[Senate Hearing 112-968] [From the U.S. Government Publishing Office] S. Hrg. 112-968 LEGISLATIVE HEARING TO CONSIDER THE FOLLOWING ITEMS: S. 810, GREAT APES PROTECTION ACT OF 2011, S. 1249, TARGET PRACTICE AND MARKSMANSHIP TRAINING SUPPORT ACT, S. 2071, PERMANENT ELECTRONIC DUCK STAMP ACT OF 2012, S. 357, WILDLIFE DISEASE EMERGENCY ACT OF 2011, S. 1494, NATIONAL FISH AND WILDLIFE FOUNDATION REAUTHORIZATION ACT OF 2011, S. 1266, DELAWARE RIVER BASIN CONSERVATION ACT OF 2011, S. 2156, MIGRATORY BIRD HABITAT INVESTMENT AND ENHANCEMENT ACT, AND S. 2282, NORTH AMERICAN WETLANDS CONSERVATION EXTENSION ACT OF 2012 ======================================================================= HEARING before the SUBCOMMITTEE ON WATER AND WILDLIFE of the COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED STATES SENATE ONE HUNDRED TWELFTH CONGRESS SECOND SESSION __________ APRIL 24, 2012 __________ Printed for the use of the Committee on Environment and Public Works [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Available via the World Wide Web: http://www.fdsys.gov ________ U.S. GOVERNMENT PUBLISHING OFFICE 25-052 PDF WASHINGTON : 2017 ____________________________________________________________________ For sale by the Superintendent of Documents, U.S. Government Publishing Office, Internet:bookstore.gpo.gov. Phone:toll free (866)512-1800;DC area (202)512-1800 Fax:(202) 512-2104 Mail:Stop IDCC,Washington,DC 20402-001 COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ONE HUNDRED TWELFTH CONGRESS SECOND SESSION BARBARA BOXER, California, Chairman MAX BAUCUS, Montana JAMES M. INHOFE, Oklahoma THOMAS R. CARPER, Delaware DAVID VITTER, Louisiana FRANK R. LAUTENBERG, New Jersey JOHN BARRASSO, Wyoming BENJAMIN L. CARDIN, Maryland JEFF SESSIONS, Alabama BERNARD SANDERS, Vermont MIKE CRAPO, Idaho SHELDON WHITEHOUSE, Rhode Island LAMAR ALEXANDER, Tennessee TOM UDALL, New Mexico MIKE JOHANNS, Nebraska JEFF MERKLEY, Oregon JOHN BOOZMAN, Arkansas KIRSTEN GILLIBRAND, New York Bettina Poirier, Majority Staff Director Ruth Van Mark, Minority Staff Director ---------- Subcommittee on Water and Wildlife BENJAMIN L. CARDIN, Maryland, Chairman MAX BAUCUS, Montana JEFF SESSIONS, Alabama FRANK R. LAUTENBERG, New Jersey JOHN BARRASSO, Wyoming SHELDON WHITEHOUSE, Rhode Island DAVID VITTER, Louisiana TOM UDALL, New Mexico MIKE CRAPO, Idaho KIRSTEN GILLIBRAND, New York LAMAR ALEXANDER, Tennessee BARBARA BOXER, California (ex JAMES M. INHOFE, Oklahoma (ex officio) officio) C O N T E N T S ---------- Page APRIL 24, 2012 OPENING STATEMENTS Cardin, Hon. Benjamin L., U.S. Senator from the State of Maryland 1 Inhofe, Hon. James M., U.S. Senator from the State of Oklahoma... 3 Lautenberg, Hon. Frank R., U.S. Senator from the State of New Jersey......................................................... 6 Udall, Hon. Tom, U.S. Senator from the State of New Mexico....... 11 Udall, Hon. Mark, U.S. Senator from the State of Colorado........ 14 Begich, Hon. Mark, U.S. Senator from the State of Alaska......... 15 Carper, Hon. Thomas R., U.S. Senator from the State of Delaware, prepared statement............................................. 67 Whitehouse, Hon. Sheldon, U.S. Senator from the State of Rhode Island, prepared statement..................................... 207 Sessions, Hon. Jeff, U.S. Senator from the State of Alabama, prepared statement............................................. 207 WITNESSES Ashe, Hon. Daniel M., Director, U.S. Fish and Wildlife Service... 16 Prepared statement........................................... 18 Responses to additional questions from Senator Boxer......... 29 Response to an additional question from Senator Carper....... 31 Responses to additional questions from: Senator Lautenberg....................................... 32 Senator Cardin........................................... 33 Senator Inhofe........................................... 35 Senator Sessions......................................... 36 Anderson, James M., M.D., Ph.D., Director, Division of Program Coordination, Planning and Strategic Initiatives, the National Institutes of Health........................................... 40 Prepared statement........................................... 42 Responses to additional questions from: Senator Boxer............................................ 50 Senator Cardin........................................... 50 Senator Tom Udall........................................ 52 Response to an additional question from Senator Inhofe....... 53 Responses to additional questions from Senator Sessions...... 54 Inkley, Douglas B., Ph.D., Senior Scientist, National Wildlife Federation..................................................... 70 Prepared statement........................................... 72 Response to an additional question from: Senator Boxer............................................ 79 Senator Carper........................................... 80 Responses to additional questions from: Senator Cardin........................................... 80 Senator Sessions......................................... 81 Wasserman, Martin, M.D., J.D., former Secretary, Maryland Department of Health and Mental Hygiene, and former Administrator, Oregon Public Health Department................. 83 Prepared statement........................................... 85 Responses to additional questions from: Senator Boxer............................................ 101 Senator Cardin........................................... 104 Senator Sessions......................................... 107 Schildwachter, Greg, Ph.D., Watershed Results LLC................ 126 Prepared statement........................................... 128 Responses to additional questions from: Senator Cardin........................................... 135 Senator Inhofe........................................... 137 Senator Sessions......................................... 139 ADDITIONAL MATERIAL Testimony by the National Chimpanzee Research Facility Directors Regarding The Great Ape Protection and Cost Savings Act........ 209 A letter from the American Littoral Society et al. to Senators Boxer and Inhofe, September 22, 2011........................... 226 LEGISLATIVE HEARING TO CONSIDER THE FOLLOWING ITEMS: S. 810, GREAT APES PROTECTION ACT OF 2011, S. 1249, TARGET PRACTICE AND MARKSMANSHIP TRAINING SUPPORT ACT, S. 2071, PERMANENT ELECTRONIC DUCK STAMP ACT OF 2012, S. 357, WILDLIFE DISEASE EMERGENCY ACT OF 2011, S. 1494, NATIONAL FISH AND WILDLIFE FOUNDATION REAUTHORIZATION ACT OF 2011, S. 1266, DELAWARE RIVER BASIN CONSERVATION ACT OF 2011, S. 2156, MIGRATORY BIRD HABITAT INVESTMENT AND ENHANCEMENT ACT, AND S. 2282, NORTH AMERICAN WETLANDS CONSERVATION EXTENSION ACT OF 2012 ---------- TUESDAY, APRIL 24, 2012 U.S. Senate, Committee on Environment and Public Works, Subcommittee on Water and Wildlife, Washington, DC. The Subcommittee met, pursuant to notice, at 10:15 a.m. in room 406, Dirksen Senate Office Building, Hon. Benjamin L. Cardin (Chairman of the Subcommittee) presiding. Present: Senators Cardin, Inhofe, Carper, Lautenberg, and Udall. OPENING STATEMENT OF HON. BENJAMIN L. CARDIN, U.S. SENATOR FROM THE STATE OF MARYLAND Senator Cardin. The Committee will come to order. Let me welcome you all to the Subcommittee hearing of Water and Wildlife of the Environment and Public Works Committee. I want to thank Senator Boxer for permitting the Subcommittee to hold this hearing today on a subject I think is important to many members of the U.S. Senate. We are taking up several bills. I want to thank Senator Sessions, who will be here shortly, the Ranking Republican Member of the Subcommittee on Water and Wildlife, for his help and cooperation, and Senator Inhofe for his help. With today's hearing we have the opportunity to discuss a set of critical issues to protecting the Nation's wildlife. The Subcommittee will consider seven bills. I would like to thank my colleagues who have worked so hard to craft the bills that are before us today. I see Senator Udall and Senator Begich who are here, and I want to thank them for their leadership on these issues. Among the bills we will address are the use of chimpanzees in medical research, a bill that would focus Federal attention and resources on diseases like white-nose syndrome in bats that are devastating an entire animal population--I want to thank Senator Lautenberg for his strong leadership on that particular issue--and several bills to provide critical support for wildlife conservation and habitat protection. Three of the bills we are considering today directly establish or reauthorize conservation programs; S. 1494, the National Fish and Wildlife Reauthorization Act, S. 1266, the Delaware River Basin Conservation Act, and S. 2282, the North America Wetlands Conservation Reauthorization Act. As we attempt to balance Federal spending with the need to reduce our deficit, it is important to bear in mind that these conservation programs are important not only to preserve the health and beauty of our natural environment but also because of the significant economic benefits they provide. A study commissioned by the National Fish and Wildlife Foundation found that outdoor recreation, nature conservation, and historic preservation provide 9.4 million jobs and account for over $1 trillion in the total economic activity. In Maryland alone the National Fish and Wildlife Foundation has funded more than 400 projects since 2000, including such important conservation and restoration projects as manure-to- energy research at the University of Maryland, watershed restoration in the Wicomico River, and oyster restoration initiatives to restore key species of the Chesapeake Bay. The Delaware River Basin includes the Delaware River Watershed in New York, Pennsylvania, New Jersey, and Delaware and the Delaware Bay. The basin is home to more than 8 million people, and 16 million depend on it as an economic engine, as a place for recreation, a source of clean drinking water, and a vital habitat for fish and wildlife. The North American Wetlands Conservation Act's matching grant program, which funds projects to conserve wetlands that benefit migratory birds and other wildlife, creates nearly 7,500 new jobs annually in the United States, and on average it generates over $200 million in workers' earnings each year. I think everybody is getting to see the theme. These are programs that protect the beauty, and what makes America so special is unique to our species diversification, but also plays a critical part in our economy. In addition to conserving wildlife for recreation purposes, wildlife also plays a critical role in maintaining a healthy ecosystem. They pollinate plants, prey on insects like mosquitoes, moths, and beetles, thereby reducing the need for pesticides. Yet emerging diseases such as colony collapse disorder in bees and white-nose syndrome in bats threaten entire species of wildlife. S. 357, the Wildlife Disease Emergency Act, would focus resources and attention on diseases like white-nose syndrome by creating a Federal plan for responding to wildlife disease emergencies. Three of the bills we will consider today address the ability of marksmen, hunters, and other outdoorsmen to enjoy our national wild space. S. 1249, the Target Practice and Marksmanship Training Support Act, would give States more flexibility to using existing funds to create and maintain safe shooting ranges in national parks. S. 2071, the Permanent Electronic Duck Stamp Act, would authorize the U.S. Fish and Wildlife to sell Federal duck stamps on line. Since 1934 sportsmen have been required to purchase a Federal duck stamp to hunt migratory waterfowl. The program generates approximately $25 million per year, which is deposited into the Migratory Bird Conservation Fund to preserve habitat and ensure future hunting opportunities. S. 2156, the Migratory Bird Habitat Enhancement and Investment Act, this bill also affects the Duck Stamp Program by permitting the Secretary of Interior, in consultation with the Migratory Bird Conservation Commission, to set prices for duck stamps. The Duck Stamp Program is an important resource for conservation activities nationwide, and especially in my home State of Maryland. Just this past March, the Department of Interior announced that the Migratory Bird Conservation Commission had approved over $500,000 in funding to conserve 112 acres of habitat for waterfowl and other wildlife in Maryland's Blackwater National Wildlife Refuge to be funded with duck stamp proceeds. I am very proud of Blackwater Refuge. Its unique habitat and ecology make it one of Maryland's most important natural resources. The Duck Stamp Program is a key resource for maintaining Blackwater and other environmental programs. And finally, S. 810, the Great Apes Protection and Cost Savings Act, would retire approximately 500 federally owned chimpanzees currently in laboratories to permanent sanctuary. At Congress' request, the National Institutes of Health commissioned a study of the chimpanzees used in biomedical research and determined that using chimpanzees was unnecessary in most instances. S. 810 is an attempt to address this ongoing issue. So, we have very important bills that are before us. I am pleased, again, with the leadership that the Members of the Senate have shown on these important environmental and economic issues. With that, let me turn to the ranking Republican of the Committee, Senator Inhofe. OPENING STATEMENT OF HON. JAMES M. INHOFE, U.S. SENATOR FROM THE STATE OF OKLAHOMA Senator Inhofe. Thank you, Mr. Chairman. And thank you for having this. I want to especially welcome Dan Ashe to this hearing. Back during the confirmation process we had a chance to visit about what his goals were and what our goals were, and he agreed to come to Oklahoma to listen to some of the problems that our ag community primarily would have with the listing of the lesser prairie-chicken. And we were able to really--actually, he had two meetings, one in Woodward, way out in the Panhandle, and one in more of the central part of the State. Anyway, the listing would significantly harm agriculture, construction of highway infrastructure, and energy development, including numerous wind development projects in the Woodward area, which he saw when he was out there. I fly my plane out there quite often, and I take people who have not been up. In any one place you can see about 300 of these windmills going around. So, they have a dog in this fight, too. Of course, the listing is not the only option, and it certainly is not the best. While in Oklahoma, Director Ashe also had a chance to hear about how Oklahomans have invested millions of dollars and a great deal of time and significant effort and which are increasing the numbers of the lesser prairie-chickens without harming our economy. I continue to call for the Fish and Wildlife Service to allow these voluntary efforts to achieve results before going through with the listing decision. Recently, there has been talk of a possibility of a 6-month delay which would be most welcome as it would give Oklahomans a chance to continue their important work. So, let me just say thank you, Director Ashe, for your help out in Oklahoma. Today's hearing is a great opportunity to put the spotlight on voluntary efforts as time and time again they prove to be the best methods of achieving land and species conservation goals without destroying jobs and hurting the economy. One such example can be found in a bipartisan bill I sponsored with my good friends Senators Boxer and Vitter, the North American Wetlands Conservation Extension Act. This program has such a good track record for conservation precisely because it is a volunteer effort. It incentivizes non-Government funds for wetland and wildlife habitat conservation. On each, each Federal dollar is matched by $3.20 from non-Federal contributions. In my State of Oklahoma, it currently has 12 projects either completed or underway. These projects have conserved some 26,869 acres of wildlife habitat and leveraged $11.3 million in partner contributions from the $4.9 million in the funding. The Hackberry Flat Project in Tillman County has led to the restoration of wetland habitat, and the area is now open for hunting waterfowl, dove, quail, rabbit, and sandhill cranes. When you compare the successes with the Federal mandates which most often do not achieve the conservation goals but give States unnecessary economic pain it is clear that the voluntary programs should be at the center of all conservation efforts. In addition to the NAWCA, we will be discussing several conservation bills today, including the National Fish and Wildlife Foundation Reauthorization Act, which is another promising voluntary effort. The National Fish and Wildlife Foundation is doing important work protecting the lesser prairie-chicken in order to help prevent this listing under the Endangered Species Act. Most importantly, the bill reduces the authorization level by $5 million while still giving the Foundation the ability to leverage funds for conservation projects. The only other bill I have concerns about is S. 810, the Great Apes Protection Act. I look forward to hearing from Dr. Anderson from the National Institute of Health, his thoughts on this legislation. I would like to thank all the witnesses for being here today, especially Greg Schildwachter, former Staff Director of this Subcommittee, who now works at Watershed Results LLC. With his background, he will be able to provide valuable insight on the effectiveness of these bills. I look forward to having an important dialogue about how best to achieve the conservation goals without causing more pain. And by the way, I always have trouble with his last name because, when he was on the Committee, we just called him Greg. [Laughter.] Senator Inhofe. Anyway, we have the partnership programs, and others have been so successful, and I say to Director Ashe, as Oklahoma as kind of a good testing ground for these programs, and I think you probably came back with that same impression. Thank you, Mr. Chairman. [The prepared statement of Senator Inhofe follows:] Statement of Hon. James M. Inhofe, U.S. Senator from the State of Oklahoma I would like to thank Senator Cardin and Senator Sessions for holding this hearing on a number of important wildlife conservation bills. I would especially like to welcome Dan Ashe, Director of the U.S. Fish and Wildlife Service. Director Ashe traveled to my home State late last year to hear from Oklahomans about how devastating a listing of the lesser prairie-chicken would be for Oklahoma's economy: this listing would significantly harm agriculture, the construction of highway infrastructure, and energy development, including numerous wind development projects in the Woodward area. But of course a listing isn't the only option, and it certainly isn't the best. While in Oklahoma Director Ashe also had the chance to hear about how Oklahomans have invested millions of dollars and a great deal of time in significant voluntary efforts which are increasing the number of lesser prairie-chickens without harming our economy. I continue to call for the Fish and Wildlife Service to allow these voluntary efforts to achieve results before going through with a listing decision. Recently there has been talk of a possibility of a 6-month delay, which would be most welcome as it would give Oklahomans more time to continue this important work. Today's hearing is a great opportunity to put the spotlight on voluntary efforts, as time and time again they prove to be the best methods of achieving land and species conservation goals without destroying jobs and hurting our economy. One such example can be found in a bipartisan bill I am sponsoring with my good friends Senators Boxer and Vitter: the North American Wetlands Conservation Extension Act of 2012 (S. 2282). This program has such a good track record for conservation precisely because it is a voluntary effort; it incentivizes non-Federal funds for wetland wildlife habitat conservation. On average, each Federal dollar is match by $3.20 of non-Federal contributions. In my State of Oklahoma NAWCA currently has 12 projects either completed or underway. These projects have conserved 26,869 acres of wildlife habitat and leveraged $11.3 million in partner contributions from $4.9 million in NAWCA funding. The Hackberry Flat project in Tillman County has led to the restoration of wetland habitat, and the area is now open for hunting waterfowl, dove, quail, rabbit, and sandhill cranes. When you compare the success of NAWCA with Federal mandates which most often do not achieve conservation goals but give States unnecessary economic pain, it's clear that the voluntary programs should be at the center of all conservation efforts. In addition to NAWCA, we will be discussing several conservation bills today, including the National Fish and Wildlife Foundation Reauthorization Act (S. 1494), which is another promising voluntary effort. The National Fish and Wildlife Foundation is doing important work protecting the lesser prairie-chicken in order to help prevent its listing under the Endangered Species Act. Most importantly this bill reduces the authorization level by $5 million while still giving the foundation the ability to leverage funds for conservation projects. I also support Senator Wicker's bill, S. 2071, the Permanent Electronic Duck Stamp Act of 2012, which, as stated in the title, allows the purchase of electronic duck stamps for waterfowl hunters across all 50 States. Migratory waterfowl hunters are required to purchase a Federal Duck Stamp from the Fish and Wildlife Service, and the stamp grants them access to Federal Wildlife Refuges without any additional fees. This bill follows a successful pilot program by eight States that allowed the purchase of the Federal Duck Stamp online. Additionally, this bill comes at no cost to taxpayers. One bill, though, that I cannot support in its current form is S. 810, the Great Apes Protection Act. While we certainly want to treat animals as humanely as possible, this bill goes too far with an outright ban on chimpanzee research. Recently, the National Academies' Institute of Medicine (IOM) released a report regarding the use of chimpanzees in biomedical and behavioral research. The IOM report states, ``The committee's report does not endorse an outright ban on chimpanzee research'' and warns ``how disruptive an immediate outright ban would be, affecting animal care and potentially causing unacceptable losses to the public's health.'' It continues to state that ``chimpanzees may prove uniquely important to unraveling the mystery of diseases that are unknown today.'' Chimpanzee research has led to the development of vaccines for hepatitis A and B and has helped gain important insight into diseases such as hepatitis C, malaria, HIV, and cancer. An outright ban would be very shortsighted and may endanger public health. I would like to thank all the witnesses for being here today, especially Greg Schildwachter, a former staff director of this Subcommittee who now works at Watershed Results, LLC. With his background he will be able to provide valuable insight on the effectiveness of these bills. I look forward to having an important dialogue about how best to achieve conservation goals without causing more pain in tough economic times. Thank you. Senator Cardin. Again, Senator Inhofe, thank you for your leadership on so many of these issues. Senator Lautenberg. OPENING STATEMENT OF HON. FRANK R. LAUTENBERG, U.S. SENATOR FROM THE STATE OF NEW JERSEY Senator Lautenberg. Thanks, Mr. Chairman, for holding this hearing on legislation to protect wildlife, including legislation that I introduced to address the threats to bats and other wildlife. Since 2006 more than 5 million hibernating bats have died from a disease called white-nose syndrome. And it is happening in 19 States across the country, particularly in New Jersey. We have a sanctuary for bats called the Hibernia Mine. I went down into that mine in 1997 and visited with a bunch of bats. To be precise, 30,000 of them were there, and I was very comfortable with them, I must tell you. The bat population, however, having remained constant for a decade, suddenly in 2009 it was discovered that the number of bats went from 30,000 down to just 700. Bat mortality rates in some caves are approaching 100 percent. You cannot make a mistake. The loss of these bats poses a major threat to entire ecosystems, with the potential to cause serious environmental and economic problems. Bats are one of nature's best exterminators, helping to protect the public's health and our crops. They prey almost exclusively on mosquitoes and other insects which spread disease, and moths and beetles which damage crops. A single bat can eat half of its body weight in insects in a single night, and an entire colony will consume hundreds of millions of insects. In the 6 years since the white-nose syndrome was first discovered in New York State, we have made some progress in the fight against the disease. We had a hearing in this Subcommittee, last Congress, and have secured more than $5 million to address white-nose syndrome. The challenges that make white-nose syndrome so difficult to address are the same as those that affect many developing wildlife diseases. And as a result, Federal agencies have been able to determine the origin and cause of white-nose syndrome. Last month, Senator Leahy and I sent a letter to the Appropriations Committee, signed by 11 other Senators, asking for additional funding for white-nose syndrome. But we must do more, which is why I introduced the Wildlife Disease Emergency Act. So, what we have to do is, we have got to really put our resources into this fight. Today, we are forced to scramble to develop a basic response to a disease, only to find out that the outbreak has surpassed the scale of the response. In the years since the white-nose outbreak began, the Fish and Wildlife Service has done great work to coordinate response across several agencies and with State governments. My bill would help Federal and State agencies to be better prepared to respond to future outbreaks of wildlife diseases. It would also authorize more resources to address wildlife disease emergencies, including the ongoing response to white- nose syndrome. The bill still is endorsed by 17 wildlife groups, including Bat Conservation International, the National Resource Defense Council, the Defenders of Wildlife, and many other distinguished agencies. In a letter of support, they note overarching coordination is necessary to promote efficiency and prevent redundancy and that this bill will provide that coordination. And I ask unanimous consent that their letter of support be included in the record. Senator Cardin. Without objection. Senator Lautenberg. Our mission is clear. We have got to do more to stop this deadly outbreak and be better prepared to stop the next wildlife disease emergency. I thank the witnesses for being here. I look forward to hearing from them today on all of these bills. I thank you, Mr. Chairman. [The referenced letter follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Senator Cardin. Thank you. Senator Udall. OPENING STATEMENT OF HON. TOM UDALL, U.S. SENATOR FROM THE STATE OF NEW MEXICO Senator Tom Udall. Thank you, Senator Cardin. I will try to be brief since our colleagues are here. But I want to thank you for holding this hearing on all of these very important bills. This Committee has the important task of ensuring that wildlife throughout the Nation is appropriately managed. The bills before the Subcommittee today do a great deal to help ensure species are protected, watersheds are vibrant, and animals receive humane treatment. About 1 year ago I invited Senators Bingaman and Harkin to join me and ask the National Academy of Sciences to complete a study on the necessity for chimpanzee use in biomedical and behavioral research. This study was meant to lay out the scientific basis for the need for chimpanzees in research and to inform future policy decisions relating to invasive research on chimpanzees. I commend the National Academy of Sciences for taking on the task, which was assigned to and completed by the Institute of Medicine. The Institute was diligent in bringing in experts from diverse fields and allowing for public involvement. The resulting report is a non-biased resource for policymakers. I would also like to commend the National Institutes of Health for their quick and deliberate response to the report and look forward to hearing what progress the National Institutes of Health has made toward adopting the recommendations of the IOM. I also look forward to hearing from the other panelists today. The most important thing that they concluded was that, for the most part, chimpanzees are not needed in most research, which was a bit of surprise, I think, to everyone, and it looks like we are going to--Chairman Cardin, you mentioned this in your opening statement--move forward with those recommendations expeditiously. Jane Goodall just put together testimony, Chairman Cardin, on this particular issue, and I have a copy of that, and I would ask that it be put in the record. And I would also ask that the remainder of my opening statement be deferred and give the courtesy to our colleagues that are here to inform us on the pieces of legislation they are working on. And with that, I yield back. Senator Cardin. Without objection, your full statement will be included in the record, as well as the additional comments from the other person mentioned. [The referenced testimony follows. The prepared statement of Senator Tom Udall was not received at time of print.] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Senator Cardin. We will now turn to our colleagues. First, let me welcome Senator Mark Udall to our Committee. Senator Udall is the sponsor of S. 1249, the Target Practice and Marksmanship Training Support Act. It is a pleasure to have you before our Committee. OPENING STATEMENT OF HON. MARK UDALL, U.S. SENATOR FROM THE STATE OF COLORADO Senator Mark Udall. Thank you, Mr. Chairman, and in the spirit of my good cousin from New Mexico, I will also try to be brief. I want to thank you and Ranking Member Sessions for your support. I am also grateful to Chairwoman Boxer and Ranking Member Inhofe for including my bipartisan legislation into today's hearing. I want to also acknowledge my good friend, Senator Lautenberg from New Jersey. I have introduced the Target Practice and Marksmanship Training Support Act. It is designed to encourage the development of high quality shooting ranges which are open to the public by amending certain parts to the Pittman-Robertson Wildlife Restoration Act. That Act provides Federal support for certain wildlife restoration and hunter education programs. My bill would give the States greater flexibility over the Federal law than they already receive from the PR, the Pittman- Robertson funds, which would free up more money to build shooting ranges. The funds from Pittman-Robertson come from an excise tax on the sale of shooting and archery equipment. This bill helps those paying into the system, which are primarily sportsmen, get a better return on their investment. By focusing on flexibility with already allocated funds, the legislation will not cost taxpayers an additional dime. And in return, I believe it will be a tremendous boon for our sportsmen and our outdoor recreation communities which are not only an integral part of our national heritage but are a key component of our economy, especially in rural areas, which we all do represent. For those reasons, the bill has broad bipartisan support. Here, Senator Risch teamed up with me to author the bill. It has broad support within the sportsmen's community, and I am grateful for the support that we have gotten from everybody from the National Shooting Sports Foundation to the National Rifle Association. As you all know, often the best ideas for legislation come from the local communities, and I really had overwhelming support in Colorado from people who want to see the development of more high quality shooting ranges. So, I want to finish with some comments from two of my constituents. Donald in Pagosa Springs, Colorado, which is down in the wonderful southwestern part of the State near my cousin's State of New Mexico. He wrote to me, I have been a hunter education instructor for over 30 years and helped teach over 5,000 students. Since we have no public shooting facilities in the Pagosa Springs area, it is always a challenge to find a safe and accessible location for the range portion of the class. We desperately need a range facility in our area to be able to continue teaching our kids and those who are new to hunting how to safely handle firearms. From Gary in Aurora, Colorado, my father helped to found and build a recreational shooting facility in the late 1950s. I was literally brought up at the range. I spent every weekend working there. These ranges are not just a place to shoot. They are a close knit family full of diverse people. Our club has also taught my son the love of shooting and safety along with me. I cannot stress this enough as we are seeing more and more clubs closing down. We need more places to teach, enjoy, and relax with fellow shooters. So again, Mr. Chairman, thank you for giving me an opportunity to present my bill to you, and I look forward to working with the Committee to advance this important legislation. Senator Cardin. Thank you, Senator Udall. I appreciate your leadership on this and so many other issues. Senator Begich is the principal sponsor of S. 2156, the Migratory Bird Habitat Investment and Enhancement Act. Senator Begich. OPENING STATEMENT OF HON. MARK BEGICH, U.S. SENATOR FROM THE STATE OF ALASKA Senator Begich. Thank you, Chairman Cardin, and also the other members that are here for holding this hearing today, including S. 2156, the Migratory Bird Habitat Investment and Enhancement Act. Since it was created in 1934 the Federal Duck Stamp Program has been one of the most successful conservation tools in history. It has raised over $750 million and has preserved over 5 million acres of wetlands to protect waterfowl habitat. It has preserved lands which maintain our hunting heritage and boosted waterfowl population for enjoyment by all. I introduced the bill to address two issues with the duck stamp. One is to adjust the price. The current price, $15, has not changed since 1991, and has lost over half its value due to inflation. Without a change, the Duck Stamp Program cannot continue to do the work it has been doing. Rather than just hike it, I propose to allow the Secretary of Interior, in consultation with the Migratory Bird Conservation Commission, to adjust the price once every 5 years. I think you will hear from the duck hunters that even they support this since they benefit directly from the program. My bill also allows the Secretary to grant limited waivers from the stamp fee. That is a response to subsistence shooters in my State who argue they have already done their part for wetlands conservation. Millions of acres of native lands have been set aside in refuges or in some other protected status. Such a waiver would have minimal impact on the Duck Stamp Program but will relieve subsistence users who still live off the land for most of their diet from the cost of this Federal program. I welcome your consideration of this bill and would be happy to answer any questions you may have as you move forward on this piece of legislation. Thank you, Mr. Chairman. Senator Cardin. Well, thank you, Senator Begich and Senator Udall. We thank both of you for your leadership on these important issues. And I do not see that there are any questions from members of the Committee, so thank you very much. You are both excused. We will now turn to our first panel. We are pleased to have Hon. Dan Ashe with us. He is the Director of the U.S. Fish and Wildlife Service, the Nation's principal Federal agency dedicated to the conservation of fish and wildlife and their habitats. Director Ashe has a long and distinguished career in conservation. Prior to assuming the Director's position, he served within the Fish and Wildlife Service as Deputy Director for Policy, as a science advisor, and as Chief of the National Wildlife Refuge System. I also am pleased to note that he is a Maryland constituent. We are also pleased to have Dr. James Anderson. Dr. Anderson is the Director of the Division of Program, Coordination, Planning and Strategic Initiatives of the National Institutes of Health. Dr. Anderson has expertise in both clinical medicine and academic research and has held key academic positions with the University of North Carolina, Chapel Hill, and the Yale School of Medicine. Welcome, both of you, to our Committee. We thank you for your service to our country, and we thank you for being here today. We will start off with Mr. Ashe. STATEMENT OF HON. DANIEL M. ASHE, DIRECTOR, U.S. FISH AND WILDLIFE SERVICE Mr. Ashe. Thank you, Senator Cardin, Committee members. It is great to be here. Senator Inhofe, I would start off by again saying thank you for the invitation to come to Oklahoma. It was a wonderful opportunity. It was tragic just about 2 weeks ago when I saw that a tornado had occurred in Woodward, and it made me feel for those great people up there. So, my heart goes out to everyone there, Senator. I would like to begin by saying the Committee is considering a great breadth of legislation today, things that really touch on the breath of challenges that we are facing in the wildlife conservation world today. As we think about those challenges, we have to think about the root of those challenges, and it really is us. We see, of course, continued expansion of population at the world scale but also at the United States scale. And it is not just an expansion in the total number of people. It is the expansion of affluence in both the United States and in the world as a whole. We all want a better place for our children and grandchildren. We want a strong economy; we want an expanding economy. But I think we have to realize that what that means for the land and the water resources of our Nation and the world is that we will be asking more of the land and water resources to produce more food, more fuel, more fiber, and more water for our human needs. And that means, of course, less for the rest of what we could collectively call biological diversity. So, as you see these pieces of legislation before you today you are really dealing with the root of the issues and challenges that we face, the continued fragmentation and destruction of habitat. I will point you to the prairies, the American prairies where, which are really the--we call it the duck factory as we think about waterfowl in the United States. We are seeing a perfect storm in the American prairie today driven by $8 a bushel corn, but also new genetically modified crops that allow growing of crops in wetter and drier areas, new draining and tiling techniques that allow the removal of water from many of these systems. And so, we are seeing the conversion of wetland and grassland habitat in the prairies at rates that are unprecedented. So as you are considering today the reauthorization of the North American Wetlands Conservation Act, and the authorization for the Secretary to increase the price of the duck stamp, these will be vital tools to us as we seek to conserve America's great wetlands, expand our partnership with Canada and Mexico, and continue to great heritage of waterfowl hunting and the great tradition that it supports. As we see habitats diminishing, it also means that our wildlife populations will be more susceptible to stressors like wildlife disease. Senator Lautenberg has been a leader in raising the profile of white-nose syndrome. We are also dealing with the challenges of chytrid fungus in amphibians, which is driving worldwide decline amphibians. Of course, again, the root of many of these problems is trade. We see trade globally escalating. And many of our laws like the Lacey Act, which is a key wildlife enforcement law, was written in 1900 when trade moved by steam locomotive for the most part. And now we have, of course, global trade where we can move products and commodities across the globe on a 24- hour scale. So, as we think about the challenge of conservation, many times in the past we have driven our philosophy of conservation from a public land base, and public lands in the United States are about 30 percent of the land base. I mean, 70 percent is in private ownership. So, the legislation that is before you to reauthorize the National Fish and Wildlife Foundation, of course, that public- private partnership, is essential to us as we think about conservation in the future, and organizations like the National Fish and Wildlife Foundation that provide the opportunity to bring and leverage public and private partnerships are essential as we think about conservation in the 21st century, and of course expanding the opportunity for outdoor recreation as represented in Senator Udall's legislation and Senator Begich's legislation. I think that that opportunity to use an instrument like the Pittman-Robertson Program and the Wildlife and Sport Fish Restoration Program to expand opportunities for shooting on public land is a great opportunity for the future. So, expanding challenges in an era of diminishing resources means that we need exceptional leadership. And I want to thank you, Mr. Chairman, and all of the members of the Committee, for your great leadership as represented by the legislation that you are hearing today. [The prepared statement of Mr. Ashe follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Senator Cardin. Thank you, Mr. Ashe. Dr. Anderson. STATEMENT OF JAMES M. ANDERSON, M.D., PH.D., DIRECTOR, DIVISION OF PROGRAM COORDINATION, PLANNING AND STRATEGIC INITIATIVES, THE NATIONAL INSTITUTES OF HEALTH Dr. Anderson. Good morning, Mr. Chairman and members of the Subcommittee. I am pleased to testify about NIH's efforts to implement the recent recommendations offered in a December 15, 2011, report by the Institute of Medicine [IOM] and accepted by the NIH regarding the use of chimpanzees in NIH-supported research. As the Subcommittee begins consideration of S. 810, the Great Ape Protection and Cost Savings Act, I look forward to discussing the recommendations of the IOM and NIH's efforts to implement them as we continue to focus on our mission of improving human health and saving lives. The use of animals in research has enabled scientists to identify new ways to treat illness, extend life, and improve health and well-being. Chimpanzees are our closest relatives in the animal kingdom, providing exceptional insight into human biology and the need for special consideration and respect. NIH is deeply committed to the care and welfare of chimpanzees. While used very selectively and in limited numbers, research involving chimpanzees has served an important role in advancing human health in the past. Just a few examples, contributing significantly to the development of oral vaccine for polio and the vaccines for hepatitis A and B, developing FDA approved antibodies for the use and treatment of lymphomas and other cancers, and pioneering new uses for immune cells in cancer immunotherapy. However, new methods and technologies developed in the biomedical community have provided alternatives to the use of chimpanzees in several areas of research. Consequently, in December 2011, with the encouragement of Senator Udall on this Subcommittee and other Members of Congress, NIH commissioned a study by the IOM to assess whether chimpanzees are or will be necessary for biomedical and behavioral research. A year later, December 15, 2011, the IOM issued its findings and concluded, among others, that the use of chimpanzees in current and future research should be guided by specific principles and criteria. And based on these principles, they concluded that most current use of chimpanzees for biomedical research is unnecessary with the exception of some areas that may still require their use. Of special relevance to today's hearing, they also concluded that new, emerging, or re-emerging infectious diseases may present challenges that defy non-chimpanzee models and therefore may require that chimpanzees be used in future research. After accepting the IOM recommendations, NIH immediately halted issuance of any new awards for research involving chimpanzees until processes for implementing the recommendations are in place. In addition, the NIH has assembled a working group within the NIH Council of Councils--that is a Federal advisory committee--to provide advice on the implementation of the IOM recommendations and to consider the size and placement of active and inactive populations of NIH-owned or supported chimpanzees. The working group began their work in early February of this year, and NIH anticipates they will present their final report during a session of the Council of Councils in early 2013. After the Council considers the working group's report and recommendations, the NIH will open a 60-day public comment period on the implementation of the report and recommendations. Throughout this process, NIH remains committed to conducting and supporting high quality science in the interest of advancing public health and to the humane care of animals used in NIH research. Animals used in federally funded research are protected by laws, regulations, and policies to ensure the greatest commitment to their physical and emotional comfort and welfare. I would like to close by thanking the Subcommittee for inviting NIH to provide an update on its activities to implement the IOM recommendations. I want to assure you, Mr. Chairman and members of the Subcommittee, that we place the appropriate care and use of animals as a fundamental principle at the core of all our research activities. I would be happy to try and answer any questions. [The prepared statement of Dr. Anderson follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Senator Cardin. Again, thanks to both of you for your presence and your testimony. Mr. Ashe, let me start with you if I might. You commented about the bills that are basically under the jurisdiction of your agency, the U.S. Fish and Wildlife Service. There are seven bills here that generally come under your jurisdiction. Could you tell us specifically whether you have a position in support of this legislation, these bills, or whether there are any suggested changes that you would like to see us consider as we look over the seven bills that would generally come under Fish and Wildlife? Mr. Ashe. Mr. Chairman, my written testimony goes through each bill one by one. I would say that we either support, or support the intention of, each of the bills today. We have indicated in a couple of instances things where we might like to see some changes or expansion in the direction of the bills. And so, we are happy to work with the Subcommittee on each and every one of those bills. We would like to, I think we would enjoin to see enactment of all of them, and we look forward to working with the Committee as you go forward. Senator Cardin. And your full statement will be, both of your full statements, will be included in our record. I think that is very helpful. It is very positive. I know that Senator Lautenberg has worked very hard on the, dealing with the concerns of the wildlife disease emergencies, and it is well beyond just the problems with the white-nose syndrome for bats. There are other areas of equal concern. And the white-nose syndrome is far beyond just one State. There are many States that are involved in it. Do you see that bill as an opportunity for us to better coordinate responses to these types of emergencies? Mr. Ashe. We do. And the issue of wildlife disease, as I said, is one of the great emerging challenges for wildlife conservation. Of course, it always has been an issue. For instance, avian botulism has always been an issue that the Fish and Wildlife Service has had to deal with. But now we are seeing these exotic diseases. Again, the root of many of them is trade and our really kind of weak authorities to regulate the movement of animals in international trade. And so, Senator Lautenberg's bill is certainly a great step in the right direction to encourage and support a better coordination in terms of a response to disease emergencies. I think we also need to think about how we can prevent these exotic diseases from getting into our wildlife populations in the first place. And that is an area that we would like to work with the Committee to consider how we might envision more effective mechanisms of preventing these disease outbreaks before they occur. Senator Cardin. Thank you. I point out that conservation programs, they are very, very efficient programs in getting dollars out to deal with conservation. The duck stamp, I think it is 98 cents of every dollar goes directly out to acquisition of acreage which is under protection, like 5 million acres have been protected under the Duck Stamp Program. So, I think it is important for us to try to modernize those programs and make them even more effective. And I appreciate Senator Begich's comments about it. Does your written statement deal with the waiver suggestion that he has made? Mr. Ashe. It does. We are strongly supportive of Senator Begich's bill. Of course, the last time the price of the stamp was adjusted was 1991. So we have lost purchasing power. The price of the stamp today, our estimate is that it would have to be $24 to have the same purchasing power as in 1991. So increasing the price of stamps, which is supported by all of the major waterfowling organizations and hunting organizations like Ducks Unlimited and Delta Waterfowl and others, but then the exemption process that the Senator envisions will allow us to deal with some of the basic injustice and equity issues like he mentioned with Alaska natives, where we have Alaska natives that are engaging in a subsistence hunt, not a sport hunt, and they, as the Senator said, they conserve millions upon millions of acres of wetlands. And so, we believe that there is an appropriate balance that can be made in instance like that where an exemption would not affect the revenue substantially or our ability to more broadly enforce the purchase and carry requirements for the duck stamp. Senator Cardin. Thank you very much. I can also mention the National Fish and Wildlife Foundation since it has funded, I have been told, over 400 Maryland projects since 2000, is a very important program for us to reauthorize. I also have questions in regard to Dr. Anderson and the chimpanzees, but my time in the first round has expired, and I guess that some of my colleagues will be questioning on subjects that I may have questioned anyway, so let me turn it over to Senator Inhofe. Senator Inhofe. OK. Thank you, Mr. Chairman. Director Ashe, I really do appreciate your coming out and talking to our constituents and also your recognition of what happened in Woodward, Oklahoma. It was just really tragic. I knew one of the persons who died in that tornado. So I will pass that on, your concern and your condolences at the same time. As you know, this issue is really important to the people of Oklahoma along with the people of the other four States making a very significant push to ensure the long-term viability of this species. That said, I know that the proposed listing deadline is coming up in September, and the settlement agreements allow the Service to grant a 6-month extension so biologists can continue examining this species. I do not want to ask you for a commitment. I just ask if you would be as flexible as possible to working with my office and other stakeholders to allow time for these efforts to demonstrate what they are able to do. Mr. Ashe. We will work with you, Senator. The law does provide us with some flexibility to take into account new information. And the State of Oklahoma, as you know, has been a leader. I met last week again with Secretary Gary Shearer, and the State is really producing a great plan for conservation of the lesser prairie-chicken and is leading the other four States within the range of the species. So we look forward to working with the State of Oklahoma and the other range States and we will provide as much flexibility as we possibly can. Senator Inhofe. That is great. And I appreciate that. That is all I could ask. Could you just make some comments about the reauthorization of the North American Wetlands Conservation Act, and more specifically, why it is important to have a voluntary program like that that offers the--that incentivizes the State and private funding? Your comments about the NAWCA. Mr. Ashe. Sure. First, I want to begin with thanking you for your leadership in introducing that legislation. The North American Wetlands Conservation Act has been an absolute--has become an absolute foundation of our ability to conserve the waterfowl resource in the United States. It provides a bridge between Canada and the U.S. and Mexico, coordinates response amongst all of the agencies within the three governments. So, in the United States, it is Interior, it is Agriculture, the Department of Defense. We have partners like The Nature Conservancy, Ducks Unlimited, Trust for Public Lands. All of our State agencies are partners in that process. So the North American Waterfowl Conservation Act has really become a singular success leveraging public dollars, 2 and 3 and 4 to 1. At the Migratory Bird Conservation Commission meeting last month they presented a slate of projects that were matched with three private dollars for every Federal dollar. So, just a tremendous success story, and the bill needs to be reauthorized so that we can continue that record. Senator Inhofe. OK. I appreciate that very much. Dr. Anderson, we had a hearing, it was not too long ago, I remember Senator Lautenberg and I were very interested in that. It was about some of the extreme animal rights groups coming in and trying to stop all experiments. I remember my son calling me, he is a medical doctor, saying well, Dad, do they not understand the choice may be animals or people? So, I know that this is something that we have to deal with. In that case, however, there are specific things that we are able to achieve and demonstrate having been done. Do you want to make any comments about some of the really, not any specific extremist groups, but this idea that they should do away with all that type of experimental activity put together? Dr. Anderson. Well, I would like to point out that the chimpanzee model being close to humans has been invaluable in the past. It has provided us with the oral Sabin vaccine. I just remembered the number. In 1952 there were 52,000 cases of polio. It is eradicated in the United States now. And there are similar dramatic improvements because of vaccines for hepatitis A and B. Senator Inhofe. Now, I am old enough to remember. Do you really think that would not have happened if we had not had the opportunity to use chimpanzees? Was that a major player in this success? Dr. Anderson. These were major. Senator Inhofe. Yes. Yes. Dr. Anderson. But that said, the Institute of Medicine, we have accepted their recommendations that there be criteria, really a high bar for using chimpanzees in the future. Part of this is because we have developed other models. There is a humanized mouse now that can be infected with hepatitis C. It is not perfect. We are not quite there in replacing all uses of chimpanzees. But the IOM pointed out that there were appropriate uses currently, I think most importantly, if we were to consider not having the model available, is, they pointed out, that there will be new and emerging, unexpected infectious diseases for which this model will be appropriate. And in the last few decades we have had examples of viral and bacterial infections where the chimpanzee has been the best model. Senator Inhofe. Now, on the chimpanzee, you would not support a total, outright ban on all experiments on the chimpanzee? Dr. Anderson. That is correct. NIH has accepted those recommendations from the IOM that this continue as an available model, but that there be high criteria for when we use it. Senator Inhofe. Sure, sure. Thank you, Mr. Chairman. Senator Cardin. Senator Lautenberg. Senator Lautenberg. Thanks, Mr. Chairman. Mr. Ashe, thank you both for your important testimony here. Over the past several years, Congress has appropriated $5 million in funding to fight the white-nose syndrome. We are now fighting for more resources to conduct our campaign. What progress so far has Fish and Wildlife made toward addressing the disease? Are we making any progress? Mr. Ashe. I think we are making tremendous progress, Senator. Of course, funding has been essential to that progress. I think we are understanding more about the disease. I mean, you mentioned 19 States. We have an extensive monitoring framework now that is done cooperatively with our State and other Federal partners. We have put in place protocols for cave--for consideration of cave closures, and cave resource management. We are and have worked on rapid response plans. So I think we have, we have made tremendous strides in our understanding of the disease. Of course, what eludes us still is how to prevent further spread of the disease and really even fully understanding the vectors through which the disease is moving across and between the States. And so, we need more support. We need more research. We need improved partnership in the future between Federal, State, and private parties if we are going to attack the problem. But it is extremely complex. Senator Lautenberg. Well, we have marshaled a lot of resources, not just the funds but organizationally. And we know that in Europe there is a different version of the white-nose syndrome. I do not know what we are learning from them, but I assume that we are swapping information freely? Mr. Ashe. We are working with Europe. Of course, the fungus, the same fungus essentially in Europe does not cause the mortality in bats that we see in the United States. And so, there is always hope that bats here, that we will see an adaptation. There has been some indication that there may be some adaptation occurring, but it is way too early to tell whether that will be widespread. But what we need is to better understand how the fungus is moving, how it is affecting bats at the population scale, what kind of management can we undertake to mitigate the effects on bat populations. Senator Lautenberg. All of the questions that you just posed are very good, and we look to you for the answers. Mr. Ashe. Thank you, sir. Senator Lautenberg. The white-nose syndrome killed upwards of 5 million bats and continues to spread across the country. Now, earlier this year, the disease was confirmed west of the Mississippi, raising the risk for some of our largest agricultural States. What impact might the decimation of the bat population have on agriculture? Mr. Ashe. We speak a lot these days in the conservation world of ecosystem services, essentially the free service that healthy and vibrant ecosystems provide. We know they provide flood control. They provide air quality and water quality benefits. The bats, they provide a huge benefit to the agricultural industry in terms of elimination of pests, insect pests. And so some of the estimates are $20 billion to $25 billion in ecosystem services that are provided by bat populations to the agricultural industry. So, the decline, a potential decline or devastation in bat populations is of tremendous consequence to the American people, not just in the economic effect but then, in order to replace that service, we have to use pesticides. So there would the corresponding increase in our reliance upon pesticides with the corresponding potential and wildlife effects. Senator Lautenberg. And obviously price increases would like follow, as the crops are produced in less quality. Dr. Anderson, I have introduced legislation to reform our country's broken chemical safety law. We talk about TSCA, in particular. Included in my Safe Chemicals Act is a provision to reduce animal-based testing and promote research into advanced toxicity testing techniques. How far along are we--we have talked about this fairly extensively already--in developing tests that provide scientifically valid data without using animals at all? Dr. Anderson. We are not quite there yet. The thing that is on the horizon now is the use of small, isolated units of biology, or a few cells that mimic something about the body that we can interrogate with toxins or with pharmaceuticals. We have several examples of that at NIH that we have recently developed. One is a big program with DARPA and FDA in regulatory science, or how do we collect the data to review drugs appropriately and safely move them along and hopefully faster. We have a way to go, but are working very hard in this area. Senator Lautenberg. Thanks, Mr. Chairman. I have additional questions I will submit for the record. Senator Cardin. That is perfectly acceptable. Senator Udall. Senator Tom Udall. Thank you, Chairman Cardin. Thank you both for your testimony. Director Ashe, in particular I appreciate your testimony on the population impact on our natural resources. I am glad that is something that you are concerned about, and also your concerns for diversity. We have, Dr. Ashe, a very important decision, as you know, the upcoming listing decision of the dunes sagebrush lizard, an extremely important issue in southeastern New Mexico. New Mexico ranchers, oil and gas producers, the State Land Office, and BLM have entered into conservation agreements covering 90 percent of the lizards' habitat in New Mexico. Last week, Senator Bingaman and I sent you and Regional Director Tuggle a letter commending the work on these agreements. We encourage the Fish and Wildlife Service to finalize similar agreements in Texas. What do these conservation agreements mean for ranchers or oil and gas producers who have signed them? Mr. Ashe. I think that what we see emerging in New Mexico and hopefully expanding into western Texas is really a model of how we can approach endangered species conservation in the future. And those candidate conservation agreements and candidate conservation agreements with assurances, in particular, what they represent to those landowners is essentially insurance that if a listing does occur, that what they are doing, those best management practices that they are implementing, will be enough. That is all they will be held to. So, in the best case, they can help us avoid a listing because by implementing those best management practices they are abating the threat to the species. And so, we are hopeful that we may be able to avoid the necessity to list if we get similar commitments in Texas. But even if we have to list, they have that assurance that those practices that they have committed to are all that they will be held to in the event of a listing. Senator Tom Udall. And from a scientific perspective, how valuable are these agreements to protect the species? Mr. Ashe. Well, they attack the cause. The threat to the species is the loss and fragmentation of its habitat. And so, the foundation of those agreements is avoidance of the shinnery oak habitat that is key for the dunes sagebrush lizard, avoidance, minimization of damage and then mitigation of any damage that does occur. So, it is essential to dealing with the threat to the species. Senator Tom Udall. And from a legal perspective, how significant are these agreements under the Endangered Species Act? Mr. Ashe. Well, as I said, they provide the key if we are doing to avoid the necessity for a listing because we have to show that the threat to the species has been abated. And so, from a legal standpoint they would provide the underpinning that is necessary if we are going to reach a not warranted conclusion. Senator Tom Udall. As you are aware, Director Ashe, the Center for Excellence for Hazardous Materials Management in Carlsbad is a respected and independent third party non-profit organization responsible for holding the lizard permit as part of these conservation agreements. Can you explain the role of the Center for Excellence in Carlsbad and how valuable they have been in this process? Mr. Ashe. We have to--when we form a candidate conservation agreement, we have to have somebody to hold a permit, and in this case we have had a third party step up in New Mexico to be the holder of that permit. Then they will be the party that we go to to ensure terms are being adhered to and that we can show that the conservation that is supposed to occur is actually occurring. We have seen, thus far, an excellent track record in New Mexico, so reason for optimism. Senator Tom Udall. And their job is to go out on the ground and make sure that the conservation is actually occurring? Mr. Ashe. Occurring, correct. Senator Tom Udall. The third party permit holder. Have we ever seen conservation agreements on the scale that New Mexico has done for the lizard? And if they are successful, could they be a model to protect future species? Mr. Ashe. I am not aware of any application where we have seen candidate conservation agreements at this scale. We have now 2 million to 2.5 million acres of land in eastern New Mexico covered under candidate agreements that will help us conserve both the lizard and the lesser prairie-chicken. And this really is, I think, an emerging model for endangered species for candidate conservation where we get ahead of a listing decision, we put conservation on the ground, we are working with private landowners. And I would have to give a bit of shout out to the Bureau of Land Management in this case in eastern New Mexico. The Bureau of Land Management has been an exceptional partner in this endeavor. And you are also considering here today the reauthorization of the National Fish and Wildlife Foundation. The Foundation has been a grantee in this case and has been a key partner in making this success story happen. Senator Tom Udall. Thank you. Chairman Cardin, I just have one additional question for Dr. Anderson, and then I would submit the rest of my questions for the record. Dr. Anderson, in Alamogordo, New Mexico, there is a primate facility housing approximately 200 chimpanzees formerly used in research. This group of chimpanzees has been described extensively by scientists and in the media as sick, aged, infected, diseased, maimed, and scarred. Many scientists have suggested this group, in particular, is completely inappropriate for invasive testing. Members of Congress, members of the New Mexico legislature, and the city of Alamogordo have expressed concerns to the National Institutes of Health over further invasive testing on this group of chimps. As you know, the vast majority of these chimpanzees have not been used in invasive studies since 2001. It is my understanding that all the Alamogordo chimpanzees were exposed to hepatitis C and HIV during their years in research, and most of the population is affected with multiple, chronic conditions. Does preexisting exposure to hepatitis C and HIV limit the usefulness of chimpanzees in future research? And are there areas of research where this specific Alamogordo population with their ongoing conditions could still be used in light of the IOM study? Dr. Anderson. Well, first, let me reassure you that there is no research at the Alamogordo facility, and we have charged the working group with making recommendations on the size and the placement of future populations, the size of a group of animals that would be needed for research, and the Alamogordo population will fall within their considerations. Senator Tom Udall. Thank you. Thank you very much. And Chairman Cardin, thank you for your courtesy in letting me go over a little bit there. Senator Cardin. Let me now recognize Senator Carper and thank him for his leadership on the Delaware River Basin Conservation Act, S. 1266. Before Senator Carper begins, let me point out that we have only heard very positive things about this legislation. Senator Carper. Could that possibly be my bill? [Laughter.] Senator Carper. Well, who said them? Who said those positive things? Was that you, Mr. Ashe? Mr. Ashe. I think I did. Senator Carper. OK, good. Well thank you. Thanks very much. Thank you both very much for joining us. I am sorry I missed your testimony. My colleagues and I, we usually have several different hearings going on at once, and I have been trying to combat waste and fraud in Medicare and Medicaid downstairs for the last hour or two. Now, we are going to come up and try to do good things with clean water in a bunch of places, including the estuary that we call the Delaware River Estuary. It is a big one. And we have noted, with some pleasure, the river that divides our two States, the water quality is getting better. We continue to work on it because everything we do we know we could do better. Let me just ask, if I can, I have a statement I would like to enter for the record, Mr. Chairman, please. Senator Cardin. Without objection, your entire statement will be made a part of the record. Senator Carper. Thank you. Thank you. Mr. Ashe, based on your expertise as Director of the Fish and Wildlife Service, could you just expand for us on the importance for us that you mentioned in your testimony of protecting the Delaware Basin Watershed? What are some of the risks, ecological risks, economic risks, and other risks that could come to bear if we do not invest in protecting the Delaware River? I think when you look at how much money we invest, the Federal dollars that we invest in protecting the Delaware River Estuary, I think it is pretty modest by Federal standards, by like $1 million. Can you compare that with some others? Maybe you can give us an idea of what we are spending in some areas of the country if that is a modest investment. I think it is. I would be interested in knowing what the cost-benefit ratio is but it has got to be pretty good because the investment is so modest. Could you just, if you will, go back to the importance that you mentioned in your testimony of protecting the Delaware River Basin and also just share with us some of the risks? Thank you. Mr. Ashe. The Delaware River and the Delaware Bay Estuary are--provide a tremendous natural resource for the country. And when you think about the two sides, of course, even in the Fish and Wildlife Service we have the Cape May National Wildlife Refuge on the New Jersey side, we have Prime Hook and Bombay Hook on the Delaware side, we have a tremendous interest in resources like the red knot, a migratory species that goes from South America to the Arctic to nest. Delaware Bay is a key resting and foraging place for the red knot. Senator Carper. We like to say it is the place they like to stop for lunch. Mr. Ashe. Exactly. Senator Carper. Sometimes breakfast, too. Mr. Ashe. So it is just a key strategic resource from the standpoint of fisheries and wildlife management along the Eastern Seaboard. And you mentioned the cost-benefit ratio. I think what you are trying to do is preventative care, put the investment into the resource before we have a crisis. We can see places like the Everglades, where we are spending billions of taxpayer dollars, and the San Francisco Bay Delta, again billions of taxpayer dollars to restore ecological systems that have collapsed as a result of misguided management in the past. Se, we applaud your effort to really do preventative management and lead that effort. What we would like to do is work with you to see if we can put this into the context of some of the larger efforts that we are looking at along the north Atlantic, the North American Wetlands Conservation Act and some of the larger landscape issues that we are working on and are represented in the legislation before the Committee today. Senator Carper. Let me just ask a question about how do we measure progress. One of my favorite questions of people when they are presenting with us ideas to spend Federal dollars is what do you want to accomplish, and how would you go about measuring progress. Could you just sort of work off of that question with respect to an estuary like the Delaware River Basin Watershed? Mr. Ashe. Measuring progress in our field is, of course, a great challenge. One of the things that we are working on in the U.S. Fish and Wildlife Service is can we use, can we find biological metrics that tell us something about ecosystem health on a larger scale? And so, we would like to look at areas like the middle Atlantic, the Delaware River Estuary, and say, can we establish biological markers that tell us something about the larger ecosystem function? So, we might look at things like the red knot. What is, is that population a good indicator of aspects of ecological health within the Delaware River Basin? Things that we can readily measure but that also tell us something about larger ecological function. Senator Carper. OK. If I could, last week Senator Lautenberg and I were sitting here and we were having a hearing on mercury, the emission of mercury and what it does when it gets into the water and fish, birds and waterfowl, and what is done with pregnant women, childbearing women and the children they bear in too many cases. And right there, sitting in your seat, was a witness from Michigan, the northern part of Michigan, and she is an outdoorswoman of some renown, and she is lovingly referred to in northern Michigan as the Sturgeon General. [Laughter.] Senator Carper. The Sturgeon General. So, when she testified, Senator Lautenberg, I called her General during the course of her testimony. [Laughter.] Senator Carper. She was actually quite a good witness. But when you look to sturgeon population in the Delaware River, I think is coming back a little bit. I just kind of--is this one of the markers that we look at to see if we are making some progress? I think we are. The last thing I would say is we have gone through, as Senator Lautenberg knows, a lot of discussion between Delaware, Pennsylvania, New Jersey, and others, environmental community reports up and down the river, on whether or not we can safely dredge the Delaware River Bay to a depth of 45 feet in order to make sure that our ports remain vibrant and relevant. And after a lot of research and thinking and talking and all, we finally decided that yes, we can do that. There is a big question, one of the questions we wrestle with here is, is it possible to have economic growth and job creation and still protect the environment? And we think in this case that we can, and we are going to go forward in a very guarded, measured way to make sure that our ports continue to be vibrant, active, and relevant but at the same time we do not despoil the water, reverse the quality that we have made in cleaning up the Delaware River. Mr. Chairman, I think it is great that you had this hearing. We really appreciate your giving us a chance to talk a little bit about the legislation some of us have introduced. So, thank you so much. [The prepared statement of Senator Carper follows:] Statement of Hon. Thomas R. Carper, U.S. Senator from the State of Delaware I would like to thank Chairman Cardin for scheduling this legislative hearing today to consider a number of important items, including S. 1266, the Delaware River Basin Conservation Act. The Delaware River Basin Conservation Act is co-sponsored by members of this Committee, including Senators Lautenberg and Gillibrand, and Senators Coons, Casey, Menendez, and Schumer. There is also a House version of the Delaware River Basin Conservation Act, which was introduced last June as well, and is co-sponsored by several Republican and Democrat Members of Congress. Despite being a major economic, environmental, and recreational asset, the Delaware River Basin watershed region does not have a Federal program charged with leading conservation and restoration efforts in the region. The Delaware River Basin is home to more than 8 million people, and more than 15 million people depend on it as a source of drinking water, including the populations of the first and fifth largest cities in our country, New York and Philadelphia. It is estimated that the Delaware River Basin contributes more than $10 billion annually to the economy, supporting critical economic activity in the port, shipping, agriculture, fishing, tourism, food and beverage, and other industries. Given the tremendous value of the Delaware River Basin, it makes a lot of sense to me that we would take the necessary steps to safeguard this important resource so that it can continue to provide this great value to our economy, environment, and our communities for generations to come. S. 1266 would establish the Delaware River Basin Restoration Program within the Fish and Wildlife Service. This program would be charged with creating a single, basin-wide strategy to guide conservation and restoration efforts in the Delaware River watershed region. The program would support on- the-ground conservation and restoration projects in the Delaware River region. These projects would create real jobs-- jobs that not only add economic value but also improve the quality of our environment, resulting in a double return on our investment. S. 1266 was passed out of the Environment and Public Works Committee in December of last year. Prior to that, my office worked closely with several stakeholders that operate in the Delaware River watershed region, and with the U.S. Fish and Wildlife Service, to make improvements to the bill, which were successfully included in the bill that was passed out of this Committee last December. I greatly appreciate today's legislative hearing as an opportunity to hear further feedback on S. 1266 and will take the comments offered by our witnesses today to heart as we continue to move this important piece of legislation forward. Thank you. Senator Cardin. Senator Carper, we thank you for your strong national leadership on great water bodies, including the Delaware River Basin. It is the way that I think we can really get a handle on preserving our biodiversity and our environment, and we also pointed out, our economy. It is very important. We appreciate your leadership. Dr. Anderson, before I do that, Mr. Ashe, I want to just compliment you on the response with Senator Udall as it relates to the Endangered Species Act. We are in total agreement that these candidates for conservation agreements are the way to proceed for the two reasons that you mentioned. First, they avoid a listing when we have management plans that are reversing the trends that have already taken place. And second, in the event that there is a listing, it also provides safe harbors for those who have made the proper investments. So, I thank you for that. And thank you for the leadership in New Mexico, Senator Udall. I think what you are doing is the right thing as it relates to the lizard, and we hope that we will be able to proceed in western Texas so that this will be an issue that will be handled in the spirit of why we have the Endangered Species Act. So we wish you well on that. Senator Tom Udall. Thank you. Senator Cardin. Dr. Anderson, I want to turn to the chimpanzees for one moment. I very much appreciate your testimony and the acceptance of the Institute of Medicine's recommendations. But you point out that it is going to take a little bit of time for you all to figure out exactly how to handle this as it relates to your current population of chimpanzees. I think the Cantwell bill envisions--well, it would not envision, it mandates that the experimentation end. It also points out that many of the chimpanzees would be sent to sanctuaries and envisions a savings of several tens of millions of dollars for taxpayers. My question to you is, or request, is that I would ask the National Institutes of Health to give us some direction. If Congress is to pass legislation, how you would want that legislation drafted? I do not want to make any assumptions. But the legislation, as currently drafted, if it were enacted into law, would prevent the further experimentation on chimpanzees. I understand from your testimony that is not the position of the National Institutes of Health at this particular moment. So I would ask that you focus on what would be the proper congressional response to help the implementation of the Institute of Medicine's recommendations which may be, or may not be, what the Congress wants to do. But I think it is a good starting point and probably does represent the best consensus that we might be able to get in Congress. Dr. Anderson. Thank you, Senator. We will do that. We will do that in writing. Senator Cardin. That would be, I think, helpful for us in our work. And also as it would relate to what your intentions are to do with the chimpanzees that are no longer going to be candidates for use and how you would recommend we handle that transition. Dr. Anderson. I would like to point out that we have asked for recommendations from the working group specifically on these issues. So, I would not want to preempt their conclusions. But they are asked to address those issues. Senator Cardin. That would be helpful if you get first their recommendations to you and then second your response. So far as I understand it, you are accepting the Institute of Medicine's recommendations. Dr. Anderson. Completely. Yes, sir. Senator Cardin. And if that continues, we need to know that because they give you additional information. My expectation is that you will follow their recommendations, and then we will need a game plan as to how you intend to implement that and how the Congress could be helpful so that these policies become institutionalized within the Government, not just from one Administration, but have a little bit more staying power. Dr. Anderson. Thank you, Senator, we will. Senator Cardin. And then the last point that was raised as to how it relates to animal experimentation beyond just chimpanzees. It would be interesting to keep us informed on that so that we can try to be a positive partner with the National Institutes of Health. Dr. Anderson. Thank you. We will. Senator Cardin. Thank you. Again, let me thank both of our witnesses for their testimony. We will now turn to the second panel. Let me welcome Dr. Doug Inkley, Senior Wildlife Biologist for the National Wildlife Federation. Dr. Inkley is a certified wildlife biologist with expertise in ecology and wildlife management and is the National Wildlife Federation's Senior Scientist. Let me also welcome Dr. Martin Wasserman, former Secretary of the Maryland Department of Health and Mental Hygiene, former Administrator of the Oregon Public Health Department. Dr. Wasserman is a pediatrician, a lawyer, and has served as the Executive Director of the Maryland State Medical Society, a Maryland constituent and a friend. So it is good to have Dr. Wasserman here. We have worked together on many issues from public health to policies affecting broader issues in our State. It is a pleasure to have you before our Committee. And Dr. Greg Schildwachter. Dr. Schildwachter is a professional conservationist with 25 years of experience in policy, science, and management of land, water, fish, and wildlife. He holds a degree in Wildlife Biology from the Boone and Crockett Wildlife Conservation Program at the University of Montana, as well as degrees from the University of Tennessee and the University of Georgia. It is a pleasure to have all three of you with us. We will start with Dr. Inkley. STATEMENT OF DOUGLAS B. INKLEY, PH.D., SENIOR SCIENTIST, NATIONAL WILDLIFE FEDERATION Mr. Inkley. Good morning, Senator Cardin. As a 30-year resident of the State of Maryland, I have to tell you that I was especially pleased to receive your invitation to testify today. Senator Cardin. I do not think I had that on my introduction. Mr. Inkley. No, I kept it a secret. Senator Cardin. Well, let me add that to my introduction. It is a pleasure to have another Marylander on the panel. [Laughter.] Mr. Inkley. Thank you. The National Wildlife Federation's 4 million members and supporters include outdoor enthusiasts of all types, hunters and anglers like myself, backyard gardeners, birdwatchers, and many more. So, on their behalf today, and our 48 affiliated States, including the Baltimore Aquarium, one of our affiliates, we greatly appreciate the opportunity to testify for the purpose of protecting wildlife for our children's future. So thank you again. It is worth noting that four of the bills under discussion today pertain to three long standing laws supported largely by hunters and anglers. It is a testament to their commitment that they support providing the funding for the so-called Duck Stamp Act, the Federal Aid and Wildlife Restoration Act, which you and I know as the Pittman-Robertson, or PR, Act, and matching funds for implementation of the North American Wetlands Conservation Act. As a hunter, I am especially proud that my fellow sportsmen and women are putting their money where their mouth is, over the history of those programs, some $10 billion just for those three programs alone to conserve some 35 million acres. In the interest of brevity, I ask that my entire written testimony be submitted for the record. Senator Cardin. All of your statements, all three of the witnesses, your full statements will be included in the record. Mr. Inkley. Thank you. I will briefly highlight five of the bills. The first two bills pertain to the Duck Stamp Act. The National Wildlife Federation has supported this Act ever since our founding in 1936. J.N. Ding Darling, a giant in conservation, helped establish the Duck Stamp Act in 1934 and sketched the first ever duck stamp. It is no small coincidence that Ding Darling was also a founder of the National Wildlife Federation and the artist for our first annual production of conservation stamps. So we feel a particular affinity for that law and are very supportive of it. The Duck Stamp Act requires all waterfowl hunters to purchase a duck stamp and the revenue furthers the conservation of wetlands and contributed to the addition of more than 6 million acres to the National Wildlife Refuge System. Certainly, a great success. So the two bills being discussed today, the Permanent Electronic Duck Stamp Act of 2012 and the Migratory Bird Habitat Investment and Enhancement Act, are both intended to strengthen the ability to continue the effectiveness of this program. Without going into the details of those programs, I will simply state that we certainly strongly support both of those and look forward to their being passed and enacted into law. The third bill to discuss today, and I noticed that Senator Carper was here earlier, is the Delaware River Basin Conservation Act, S. 1266. This Act provides a framework for protecting and restoring the Delaware River Basin. It has more than 200 finfish and shellfish species, and the watershed provides clean drinking water to 7 million people in the city of New York. These benefits, unfortunately, are threatened by changes in land use and the region's long legacy of pollution. The Act would help to one, restore or protect fish and wildlife species and habitats, and two, improve or protect water quality. So, we support the Delaware River Basin Conservation Act and applaud the Committee and you, Senator Carper, for favorably reporting it in December 2011. Thank you. The fourth bill is the National Fish and Wildlife Foundation Reauthorization Act which I will refer to as NFWF, which most people do. It facilitates private investments in fish and wildlife conservation in partnership with Federal conservation agencies such as the Fish and Wildlife Service. It is especially important in these economic times, and impressive, that NFWF leverages every Federal dollar with at least 3 private dollars to invest in conservation. Two great examples of success are efforts to restore the longleaf pine community in the Chesapeake. Both are described in greater detail in my testimony, but I would also note that the National Wildlife Federation and our affiliated organizations are both involved in those conservation efforts. S. 1492 will reauthorize NFWF at its existing authorization level and allow NFWF to continue its remarkable legacy of conservation successes. We urge its passage. The fifth and last bill that I will make my remarks on, briefly, is the North American Wetlands Conservation Extension Act. This really is a world class model for successful public- private cooperation, achieving on-the-ground wildlife conservation. Since its inception nearly a quarter century ago, NAWCA has facilitated the conservation of more than 26 million acres across the 50 States of the United States. Because it has such a strong track record in incentivizing significant investment in habitat conservation, we certainly support this program as well. In conclusion, we appreciate the Committee's efforts to address these important wildlife issues that have been the subject of today's hearing and look forward to working with you to enact them. And again, thank you very much for having me. As a Maryland resident, we finally meet. [The prepared statement of Mr. Inkley follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Senator Cardin. It is a pleasure to have you before the Committee. Dr. Wasserman. STATEMENT OF MARTIN WASSERMAN, M.D., J.D., FORMER SECRETARY, MARYLAND DEPARTMENT OF HEALTH AND MENTAL HYGIENE, AND FORMER ADMINISTRATOR, OREGON PUBLIC HEALTH DEPARTMENT Dr. Wasserman. Thank you, Chairman Cardin. Thanks for inviting me to speak on behalf of the Great Ape Protection and Cost Savings Act. I am Dr. Martin Wasserman, and I have lived in Maryland for 45 years. And I received both my medical and law degrees here. I have treated children on the Navajo Reservation in New Mexico as well as in West Baltimore at University Hospital. Particularly relevant to today's discussion, though, I have also been the Medical Director of Immunization Practices and Scientific Affairs for the Vaccine Division of GlaxoSmithKline Pharmaceuticals. As both a pediatrician and public health physician, I have always placed patients first. But when certain animal research or experimentation is no longer necessary, I have also considered my Hippocratic Oath which constantly reminds me to ``do no harm.'' To that end, I believe we have an obligation to utilize the most effective scientific methodologies when performing research in order to improve the public's health. The legislation before you today has many components. One, it recognizes the social and behavioral similarities of chimpanzees and humans. But even though we share 95 to 98 percent of each other's genetic material, the expression of these genes can be dramatically different in our two species. Two, it acknowledges chimpanzee contribution to past medical research, like polio, as stated, in 1950. But because of recent advances in scientific methodology, it recognizes that continuing to use them is unnecessary. Three, it rewards these animals' service by phasing out invasive experimentation as we gain new knowledge and methodologies and provides lifetime care in a Federal sanctuary. Four, it codifies and provides the force of law, the force of law--the force of law--to the current NIH voluntary breeding moratorium and ends breeding of chimpanzees for the purpose of invasive research. And fifth, it will save the Government $300 million over the next 10 years. Four months ago the Institute of Medicine released a report on the necessity of chimpanzee research, initiated at the request of Senators Harkin, Udall, and Bingaman. As Dr. Anderson stated, Dr. Collins and NIH have taken the IOM report seriously, and they are to be applauded for their efforts. But theirs is the response of the current NIH leadership. And as we well know, administrations change, leaders change, and policies change. Passing this bill will exclusively focus on chimpanzees. It will ensure that invasive experimentation in chimpanzees will be phased out in the future and will encourage researchers to adopt alternative, more timely, and more fruitful research approaches. In the IOM report, the authors did not find a single area of human health research for which chimpanzees are necessary. Even during their discussions of hepatitis C disease, the authors concluded that chimpanzees are not necessary for either anti-viral drug discovery or development or the development and testing of a therapeutic vaccine, and also that it is both possible and ethical to bring a preventive vaccine to human testing without using chimpanzees. Although hepatitis C remains a serious worldwide public health problem, further chimpanzee research will not be helpful in our battle against this disease. A variety of alternative research approaches for hepatitis C are available, including the VaxDesign MIMIC system. This human-based, in vitro system is appropriate for every stage of drug and vaccine development. Some businesses are developing new research methodologies already, and I am proud that my former company, GlaxoSmithKline, is no longer using chimpanzees in its research. Let me clear up a misunderstanding with regard to the Food and Drug Administration and chimpanzee research. The FDA does not require the use of chimpanzees for either drug or vaccine testing. In fact, during the past year the FDA approved two new drugs for hepatitis C, Bociprevir and Telaprevir, neither of which used chimpanzees in either the development or testing phase. In the beginning of my comments I mentioned the Hippocratic Oath, to ``do no harm.'' Consider the following. The United States is the only Nation in the world known to use captive chimpanzees for large scale invasive research. These animals respond to stress and trauma as we do. Published studies reveal that they suffer symptoms of post-traumatic stress disorder, and when used in research they become clinically depressed and demonstrate multi-organ diseases. Since there is little we will gain by continuing to use them in research, there is no need to continue to keep them in costly laboratories where complex social and psychological needs cannot be met. In conclusion, concerns have been expressed that passing this bill would preclude the use of chimpanzees in the case of a national emergency. During the IOM hearings, experts in biodefense stated that chimpanzees would make poor models for future emerging diseases because of their slow response times, in terms of months rather than days. The bill's sponsors have agreed to include an amendment inserting an emergency clause in case of a dire public health crisis. Provided it remains transparent, the clause should sufficiently address any public health concern about the future need for chimpanzees in research. I respectfully request that you pass the Great Ape Protection and Cost Savings Act. It will end a cycle of wasteful and unnecessary research, save money, and protect chimpanzees who have already given so much of their lives to research in the past. Thank you. [The prepared statement of Dr. Wasserman follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Senator Cardin. Thank you, Dr. Wasserman. Dr. Schildwachter. STATEMENT OF GREG SCHILDWACHTER, PH.D., WATERSHED RESULTS LLC Mr. Schildwachter. Thank you, Mr. Chairman, and thank you for your excellent pronunciation. I appreciate that as much as I appreciate Senator Inhofe's welcome though it was remarkable more for enthusiasm than for accuracy in pronunciation. [Laughter.] Mr. Schildwachter. And I thank you for taking up the measures before you today. They are nearly all about active conservation, which gets less publicity usually than environmental conflicts, perhaps because it is less noticeable in the out of the way places where it takes place and less attractive with the actual physical labor involved in habitat restoration. But it is more important than what divides us. We cannot live without wildlife or the places where they live. And active conservation is how we ensure that we have them. It is a starting point for where we can all agree. It is a standard for resolving our disagreements over regulatory protections. And it has been the historical commitment for sportsmen for more than a century in American history. And though I speak today for myself, I know for sure that many sportsmen's organizations will share in the views that I share with you today, especially in thanking you for the bipartisan agreement on the agenda today. Active conservation comes down to someone who must do the work, and often that is the landowner. In fact, it must be a landowner if we are to succeed. We also need Federal support to share this responsibility. The costs must be shared because the values are also shared, and the benefits that are created from habitat conservation. The programs you consider today show that responsibilities are being shared in a way resembling infrastructure policy. That is appropriate because habitat is the infrastructure for wildlife, and the principle at work is that those who enjoy the benefits most directly pay most directly to support them. The general benefits fall on everyone, and therefore a share of Federal funds is right and proper. The sportsmen's ethic has always been to create and cultivate that which we seek to enjoy and to pay our way. The National Fish and Wildlife Foundation is an example, and I support Senate 1494 to reauthorize it. NFWF is a true-- not rhetorical--investment in that $1 of Federal expense returns multiple dollars back from the private sector. It returns an actual return. NFWF has proven successful in its nearly 30+ year history, nearly 30-year history, and the bill refines the authority according to that experience. For example, the provision authorizing how funds can be exchanged between NFWF and the agencies will make it more efficient. NFWF is a valuable mixed model of public and private conservation to leverage the strengths of the governmental role and the abilities of the private sector. Likewise, NAWCA, the North American Wetlands Conservation Act, is a cost share arrangement between private and State partners that raise money for wetland conservation, and I support S. 2282 and recommend its reauthorization. NAWCA is one of the six major wetland programs we have and part of the reason we are on track to regaining prevalent wetlands in this country. The Duck Stamp Program for which we have both Senate 2071 and Senate 2156 is similar, and I support these bills as well. With these measures, more people will be able to purchase the duck stamp more easily, and the inflation adjustment likely to follow will restore some of the buying power of these conservation dollars. I support Senate 1249 for similar reasons. Shooting ranges are a different form of infrastructure for conservation, but these are places where training and competition in the skills of marksmanship become either a hobby or the avocation of fair chase hunting. Arms and ammunition pay an excise tax into the fund that would support these ranges and which, in turn, would create more revenue for the fund and recruit more participants in the sports that support wildlife and habitat conservation. I have fewer observations on the other measures, Mr. Chairman, but I have provided these in my written statement. I thank you again for the opportunity to appear. I look forward to any questions. [The prepared statement of Mr. Schildwachter follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Senator Cardin. Well, I thank all three of you for your testimony. First, let me just ask a general question on the conservation bills, five specific, and then you also added the range issue in our parks. Do I understand from Dr. Inkley and Dr. Schildwachter, from your testimonies, that you support these conservation bills? Are there any amendments or any changes that you would want to see us consider, or are you satisfied by the way they are drafted and you give basically unqualified support for those five bills, in Dr. Inkley's case, six bills in Dr. Schildwachter's case? Mr. Inkley. Go ahead, Greg. Mr. Schildwachter. Yes, sir. I am on board. I would only add that another feature that I would urge the Senate to consider as they are looking at these programs with the cost share basis and the matching funds and the mechanisms by which they work in that these programs really need to be prized as we do the necessary work of balancing the budget because the programs not only leverage dollars from the private sector, but in creating the infrastructure as I described, they also become places where sales of services and equipment can then proceed and in their way contribute to economic recovery as well. Mr. Inkley. Thank you for asking. Yes, we do support these wildlife bills and their passage. The one bill, Wildlife Disease Emergency Act, S. 357, we would like to see several discussions pertaining to some possible amendments. One of those is that the bill currently would apply only to native species, and while invasive species are a huge problem in this country, invasive species also can carry disease which may be transmitted to native species. So, it would seem appropriate that this bill also apply to some of the non-native species that may present a problem by carrying diseases to native species. Second, we would like to see the definition of the Wildlife Disease Committee, or the members of that committee, further defined to make sure there is a balance of government and non- government members on that committee to make recommendations. Those are our two primary recommendations for the wildlife---- Senator Cardin. Well, we thank you for that. I would seem to me that if an invasive species disease is affecting native species that it would probably be covered under the provisions. But it is a point that might be worth us reviewing. Mr. Inkley. We would like to see that clarified, sir. Senator Cardin. OK. Thank you. The point about the economic issues is right on target. I mean, we do look at conservation as helping, first of all, the economic activities that you have already talked about. So, we do see this as a plus on the economic side. What we want to make sure is that the monies that are being generated are used for their intended activities; they are not taken for other purposes. We have had a great track record on all of these programs. The funds have actually gotten to their intended use, and we would certainly want to make sure that continues as we look at reauthorizations or expansions of the different conservation programs. Dr. Wasserman, let me turn to the chimpanzee issue for a moment, if I might. I think you have been pretty clear about your position. It does seem to be contrary to what the National Institutes of Health are suggesting to us and that is that there could be a potential use of chimpanzees for research in the future and therefore that capacity needs to be maintained, admittedly at a different level and under different protocols for future use that we have been using currently, but that there is this ongoing potential need that we would not want to see legislation prevent. I take it you disagree with that? Dr. Wasserman. Not completely, Senator Cardin. First of all, thank you for having this hearing and for considering this subject, which is so important. We met in your office and you expressed a similar concern. In reviewing the Institute of Medicine report, they brought in biodefense testimony just on this specific question, what if there is an emergency--you have to have chimpanzees available. During that discussion, it was stated that we could never consider, never consider where that emergency could come from because using a chimp, it takes so long for a chimpanzee to respond, and we have so much better and more viable non- chimpanzee models to use. Nevertheless, I recognize the concern that you express and that others have expressed, and there has been an amendment that has been submitted that under certain situations, with transparency, with an opportunity for public comment, then we think that the public's health could be protected and the inclusion of that amendment should satisfy those concerns. Again, I must reiterate that all of the research and all of the testimony suggested that there is really no need for the chimpanzee model. We are not talking about other animals at this point because this bill is exclusively focusing on chimpanzees. I could go through a litany of differences between how the chimpanzee as a biological model differs from the human despite the sharing of genetic materials. And particularly in hepatitis C and HIV research, which is why we had so many chimpanzees in the past several decades, it was learned that chimpanzees could be infected with HIV but the disease does not progress to AIDS the way it does with humans. In testing approximately 85 promising vaccines in chimpanzees, there were 200 clinical experiments in humans, none of which proved fruitful. And in fact, that is how one wastes time in doing research where we focus on the wrong model and spend unnecessary time on it. So, we feel very confident that there will not be the need for chimpanzee research in any kind of a public health emergency and would urge that we do not amend this legislation in a way that could be taken abuse of and not really effectuate what this legislation proposes to do. Senator Cardin. Well, I thank you for that. And while we appreciate the spirit of the amendment that you are suggesting, we will wait to see. We will not wait long. And Dr. Anderson indicated that he will have written comments to us, I think he said timely. We would welcome your thoughts as we get additional information, not only from the National Institutes of Health but also from the Institute of Medicine as they are looking at ways of transitioning to a new policy. We would welcome your response to that information. Dr. Wasserman. Thank you. I would be delighted. Senator Cardin. Thank you. Let me point out that the record of the Committee will remain open for 2 weeks. That allows for questions by members of the Committee to our witnesses. It is more likely we are going to get questions for the first panel, but it could also be for the second panel. We ask that if there is a written request for information that you respond to that in a timely fashion. I would also point out that we have received written testimony from Ducks Unlimited, National Fish and Wildlife Foundation, the National Environmental Coalition on Invasive Species, the Humane Society, and the American Society for the Prevention of Cruelty to Animals. Without objection, their statements will be included in our records as well as, as pointed earlier without objection, the full testimonies of all of our witnesses today. Once again, I want to thank you all for your cooperation. And with that, the Subcommittee will stand adjourned. Thank you. [Whereupon, at 12:18 p.m., the Subcommittee was adjourned.] [The referenced testimonies follow:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] [Additional statements submitted for the record follow:] Statement of Hon. Sheldon Whitehouse, U.S. Senator from the State of Rhode Island I want to thank Senator Cardin for scheduling this hearing to discuss legislation relevant to this Committee, particularly the National Fish and Wildlife Foundation Reauthorization Act of 2011 (S. 1494), which I am happy to be a co-sponsor of. The National Fish and Wildlife Foundation (NFWF) enjoys bipartisan support for its ability to use Federal funding to leverage non-Federal support for conservation purposes--often at well over a 2 to 1 ratio--by creating successful partnerships with the Federal Government, State and local governments, and private entities. At a time when Federal funding is difficult to come by and our coastal ecosystems are under stress from chemical and nutrient pollution, marine debris, energy extraction, overfishing, overdevelopment, and climate change, programs like NFWF are especially important. NFWF has awarded 46 grants in Rhode Island since 2000. This $4.8 million in Federal funding has leveraged $6.6 million in matching funds, totaling $11.4 million invested in conservation. For example, NFWF has provided funding to implement a marine science program for elementary schools in Newport, Rhode Island, to conduct biological surveys and management plans for acquisition of land trusts in Narragansett Bay. These management plans are being developed with private landowners in order to both protect natural resources and maintain a working landscape. NFWF grantees in Rhode Island include the Rhode Island Party and Charter Boat Association, Rhode Island Natural History Survey, and Save the Bay. Among other things, these projects are focused on fisheries conservation, collection of marine debris, and improving essential marine and coastal habitats for a variety of native wildlife species. I'd also like to speak in favor of another piece of legislation being discussed today, the North American Wetlands Conservation Extension Act (S. 2282). By restoring wetlands we also protect a variety of species, including migratory birds, that depend on these at risk ecosystems. More than half (roughly 55 million acres) of wetlands in the U.S. have been destroyed, including 95 percent of the San Francisco Bay's original wetlands, 22 percent of Rhode Island's wetlands, 85 percent of seagrass meadows in Galveston Bay, and 25,000 acres annually of coastal marshes in Louisiana. The destruction of wetlands also harms the recreation, tourism, and fishing industries that rely on the species supported by this critical habitat. S. 2282 would extend the authorization of this successful conservation program through 2017. Thank you again to everyone who is here to speak on behalf of these important programs, and I look forward to future action on both pieces of legislation in this Committee. Statement of Hon. Jeff Sessions, U.S. Senator from the State of Alabama Good morning. Thank you, Chairman Cardin, for holding today's hearing. We have a long list of bills on the agenda. Before considering new bills--particularly if they will result in new spending--we should give serious consideration to our Nation's fiscal situation. In fiscal year 2013 our Government will run the fifth consecutive deficit over $1 trillion. We have to act now to ensure that all Federal agencies and programs are operating as efficiently as possible; that means at the lowest possible cost. In all programs we need to look for new ways to maximize the return on Federal taxpayer dollars. We also need to consider the costs and benefits very carefully before creating new programs. We should not ask taxpayers to authorize spending more than is absolutely necessary. I believe that until the Senate and this Administration get serious about passing a budget that sets spending priorities and addresses our debt problem the American people should not be asked to send one more dime in new taxes to Washington. With that said, there are several bipartisan bills on today's agenda that merit this Committee's full consideration. Several bills on our agenda deal directly with issues of importance to our Nation's hunters and sportsmen. For instance, S. 1249, the Target Practice and Marksmanship Training Support Act, which is sponsored by Senators Baucus, Begich, Bennett, Hagan, Klobuchar, McCaskill, Risch, and Tester, would amend the Pittman-Robertson Wildlife Restoration Act to expand the availability of target practice facilities on Federal lands. I think we should give this legislation a close review. I also agree with the concept of allowing States to use electronic duck stamps instead of the more expensive paper stamps. S. 2071, the Permanent Electronic Duck Stamp Act of 2012, which is sponsored by Senators Wicker, Baucus, and Pryor, would authorize the States to issue electronic duck stamps instead of the current paper form. The National Fish & Wildlife Foundation (NFWF) program has also been an effective program that has helped conserve wildlife across the Nation. As just one example, NFWF partnered with Southern Company to invest over $7 million in projects to restore more than 61,000 acres of longleaf pine forest in the southeastern United States. I look forward to hearing more about the NFWF program this morning. I also appreciate the work of Senator Inhofe in introducing the North American Wetlands Conservation Act (NAWCA) reauthorization bill. Alabama currently has several NAWCA projects in the Mobile-Tensaw Delta that are conserving more than 47,000 acres of wildlife habitat. NAWCA is a voluntary program that does not seek to impose unwarranted new regulations on landowners. Voluntary, cooperative wetlands programs like NAWCA stand in stark contrast to the Obama administration's command and control environmental agenda that is reflected in many of the Administration's recent initiatives, including their ``wetlands guidance document.'' Last month, I joined Senators Inhofe, Barrasso, and Heller in introducing S. 2245, the Preserve the Waters of the U.S. Act, which would block the Administration's new ``wetlands guidance'' document from going into effect. Our bill, which has 32 cosponsors, would prevent the Administration from bypassing Congress and the regulatory approval process to vastly expand its jurisdiction over lands and waters across the country. Mr. Chairman, I would respectfully ask that our Committee include the Preserve the Waters of the U.S. Act on the agenda of our next legislative hearing or markup. Finally, I understand that many people are concerned about the treatment of chimpanzees in research facilities. S. 810, the Great Apes Protection Act, is intended to end invasive research on great apes. Scientific research that can cure diseases for humans and animals is so important that we must think this issue through carefully. I have heard from stakeholders on both sides of this important issue, and I look forward to hearing the testimony this morning. Thank you. [Additional material submitted for the record follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]