The Endangered Species Act (ESA) in the 111th Congress: Conflicting Values and Difficult Choices Page: 2 of 27
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The Endangered Species Act (ESA) in the 111th Congress
Summary
The Endangered Species Act (ESA; P.L. 93-205, 16 U.S.C. 1531-1543) 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 and resources. 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. Once a species is listed, powerful legal tools
are available to aid its recovery and protect its habitat. ESA may also be controversial because
dwindling species are usually harbingers of broader ecosystem decline. The most common cause
of species listing is habitat loss. ESA is considered a primary driver of large-scale ecosystem
restoration issues.
The 111th Congress has considered whether to revoke ESA regulations promulgated in the waning
days of the Bush Administration that would alter when federal agency consultation is required. In
addition, legislation related to global climate change includes provisions that would allocate
funds to the U.S. Fish and Wildlife Service's endangered species program and/or to related funds
to assist species adaptation to climate change. Other major issues concerning ESA in recent years
have included the role of science in decision-making, critical habitat (CH) designation, protection
by and incentives for property owners, and appropriate protection of listed species, among others.
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 was enacted. No legislative proposals were introduced in the 110th Congress
to reauthorize the ESA.
This report discusses oversight issues and legislation introduced in the 111th Congress to address
ESA implementation and management of endangered and threatened species.Congressional Research Service
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Buck, Eugene H.; Corn, M. Lynne; Sheikh, Pervaze A.; Meltz, Robert & Alexander, Kristina. The Endangered Species Act (ESA) in the 111th Congress: Conflicting Values and Difficult Choices, report, December 4, 2009; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc809298/m1/2/: accessed April 17, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.