Eugene
H. Buck
Specialist in Natural Resources Policy
M. Lynne Corn
Specialist in Natural Resources Policy
Kristina Alexander
Legislative Attorney
Pervaze A. Sheikh
Specialist in Natural Resources Policy
Robert Meltz
Legislative Attorney
The Endangered Species Act (ESA; P.L. 93-205, 16 U.S.C.
§§1531-1543) was enacted to increase protection for, and provide for the
recovery of, vanishing wildlife and vegetation. Under ESA, species of
plants and animals (both vertebrate and invertebrate) can be listed as
endangered or threatened according to assessments of their risk of
extinction. Habitat loss is the primary cause for listing species. Once a
species is listed, powerful legal tools are available to aid its recovery and
protect its habitat. Accordingly, when certain resources are associated with
listed species— such as water in arid regions like California, old growth
timber in national forests, or free-flowing rivers—ESA is seen as an
obstacle to continued or greater human use of these resources. ESA may
also be controversial because dwindling species are usually harbingers of
broader ecosystem decline or conflicts. As a result, ESA is considered a
primary driver of large-scale ecosystem restoration issues.
Major issues concerning ESA in recent years have included the role of science
in decision making, critical habitat (CH) designation, incentives for
property owners, and appropriate protection for listed species, among
others.
Although many bills have been introduced, little legislation related to ESA has
been enacted by the 112th Congress. Committees have conducted oversight of
the implementation of various federal programs and laws that address
threatened and endangered species. P.L. 112-10 (final appropriations for
FY2011) included a legislative delisting of a portion of the reintroduced Rocky Mountain
gray wolf population. P.L. 112-74 provided slightly more than $237 million for
FWS endangered species and related programs; this FY2012 funding for FWS
core ESA programs was 0.5% more than the FY2011 enacted amount and 3.5%
less than the FY2012 Administration request.
The authorization for spending under ESA expired on October 1, 1992. The
prohibitions and requirements of ESA remain in force, even in the absence
of an authorization, and funds have been appropriated to implement the
administrative provisions of ESA in each subsequent fiscal year. Proposals
to reauthorize and extensively amend ESA were last considered in the 109th Congress,
but none were enacted. No legislative proposals were introduced in the 110th or
111th Congresses to reauthorize ESA.
This report discusses oversight issues and legislation introduced in the 112th Congress
to address ESA implementation and management of endangered and threatened
species. .
Date of Report: November 5, 2012
Number of Pages: 27
Order Number: R41608
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