ESA Policy News: October 24

Government shutdown ends, water bill action, FWS proposes cuckoo E.S.A. listing, rejects petrel

Here are some highlights from the latest ESA Policy News by Policy Analyst Terence Houston.  Read the full Policy News here.


In the closing hours of Oct. 16, Congress passed a deal to reopen the federal government through Jan. 15 and allow the president to temporarily suspend the debt ceiling until Feb. 7. Under the agreement, which was signed by the president, Congress can only reject the president’s temporary ability to suspend the debt ceiling with a two-thirds disapproval vote.

The continuing resolution continues the previously agreed upon Fiscal Year (FY) 2013 sequester spending levels of $986 billion (favored by the House) into the first few months of FY 2014. However, Congressional Republicans backed down on their initial assistance that the bill must include provisions to defund the Affordable Care Act after weeks of dwindling public poll numbers. The bill does include a provision requiring verification of the income claims for people applying for federal health insurance subsidies, though Senate Democratic leaders contend this merely helps enforce existing law.

The bill passed the Senate with a robust 81-18 vote and the House by a vote of 285-144. All opposing votes in both chambers came from Republicans. All major members of the House Republican leadership team, including Speaker John Boehner (OH), Majority Leader Eric Cantor (VA) and Majority Whip Kevin McCarthy (CA), voted for the compromise legislation. However, a majority of the Republican conference voted against the bill (144 Republicans opposed it, 87 supported it), meaning Speaker Boehner had to rely on the unified support of Democrats, shored up by House Minority Leader Nancy Pelosi (CA).

Republicans had clamored for, it does include several added provisions favored by members of both major parties. The deal includes $600 million for the US Forest Service and $36 million for the Department of Interior to shore up funding expended on summer wildfires. The bill also increases spending authority by $1.2 billion for the Olmsted dam project along the Illinois-Kentucky border, a project favored by Senate Minority Leader Mitch McConnell (R-KY). Among its provisions, the deal also included a one percent pay increase for federal workers, the first increase authorized by Congress since 2010. The deal also guaranteed that all federal employees would be granted back pay compensation for the days they were furloughed.


On Oct. 23, the US House of Representatives passed H.R. 3080, the Water Resources Reform and Development Act. The bill, sponsored by House Transportation and Infrastructure Committee Chairman Bill Shuster (R-PA) and Ranking Member Nick Rahall (D-VA), passed by a vote of 417-3.

The $8.2 billion bill reauthorizes funding for Army Corps of Engineers projects related to levees, dams, ecosystem restoration and flood control and other issues related to water resources infrastructure. In an attempt to increase Republican support, the bill includes a bill to deauthorize (cancel) $12 billion among the oldest and most backlogged water resources projects, a provision the White House endorsed in its official Statement of Administration Policy supporting the bill. In the statement, the White House notes the Army Corps currently endures a $60 billion construction backlog in its operation and maintenance infrastructure costs.

The White House did express concerns with certain provisions of the bill that would streamline environmental reviews, asserting “the bill includes provisions that could constrain science-based decision making, increase litigation risk, and undermine the integrity of several foundational environmental laws, including the Clean Water Act, the Endangered Species Act, and the National Environmental Policy Act.” In its policy statement on the bill, the administration noted its existing work to improve the federal permitting and review process and urged Congress to make use of the existing federal environmental review framework and improve environmental stewardship.


The US Forest has announced the publication of a final rule improving the agency’s ability to restore lands affected by various forms of man-made infrastructure, including roadways, trails, levees and drainage mechanisms. The rule establishes three new categorical exclusions (CEs) for hydrologic, aquatic and landscape restoration activities.

The Forest Service prepares 2,000-2,500 categorical exclusions and 400 environmental assessments per year. Document preparation for categorical exclusions generally take one-third less time than environmental assessments as these assessments can run hundreds of pages long. The use of categorical exclusions allows FS to reduce the resources spent analyzing proposals that do not have potentially significant environmental impacts and more efficiently refocus resources on proposals that do.

Comments on the final rule must be received by Nov. 22, 2013. For additional information on the rule as well as direction on how to comment, click here. For additional questions on the rule, click here.


The US Fish and Wildlife Service (FWS) has announced that it has proposed listing the Western yellow-billed cuckoo as “threatened” under the Endangered Species Act.

The cuckoo reportedly nests in Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Texas, Utah, Washington and Wyoming. The proposed listing is due to the continued decline of its nesting habitat along rivers and streams from a wide range of factors, including agriculture, overgrazing, urban and transportation infrastructure, and increased incidence of wildfires, according to FWS.

Public comments are being accepted through Dec. 2, 2013. For additional information on the proposed listing as well as direction on how to comment, click here.


On Oct. 22, the US Fish and Wildlife Service (FWS) announced it had rejected a petition to list the shy storm petrel as a protected species under the Endangered Species Act. The agency concluded that, while climate change may affect individual birds in certain locations, it is not impacting the species as a whole. The agency also concluded there has not been a change in the birds’ historical range to warrant listing under the Act.

The Center for Biological Diversity (CBD) first petitioned to list the species for federal protection in 2007. CBD, in response to the ruling, contended that FWS did not take into account documented decreases in populations on Farallon Islands off San Francisco between 1972-1992 as well as a population decline in Northern California documented in a study between 1986-2006. According to CBD, these declines prompted the petrel’s inclusion on the International Union for Conservation of Nature’s list of endangered species.

View the full announcement here.


The National Science Foundation has announced two new tools for tracking data and trends in Science, Technology, Engineering and Mathematics (STEM) education and research.

The two new tools are based on the National Science Board’s Science and Engineering Indicators (SEI) biennial report. The “STEM Education Data and Trends” tool provides STEM Education information in a user-friendly graphical interface. The SEI app for iPad” tool grants mobile access to several SEI related publications and policy reports.

To view the STEM data trends tool, click here. To view the SEI app, click here. ESA recently published an EcoTone blog on STEM education viewable here.


Author: Terence Houston

Science Policy Analyst for ESA.

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