The agencies that implement the Endangered Species
Act (ESA) regard the designation of critical habitat (CH) as providing only very limited benefits
beyond those achieved through the listing of species and the avoidance of jeopardy to them. Several
courts have now held that the relevant regulation and interpretation that result in this conclusion are
erroneous and do not carry out the intent of Congress. H.R. 1299 in the 109th Congress
would change the definition of CH and move the time at which critical habitat must be designated
for a species from being (basically) concurrent with the listing of the species to the earlier of either
three years after listing or one year after approval of a recovery plan for that species. This report
provides background for considering agency regulations and current legislative proposals on CH, and
may be updated as circumstances warrant.