made, and inserting the following: made, including, with respect to such a final regulation— a final economic analysis that identifies any impacts on national security and existing efforts of private landowners to conserve the applicable species and other relevant impacts of the revision that the Secretary determines are within the area covered by the revision; and a final exclusion analysis that identifies each area the Secretary has determined under paragraph
(2)to exclude from such revision and why; ; and in clause (ii)(I), by striking , or and inserting the following: , including— a final economic analysis that identifies any impacts on national security and existing efforts of private landowners to conserve the applicable species and other relevant impacts of the designation that the Secretary determines are within the area proposed for designation; and a final exclusion analysis that identifies each area the Secretary has determined under paragraph
(2)to exclude from such designation and why; or .
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