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Summary

The 108th Congress is considering various measures proposing to 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 modify various aspects of the ESA, such as the role of science in decision-making. The Clinton Administration made significant changes to ESA regulations, and many have advocated including these changes in the law itself. The 108th Congress has been focusing specific attention on the role of science in ESA decision-making and on whether the ESA should be modified in the context of Department of Defense activities. 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, now NOAA Fisheries) 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 the ESA expired on October 1, 1992. The prohibitions and requirements of the ESA remain in force, even in the absence of an authorization, and funds have been appropriated to implement the administrative provisions of the ESA in each subsequent fiscal year. In the 108th Congress, P.L. 108-108 provided FY2004 Interior appropriations of about $265 million for endangered species. P.L. 108-136 amended the ESA to provide that critical habitat will not be designated under certain conditions where Integrated Natural Resources Management Plans are in effect, addressed how water consumption at Fort Huachuca, AZ, is to be considered under the ESA, and created a task force to resolve ESA conflicts at Barry M. Goldwater Range, AZ. P.L. 108-137 prohibited the use of FY2004 or earlier funds to reduce water deliveries under existing contracts for ESA compliance for the silvery minnow on the Middle Rio Grande River unless water is obtained from a willing seller or lessor and established an executive committee to oversee the ESA Collaborative Program associated with this situation. P.L. 108-148 authorized the Secretary of Agriculture (national forest lands) and the Secretary of the Interior (BLM lands) to conduct hazardous fuels reduction projects on lands that contain threatened and endangered species habitat; directed the Secretary of Agriculture to establish a healthy forests reserve program to promote the recovery of threatened and endangered species; and directed the Secretary of the Interior to provide safe harbor under the ESA to landowners who enroll in the healthy forests reserve program when such enrollment will result in new conservation benefits for ESA-listed species.

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