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Summary

The 107th Congress may consider whether to reauthorize and amend the Endangered Species Act of 1973 (ESA). Major issues in recent years have focused on whether to incorporate further protection for property owners and reduce regulatory impacts, whether to increase the protection afforded listed species, or whether to clarify various aspects of the Act, such as the role of science in decisionmaking. The Clinton Administration made significant changes to ESA regulations, and many have advocated including these changes in the law itself. The ESA has been one of the more contentious environmental laws. This may stem from the strict substantive provisions of this law, which can affect the use of both federal and non-federal lands. Under the ESA, certain species of plants and animals (both vertebrate and invertebrate) are listed as either "endangered" or "threatened" according to assessments of the risk of their extinction. Once a species is listed, powerful legal tools are available to aid the recovery of the species and the protection of its habitat. The ESA is administered by the Fish and Wildlife Service (FWS) for terrestrial and freshwater species and some marine mammals, and by the National Marine Fisheries Service (NMFS) for marine and anadromous species. The U.S. Geological Survey's Biological Resources Division conducts research on species for which the FWS has management authority. The authorization for spending under ESA expired on October 1, 1992. The prohibitions and requirements of the ESA have remained in force, even in the absence of an authorization, and funds were appropriated to implement the administrative provisions of the ESA in each subsequent fiscal year. The Senate Environment Subcommittee on Fisheries, Wildlife, and Water has held an oversight hearing on the ESA listing and delisting process. The House Committee on Resources has held several hearings on the role of science in ESA proceedings, and H.R. 4840 was reported (amended) on October 15, 2002. Other hearings have been held by House and Senate committees on specific issues, and additional hearings are anticipated. In the 107th Congress, a number of bills have been introduced to address specific issues, while two bills (S. 911 and H.R. 4579) have been introduced to deal comprehensively with reauthorization and a host of ESA issues. On the international side, reauthorizations for the African Elephant Conservation Act (P.L. 107111, the Rhinoceros and Tiger Conservation Act of 1994 (P.L. 107-112), and the Asian Elephant Conservation Act (P.L. 107-141) were enacted. Additional measures have been introduced to increase protection for cranes (S. 2847) and marine turtles (S. 2897).

Related Legislation:
• H.R.4840
• S.911
• H.R.4579
• S.2847
• S.2897

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