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. In the 109 th Congress, there were several unsuccessful attempts to enact comprehensive legislation that would have reauthorized the ESA. Consequently, congressional efforts in the 110 th Congress focused on addressing specific controversial features of ESA and on oversight of concerns such as the science used for making decisions and designation of critical habitat. 93-205 , as amended; 16 U.S.C. A stated purpose of ESA is to protect the ecosystems of which listed species are a part. 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. Several legislative proposals were introduced in the 110 th Congress to address illegal wildlife trade. 110-132 reauthorized the African Elephant Conservation Act and the Rhinoceros and Tiger Conservation Act of 1994 through FY2012, and P.L. 110-133 reauthorized the Asian Elephant Conservation Act through FY2012. Issues in the 110th 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. 110-246 , the Food, Conservation, and Energy Act of 2008, amended the Internal Revenue Code to permit the deduction of expenditures for endangered species recovery. In the 110 th Congress, provisions in S. 317 , S. 1177 , and S. 1554 would have amended the Clean Air Act to provide funding for programs and projects conserving habitat for endangered species and species of conservation concern that are vulnerable to the impact of climate change. 110-296 , Part I), would have allocated funds to the FWS endangered species programs and to related funds to assist species adaptation to climate change. This provision was not retained in P.L. The species was listed as threatened under ESA in 1993 and, in recent years, species abundance has declined to the lowest ever observed. Additional Legislative Initiatives

The 110 th Congress enacted P.L. Division A of P.L.
The 110th Congress took limited action to oversee implementation and funding of the Endangered Species Act (ESA; P.L. 93-205, 16 U.S.C. §§ 1531-1543) and to consider proposals to amend the act. Major issues in recent years have included the role of science in decision-making, consultation requirements for federal agencies, critical habitat (CH) designation and procedures, protection by and incentives for property owners, and appropriate protection of listed species, among others. In addition, many have advocated enacting as law some ESA regulations promulgated during the Clinton Administration.
ESA 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. ESA is considered a primary driver of large-scale ecosystem restoration issues. The most common cause of species listing is habitat loss.
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. In the 109th Congress, several proposals would have reauthorized and extensively amended ESA, but none were enacted. No legislative proposals were introduced in the 110th Congress to reauthorize the ESA.
In the 110th Congress, the Food, Conservation, and Energy Act of 2008, P.L. 110-246, included a provision amending the Internal Revenue Code to permit the deduction of expenditures for endangered species recovery. On species of international concern, the 110th Congress enacted P.L. 110-132, reauthorizing the African Elephant Conservation Act and the Rhinoceros and Tiger Conservation Act of 1994 through FY2012, and P.L. 110-133, reauthorizing the Asian Elephant Conservation Act through FY2012. A number of bills introduced in both the House and Senate to address global climate change included provisions that would have allocated funds to the FWS endangered species program and to related funds to assist species adaptation to climate change.
This report identifies and discusses oversight issues and legislation introduced in the 110th Congress to address specific concerns related to how ESA is implemented and how endangered species are managed.