Endangered and threatened species—and the law that protects them, the 1973 Endangered Species Act (ESA, P.L. 93-205 , as amended; 16 U.S.C. §§ 1531-1543)—are controversial, in part, because dwindling species are often harbingers of resource scarcity. The most common cause of species' decline is habitat loss or alteration. ESA has been among the most contentious environmental laws because of its strict substantive provisions, which can affect the use of both federal and nonfederal lands and resources. Under ESA, species of plants and animals (both vertebrate and invertebrate) may be listed as either endangered or threatened according to assessments of the risk of their extinction. Once a species is listed, powerful legal tools, including penalties and citizen suits, are available to aid species recovery and protect habitat. ESA is administered by the U.S. 111-241 authorized the issuance of a Multinational Species Conservation Fund semi-postal stamp. Issues in the 111th Congress

ESA reauthorization has been on the legislative agenda since the funding authorization expired in 1992, and bills have been introduced in each subsequent Congress to address various aspects of endangered species protection. Revised Regulations for Consultation

On August 15, 2008, FWS and NMFS (i.e., services) issued proposed revisions to the Section 7 consultation regulations. In the 111 th Congress, Section 429 of P.L. 111-8 authorized the Secretary of the Interior to withdraw or reissue the December 2008 special rule that outlined protections afforded polar bears within 60 days of this measure's enactment; the Obama Administration took this action on May 4, 2009. 2998 ; Division A, Title III, Subpart C, Section 370, of S. 1733 ; and S. 1933 would have allocated funds to endangered species programs and to related funds to assist species' adaptation to climate change. 111-11 authorized the implementation of the San Joaquin River Restoration Settlement, providing for the reintroduction of Chinook salmon. The species was listed as threatened under ESA in 1993 and, in recent years, its abundance has declined to the lowest ever observed. In the 111 th Congress several measures were introduced but not enacted. Additional Legislative Initiatives

In the 111 th Congress, Section 9107 of P.L. 111-11 amended P.L. 106-392 to extend the authorizations for the Upper Colorado and San Juan River Basin endangered fish recovery programs through FY2023. Other introduced measures relating to ESA that were not enacted include:
Section 30 of H.R. Under the authority of a continuing resolution ( P.L. 111-316 ), recommending about $281 million for FWS endangered species and related programs for FY2010. 111-88 . Earlier in the 111 th Congress, P.L. Under the authority of a continuing resolution ( P.L. 111-322 ) since no Commerce Department appropriations for FY2011 have yet been enacted, NMFS was allowed to operate with continued funding at FY2010 levels through March 4, 2011.
The Endangered Species Act (ESA; P.L. 93-205, 16 U.S.C. §§ 1531-1543) has been one of the more contentious environmental laws. This may stem from its strict substantive provisions, which can affect the use of both federal and nonfederal lands and resources. Under ESA, species of plants and animals (both vertebrate and invertebrate) can be listed as endangered or threatened according to assessments of their risk of extinction. Once a species is listed, powerful legal tools are available to aid its recovery and protect its habitat. ESA may also be controversial because dwindling species are usually harbingers of broader ecosystem decline. The most common cause of species listing is habitat loss. ESA is considered a primary driver of large-scale ecosystem restoration issues.
The 111th Congress has considered whether to revoke ESA regulations promulgated in the waning days of the Bush Administration that would alter when federal agency consultation is required. In addition, legislation related to global climate change includes provisions that would allocate funds to the U.S. Fish and Wildlife Service's endangered species program and/or to related funds to assist species adaptation to climate change. Other major issues concerning ESA in recent years have included the role of science in decision-making, critical habitat (CH) designation, protection by and incentives for property owners, and appropriate protection of listed species, among others.
The authorization for spending under ESA expired on October 1, 1992. The prohibitions and requirements of ESA remain in force, even in the absence of an authorization, and funds have been appropriated to implement the administrative provisions of ESA in each subsequent fiscal year. Proposals to reauthorize and extensively amend ESA were last considered in the 109th Congress, but none was enacted. No legislative proposals were introduced in the 110th or 111th Congresses to reauthorize the ESA.
Several measures related to ESA were enacted in the 111th Congress, including P.L. 111-8, containing language authorizing the Secretary of the Interior to withdraw or reissue (1) revisions to the ESA Section 7 consultation regulations promulgated by the Bush Administration and (2) a December 2008 special rule that outlined protections afforded polar bears; P.L. 111-11, including provisions (1) authorizing the implementation of the San Joaquin River Restoration Settlement, providing for the reintroduction of Chinook salmon, and (2) amending P.L. 106-392 to extend the authorizations for the Upper Colorado and San Juan River Basin endangered fish recovery programs through FY2023; P.L. 111-88, appropriating about $281 million for U.S. Fish and Wildlife Service endangered species and related programs for FY2010 (under the authority of a continuing resolution (P.L. 111-322), ESA funding at FY2010 levels was extended through March 4, 2011); and P.L. 111-241, authorizing the issuance of a Multinational Species Conservation Fund semipostal stamp.
This report discusses oversight issues and legislation introduced in the 111th Congress to address ESA implementation and management of endangered and threatened species.