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. Congressional efforts in the 110 th , 111 th , and 112 th Congresses focused on addressing specific controversial features of ESA and on oversight of concerns such as the science used for making decisions and designating critical habitat, but little legislation related to ESA was enacted. 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, legal tools, including penalties and citizen suits, are available to aid species recovery and protect habitat. A more detailed discussion of the major provisions of ESA is provided in CRS Report RL31654, The Endangered Species Act: A Primer , by [author name scrubbed], [author name scrubbed], and [author name scrubbed]. Issues in the 112th 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. The issue for the 112 th Congress was whether to attempt to delist any wolf population legislatively, to modify the effects of wolf recovery efforts, or to leave the issue to management of FWS (as affected by likely further court rulings). The species was listed as threatened under ESA in 1993 and, in recent years, its abundance has declined to the lowest ever observed. However, the prohibition language was not included in P.L. No such bills were enacted. P.L. 112-270 amended P.L. 106-392 to maintain annual base funding for the Upper Colorado and San Juan fish recovery programs through FY2019. 2055 ), providing slightly more than $237 million for FWS endangered species and related programs; FY2012 funding for FWS core ESA programs was 0.5% more than the FY2011 enacted amount and 3.5% less than the FY2012 Administration request. In the absence of final action on this bill, a continuing resolution, P.L.
The Endangered Species Act (ESA; P.L. 93-205, 16 U.S.C. §§1531-1543) was enacted to increase protection for, and provide for the recovery of, vanishing wildlife and vegetation. 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. Habitat loss is the primary cause for listing species. Once a species is listed, powerful legal tools are available to aid its recovery and protect its habitat. Accordingly, when certain resources are associated with listed species—such as water in arid regions like California, old growth timber in national forests, or free-flowing rivers—ESA is seen as an obstacle to continued or greater human use of these resources. ESA may also be controversial because dwindling species are usually harbingers of broader ecosystem decline or conflicts. As a result, ESA is considered a primary driver of large-scale ecosystem restoration issues.
Major issues concerning ESA in recent years have included the role of science in decision making, critical habitat (CH) designation, incentives for property owners, and appropriate protection for listed species, among others.
Although many bills were introduced, little legislation related to ESA was enacted by the 112th Congress. Committees conducted oversight of the implementation of various federal programs and laws that address threatened and endangered species. P.L. 112-10 (final appropriations for FY2011) included a legislative delisting of a portion of the reintroduced Rocky Mountain gray wolf population. P.L. 112-74 provided slightly more than $237 million for FWS endangered species and related programs; this FY2012 funding for FWS core ESA programs was 0.5% more than the FY2011 enacted amount and 3.5% less than the FY2012 Administration request. P.L. 112-270 amended P.L. 106-392 to maintain annual base funding for the Upper Colorado and San Juan fish recovery programs through FY2019.
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 were enacted. No legislative proposals were introduced in the 110th, 111th , or 112th Congresses to reauthorize ESA.
This report discusses oversight issues and legislation that was introduced in the 112th Congress to address ESA implementation and management of endangered and threatened species.