[Congressional Record Volume 163, Number 16 (Tuesday, January 31, 2017)]
[Extensions of Remarks]
[Page E109]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   INTRODUCTION OF THE JOINT RESOLUTION PROVIDING FOR CONGRESSIONAL 
 DISAPPROVAL OF THE FINAL RULE OF THE UNITED STATES FISH AND WILDLIFE 
                 SERVICE RELATING TO MITIGATION POLICY

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                           HON. DAN NEWHOUSE

                             of washington

                    in the house of representatives

                       Tuesday, January 31, 2017

  Mr. NEWHOUSE. Mr. Speaker, I rise today to introduce legislation 
disapproving of the Compensatory Mitigation Policy (CMP) rule finalized 
in the final days of the Obama administration. On December 23, 2016, 
the U.S. Fish and Wildlife Service (USFWS) released its final 
Endangered Species Act (ESA) CMP, which violates existing environmental 
law and puts future economic development across the country at risk. 
This rule establishes policies that are a significant departure from 
existing practices regarding compensatory mitigation and limits 
private-sector, voluntary involvement in developing compensatory 
mitigation plans. My legislation utilizes the Congressional Review Act 
to block this dangerous rule and will prevent the potential 
catastrophic impacts it would have on our nation's economy.
  The CMP exceeds USFWS' statutory authority by adopting the mitigation 
goals of ``net conservation gain'' and ``no net loss,'' which are not 
grounded in federal statute. This directive is a significant departure 
from existing practice and runs counter to current law. The policy will 
lead to an extensive, time-consuming valuation process in which 
development projects are required to initiate an assessment process, as 
well as undertake advance mitigation that could tie up many economic 
projects in burdensome, costly procedures.
  This overbroad policy could jeopardize an extensive range of economic 
development activities in every corner of the U.S., while also 
impacting a wide-range of industries, including: agriculture, forestry, 
mining, natural resource development, energy production, conservation 
projects, and building and road construction. The final CMP will also 
have significant strategic, legal, and financial implications for 
development projects large and small, while ensnaring future economic 
growth in a maze of permitting setbacks and bureaucratic red-tape.
  We must protect our country's economic future and ensure burdensome 
rules and regulations promulgated by a bloated bureaucracy do not 
threaten desperately needed job creation and economic growth. The 
integrity of the law is threatened by misguided federal policies like 
the USFWS's CMP rule, and I urge all members to join me in supporting 
this legislation to block yet another oppressive and overreaching 
regulation promulgated by the previous administration.

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