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• National Council for Science and the Environment

Summary

The 108th Congress is considering various proposals to amend the Endangered Species Act of 1973 (ESA). Major issues in recent years have included incorporating further protection for property owners, increasing protection of listed species, changing the role of science in decision-making, reducing conflicts with Department of Defense activities, and changing the role of critical habitat, among others. The Clinton Administration made significant changes to ESA regulations, and many have advocated including these approaches in the law itself. <P> The ESA has been one of the more contentious environmental laws. This may stem from its strict substantive provisions, which can affect the use of both federal and nonfederal lands. Under the ESA, certain species of plants and animals (both vertebrate and invertebrate) are listed as either ÒendangeredÓ or ÒthreatenedÓ 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 may also be controversial because dwindling species are usually harbingers of resource scarcity issues. <P> The ESA is administered by the Fish and Wildlife Service (FWS) for terrestrial and freshwater species and some marine mammals, and by NOAA Fisheries for the remaining marine and anadromous species. The U.S. Geological SurveyÕs Biological Resources Division conducts research on species for which FWS has management authority; NOAA Fisheries conducts research on the species for which it is responsible. <P> 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. <P> In the 108th Congress, P.L. 108-108 provided FY2004 Interior appropriations of $265 million for programs related to endangered species. P.L. 108-136 amended the ESA to direct that critical habitat not be designated on military lands under certain conditions when 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> P.L. 108-137 prohibited 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. The Act also established an executive committee to oversee the ESA Collaborative Program associated with this situation. P.L. 108-148 authorized hazardous fuels reduction projects on BLM and national forest lands including those containing listed species habitat; directed that a healthy forests reserve program be established to promote the recovery of threatened and endangered species; and directed the Secretary of the Interior to provide assurances to landowners whose enrollment in the healthy forests reserve program results in new conservation benefits for ESA-listed species.<P>

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