[Congressional Record Volume 151, Number 129 (Thursday, October 6, 2005)]
[Extensions of Remarks]
[Page E2028]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         THREATENED AND ENDANGERED SPECIES RECOVERY ACT OF 2005

                                 ______
                                 

                               speech of

                       HON. C. L. ``BUTCH'' OTTER

                                of idaho

                    in the house of representatives

                      Thursday, September 29, 2005

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill. (H.R. 3824) to 
     amend and reauthorize the Endangered Species Act of 1973 to 
     provide greater results conserving and recovering listed 
     species, and for other purposes:

  Mr. Chairman, recently the House of Representatives passed H.R. 3824, 
the ``Threatened and Endangered Species Act of 2005.'' During floor 
consideration of this important measure, the distinguished Chairman of 
the Resources Committee, Richard Pombo, offered an en bloc amendment to 
the bill. This amendment, which was adopted, included my provision to 
require the four Power Marketing Administrations, PMAs, to list 
Endangered Species Act-related costs as a line-item in each of their 
customers' monthly billings. These agencies--the Bonneville Power 
Administration, the Western Area Power Administration, the Southwestern 
Power Administration and the Southeastern Power Administration--market 
the surplus hydropower generated at Federal dams, selling this 
electricity to 1,450 wholesale customers throughout the Nation. These 
customers, in turn, provide this federally generated electricity to 
almost 54 million retail consumers.
  The Endangered Species Act substantially impacts Federal electricity 
service and rates. For instance, the Bonneville Power Administration 
and the Western Area Power Administration experience high, double-digit 
compliance costs for Endangered Species Act and related statutes. 
During a hearing earlier this year, the House Resources Committee found 
that compliance played a significant role in recent rate increases and 
led to higher energy costs that were passed directly to consumers.
  The Bonneville Power Administration spends the most of all Federal 
agencies to comply with the requirements of the Endangered Species Act. 
It also has similar responsibilities under the Northwest Power Act. 
Many have pushed the agency to increase the accountability of its 
rapidly growing fish and wildlife programs and to develop measurable 
performance objectives that will lead to long-term stability and 
recovery of certain species. The intent of this provision, however, is 
limited to requiring that the PMAs notify electric power customers how 
these programs impact their monthly electric rates.
  As the bill language in Section 23 makes clear, the agency and the 
other PMAs shall inform their customers of all the direct and indirect 
costs associated with meeting Endangered Species Act and other related 
fish and wildlife obligations. While the PMAs have provided general 
costs associated with the Endangered Species Act in past years, the 
agencies have not provided their customers a detailed or ``unbundled'' 
explanation of these costs. This section simply gives electricity 
consumers the right to know how much of their monthly bills are being 
used to comply with the requirements of the Endangered Species Act and 
related programs. That enables customers to make informed decisions 
about their energy choices, as well as to better understand the market 
implications of public policies. Without such information, customers 
are deprived of the kind of cost signal that is essential to an 
efficient free-market economy.
  It is my understanding that the authorizing committees expect the 
PMAs to provide a detailed explanation of these monthly costs in a 
readable and transparent format. It is important that the PMAs consult 
with their customers before implementing this provision. In addition, 
it is my understanding that the PMAs can comply with this section 
without hiring additional staff or upgrading computer systems since it 
simply involves the creation of new computer billing codes.
   Mr. Chairman, in conclusion, I thank Chairman Pombo for including my 
provision in H.R. 3824. I look forward to working with him and my 
Senate colleagues in seeing this important bill enacted.

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