[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. RICHARD W. POMBO

                             of california

                    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, regarding the authority of Indian tribes under H.R. 
3824, nothing in the Threatened and Endangered Species Recovery Act is 
intended, or shall be construed to expand, diminish or alter the 
authority of Indian tribes, as defined in this bill, with respect to 
the management of fish and wildlife on non-reservation lands.
  In Addition, H.R. 3824 repeals the Endangered Species Act critical 
habitat requirements; however, it preserves the impact analysis 
requirement at the time of listing. Using language similar to that now 
located at Endangered Species Act section 4(b)(2), 16 U.S.C. 
1533(b)(2), FWS is required to analyze the economic impact and benefit 
of the listing determination; the impact and benefit on national 
security of that determination; and any other relevant impact and 
benefit of that determination. For each listing, the Fish and Wildlife 
Service analysis may conclude that there is no benefit, or it may 
conclude that there is a benefit, and that benefit must be based on 
reasonably ascertainable and calculable data. H.R. 3824 clarifies that 
the listing decision continues to be made solely on the basis of the 
criteria enumerated in section 4(a)(1).
  H.R. 3824 requires, and the Resources Committee fully expects, that 
the Fish and Wildlife Service will perform this analysis concurrently 
with all listing decisions. Further, by expanding the scope of the 
analysis to include all consequences of the listing (rather than those 
attributable to critical habitat designation), the Committee expects 
the impact analyses under H.R. 3824 will be better and more useful than 
those prepared under current law. This impact analysis requirement will 
provide not only legal notice, but truly meaningful information 
concerning proposed listing decisions to all those affected, including 
individuals, corporations, property owners, State and local 
governments, the military services, and other Federal agencies. It is 
expected that this opportunity for greater participation by all 
potentially affected parties at the front end of the listing process 
will provide additional assurance that the Fish and Wildlife Service 
will adequately consider all relevant data associated with each 
proposal to list a species. Further, the Committee expects that the 
Fish and Wildlife Service will take advantage of developments that have 
occurred in genetics testing and other technical advances in the years 
since enactment of the original Endangered Species Act, to make the 
most scientifically sound listing decisions possible.

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