WASHINGTON, D.C. — U.S. Senator John Barrasso (R-WY), chairman of the Senate Committee on Environment and Public Works (EPW), released the Endangered Species Act Amendments of 2018 discussion draft. The discussion draft reauthorizes the ESA for the first time since 1992. The discussion draft emphasizes elevating the role of states and increasing transparency in the implementation of the Endangered Species Act (ESA). It also prioritizes resources to better meet its conservation goals and provides regulatory certainty to promote conservation and recovery activities.
“When it comes to the Endangered Species Act, the status quo is not good enough,” said Barrasso. “We must do more than just keep listed species on life support - we need to see them recovered. This draft legislation will increase state and local input and improve transparency in the listing process. It will promote the recovery of species and allow local economies to flourish. I have worked closely with the bipartisan Western Governors’ Association to draft a bill that works for endangered species and people alike.”
“I want to thank Governor Mead for his leadership on this important topic. Wyoming continues to be a leader of species protection and conservation. I will work with anyone who is committed to help the Endangered Species Act reach its conservation potential.”
Barrasso has worked with the Western Governors’ Association (WGA) in drafting the legislation. The bipartisan WGA has stated that the chairman’s discussion draft legislation is generally consistent with the WGA recommendations for modernizing the ESA and includes provisions inspired by the association’s Species Conservation and Endangered Species Act Initiative, led by Wyoming Governor Matt Mead. In a letter from the WGA, the association wrote of the draft bill:
“The Western Governors’ Association appreciates the Chairman’s willingness to productively engage with Governors, and that the Chairman has approached this polarizing topic in an inclusive, thoughtful manner. The proposed bill reflects this fact and offers meaningful, bipartisan solutions to challenging species conservation issues.”
The discussion draft legislation will:
- Elevate the role of state conservation agencies in species management;
- Increase transparency associated with carrying out conservation under the Act;
- Prioritize available resources for species recovery;
- Provide regulatory certainty for landowners and other stakeholders to facilitate participation in conservation and recovery activities;
- Require that listing of any species must also include recovery goals, habitat objectives, and other criteria established by the Secretary of Interior, in consultation with impacted states, for the delisting or downlisting of the species;
- Require that the satisfaction of such criteria must be based on the best scientific and commercial data available;
- Enable states the opportunity to lead recovery efforts for listed species, including through a species’ recovery team;
- Allow such a recovery team to modify a recovery goal, habitat objective, or other established criteria, by unanimous vote with the approval of the secretary of the Interior;
- Increase federal consultation with local communities;
- Improve transparency of information regarding the status of a listed species;
- Create a prioritization system for addressing listing petitions, status reviews, and proposed and final determinations, based on the urgency of a species’ circumstances, conservation efforts, and available data and information so that resources can be utilized in the most effective manner;
- Include studies on how to improve conservation efforts and to understand in greater depth the extent of resources being expended across the federal government associated with implementation of the act; and
- Reauthorize the ESA for the first time since its funding authorization expired in 1992.
Read the draft legislation here.
Read a section-by-section of the draft legislation here.
Letters Supportive of The Discussion Draft Bill, The Endangered Species Act Amendments of 2018:
Wyoming Association of Conservation Districts
Wyoming County Commissioners Association
Wyoming Department of Agriculture
Wyoming Department of Transportation
Wyoming Farm Bureau Federation
Wyoming Game and Fish Department
Wyoming Outfitters & Guides Association
Wyoming State Forestry Division
Wyoming Stock Growers Association
Wyoming Water Development Office
Wyoming Wool Growers Association
Petroleum Association of Wyoming
Agribusiness & Water Council of Arizona
Agricultural Retailers Association
Alabama Cattlemen's Association
American Association of State Highway and Transportation Officials
American Exploration & Production Council
American Farm Bureau Federation
American Forest Resource Council
American Highway Users Alliance
American Road & Transportation Builders Association
American Sheep Industry Association
American Sugarbeet Growers Association
Anadarko Petroleum Corporation
Arizona Cattle Growers' Association
Arizona Cattlemen's Association
Arizona Game and Fish Department
Arkansas Cattlemen’s Association
Associated General Contractors of America
Association of Fish and Wildlife Agencies
Association of Oregon Counties
Associated Builders and Contractors
Black Hills Forest Resource Association
Black Hills Regional Multiple Use Coalition
Buster D. Johnson, Mohave County Supervisor
California Cattlemen's Association
California Farm Bureau Federation
California Wool Growers Association
Campbell County Board of Commissioners
Colorado Cattlemen’s Association
Colorado Off-Highway Vehicle Coalition
Colorado Pork Producers Council
Colorado Snowmobile Association
Colorado Trails Preservation Alliance
Colorado Wool Growers Association
Court Boice, Curry County Commissioner
Deschutes Basin Board of Control
D.L. Wilson, La Paz County Supervisor
Elephant Butte Irrigation District
Federal Forest Resource Coalition
Florida Cattlemen’s Association
Florida Farm Bureau Federation
Florida Fruit & Vegetable Association
Florida Nursery, Growers & Landscape Association
Florida Strawberry Association
Garfield County, Colorado Board of County Commissioners
Hawaii Cattlemen’s Council, Inc.
Healthy Forests, Healthy Communities
Idaho Water Users Association, Inc.
Independent Petroleum Association of America
Indiana Beef Cattle Association
Intermountain Forest Association
John Koenig, Chairman of the Nye County Board of County Commissioners
Jean Bishop, Mohave County Supervisor, District 4
Karen Budd-Falen, Budd-Falen Law Offices, LLC
Klamath County Board of County Commissioners
Klamath County Chamber of Commerce
Klamath Water Users Association
Lake Havasu Area Chamber of Commerce
Land Conservation Assistance Network
Little Snake River Conservation District
Louisiana Cattlemen’s Association
Mesa County, Colorado Board of County Commissioners
Michigan Bear Hunters Association
Michigan Cattlemen’s Association
Michigan Hunting Dog Federation
Michigan United Conservation Clubs
Midwest Association of Fish and Wildlife Agencies
Minnesota State Cattlemen’s Association
Mississippi Cattlemen’s Association
Mississippi Department of Agriculture and Commerce
Missouri Cattlemen's Association
Montana Stockgrowers Association
Montana Wood Products Association
Montana Wool Growers Association
National Aquaculture Association
National Asphalt Pavement Association
National Association of Conservation Districts
National Association of Counties
National Association of Home Builders
National Association of Realtors
National Association of State Departments of Agriculture
National Association of State Foresters
National Cattlemen’s Beef Association
National Endangered Species Act Reform Coalition
National Federation of Independent Business
National Grazing Lands Coalition
National Ready Mixed Concrete Association
National Stone Sand and Gravel Association
National Water Resources Association
National Wild Turkey Federation
Nevada Cattlemen’s Association
New Mexico Association of Conservation Districts
New Mexico Cattle Growers Association
North Carolina Wildlife Resources Commission
North Dakota Game and Fish Department
North Dakota Stockmen's Association
Off-Road Business Association, Inc.
Oklahoma Department of Wildlife Conservation
One Voice for Off-Road Motorized Recreation
Orange Cove Irrigation District
Oregon Cattlemen's Association
Oregon Dairy Farmers Association
Oregon Water Resources Congress
Senator Eli Bebout, President, State of Wyoming Senate
South Carolina Cattlemen’s Association
South Carolina Department of Natural Resources
South Dakota Cattlemen’s Association
South Dakota Department of Game, Fish and Parks
South Dakota Department of Transportation
Southeastern Association of Fish & Wildlife Agencies
Tennessee Wildlife Resources Agency
Texas Cattle Feeders Association
Texas Parks and Wildlife Department
Texas & Southwestern Cattle Raisers
United Water Conservation District
Upper Peninsula Bear Houndsmen’s Association
Upper Peninsula Sportsmen’s Alliance
U.P. Whitetails Association of Marquette County
Virginia Cattlemen’s Association
Washington Cattlemen’s Association
Western Association of Agricultural Experiment Station Directors
Western Association of Fish and Wildlife Agencies
Western Council of Agriculture Research, Extension and Teaching
Western Extension Directors Association
Western Governors' Association
Western Land Grant University Deans of Agriculture
Yuma County Water Users' Association
Background Information:
On February 15, 2017, the EPW Committee held an oversight hearing titled “Modernization of the Endangered Species Act (ESA).” The hearing focused on the need to modernize the ESA in order to improve recovery rates and examining ways to lead to the eventual delisting of recovered species.
On April 26, 2017, congressional staff received a briefing from state officials titled “State Perspectives: Modernization of the Endangered Species Act.” The briefing highlighted the bipartisan efforts currently underway by the Western Governors’ Association and the Association of Fish & Wildlife Agencies to identify opportunities to modernize the Endangered Species Act.
On May 10, 2017, the Senate Committee on Environment and Public Works (EPW) held an oversight hearing titled “Conservation, Consultation, and Capacity: State Views on the Need to Modernize the Endangered Species Act.” The purpose of this hearing was to hear from state officials on their roles and capacities in species conservation. The hearing examined state’s views on the need to strengthen and modernize the Endangered Species Act, including its effectiveness in incentivizing conservation, facilitating federal-state consultation, and ensuring adequate capacity. The hearing assessed ways to best help the Endangered Species Act meet its conservation potential.
At both hearings and the staff briefing, the EPW Committee considered the views of wide cross section of state officials, impacted individuals, environmental groups, and other stakeholders from across the country. Their feedback and testimony highlighted opportunities to modernize the ESA so it works better for species and for people, and so it better achieves its full conservation potential.
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