Endangered Species: Contiuing Controversy

Publication Date: November 2000

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Environment

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Abstract:

The Endangered Species Act of 1973 (ESA) has been one of the most controversial of all environmental laws. Undoubtedly, the controversy stems from the strict substantive provisions of this law compared to many other environmental laws which tend to be more procedurally oriented or to permit greater administrative discretion. As a result of the ESA’s standards, the Act often plays a role in disputes in which all sides agree that a given species is not the center of the debate.

The authorization for spending under ESA expired on October 1, 1992. The prohibitions and requirements of the Act have remained in force, even in the absence of an authorization, and funds were appropriated to implement the administrative provisions of the Act in each subsequent fiscal year.

In the waning days of the 106th Congress, few observers see any likelihood of further action on the small number of ESA bills that have been introduced. In the 106th Congress, there have been two broad approaches to amending the act. H.R. 960 is supported by a number of environmental, scientific, and religious groups. H.R. 3160, introduced by Chairman Young, is supported by property rights groups and several industries. The bill was ordered to be reported on June 21, 2000. H.R. 1142 (also ordered to be reported on June 21, 2000) would require compensation to private landowners whose property is affected by ESA restrictions under certain circumstances. Federal agencies would be required to reduce impacts on non-federal landowners.

One narrowly tailored approach was S. 1100, which (as reported) would among other things, move the designation of critical habitat to the time when a final recovery plan is released under most circumstances. Various bills were also introduced to fund federal land acquisition and provide support for private landowners to conserve listed species on their land. H.R. 701, to provide permanent appropriations for various programs that would benefit listed species (among other purposes), was reported on February 16, 2000 (H.Rept. 106-499) was passed by the House on May 1, 2000, and reported by the Senate Committee on Energy and Natural Resources on September 14, 2000 (S.Rept. 106-413). While the bill was not passed by the Senate, funding for programs that may provide incidental benefits for listed species was included in the FY2001 funding in the Interior and Commerce appropriations bills.