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• 1. [Image] The Endangered Species Act and claims of property rights "takings"

  	The Endangered Species Act and Claims of Property Rights "Takings" Summary The federal Endangered Species Act (ES A) has long been one of the major flash points in the "property rights" debate. This ...
  	Citation × Citation Citation Abstract Copy Title: The Endangered Species Act and claims of property rights "takings" Author: Meltz, Robert Year: 2005, 2008 The Endangered Species Act and Claims of Property Rights "Takings" Summary The federal Endangered Species Act (ES A) has long been one of the major flash points in the "property rights" debate. This report first outlines the ESA provisions most relevant to the act's impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or threatened; (2) reductions in water delivery to preserve instream flows needed by listed fish; (3) restrictions on the defensive measures a property owner may take to protect his/her property from listed animals; and (4) restrictions on commercial dealings in members of species acquired prior to listing as endangered or threatened. To date, only one of the 12 ESA-based takings decisions revealed by research has found a taking. Title: The Endangered Species Act and claims of property rights "takings" Author: Meltz, Robert Year: 2005, 2008 The Endangered Species Act and Claims of Property Rights "Takings" Summary The federal Endangered Species Act (ES A) has long been one of the major flash points in the "property rights" debate. This report first outlines the ESA provisions most relevant to the act's impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or threatened; (2) reductions in water delivery to preserve instream flows needed by listed fish; (3) restrictions on the defensive measures a property owner may take to protect his/her property from listed animals; and (4) restrictions on commercial dealings in members of species acquired prior to listing as endangered or threatened. To date, only one of the 12 ESA-based takings decisions revealed by research has found a taking. Close

• 2. [Image] Endangered species : Fish and Wildlife Service generally focuses recovery funding on high priority species, but needs to periodically assess its funding decisions : report to the Chairman, Committee on Resources, House of Representatives

  	"GAO-05-211"; "April 2005"
  	Citation × Citation Citation Abstract Copy Title: Endangered species : Fish and Wildlife Service generally focuses recovery funding on high priority species, but needs to periodically assess its funding decisions : report to the Chairman, Committee on Resources, House of Representatives Author: U.S. Fish and Wildlife Service Year: 2005 "GAO-05-211"; "April 2005" Title: Endangered species : Fish and Wildlife Service generally focuses recovery funding on high priority species, but needs to periodically assess its funding decisions : report to the Chairman, Committee on Resources, House of Representatives Author: U.S. Fish and Wildlife Service Year: 2005 "GAO-05-211"; "April 2005" Close

• 3. [Image] Endangered species: difficult choices

  	IB10072 08-26-04 Endangered Species: Difficult Choices SUMMARY The 108th Congress is considering various proposals to amend the Endangered Species Act of 1973 (ESA). Major issues in recent years ...
  	Citation × Citation Citation Abstract Copy Title: Endangered species: difficult choices Author: Buck, Eugene H; Corn, M. Lynne (Mary Lynne), 1946-; Baldwin, Pamela Year: 2004, 2008, 2005 IB10072 08-26-04 Endangered Species: Difficult Choices SUMMARY The 108th Congress is considering various proposals to amend the Endangered Species Act of 1973 (ESA). Major issues in recent years have included changing the role of science in decision-making, changing the role of critical habitat, reducing conflicts with Department of Defense activities, incorporating further protection for property owners, and increasing protection of listed species, among others. In addition, many have advocated including significant changes to ESA regulations made during the Clinton Administration in the law itself. The 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 non-federal lands and resources. Under the ESA, certain species of plants and animals (both vertebrate and invertebrate) are 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. The ESA may also be controversial because dwindling species are usually harbingers of resource scarcity: the most common cause of listing species is habitat loss. Recent efforts in the House would modify ESA provisions that designate critical habitat, and that provide for scientific peer review. The authorization for spending under the ESA expired on October 1, 1992. The prohibitions and requirements of the ESA remain in force, even in the absence of an authorization, and funds have been appropriated to imple- ment the administrative provisions of the ESA in each subsequent fiscal year. In the 108th Congress, two bills (H.R. 1662 and H.R. 2933) have been reported that would, respectively, address issues concerning scientific peer review and critical habitat. These bills may be brought to the House floor in September. Earlier, P.L. 108-108 (Interior appropriations) provided $265 million for FY2004 for programs related to endangered species. P.L. 108-136 (Defense authorization) included an ESA amendment to direct that critical habitat not be designated on military lands under certain conditions when Integrated Natural Resources Management Plans are in effect. P.L. 108-137 (Energy and Water appropriations) prohibited use of FY2004 or earlier funds to reduce water deliveries under existing contracts for ESA compliance for the silvery minnow on the Middle Rio Grande River unless water is obtained from a willing seller or lessor. The act also established an executive committee to oversee the Collaborative Program associated with this situation. P.L. 108-148 (Healthy Forests Act) authorized hazardous fuels reduction projects on BLM and national forest lands including those containing listed species habitat; directed establishment of a healthy forests reserve program to promote recovery of listed species; and directed the Secretary of the Interior to provide assurances to landowners whose enrollment in the healthy forests reserve program results in new conservation benefits for ESA-listed species. Title: Endangered species: difficult choices Author: Buck, Eugene H; Corn, M. Lynne (Mary Lynne), 1946-; Baldwin, Pamela Year: 2004, 2008, 2005 IB10072 08-26-04 Endangered Species: Difficult Choices SUMMARY The 108th Congress is considering various proposals to amend the Endangered Species Act of 1973 (ESA). Major issues in recent years have included changing the role of science in decision-making, changing the role of critical habitat, reducing conflicts with Department of Defense activities, incorporating further protection for property owners, and increasing protection of listed species, among others. In addition, many have advocated including significant changes to ESA regulations made during the Clinton Administration in the law itself. The 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 non-federal lands and resources. Under the ESA, certain species of plants and animals (both vertebrate and invertebrate) are 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. The ESA may also be controversial because dwindling species are usually harbingers of resource scarcity: the most common cause of listing species is habitat loss. Recent efforts in the House would modify ESA provisions that designate critical habitat, and that provide for scientific peer review. The authorization for spending under the ESA expired on October 1, 1992. The prohibitions and requirements of the ESA remain in force, even in the absence of an authorization, and funds have been appropriated to imple- ment the administrative provisions of the ESA in each subsequent fiscal year. In the 108th Congress, two bills (H.R. 1662 and H.R. 2933) have been reported that would, respectively, address issues concerning scientific peer review and critical habitat. These bills may be brought to the House floor in September. Earlier, P.L. 108-108 (Interior appropriations) provided $265 million for FY2004 for programs related to endangered species. P.L. 108-136 (Defense authorization) included an ESA amendment to direct that critical habitat not be designated on military lands under certain conditions when Integrated Natural Resources Management Plans are in effect. P.L. 108-137 (Energy and Water appropriations) prohibited use of FY2004 or earlier funds to reduce water deliveries under existing contracts for ESA compliance for the silvery minnow on the Middle Rio Grande River unless water is obtained from a willing seller or lessor. The act also established an executive committee to oversee the Collaborative Program associated with this situation. P.L. 108-148 (Healthy Forests Act) authorized hazardous fuels reduction projects on BLM and national forest lands including those containing listed species habitat; directed establishment of a healthy forests reserve program to promote recovery of listed species; and directed the Secretary of the Interior to provide assurances to landowners whose enrollment in the healthy forests reserve program results in new conservation benefits for ESA-listed species. Close

• 4. [Image] The Endangered Species Act (ESA) in the 109th Congress conflicting values and difficult choices

  	IB10144 04-22-05 The Endangered Species Act (ESA) in the 109th Congress: Conflicting Values and Difficult Choices SUMMARY The 109th Congress is likely to consider various proposals to amend the ...
  	Citation × Citation Citation Abstract Copy Title: The Endangered Species Act (ESA) in the 109th Congress conflicting values and difficult choices Author: Buck, Eugene H Year: 2006, 2008, 2005 IB10144 04-22-05 The Endangered Species Act (ESA) in the 109th Congress: Conflicting Values and Difficult Choices SUMMARY The 109th Congress is likely to consider various proposals to amend the Endangered Species Act of 1973 (ESA; P.L. 93-205; 16 U.S.C. ??1531-1543 ). Major issues in recent years have included changing the role of science in decision-making, modifying critical habitat procedures, reducing conflicts with Department of Defense activities, incorporating further protection and incentives for property owners, and increasing protection of listed species, among others. In addition, many have advocated enacting as law some ESA regulations promulgated during the Clinton Administration. The 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 non-federal lands and resources. Under the 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. The ESA may also be controversial because dwindling species are usually harbingers of broader ecosystem decline: the most common cause of listing species is habitat loss. The authorization for spending under the ESA expired on October 1, 1992. The prohibitions and requirements of the ESA remain in force, even in the absence of an authorization, and funds have been appropriated to implement the administrative provisions of the ESA in each subsequent fiscal year. In the 108th Congress, two bills were reported by the House Committee on Resources, but not enacted, that would have amended the ESA to modify scientific peer review and critical habitat procedures. Interior appropriations measures funded Fish and Wildlife Service programs related to endangered species (P.L. 108-108 provided $265 million for FY2004; P.L. 108-447 provided $262 million for FY2005). P.L. 108-136 (Defense authorization) included an ESA amendment to direct that critical habitat not be designated on military lands under certain conditions when Integrated Natural Resources Management Plans are in effect. P.L. 108-137 (Energy and Water appropriations) prohibited use of FY2004 or earlier funds to reduce water deliveries under existing contracts for ESA compliance for the silvery minnow on the Middle Rio Grande River unless water is obtained from a willing seller or lessor; this prohibition appears to have been made permanent by ?205 of Div. C of P.L. 108-447. P.L. 108-148 (Healthy Forests Act) authorized hazardous fuels reduction projects on BLM and national forest lands, including those containing habitat for listed species; directed establishment of a healthy forests reserve program to promote recovery of listed species; and directed the Secretary of the Interior to provide property rights assurances to landowners enrolled in the healthy forests reserve program. Congressional Research Service ? The Library of Congress CRS Title: The Endangered Species Act (ESA) in the 109th Congress conflicting values and difficult choices Author: Buck, Eugene H Year: 2006, 2008, 2005 IB10144 04-22-05 The Endangered Species Act (ESA) in the 109th Congress: Conflicting Values and Difficult Choices SUMMARY The 109th Congress is likely to consider various proposals to amend the Endangered Species Act of 1973 (ESA; P.L. 93-205; 16 U.S.C. ??1531-1543 ). Major issues in recent years have included changing the role of science in decision-making, modifying critical habitat procedures, reducing conflicts with Department of Defense activities, incorporating further protection and incentives for property owners, and increasing protection of listed species, among others. In addition, many have advocated enacting as law some ESA regulations promulgated during the Clinton Administration. The 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 non-federal lands and resources. Under the 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. The ESA may also be controversial because dwindling species are usually harbingers of broader ecosystem decline: the most common cause of listing species is habitat loss. The authorization for spending under the ESA expired on October 1, 1992. The prohibitions and requirements of the ESA remain in force, even in the absence of an authorization, and funds have been appropriated to implement the administrative provisions of the ESA in each subsequent fiscal year. In the 108th Congress, two bills were reported by the House Committee on Resources, but not enacted, that would have amended the ESA to modify scientific peer review and critical habitat procedures. Interior appropriations measures funded Fish and Wildlife Service programs related to endangered species (P.L. 108-108 provided $265 million for FY2004; P.L. 108-447 provided $262 million for FY2005). P.L. 108-136 (Defense authorization) included an ESA amendment to direct that critical habitat not be designated on military lands under certain conditions when Integrated Natural Resources Management Plans are in effect. P.L. 108-137 (Energy and Water appropriations) prohibited use of FY2004 or earlier funds to reduce water deliveries under existing contracts for ESA compliance for the silvery minnow on the Middle Rio Grande River unless water is obtained from a willing seller or lessor; this prohibition appears to have been made permanent by ?205 of Div. C of P.L. 108-447. P.L. 108-148 (Healthy Forests Act) authorized hazardous fuels reduction projects on BLM and national forest lands, including those containing habitat for listed species; directed establishment of a healthy forests reserve program to promote recovery of listed species; and directed the Secretary of the Interior to provide property rights assurances to landowners enrolled in the healthy forests reserve program. Congressional Research Service ? The Library of Congress CRS Close

• 5. [Image] The Endangered Species Act : a primer

  	Report for Congress; "Updated March 31, 2005."
  	Citation × Citation Citation Abstract Copy Title: The Endangered Species Act : a primer Author: Baldwin, Pamela; Buck, Eugene H.; Corn, M. Lynne (Mary Lynne), 1946- Year: 2005 Report for Congress; "Updated March 31, 2005." Title: The Endangered Species Act : a primer Author: Baldwin, Pamela; Buck, Eugene H.; Corn, M. Lynne (Mary Lynne), 1946- Year: 2005 Report for Congress; "Updated March 31, 2005." Close

• 6. [Image] Endangered Species Act of 1973 (as amended through December 2004)

  	"February 2005."; "Serial no. 109-A."
  	Citation × Citation Citation Abstract Copy Title: Endangered Species Act of 1973 (as amended through December 2004) Author: United States. Congress. House. Committee on Resources. Year: 2005 "February 2005."; "Serial no. 109-A." Title: Endangered Species Act of 1973 (as amended through December 2004) Author: United States. Congress. House. Committee on Resources. Year: 2005 "February 2005."; "Serial no. 109-A." Close

• 7. [Image] Critical Habitat Reform Act of 2004: report together with dissenting views (to accompany H.R. 2933) (including cost estimate of the Congressional Budget Office)

  	19 p.; Caption title; "November 19, 2004"
  	Citation × Citation Citation Abstract Copy Title: Critical Habitat Reform Act of 2004: report together with dissenting views (to accompany H.R. 2933) (including cost estimate of the Congressional Budget Office) Author: United States. Congress. House. Committee on Resources Year: 2004, 2006, 2005 19 p.; Caption title; "November 19, 2004" Title: Critical Habitat Reform Act of 2004: report together with dissenting views (to accompany H.R. 2933) (including cost estimate of the Congressional Budget Office) Author: United States. Congress. House. Committee on Resources Year: 2004, 2006, 2005 19 p.; Caption title; "November 19, 2004" Close

• 8. [Image] Endangered Species Data Quality Act of 2004: report together with dissenting views (to accompany H.R. 1662) (including cost estimate of the Congressional Budget Office)

  	21 p; Caption title; Distributed to some depositary libraries in microfiche; "November 19, 2004"; Submitted by Mr. Pombo, from the Committee on Resources
  	Citation × Citation Citation Abstract Copy Title: Endangered Species Data Quality Act of 2004: report together with dissenting views (to accompany H.R. 1662) (including cost estimate of the Congressional Budget Office) Author: United States. Congress. House. Committee on Resources Year: 2004, 2006, 2005 21 p; Caption title; Distributed to some depositary libraries in microfiche; "November 19, 2004"; Submitted by Mr. Pombo, from the Committee on Resources Title: Endangered Species Data Quality Act of 2004: report together with dissenting views (to accompany H.R. 1662) (including cost estimate of the Congressional Budget Office) Author: United States. Congress. House. Committee on Resources Year: 2004, 2006, 2005 21 p; Caption title; Distributed to some depositary libraries in microfiche; "November 19, 2004"; Submitted by Mr. Pombo, from the Committee on Resources Close