Endangered Species Act (ESA)

The Endangered Species Act is 45 years old and has a 3 percent recovery rate. It is far past time that we bring the ESA into the 21st Century. Congress last reauthorized the Endangered Species Act (ESA) in 1988. With the creation of new technologies like iPhones and the World Wide Web as well as a willingness to be part of the solution from States and local communities who have suffered unintended consequences of the Act, there are important improvements that should be made for the betterment of plants, animals and stakeholders.

With a 3% recovery rate over 45 years, the ESA need to be modernized to better protect species, and to treat property owners, states and local stakeholders as partners rather than obstacles. ESA listings, de-listings, and critical habitat decisions impact our animals, our plants, our economy, our public health, our safety and our property rights. Defined recovery goals must be established to ensure species are removed from the list when desired population levels are met. Strengthening the Act should also include requiring actual science that is standardized, transparent and publicly available in order to make better policy decisions. The final key to improving recovery rates for plants and animals is empowering states and affected stakeholders to be part of the solution. Western Caucus Members have put forth substantive solutions to curb abuse, protect the interests of local communities and strengthen the original intent of the ESA.

Western Caucus Bipartisan ESA Modernization Package

7/12 Member & Stakeholder Forum & Press Conference
Pictures and More Information

Panelists

Panel 1

• Ryan Yates, American Farm Bureau Federation
• Jordan Smith, National Endangered Species Act Reform Coalition
• Kathleen Sgamma, Western Energy Alliance
• Sam McDonald, Independent Petroleum Association of America
• Janelle Lemen, National Rural Electric Cooperative Association
• Myron Ebell, Competitive Enterprise Institute

Panel 2

• Richard Ranger, American Petroleum Institute
• Courtney Briggs, National Association of Home Builders
• Stefanie Smallhouse, Arizona Farm Bureau Federation
• Rick Manning, Americans for Limited Government
• Ian Lyle, National Water Resources Association
• Ron McMurray, American Exploration & Mining Association
  

Quotes from Select Letters of Support on this Package:

American Farm Bureau Federation:
“On behalf of the nearly 6 million Farm Bureau member families across the United States, I commend you and your colleagues for your leadership in the development of common-sense modifications to improve the Endangered Species Act (ESA)...Despite the fact that the ESA was enacted to promote the public good, farmers and ranchers bear the financial brunt of providing food and habitat for listed species through restrictions imposed by the ESA. Society expects that listed species be saved and their habitats protected, but this cost falls on the landowner upon whose property a species is found. Farmers follow the law. Because of this, they need straight lines with respect to regulatory requirements as blurry lines bring uneasiness... The American Farm Bureau Federation strongly supports these bills and we look forward to working with you on these important legislative proposals.”

National Association of Home Builders:
“These bills would make needed improvements to the ESA that would benefit species, landowners and the federal agencies charged with enforcing the law. We are pleased that these bills make positive changes to the listing and delisting process, address the backlog of species petitions, encourage consultation with the states and codify voluntary conservation programs. It would also create programs that would provide more flexibility and reduces costs for landowners. These modifications are a great first step towards improving the functionality of the ESA because it provides clarity and certainty for the regulated community while continuing to protect our nation’s most vulnerable species.”

National Association of Conservation Districts:
“The Endangered Species Act (ESA) must be modernized, and voluntary conservation plays an important role in achieving this. The ESA legislative package the Congressional Western Caucus has announced this week emphasizes the needs of communities impacted by listings and focuses on scientific consensus rather than a politically-driven agenda. NACD supports this package requiring the federal government to work with all public and private partners, including conservation districts and tribal governments, involved in managing the critical habitat for listed species.”

National Rural Electric Cooperative Association:
“NRECA strongly supports efforts by the Congressional Western Caucus to improve the Endangered Species Act through a series of targeted updates to the statute and its implementation. The Caucus’ package of bills will continue to protect threatened and endangered species, while providing flexibility and greater regulatory certainty and encouraging voluntary conservation efforts as a cost-effective means of achieving Endangered Species Act goals. These improvements will bring greater efficiencies and help reduce electric cooperatives’ costs of building and maintaining critical infrastructure that serves one in eight Americans.”

National Association of Counties (NACo):
“If enacted, the bills drafted by the Western Caucus’ membership would greatly improve how the federal government protects species and conserves their habitat. Counties strongly support provisions in the draft bills that ensure greater consultation and coordination with state and local governments in the development of listing decisions and species recovery goals. State and local governments serve as important partners with the federal government in resource and wildlife management decisions and employ individuals with scientific training who can assist the federal government in developing management plans. Species listing and recovery decisions should be based on the best available scientific data and consistent, reliable timelines. Counties have also developed data that can assist our federal partners in species conservation plans, and we encourage the federal government to use this data where available. Since state and local governments serve as reliable partners in wildlife and habitat management, we should also participate in threatened and endangered species recovery efforts.”

American Petroleum Institute:
“The bills being brought forward by the Western Caucus can make an important contribution to effective and balanced improvements to the ESA for the benefit of species populations and management of wildlife resources. The oil and natural gas industry is committed to the conservation of species, which can be done in concert with the production of U.S. oil and natural gas. It is also clear that producing the energy that we rely upon to fuel our economy has been a proven tool for job creation, economic stimulation, federal revenues and national security. We applaud the Western Caucus shining a light on this important issue in the West and all across the United States. We look forward to working with you and members of the Caucus to forward the legislation the Caucus is promoting moving forward.”

National Endangered Species Act Reform Coalition (NESARC):
“NESARC and its members are committed to promoting effective and balanced legislative and administrative improvements to the ESA that support the protection of fish, wildlife, and plant populations as well as responsible land, water, and resource management. The bills being championed by you and your colleagues speak directly to the longstanding need to address problems with the ESA, a law that has not been substantively updated in nearly three decades. They would make significant improvements to the law that are critical to the success of the law’s intent -- to protect and recover imperiled species and the ecosystems upon which they depend.”

American Exploration & Mining Association:
“The U.S. Fish and Wildlife Service and the National Marine Fisheries Service spends more of its resources on ESA paperwork and litigation then providing on-the-ground conservation of species and their habitat. The lack of effectiveness of the ESA is clear in that only about 2% of listed species have actually been recovered.”

Independent Petroleum Association of America:
“IPAA represents nearly 7,000 independent oil and gas explorers and producers that want to ensure species and their ecosystems are preserved for future generations. IPAA members are participants in federal, state and private efforts to project and conserve endangered or threatened species. More specifically, IPAA’s members have enrolled millions of acres in conservation plans and committed tens of millions of dollars to fund habitat conservation and restoration programs. The package includes many measures that would be of interest to IPAA. In particular, IPAA was engaged with a coalition to petition to delist the American Burying Beetle. The 12-month finding for this was due by August 8, 2016. Nearly two years later, no determination has been made.”

American for Limited Government:
“The United States has been blessed with an abundance of natural resources including energy to power the U.S. economy and farmland feed the people. The Endangered Species Act should not be used to bludgeon communities into submission. Americans for Limited Government want to thank the Western Caucus for taking this bold action to rein in an out of control federal government and return power to the local people on the ground. It is important for all Members of Congress to support the legislative package.”

Western Energy Alliance:
“Congress can also improve implementation of the ESA by allowing FWS to utilize its limited resources in the most efficient manner possible. Currently, resources are tied up responding to bulk petitions submitted by activist organizations with the specific goal of suing FWS when it unsurprisingly fails to meet the rigid deadlines of the law. The PETITION and LIST Acts would allow the Service to prioritize and respond to the backlog of petitions without the constant threat of legal action, thereby ensuring reviews are conducted in a thorough and accurate manner while enabling resources to be transferred from legal defense to species recovery. Finally, the designation of critical habitat can be and has been used as a tool to limit economic development rather than primarily focused on species protection. The WHOLE Act would reorient critical habitat designations to the original intent of the Act by allowing for mitigation offsets of critical habitat disturbance in non-critical areas, which would ensure.”

Agribusiness & Water Council of Arizona:
“Our members want nothing more than to see endangered species recovered and delisted or more importantly, protected in advance to prevent listing in the first place. We feel this can be done without negatively impacting our economy and putting people out of business. Our members desire transparency, regulatory certainty, input and management at the local level; most importantly, they want to see the 800-pound litigation gorilla taken out of the driver’s seat.”

Arizona Farm Bureau Federation:
“After nearly four decades in existence, species recovery under the ESA has been dismal. In fact, only 3 percent of identified species have been successfully delisted in that time. Furthermore, the protections for 1,661 domestic species come at a cost of $1.47 billion annually (FY 2016). These statistics indicate the critical need for meaningful reforms the ESA. Arizona is currently home to 37 animal species listed as threatened or endangered. Given the nature of farming and ranching, many of these species impact working lands. Farmers and ranchers want to do their part to help preserve listed species and have a vested interest in implementing sustainable conservation efforts on their land. However, the ESA in its current form fails to provide meaningful land owner incentives for species conservation and instead imposes regulatory burdens that result in land use restrictions.”

National Association of Counties (NACo):
“If enacted, the bills drafted by the Western Caucus’ membership would greatly improve how the federal government protects species and conserves their habitat. Counties strongly support provisions in the draft bills that ensure greater consultation and coordination with state and local governments in the development of listing decisions and species recovery goals. State and local governments serve as important partners with the federal government in resource and wildlife management decisions and employ individuals with scientific training who can assist the federal government in developing management plans. Species listing and recovery decisions should be based on the best available scientific data and consistent, reliable timelines. Counties have also developed data that can assist our federal partners in species conservation plans, and we encourage the federal government to use this data where available. Since state and local governments serve as reliable partners in wildlife and habitat management, we should also participate in threatened and endangered species recovery efforts.”

Quotes from our Members supporting the Package:

Western Caucus Chairman Paul Gosar (AZ-04) said, "15 Members of Congress, 12 panelists, nine bills, and a combined thousands of hours of experience dealing with the Endangered Species Act at all levels. That's what we put on display today when we introduced our ESA modernization package and held a packed Legislative Forum and press conference. We showed everyone that Congress can come together to scope out a problem, listen and learn from affected parties, set out clear principles, devise bipartisan proposals and introduce them in a show of unity. Just one of those is usually enough to derail a Congressional effort, so I am very proud of this group of Members for coming together and unveiling a package of smart, targeted, thoughtful modernization amendments to the Endangered Species Act of 1973. My friend and Democratic Caucus Member from Oregon Kurt Schrader even came onboard to cosponsor the LOCAL and WHOLE Acts - and he tells me he's reviewing the other bills closely to see how they read to him. I challenge all Members, advocacy and industry groups and media observers to follow Rep. Schrader's lead and look closely at what we've proposed here, to consider carefully the testimony of millions of Americans as to the longstanding and fixable failures of the ESA to conserve species and balance interests appropriately - to do all of that, and then tell me you can't come onboard with our effort."

House Natural Resources Chairman Rob Bishop (UT-01) stated, “We’re all aware that the Endangered Species Act hasn’t undergone any significant updates in over 40 years. Neither endangered species, nor the American people, are benefited by this lack of modernization. It’s past time for reform. The law needs to be updated to ensure it maintains its original intent and focus of species recovery and not simply serve as a tool for endless litigation. The Committee has worked for many years to put the ESA back on the right track. Now is the time to modernize this antiquated law to simultaneously benefit both endangered species and the American people.”

Executive Vice Chairman Scott Tipton (CO-03) stated, “The most effective approach to species recovery and conservation is through proactive localized efforts that take into account the unique landscape, habitat and ecological conditions of an area. When empowering those who have their boots on the ground every day to lead these critical conservation and recovery efforts, we can best assure the health and success of the species. The LOCAL Act would engage non-federal landowners, incentivize voluntary conservation efforts, and assist local communities in drafting and implementing conservation plans for threatened and endangered species. I urge my colleagues who want to be proactive about conservation and species recovery, rather than reactive, to support this bill and the Endangered Species Act modernization package as a whole.”

Chief Infrastructure and Forestry Officer Bruce Westerman (AR-04) said, “It is long past time that we reform the Endangered Species Act. In the more than 40 years since its introduction and passage, much has changed in our nation and its environment, but the law has not kept up with the evolving realities of the 21^st Century. The PETITION Act would give the Interior Secretary the tools necessary to prevent frivolous lawsuits from stopping the work of the Fish and Wildlife Service, while ensuring more resources are available to protect truly endangered species. I thank my colleagues from the Congressional Western Caucus for their leadership on this issue and I look forward to our collective efforts to modernize an important piece of American law.”

Chief Regulatory Reform Officer Andy Biggs (AZ-05) stated, “I thank Chairman Gosar and Chairman Bishop for their leadership on the Endangered Species Act modernization package. This action is long overdue, and will help millions of Americans around the country by protecting local interests – not special interests. As a part of this package, I introduced the LIST Act, which makes a number of improvements to bring the ESA up-to-date. Most notably, the LIST Act authorizes the Secretary of the Interior to de-list species when he receives an objective, measurable, and scientific study demonstrating a species has recovered. This will allow us to focus resources to protect species that actually need it. I support all of the bills introduced today, and I look forward to their movement through Congress.”

Chairman Emeritus Steve Pearce (NM-02) stated, “This bill would simply require the federal government to consult with states before making a listing decision under the Endangered Species Act (ESA). Recent listings under the ESA have lacked adequate consultation and communication with the states who have these animals. Lack of communication is a lost opportunity for the Fish and Wildlife Service to utilize state expertise and information on species under review. Decisions to list species under the ESA often have serious adverse economic consequences, which is why the federal government should review all relevant information before making a decision. The EMPOWERS Act will help prevent rushed decisions that hurt local economies. Improvements must be made to the substance of listing decisions, and I look forward to working with my colleagues to move this commonsense bill forward.”

Vice-Chairman for Indian Affairs and Oceans Don Young (AK-At Large) said, “The Endangered Species Act (ESA) has been weaponized and misused by environmental groups for too long. I am pleased to be part of the Western Caucus’ efforts to reign in the ESA, and to sponsor the Localizing Authority of Management Plans (LAMP) Act. This legislation, along with other bills introduced today by my colleagues, will work to truly modernize the ESA and return the focus of the law to its original intent of species conservation and recovery.”

Congressman Mike Johnson (LA-04) said, “The ESA has been exploited for decades placing unnecessary burdens on our nation’s hard-working farmers and ranchers. And while protecting wildlife and their habitats is of the utmost importance, the agriculture community is already proactively and heavily involved in conservation programs that implement critical protections for both. My bill helps modernize the ESA so we can continue to protect endangered species and let our farmers and ranchers get back to what they do best - providing a safe, sustainable food source for the American people.”

Congressman Ralph Norman (SC-05) said, “I am happy to join my colleagues of the Western Caucus in support of the Endangered Species Act Modernization Package of Legislation, which makes necessary and common-sense updates to the Endangered Species Act. These bills continue to ensure protects for endangered species and successful species conservation, while increasing transparency, bringing accountability to the decision making process, and including States and local governments in the efforts to protect species. Importantly I am proud to have introduced the PREDICTS Act, which codifies the 'No Surprises' regulation and provides for greater certainty and improved planning for incidental take permit holders and landowners entering into agreements to improve the status and recovery of at-risk and listed species.”

House Committee on Energy and Commerce Chairman Greg Walden (OR-02) stated, “We’ve seen time and again the impact of Endangered Species Act listings on communities across rural Oregon. Too often, the ESA decision making process has ignored local input and science on the ground. It’s past time to bring greater transparency to this process, and recognize and reward the contributions our farmers, ranchers, and other private land owners make towards improving habitat. By making common-sense changes to modernize the ESA, we can protect the livelihoods of Oregonians and people across the rural West, while still achieving the goal I share with all Americans of recovering endangered species. These bills are an important step towards achieving those results.”

Congresswoman Debbie Lesko (AZ-08) said, “As a cosponsor of the LIST Act, I am proud to be a part of this reform package championed by the Western Caucus. This bill allows the Secretary of the Interior to remove certain species from the endangered list when scientific evidence shows the species has recovered. Recovery has always been the primary goal of the Endangered Species Act, and this bill will allow more time and resources to go back into protecting the species that need help the most. The current Endangered Species Act is outdated and reforms are needed to achieve these outcomes.  Thank you to my colleague, Congressman Andy Biggs, for introducing this commonsense measure.”

Congressman Greg Gianforte (MT-At Large) stated, "Montanans have a deep respect for and appreciation of our lands and the wildlife that occupy them. Montanans believe we can support multiple use of lands while conserving species. Unfortunately, environmental extremist groups have distorted the Endangered Species Act from its original intent and use it to unnecessarily shut down needed projects throughout Montana. Today’s package of bills offers us an opportunity to modernize the ESA with targeted reforms that will encourage greater input from leaders on the ground, spur partnerships between communities to preserve habitats, and bring some common sense back to protecting endangered species."

Congressman Markwayne Mullin (OK-02) said, “For over 40 years, the Endangered Species Act has created burdensome red tape and unnecessary obstacles for landowners, small businesses, and communities to comply with, all without making species any safer from extinction.  With the introduction of these nine bills, Congress has an opportunity to modernize the Endangered Species Act by increasing transparency in the listing and delisting process as well as giving states a seat at the table when discussing in-state conservation efforts.  I look forward to the House’s consideration of these bills in order to streamline the Department of Interior’s conservation efforts in a practical, responsible way.”

Congressman Doug LaMalfa (CA-01) said, “While the Endangered Species Act was signed into law over 40 years ago to protect and recover vulnerable species, only 2% of species listed as endangered have been fully recovered. That is far from a desirable success rate, and it’s clear that reforms are needed. For example, the Gray Wolf and Valley Elderberry Longhorn Beetle are two species in my district that have been on the endangered species list for nearly 40 years. Despite overwhelming evidence that these species have recovered, environmental groups threaten litigation to hamstring the recovery and delisting process. The ESA was never intended to be used a tool for activist attorneys to use to sue the government as a business plan. It’s about time we update and modernize the ESA to implement a more practical approach to managing and recovering endangered species. This way, hardworking Americans, businesses, and our wildlife will all benefit.”

Congressman Kevin Cramer (ND-At Large) said, “The stream of frivolous lawsuits we’ve seen aimed at exploiting the Endangered Species Act has crippled its ability to protect the interests of both species and people. We are taking a careful approach to reform with the goals of common sense species protection and transparency. These changes are significant and reasonable steps towards ensuring private property rights and economic livelihood of North Dakotans are respected.”

Congressman Ron Estes (KS-04) said, “This package addresses a long overdue need to modernize the Endangered Species Act,” said Rep. Ron Estes. “I am especially encouraged by an included initiative to count voluntary conservation efforts toward endangered species listings, including the Lesser Prairie Chicken. Recently, the Fish and Wildlife Service restarted efforts to list the Lesser Prairie Chicken as a threatened species under the Endangered Species Act, despite millions of dollars in conservation efforts from Kansas farmers and ranchers through the range-wide plan. As someone who learned the importance of conservation of land and wildlife not from government, but from growing up on a farm in rural Kansas, I am glad this package will allow voluntary conservation efforts to be recognized when determining future endangered species listings.”

Congressman Roger Marshall (KS-01) stated, "The heartland and at-risk species benefit most when conservation efforts work hand-in-hand with landowners. The Endangered Species Act was created 45 years ago and has only achieved recovery for about 2 percent of the listed threatened species – with that track record, seeking improvements to the Act should be a no-brainer. As an avid outdoorsman, I’ve seen first-hand the success of public and private dollars working with landowners to rebuild and preserve habitats for our Lesser Prairie Chicken (LPC) – without the bird being a listed species. On-the-ground conservation efforts, along with a little cooperation from Mother Nature has increased the LPC population by almost 71 percent since the 2013 drought. While there is still more that we can and should do, a top-down ESA approach only threatens conservation and is proven to be ineffective, that’s why I am a proud cosponsor of the Western Caucuses Endangered Species Act Modernization Package. Local personnel have the greatest resources and knowledge of our wildlife needs, not Washington D.C." 

Congressman Doug Collins (GA-09) said, “Northeast Georgia is well known for its impressive lakes, mountains, flora and fauna. Like many in our region, I support conservation efforts to preserve these natural resources. Unfortunately, some of our laws—particularly the Endangered Species Act—have failed to live up to their purpose. The ESA has too often been weaponized by special interest groups, wasting taxpayer resources and needlessly burdening Americans without accomplishing its intended goal of recovering vulnerable species. The ESA reforms ushered in by the Western Caucus today would make commonsense updates to the law and allow communities to enhance their conservation efforts in order to protect wildlife more thoughtfully, and I welcome them.”