Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the bill, H.R. 4315. Mr. Chairman, I yield myself such time as I may consume.…
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the bill, H.R. 4315.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I am pleased to bring before the House legislation that would help update and improve the Endangered Species Act, a law that was passed initially 40 years ago, but has not been reauthorized since 1988.
H.R. 4315 melds together four commonsense and focused bills introduced earlier this year by myself and my colleagues, Mrs. Lummis of Wyoming, Mr. Neugebauer of Texas, and Mr. Huizenga of Michigan. While respecting the original intent of the ESA to conserve species, this bill would help make the law more effective for both species and people.
Because of the more than 500 ESA-related lawsuits that have been filed against the government during this administration alone, it has become clear that costly litigation is not only driving ESA priorities but that litigation has become an impediment to species recovery.
I should also note that, regardless of what some groups are saying, this is not a comprehensive bill. It is four sections that aim to increase transparency; to enlist greater consultation by States, localities, and tribes; and to reduce taxpayer-financed attorneys' fees to help invest more funding in actual species recovery.
For example, section 2 of the bill requires data used by Federal agencies that decide which species should be added to the threatened or endangered list to be publicly available and accessible through the Internet. What a remarkable idea--transparency. The last significant update to the ESA was when the Internet was in its infancy stages. Posting data supporting key ESA decisions online will greatly enhance transparency and data quality. The American people should be able to access such data before Federal listing or delisting decisions are final.
It is troubling that hundreds of sweeping listing decisions by the Fish and Wildlife Service and the National Marine Fisheries Service cite unpublished studies, professional opinions, and other sources that are inaccessible to the public, yet this data would be used to regulate the very people who don't have access to this information. This secrecy goes against the grain of good science and transparency. Data transparency is not only good for the American public, in that it makes our government more accountable, but it is also good for species because it allows for an open conversation about improving species science.
As biologist Rob Roy Ramey testified at a Natural Resources Committee hearing:
When the data are not publicly accessible, legitimate
scientific inquiry and debate is effectively eliminated, and
no independent third party can produce the results. This
action puts the basis of some ESA decisions outside the realm
of science, and species recovery is no better off.
Withholding data does not further the goal of species
recovery.
I couldn't agree more with that statement, especially when over 700 species could potentially be listed over
the next few years throughout the country. These potential listings are due to this administration's megalawsuit settlement with the Center for Biological Diversity and WildEarth Guardians, groups, I might add, Mr. Chairman, that have filed hundreds of lawsuits against the government at taxpayer expense.
One of these species could include the northern long-eared bat, and I have a map here to show. This listing could impact 39 States. As you can see, Mr. Chairman, it is nearly all of the Eastern States. Information on data when it comes to this species listing can only help and not hurt. The bill before us today fosters the release of this information.
Section 3 of the bill would enhance State, local, and tribal involvement in ESA decisions by requiring that, before any listing decision is made, the Federal Government must disclose its data to States affected by such actions. In addition, section 3 ensures that data from local, State, and tribal entities--those are the entities that are closest to the ground, Mr. Chairman--be factored into ESA listing decisions.
Section 4 would require the administration to track and make available online the costs, in time and in resources, to the taxpayers as a result of ESA-related litigation.
Finally, section 5 would seek to reduce taxpayer-financed attorneys' fees to help ensure Federal resources are focused more on species protection and recovery than on lucrative legal fees for serial litigants. Such fees now, Mr. Chairman, are awarded as high as $600 an hour. This provision in section 5 puts in place the same reasonable hourly caps on attorneys' fees used in another Federal law--the Equal Access to Justice Act--which deals with veterans, Social Security disability, and other such claims.
Mr. Chairman, H.R. 4315 starts with modest, sensible updates to the ESA by promoting transparency, greater State, local, and tribal involvement, and by bringing ESA litigation fees in line with another Federal law.
With that, I reserve the balance of my time.
Mr. Chairman, I am very pleased to yield 3 minutes to the gentleman from Texas (Mr. Neugebauer), who is the author of one of the provisions within this bill.
I yield the gentleman an additional 15 seconds.
Mr. Chairman, I am very pleased to yield 2 minutes to the gentleman from Michigan (Mr. Huizenga), an author of another provision of this bill.
Mr. Chairman, I am very pleased to yield 3 minutes to the gentlewoman from Wyoming (Mrs. Lummis), another person who is the author of another section of this bill.
Mr. Chairman, I am very pleased to yield 1\1/2\ minutes to the gentleman from Oklahoma (Mr. Lankford), a member of the working group.
Mr. Chairman, I am very pleased to yield 2 minutes to the gentleman from California (Mr. McClintock), a member of the Natural Resources Committee.
Mr. Chairman, I am very pleased to yield 2 minutes to the gentleman from Michigan (Mr. Benishek), another member of the Natural Resources Committee.
Mr. Chairman, I am very pleased to yield 1 minute to the gentleman from Arizona (Mr. Gosar), another member of the Natural Resources Committee.
Mr. Chairman, I am pleased to yield 1 minute to the gentleman from California (Mr. LaMalfa), another member of the House Natural Resources Committee.
Mr. Chairman, I am very pleased to yield 2 minutes to the gentleman from New Mexico (Mr. Pearce), a former member of the House Natural Resources Committee.
Mr. Chairman, I am very pleased to yield 1 minute to the gentleman from Arkansas (Mr. Crawford), in whose district we had a field hearing on the impact of the Endangered Species Act.
Mr. Chairman, I am pleased to yield 2 minutes to the gentleman from Georgia (Mr. Collins) who is also experiencing the effects of this act.
Mr. Chairman, I am pleased to yield 1 minute to the gentleman from Utah (Mr. Stewart), a former member of the Natural Resources Committee.
Mr. Chairman, I am very pleased to yield 1 minute to the gentleman from California (Mr. Valadao), a very active Member on this issue.
Mr. Chairman, I advise the gentleman from Oregon that I am prepared to close, so if he wants to use his time, then I will close.
I reserve the balance of my time.
Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, let me make a couple of points on issues that have been raised. First of all, H.R. 4315 is not a comprehensive reform to the Endangered Species Act. It is very targeted.
I might mention that several Members on the other side talked about species going extinct. I just want to say, Mr. Chairman, that during testimony in the House Natural Resources Committee, nobody testified that they are in favor of species going extinct.
Several Members said this bill weakens the Endangered Species Act. Mr. Chairman, how does transparency weaken a bill? I do not see how that works.
Finally, there seems to be a lot of discussion about allowing local entities and tribes to use their data in the listing of species. Several Members on the other side said the act deems that should happen. It does not at all. In fact, let me read it. It says:
The best scientific and commercial data available includes
all such data submitted by State, tribal, or county
government.
Now, we will have more debate on this because there are two amendments that address this section, but I just wanted to mention that this is a targeted look at the Endangered Species Act. It is not a comprehensive reform, but it certainly will, I think, get more people involved, especially because of this megasettlement, the impact that this will have on the rest of the country.
Mr. Chairman, I urge adoption of H.R. 4315.
I yield back the balance of my time.
Mr. Chairman, I have an amendment made in order under the rule.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I offer this manager's amendment which would clarify two important items relating to section 2 and public disclosure of the Federal Government's ESA data.
First, the amendment would provide an important but technical clarification that the intent of the bill is for any Federal public disclosure of ESA data on the Internet under the bill to be completely consistent with data privacy laws of States, including those that protect personal identifiable information from disclosure.
A significant amount of the ``best available scientific and commercial data'' currently used by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service for ESA listing decisions is derived from States which have diverse laws protecting the privacy of their citizens and sensitive species data.
While some make completely baseless suggestions that more data disclosure on the Internet could lead to poaching of species, this amendment would allow States an added layer of confidence that the information they choose to share with the Federal Government does not compromise their own data privacy laws.
Second, the amendment clarifies that the bill would not require disclosure of classified Department of Defense information related to lands, personnel, installations, or waters within their jurisdiction.
The Endangered Species Act has a significant impact on U.S. military activities. According to the Fish and Wildlife Service Web site, more than 300 ESA-listed species are located on the more than 25 million acres spread across hundreds of Department of Defense installations across the Nation. While greater data transparency related to U.S. Fish and Wildlife Service or National Marine Fisheries Service listing decisions is important, branches of the American military should not have to disclose information that would in any way compromise national security.
So my amendment would make clear that the Fish and Wildlife Service's or the National Marine Fisheries Service's disclosure of best available scientific and commercial data on the Internet can be accomplished while safeguarding classified or sensitive Defense Department information.
I reserve the balance of my time.
Mr. Chairman, I yield myself the balance of my time.
I thank the gentleman from Oregon for his support of the amendment, and I yield back the balance of my time.
Mr. Chairman, I rise in opposition to the amendment.
Mr. Chairman, I yield as much time as he may consume to the gentleman from Texas (Mr. Neugebauer).
Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, when I listen to my good friend from Oregon's arguments, in many respects, maybe indirectly, he is making precisely the argument that we are making with this bill. That is, whatever data is being used to list or delist should be made available to the public so they can ascertain if that data is correct.
Now, the gentleman talked about data that was made up. Okay, that is his interpretation. If it is made up, shouldn't we know that? Shouldn't we know that that is what the data is being used to make these decisions rather than just accepting it?
Mr. Chairman, that is precisely what this bill is all about, to have transparency on this scientific data. That is really all we are asking about.
The argument got shifted to other things, like we are destroying the Endangered Species Act and so forth. Nothing could be further from the truth.
His amendment, however, does something that I think violates the principle we are trying to do. He wants to exclude certain stuff from us being transparent with it, or for the people having transparency to that data.
So, Mr. Chairman, I urge also rejection of the amendment, and I yield back the balance of my time.
Mr. Chairman, I rise in opposition to the amendment.
Mr. Chairman, I yield such time as he may consume to the gentleman from Texas (Mr. Neugebauer).
Mr. Chairman, I am prepared to close, so I reserve the balance of my time.
Mr. Chairman, I yield myself the balance of my time.
First of all, Mr. Chairman, I am not embarrassed by this piece of legislation. Let me walk through this and explain why this language says what it says because I think our friends on the other side of the aisle are leaving out a very important word when they are debating this issue.
The language in question is the term ``best scientific and commerce data available includes all such data submitted,'' and so forth.
They are arguing as if the word ``such'' was taken out, where it would read ``scientific and commercial data available includes all data.'' We didn't say ``all data.'' We said ``all such data.''
What does that mean? How does that relate? All such data that relates to scientific and commercial data coming from the local communities-- what is wrong with that argument?
By the way, the agency still has discretion to use that data, but it should be part of it because lacking having this language in the bill means that the only data is what my friend from Oregon criticized when we were discussing the wolves.
Mr. Chairman, I think this language is pretty straightforward. It says ``all such data that relates to it, as developed by local communities and tribes.'' That should be part of the transparency.
So I urge my colleagues to reject this amendment, and I yield back the balance of my time.
Will the gentleman yield?
I thank the gentleman for yielding and for bringing this issue to the floor. I think it adds very much to what we are trying to do with this underlying legislation, which is adding transparency to our efforts.
I support the gentleman's amendment.
Mr. Speaker, I ask unanimous consent that the reading be dispensed with.
Mr. Speaker, I rise in opposition to the motion to recommit.
Mr. Speaker, of course this body should recognize the treaties that we have made with our Native American neighbors. And I say that with the privilege of representing a central Washington district that has two Indian tribes and reservations within my district. So that goes without saying.
However, we have had on this floor I don't know how many motions to recommit. And sometimes I wonder exactly what these motions to recommit are trying to do, other than maybe just make a political point. And I have to say, Mr. Speaker, that is probably so true with this motion to recommit.
Now why do I say that? I say that because this motion to recommit implies that tribal members should be part of the discussion. Well, of course they should. But apparently my friend from Arizona did not read the bill because section 3 in the bill says very specifically that consultation should be made with locals, including tribes.
And to add insult to injury, Mr. Speaker, the last amendment that was offered, offered by my friend from New Jersey (Mr. Holt), would take out the section that says tribal respect ought to be in the underlying bill, and the gentlewoman from Arizona voted for it. Now she comes down to the floor and says we ought to insert into the bill something for tribal authorities that we already had in the bill.
I have no idea, Mr. Speaker, where these motions to recommit are going, but I will say this. This bill deals with transparency in the Federal Government to the citizens of the United States. That ought to be number one on our minds, and that is what this bill does.
I urge my colleagues to vote against the motion to recommit and for the underlying bill.
I yield back the balance of my time.