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U.S. GOVERNMENT
INFORMATION
Gp
108TH CONGRESS REPORT
2d Session HOUSE OF REPRESENTATIVES 108-786
CRITICAL HABITAT REFORM ACT OF 2004
NOVEMBER 19, 2004.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. POMBO, from the Committee on Resources,
submitted the following
REPORT
together with
DISSENTING VIEWS
[To accompany H.R. 2933]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 2933) to amend the Endangered Species Act of 1973 to re-
form the process for designating critical habitat under that Act,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the Critical Habitat Reform Act of 2004.
SEC. 2. DESIGNATION OF CRITICAL HABITAT; STANDARD.
(a) IN GENERAL.-Section 4(a) of the Endangered Species Act of 1973 (16 U.S.C.
1533(a)) is amended-
(1) by redesignating subparagraph (B) of paragraph (3) as paragraph (4);
(2) in paragraph (4) (as so redesignated)-
(A) by striking (i) and inserting (A);
(B) by striking (ii) and inserting (B); and
(C) by striking (iii) and inserting (C); and
(3) by amending paragraph (3) to read as follows:
(3)(A)(i) The Secretary shall, by regulation promulgated in accordance with sub-
section (b) and to the maximum extent practicable, prudent, and determinable, issue
a final regulation designating any habitat of the species determined to be an endan-
gered species or threatened species that is critical habitat of the species.
(ii) The Secretary shall make any designation required under clause (i) by not
later than one year after the final approval of a recovery plan for the species under
section 4(f), or 3 years after the date of publication of the final regulation imple-
39-006](ViewImageLocal?handle=hein.congrecreports/crptxiht0001&div=1&collection=&method=preview&ext=.png&size=3)