ENDANGERED SPECIES

American Forest and Paper Association
Natural Resources Counsel
1111 19th Street, NW, Suite 800
Washington, D.C. 20036
Phone: 202.463.2782
Department Fax: 202.463.2052

July 21, 2004

TO: Endangered Species Task Group

FROM: Chip Murray

SUBJECT: House Committee Reports two ESA bills

The House Resources Committee today voted favorably on two bills to amend the Endangered Species Act. The two bills are:

H.R. 1662 - Endangered Species Data Quality Act of 2004

The Committee reported this bill, introduced by Rep. Greg Walden (R-OR), by a vote of 26-15. Key provisions are:

. Directs Secretary to ensure that use of "best scientific and commercial data available" complies with guidelines issued under the "data Quality Act" adopted by Congress in 2000, emphasizes filed survey data and requires greater weight to peer reviewed filed survey data;
. Directs adoption of criteria for the use of best scientific and commercial data for listings;
. Requires field survey data in order to list;
. Directs consideration of data from landowners and operators for listing;
. All listings must include a description of additional data that would assist in the development of a recovery plan and describe what steps will be taken to "acquire" the data.
. Specifies independent peer review process for all listings and delistings, recovery plans and biological opinions with a jeopardy conclusion;
. Requires peer review by three unbiased, which the bill defines, reviewers appointed by the Secretary from recommendations submitted by the National Academy of Sciences and affected Governors;
. Requires specific determination of best data available and opportunity for public review;
. Information must be requested from State agency during a consultation; and
. Expands role of applicants for Federal actions during consultation and specifies that existing Federal permit holders should be treated as applicants.

H.R. 2933 - Critical Habitat Reform Act of 2004

The Committee reported this bill, introduced by Rep. Dennis Cardoza (D-CA), by a vote of 28-14. Key provisions are:

. Requires critical habitat designation to the extent "practicable, prudent, and determinable."
. Moves critical habitat designation from listing to the earlier of three years after listing or one year after adoption of a recovery plan;
. Land subject to a section 10 agreement or permit, e.g. habitat conservation plans and safe harbor agreements, to an incidental take statement following consultation, and to State or federal conservation programs are not subject to designation as critical habitat;
. Designations must first consider areas known to be occupied;
. Consider data from local governments and economic loss and costs of landowners;
. Notice to local governments and GIS maps on internet;
. Defines "occupied" habitat as determined to be occupied by field survey, which is in turn defined as being used essential behavior, and necessary to avoid jeopardizing the continued existence of the species; and
. Defines "unoccupied" habitat as areas "essential for the survival of the species."

AF&PA supports both bills, as they contain improvements to the ESA that we have sought since the reauthorization tango began in 1992. While the prospect for floor action on either bill is not high, Chairman Richard Pombo (R-CA) has set a starting point for the next Congress and has shown that he
can obtain bi-partisan support for targeted ESA amendments.

It would be appropriate to thank the key members for their efforts today either by an e-mail to their staff (in parentheses below) if you work with the office or a fax to the congressman at the general office number:

Rep. Greg Walden (Paul Griffin)
Fax: 202/225-5774

Rep. Dennis Cardoza (Anne Cannon)
Fax: 202/225-0819

Rep. Richard Pombo, Chairman, House Resources Committee (Todd Willens,
committee staff)
Fax: 202/225-0861