Language in the House of Representative’s National Defense Authorization Act (NDAA) of 2019 could benefit conservation efforts for the greater sage-grouse and the lesser prairie chicken.
The House passed H.R. 5515 on May 24 by a 351-66 vote. Included in the $717 billion bill was an amendment offered by Rep. Rob Bishop (R-UT-1) that would prohibit listing the greater sage-grouse and the lesser prairie chicken under the Endangered Species Act (ESA) for 10 years. Bishop also serves as chairman of the House Natural Resources Committee.
Additionally, the amendment contains a provision to delist the American burying beetle. It also has a clause prohibiting judicial review of the listing prohibition, which is critical for successful and timely implementation of the provision, according to the Public Lands Council (PLC).
Having cleared the House, the bill now moves to the Senate. In previous years Sen. John McCain (R-AZ) has worked to prevent the sage-grouse language in the defense bill, claiming that it wasn’t a military readiness issue. This year, however, McCain is unlikely to be present for the debate due to health issues.
Ethan Lane, executive director of the PLC and National Cattlemen’s Beef Association Federal Lands told WLJ that with McCain unable to fulfill his duties, Sen. Jim Inhofe (R-OK) will be making the calls on endangered species-related language. “Mr. Inhofe has a different view of this than Senator McCain does, so it’s looking like there is the potential that the amendment that would prevent a listing of the lesser prairie chicken again, it would prevent a sage grouse listing, it wouldn’t impact the ongoing plan amendments that we have been working so hard on, but it would provide a little bit of breathing room in that you wouldn’t be able to do an ESA listing in the meantime,” Lane said.
An update from PLC noted, “This is a significant and positive change from prior years.” It went on to say, “We are still a long way from sending the final NDAA, including the Bishop amendment, to the president’s desk, but this is a step in the right direction. We will continue to monitor the bill and will provide updates as it moves through the legislative process.”
On May 24, the Senate Armed Services Committee advanced its bill to the Senate floor. The committee named the bill “The John S. McCain National Defense Authorization Act for Fiscal Year 2019” in honor of the senator who is battling brain cancer.
The House and Senate bills must contain matching language before being sent to the president for his signature.
As of WLJ press time, full Senate debate on this issue had not been scheduled. — WLJ
