[Congressional Record (Bound Edition), Volume 163 (2017), Part 2]
[Extensions of Remarks]
[Pages 1767-1768]
[From the U.S. 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 THE USE OF COMPENSATORY MITIGATION AS RECOMMENDED 
          OR REQUIRED UNDER THE ENDANGERED SPECIES ACT OF 1973

                                 ______
                                 

                           HON. DAN NEWHOUSE

                             of washington

                    in the house of representatives

                       Thursday, February 2, 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 27, 2016, 
the U.S. Fish and Wildlife Service (USFWS) released its final 
Endangered Species Act (ESA) CMP,

[[Page 1768]]

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.

                          ____________________