[House Report 118-96]
[From the U.S. Government Publishing Office]


118th Congress }                                                {  Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                                 { 118-96

======================================================================

 
  PROVIDING FOR CONGRESSIONAL DISAPPROVAL UNDER CHAPTER 8 OF TITLE 5, 
UNITED STATES CODE, OF THE RULE SUBMITTED BY THE UNITED STATES FISH AND 
 WILDLIFE SERVICE RELATING TO ``ENDANGERED AND THREATENED WILDLIFE AND 
    PLANTS; ENDANGERED SPECIES STATUS FOR NORTHERN LONG-EARED BAT''

                                _______
                                

  June 5, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Westerman, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                      [To accompany H.J. Res. 49]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the joint resolution (H.J. Res. 49) providing for congressional 
disapproval under chapter 8 of title 5, United States Code, of 
the rule submitted by the United States Fish and Wildlife 
Service relating to ``Endangered and Threatened Wildlife and 
Plants; Endangered Species Status for Northern Long-Eared 
Bat'', having considered the same, reports favorably thereon 
without amendment and recommends that the joint resolution do 
pass.

                       PURPOSE OF THE LEGISLATION

    The purpose of H.J. Res. 49 is to provide for congressional 
disapproval under chapter 8 of title 5, United States Code, of 
the rule submitted by the United States Fish and Wildlife 
Service relating to ``Endangered and Threatened Wildlife and 
Plants; Endangered Species Status for Northern Long-Eared 
Bat''.

                  BACKGROUND AND NEED FOR LEGISLATION

    On January 21, 2010, the U.S. Fish and Wildlife Service 
(USFWS) received a petition from the Center for Biological 
Diversity (CBD), requesting that the eastern small-footed bat 
and northern long-eared bat be listed as endangered or 
threatened and that critical habitat be designated under the 
Endangered Species Act.\1\ Six months later, CBD sued the USFWS 
for failing to make a 90-day finding as required by the ESA\2\ 
and in September 2011 a settlement agreement was approved by 
the U.S. District Court for the District of Columbia.\3\ As 
part of this settlement agreement, the USFWS agreed to complete 
a status review for the eastern small- footed bat and northern 
long-eared bat (NLEB), and if warranted for listing, publish a 
proposed listing rule.\4\
---------------------------------------------------------------------------
    \1\Center for Biological Diversity, PETITION TO LIST THE EASTERN-
SMALL FOOTED BAT MYOTIS LEIBII AND NORTHERN LONG-EARED BAT MYOTIS 
SEPTENTRIONALIS AS THREATENED OR ENDANGERED UNDER THE ENDANGERED 
SPECIES ACT. https://www.biologicaldiversity.org/species/mammals/
eastern_small-footed_bat/pdfs/petition-Myotisleibii-
Myotisseptentrionalis.pdf.
    \2\16 U.S.C. 1533(b)(3)(A).
    \3\Endangered and Threatened Wildlife and Plants; Threatened 
Species Status for the Northern Long-Eared Bat With 4(d) Rule. 80 FR 
17973.
    \4\Stipulated Settlement Agreement, 1:10-mc-00377-EGS (D.D.C. Jul., 
12 2011).
---------------------------------------------------------------------------
    In 2015, the NLEB was listed as threatened.\5\ In the 
United States, the species' range reaches from Maine west to 
Montana, south to eastern Kansas, eastern Oklahoma, Arkansas, 
and east to the Florida panhandle.\6\ In its final rule, 
however, the USFWS concluded that ``critical habitat is not 
determinable for the northern long-eared bat at this time.''\7\ 
Citing that they ``lack sufficient information to define the 
physical and biological features or primary constituent 
elements with enough specificity . . . are not able to 
determine how habitats affected by WNS [white-nose syndrome] 
(where populations previously thrived and are now extirpated) 
may contribute to the recovery of the species or whether those 
areas may still contain essential physical and biological 
features.''\8\ In addition, the final rule stated that ``no 
other threat is as severe and immediate to the northern long-
eared bat's persistence as the disease, white-nose syndrome 
(WNS).''\9\
---------------------------------------------------------------------------
    \5\Endangered and Threatened Wildlife and Plants; Threatened 
Species Status for the Northern Long-Eared Bat With 4(d) Rule. 80 FR 
17973.
    \6\Id.
    \7\Id.
    \8\Id.
    \9\Id.
---------------------------------------------------------------------------
    The Center for Biological Diversity, Defenders of Wildlife, 
Sierra Club, Coal River Mountain Watch and Ohio Valley 
Environmental Coalition challenged the 2015 listing contending 
that the species should have been listed as endangered, rather 
than threatened.\10\ In 2020, U.S. District Court for the 
District of Columbia judge Emmet G. Sullivan overturned the 
decision by the USFWS to list the NLEB as threatened rather 
than endangered\11\ and in 2021 the same judge ordered the 
USFWS to determine whether the northern long-eared bat warrants 
listing as an endangered species by December 2022.\12\
---------------------------------------------------------------------------
    \10\Complaint, Ctr. for Biological Diversity v. Ashe, 1:15-cv-
00252-EGS (D.D.C. Apr. 2, 2015).
    \11\``Court: Northern Long-eared Bat Was Unlawfully Denied 
Endangered Species Protection'' Center for Biological Diversity. 
January 29, 2020. https://biologicaldiversity.org/w/news/press-
releases/court-northern-long-eared-bat-was-unlawfully-denied-
endangered-species-protection-2020-01-29/.
    \12\``Court Orders U.S. Fish and Wildlife Service to Determine 
Whether Northern Long-eared Bat Warrants Listing as Endangered 
Species'' Center for Biological Diversity. March 2, 2021. https://
biologicaldiversity.org/w/news/press-releases/court-orders-us- fish-
and-wildlife-service-to-determine-whether-northern-long-eared-bat-
warrants-listing-as-endangered-species-2021-03-02/email_view/.
---------------------------------------------------------------------------
    As a result, the agency proposed the up-listing of the 
species in March 2022.\13\ In November 2022, USFWS published 
its final rule, with the implementation date of the rule being 
January 30, 2023.\14\ After congressional and stakeholder 
backlash, including letters from Rep. Stauber and eleven other 
House members\15\ and twelve U.S. Senators,\16\ the USFWS 
extended the implementation date of the rule by 60 days to 
March 31, 2023.\17\ On March 6, 2023, USFWS announced interim 
guidance to assist stakeholders in the transition to the up-
listing of the species as endangered.\18\
---------------------------------------------------------------------------
    \13\``Northern Long-eared Bat.'' U.S. Fish and Wildlife Service. 
Northern Long-eared Bat (Myotis septentrionalis) | U.S. Fish & Wildlife 
Service (fws.gov).
    \14\Id.
    \15\Press Release: ``Stauber Pushes Back on New U.S. Fish and 
Wildlife Service Restrictions on State-Led Conservation Plan'' October 
7, 2022. https://stauber.house.gov/media/press-releases/stauber-pushes-
back-new-us-fish-and-wildlife-service-restrictions-state-led.
    \16\Press Release: ``FOLLOWING CAPITO LETTER, U.S. FISH AND 
WILDLIFE SERVICE DELAYS NORTHERN LONG-EARED BAT LISTING'' January 25, 
2023. https://www.capito.senate.gov/news/press-releases/following-
capito-letter-us-fish-and-wildlife-service-delays-northern-long-eared-
bat-listing.
    \17\``U.S. Fish and Wildlife Service extends effective date to 
reclassify northern long-eared bat as endangered.'' Georgia Parham. 
U.S. Fish and Wildlife Service. Effective date to reclassify northern 
long-eared bat as endangered extended | U.S. Fish & Wildlife Service 
(fws.gov).
    \18\``Northern Long-eared Bat.'' U.S. Fish and Wildlife Service. 
Northern Long-eared Bat (Myotis septentrionalis) | U.S. Fish & Wildlife 
Service (fws.gov).
---------------------------------------------------------------------------
    By up-listing the NLEB, USFWS will further restrict 
activities on both private and public lands throughout the 
NLEB's range. The NLEB, which primarily lives in caves and 
abandoned mines in winter months and forested areas in summer 
months, is found in 37 states, the District of Columbia, and 
Canada. As with the 2015 listing, the USFWS stated the main 
threat to the NLEB is WNS, not human activity.\19\
---------------------------------------------------------------------------
    \19\Endangered and Threatened Wildlife and Plants; Endangered 
Species Status for Northern Long-Eared Bat, 87 FR 16442.
---------------------------------------------------------------------------

Management Implications of Threatened vs. Endangered

    Once listed as endangered, the NLEB will no longer be 
eligible to be managed under section 4(d) of the ESA. Section 
4(d) is intended to incentivize proactive management of species 
and allows for streamlined compliance for projects within 
species habitat that have a low risk of causing a ``take'' of 
the species. When managed under Section 4(d), prohibitions on 
activities within a species' habitat must be necessary and 
advisable. An endangered listing can lead to more restrictive 
management regimes.\20\
---------------------------------------------------------------------------
    \20\``Section 4(d) Rules Under the Endangered Species Act.'' 
Frequently Asked Questions. October 2021. Section 4(d) Rules Under the 
Endangered Species Act (fws.gov).
---------------------------------------------------------------------------
    The USFWS plans to focus its recovery efforts in wooded 
areas where the NLEB nests in summer months, while a vaccine or 
other remedies for WNS are developed.\21\ This plan of action 
creates additional red tape for forest management projects, 
timber sales, and public lands access within the NLEB's 
expansive 37 state range. This will increase the need for 
consultation with USFWS on any project that may affect NLEB 
habitat, which could potentially add years to the permitting 
process for certain projects. In fact, over the last three 
years, the USFWS has completed ESA consultations on 24,480 
projects across the range of the NLEB.\22\ Many of those 
projects are in progress. The up-listing of the NLEB to 
endangered may cause greater exposure to litigation and 
additional regulatory obligations on these projects.\23\ The 
USFWS has identified 3,095 new projects for which an incidental 
take statement will be needed as a result of the up-listing of 
the NLEB.\24\
---------------------------------------------------------------------------
    \21\``Northern long-eared bat, devastated by a fungus, is now 
listed as endangered.'' Associated Press. Nov 29, 2022. Northern long-
eared bat declared as endangered. NPR.
    \22\Endangered and Threatened Wildlife and Plants; Endangered 
Species Status for Northern Long-eared Bat; Delay of Effective Date.'' 
Endangered and Threatened Wildlife and Plants; Endangered Species 
Status for Northern Long-eared Bat; Delay of Effective Date (fws.gov).
    \23\Id.
    \24\Id.
---------------------------------------------------------------------------

White-Nose Syndrome

    The USFWS has long acknowledged that WNS is the primary 
driver for the NLEB's decline. First documented in 2006, WNS 
gets its name from the white, fuzzy spots that appear on 
infected bats. This disease primarily attacks wings, muzzles, 
and ears of hibernating bats in caves and abandoned mines.\25\ 
The disease causes bats to wake early from hibernation, in some 
cases causing them to burn off winter fat stores and starve to 
death. Most recent estimates show that twelve species of bats 
have been infected by WNS and millions of bats have died as a 
result, with NLEB populations declining an estimated 97 
percent.\26\
---------------------------------------------------------------------------
    \25\``Northern long-eared bat, devastated by a fungus, is now 
listed as endangered.'' Associated Press. Nov 29, 2022. Northern long-
eared bat declared as endangered : NPR.
    \26\Id.
---------------------------------------------------------------------------
    The USFWS administers three grant programs for scientific 
research into fighting WNS: (1) research and development of 
biotechnological tools ($1.5 million total, $300,000 per grant 
in Fiscal Year 2023);\27\ (2) grants to State and Tribes ($1.8 
million in Fiscal Year 2022);\28\ and (3) White-nose Syndrome 
Research for Conservation Grants ($1.5 million, $20,000 to 
$250,000 per grant in Fiscal Year 2022).\29\
---------------------------------------------------------------------------
    \27\U.S. Fish and Wildlife Service, Grant Opportunity: Research and 
Development of Biotechnological Tool for White-nose syndrome. 
F23AS00037.
    \28\U.S. Fish and Wildlife Service, Grant Opportunity: White-nose 
Syndrome Grants to States and Tribes 2022, F22AS00212.
    \29\U.S. Fish and Wildlife Service, Grant Opportunity: White-nose 
Syndrome Research for Conservation Grants. 2022F22AS00291.
---------------------------------------------------------------------------
    The USFWS has identified other sources of NLEB mortality 
including: wind energy-related mortality; summer habitat loss, 
including highway construction, commercial development, surface 
mining, and wind facility construction; winter habitat loss and 
disturbance, including construction of gates that block bat 
access to caves and mines, any change in airflow that causes 
increased temperatures, and human disturbance while 
hibernating; and climate change.\30\ However, USFWS 
acknowledges that none of these factors have been shown to 
cause any significant population decline or habitat loss.\31\
---------------------------------------------------------------------------
    \30\``Northern Long-eared Bat.'' U.S. Fish and Wildlife Service. 
Northern Long-eared Bat (Myotis septentrionalis) | U.S. Fish & Wildlife 
Service (fws.gov).
    \31\Id.
---------------------------------------------------------------------------

Habitat Conservation Plans

    To help mitigate against some of the effects of the up-
listing, states and other stakeholders have acted. For example, 
the states of Minnesota, Wisconsin, and Michigan have reached 
agreement on a Habitat Conservation Plan (HCP) with the USFWS. 
Under the Lake States Forest Management Bat Habitat 
Conservation Plan, landowners voluntarily conserve NLEB habitat 
in exchange for ESA compliance of certain activities on their 
lands that may cause incidental harm to a covered species.\32\ 
Activities covered under this HCP include timber harvest and 
related forest management, road and trail construction, 
prescribed fire, and conservation strategy implementation.\33\
---------------------------------------------------------------------------
    \32\``Lake States Forest Management Bat Habitat Conservation 
Plan.'' Wisconsin Department of Natural Resources. Lake States Forest 
Management Bat Habitat Conservation Plan | | Wisconsin DNR.
    \33\``Lake State Forest Management Bat Habitat Conservation Plan.'' 
Michigan Department of Natural Resources. January 2023. Paola 
Bernazzini. Lake States Forest Management Bat Habitat Conservation 
Plan.
---------------------------------------------------------------------------
    Unfortunately, only six states within the NLEB range have 
approved HCPs, leaving many states with no protections for 
activities that could incidentally affect NLEB habitat.\34\ 
However, even with the HCP in place, complications can still 
arise between USFWS and the U.S. Forest Service implementing 
the plan, including final guidance documents that contain 
additional habitat-related restrictions mandated by the 
agencies.\35\ The additional red tape adds unnecessary delays 
to projects. An up-listing of the NLEB will only exacerbate the 
delays and associated economic impacts.

Congressional Review Act

    The Congressional Review Act (CRA) was enacted in 1996 and 
provides Congress with a tool to overturn administrative 
regulations. If a CRA joint resolution is approved by both the 
House and Senate and signed by the President, the rule at issue 
cannot go into effect or continue in effect.
---------------------------------------------------------------------------
    \34\Id.
    \35\Testimony before the House Water, Wildlife, and Fisheries 
Subcommittee of the Natural Resources Committee.'' Rick Horton. 
Minnesota Forest Industries. 4/18/23. horton_testimony.pdf (house.gov).
---------------------------------------------------------------------------
    H.J. Res. 49 disapproves of the listing of the northern 
long-eared bat as endangered and would prevent the 
administration from implementing the rule or proposing future 
rules.

                            COMMITTEE ACTION

    H.J. Res. 49 was introduced on March 30, 2023, by Rep. Pete 
Stauber (R-MN). The resolution was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Water, Wildlife and Fisheries. On April 18, 2023, the 
Subcommittee on Water, Wildlife and Fisheries held a hearing on 
the resolution. On April 27-28, 2023, the Full Natural 
Resources Committee met to consider the resolution. The 
Subcommittee on Water, Wildlife and Fisheries was discharged by 
unanimous consent. Ranking Member Grijalva (D-AZ) offered an 
amendment designated Grijalva #1. The amendment offered by 
Ranking Member Grijalva was withdrawn by unanimous consent. The 
resolution was then ordered favorably reported to the House of 
Representatives by a roll call vote of 17 yeas to 12 nays, as 
follows:


                                HEARINGS

    For the purposes of clause 3(c)(6) of house rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Water, Wildlife and Fisheries 
held on April 18, 2023.

                      SECTION-BY-SECTION ANALYSIS

    Congress disapproves the rule submitted by the United 
States Fish and Wildlife Service relating to ``Endangered and 
Threatened Wildlife and Plants; Endangered Species Status for 
Northern Long-Eared Bat'' (87 Fed. Reg. 73488; published 
November 30, 2022), and such rule shall have no force or 
effect.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                  COMPLIANCE WITH HOUSE RULE XIII AND
                        CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
resolution from the Director of the Congressional Budget 
Office:




    H.J. Res. 49 would disapprove the final rule titled 
``Endangered and Threatened Wildlife and Plants; Endangered 
Species Status for Northern Long-Eared Bat,'' submitted by the 
U.S. Fish and Wildlife Service (USFWS) and published in the 
Federal Register on November 30, 2022. The rule reclassified 
the northern long-eared bat from threatened to endangered 
species under the Endangered Species Act (ESA), effective March 
31, 2023.
    Under current law, USFWS collects permitting fees for 
lawful activities that involve protected species including 
scientific research, conservation, and unintentional taking of 
the animals while performing permitted activities. Under H.J. 
Res. 49, the northern long-eared bat would be re-classified as 
a threatened species with reduced protections under the ESA; 
thus, some permits may no longer be required for such 
activities involving that species. Permitting fees are recorded 
in the budget as offsetting receipts, (or reductions in direct 
spending) and are available to be spent without further 
appropriation. Using information from USFWS, CBO estimates that 
any reductions in those collections or in spending as a result 
of implementing H.J. Res. 49 would be insignificant over the 
2023-2033 period.
    Violators of the ESA are subject to civil and criminal 
penalties, which are recorded in the budget as revenues; USFWS 
is authorized to spend those penalties without further 
appropriation. Using information from the agency, CBO estimates 
that any reductions in penalties and the associated direct 
spending would be insignificant because of the small number of 
related cases expected to occur over the 2023-2033 period.
    Finally, CBO estimates that the administrative costs to 
void the regulation under H.J. Res. 49 would be insignificant; 
any spending would be subject to the availability of 
appropriated funds.
    The CBO staff contact for this estimate is Lilia Ledezma. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this resolution is to provide for congressional 
disapproval under chapter 8 of title 5, United States Code, of 
the rule submitted by the United States Fish and Wildlife 
Service relating to ``Endangered and Threatened Wildlife and 
Plants; Endangered Species Status for Northern Long-Eared 
Bat''.

                           EARMARK STATEMENT

    This resolution does not contain any Congressional 
earmarks, limited tax benefits, or limited tariff benefits as 
defined under clause 9(e), 9(f), and 9(g) of rule XXI of the 
rules of the House of Representatives.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    According to the Congressional Budget Office, this 
resolution contains no unfunded mandates as defined by the 
Unfunded Mandates Reform Act.

                           EXISTING PROGRAMS

    Directed Rule Making. This resolution does not contain any 
directed rule makings.
    Duplication of Existing Programs. This resolution does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    Any preemptive effect of this resolution over state, local, 
or tribal law is intended to be consistent with the 
resolution's purposes and text and the Supremacy Clause of 
Article VI of the U.S. Constitution.

                        CHANGES IN EXISTING LAW

    As reported by the Committee, H.J. Res. 49 makes no changes 
in existing law.

                            DISSENTING VIEWS

    H.J. Res. 49 legislatively down-lists the northern long-
eared bat (NLEB) from ``endangered'' to ``threatened'' under 
the Endangered Species Act of 1973 (ESA) by disapproving of a 
Fish and Wildlife Service (FWS) rule listing the bat as 
endangered. In doing so, the resolution would reinstate a 2015 
rule and 4(d) rule listing the bat as threatened, and it would 
also prevent similar listings in the future, risking the 
extinction of the NLEB.
    Bats are critically important to U.S. agriculture and 
timber industries. Bats provide up to $53 billion yearly in 
pest control services to the U.S. agriculture industry.\1\ The 
NLEB offers these services throughout the 37 states it 
inhabits.
---------------------------------------------------------------------------
    \1\J. G. Boyles, P. M. Cryan, G. F. McCracken, T. H. Kunz. Economic 
Importance of Bats in Agriculture. Science, 2011; 332 (6025): 41 DOI: 
10.1126/science.1201366.
---------------------------------------------------------------------------
    The NLEB hibernates in caves and abandoned mines during 
winter and spends the rest of the year eating moths, flies, and 
beetles along forested hillsides.\2\ The ``hibernation 
conditions, prey availability, summer roosting habitat, and 
[habitat] connectivity'' influence NLEB reproduction and 
population growth rates.\3\ Maintaining a healthy population 
and growth rates is essential for a given population to 
withstand environmental fluctuations and other stressors.\4\ 
The physical health of individual NLEB also influences the 
population's overall growth and reproduction rates.
---------------------------------------------------------------------------
    \2\U.S. Fish and Wildlife Service. 2022. Species Status Assessment 
Report for the Northern long-eared bat (Myotis septentrionalis), 
Version 1.2. August 2022. Bloomington, MN. https://www.fws.gov/media/
species-status-assessment-report-northern-long-eared-bat.
    \3\Id. at 22.
    \4\Id.
---------------------------------------------------------------------------
    However, the NLEB population is currently under threat from 
white-nose syndrome. White-nose syndrome is a pervasive fungus 
growing in cool, wet caves where bats hibernate. It likely 
spread through trade and travel from Europe to the United 
States before identification in New York in 2006.\5\ White-nose 
syndrome has led to unprecedented mortality and widespread 
regional collapse\6\ of at least seven bat species. Some 
observers have deemed it the ``most precipitous wildlife 
decline in the past century in North America.''\7\ Infected 
bats appear to have a ``white, powdery substance on the bat's 
face, tail, and wings.''\8\ The fungus makes bats restless 
during winter hibernation, causing them to lose energy and 
exhaust their fat reserves, often resulting in premature death. 
On average, bat colonies infected with white-nose syndrome lose 
70% of their population.\9\ NLEB populations have been 
particularly hard hit, with infected populations declining by 
97-100%.\10\
---------------------------------------------------------------------------
    \5\Frick, W.F., Pollock, J.F., Hicks, A.C., Langwig, K.E., 
Reynolds, D.S., Turner, G.G., Butchkoski, C.M. and Kunz, T.H., 2010. An 
emerging disease causes regional population collapse of a common North 
American bat species. Science, 329 (5992), pp. 679-682.
    \6\Id.
    \7\Wisconsin Department of Natural Resources. Northern Long-Eared 
Bat Species Guidance. https://dnr.wi.gov/files/PDF/pubs/er/ER0700.pdf.
    \8\Id.
    \9\Frick, W.F., Pollock, J.F., Hicks, A.C., Langwig, K.E., 
Reynolds, D.S., Turner, G.G., Butchkoski, C.M. and Kunz, T.H., 2010. An 
emerging disease causes regional population collapse of a common North 
American bat species. Science, 329 (5992), pp. 679-682.
    \10\U.S. Fish and Wildlife Service. 2022. Species Status Assessment 
Report for the Northern long-eared bat (Myotis septentrionalis), 
Version 1.2., at iv, 35, August 2022. Bloomington, MN. https://
www.fws.gov/media/species-status-assessment-report-northern-long-eared-
bat.
---------------------------------------------------------------------------
    The FWS leads a national response combatting white-nose 
syndrome with advanced knowledge of the fungus and generated 
treatments to reduce the fatality and spread of the 
disease.\11\ While research is underway to develop vaccines and 
assess genetic resistance among surviving populations, ESA 
protections for the NLEB are necessary to minimize additional 
stressors to the remaining population.
---------------------------------------------------------------------------
    \11\U.S. FWS Final rule to reclassify the northern long-eared bat 
as endangered under the Endangered Species Act Questions and Answers 
https://www.fws.gov/sites/default/files/documents/ 
FINAL.FWS_.FAQs_.NLEB%20final%20rule%20FAQs.11222022%20%281%29.pdf.
---------------------------------------------------------------------------
    With NLEB populations depressed by white-nose syndrome, 
NLEB populations are now less resilient to other stressors, 
including incidental take from industrial activities and 
habitat destruction. Habitat fragmentation and clear-cutting of 
forests remove foraging and roosting habitats, making bats 
expend more energy searching for food and shelter. Less 
immediately, climate change is an ongoing stressor to the NLEB, 
with changing precipitation and temperature patterns impacting 
resource availability. While these factors previously did not 
pose significant threats to the species, in the wake of the 
devastation caused by white-nose syndrome, NLEB populations are 
now far less resilient to these stressors.
    The recent spread of white-nose syndrome has negatively 
impacted the health of the NLEB across the U.S. and resulted in 
a severe and rapid population decline. In response to this 
rapid decline, FWS listed the NLEB as threatened under the ESA 
in 2015. A January 2020 court ruling remanded but did not 
vacate the threatened status, finding that the decision to list 
it as threatened rather than endangered was arbitrary and 
capricious.\12\ Therefore, FWS reassessed the status and 
reclassified the NLEB as endangered in November 2022.\13\
---------------------------------------------------------------------------
    \12\https://www.biologicaldiversity.org/species/mammals/
northern_long-eared_bat/pdfs/Dkt-96_ Northern-Long-ear-Bat-Remedy-
Order.pdf.
    \13\https://www.fws.gov/species/northern-long-eared-bat-myotis-
septentrionalis.
---------------------------------------------------------------------------
    H.J. Res. 49 provides for congressional disapproval under 
the Congressional Review Act (CRA) of the rule submitted by the 
FWS relating to ``Endangered and Threatened Wildlife and 
Plants; Endangered Species Status for Northern Long-Eared 
Bat.'' If enacted, this resolution would reinstate the 
threatened status and accompanying regulations for the NLEB and 
prevent substantially similar endangered listings in the 
future.
    This bill is another example of extreme Republican attempts 
to undermine species protections at the behest of industry 
desires, even though there is no documented evidence of harm or 
expense to industry because the NLEB is listed as endangered. 
Furthermore, anticipating the uplisting of the species to 
endangered, the U.S. Forest Service pre-emptively consulted 
with affected industries working in the National Forest system 
so that industry activities would not be affected. In general, 
best practices included in the 2015 4(d) rule that industries 
have already been doing reduce the likelihood of take and may 
be enough to avoid take. FWS has also prepared guidance to 
address stakeholder concerns surrounding compliance with the 
endangered listing.
    The science is clear that the NLEB is on the brink of 
extinction. Undermining the science and rolling back 
protections introduces political bias into what should be 
science-based species management. It sets a dangerous precedent 
of blatantly ignoring facts and science to benefit industries. 
While the value of preserving biodiversity is hard to quantify, 
the loss of the northern long-eared bat will only increase 
costs to agriculture and timber industries, which will become 
more reliant on pesticides and alternative pest control 
methods. Finally, using the CRA to roll back the rule leaves 
FWS with fewer options for sufficiently protecting and 
recovering the species in the future.
                                  Raul M. Grijalva,
              Ranking Member, House Committee on Natural Resources.