109th Congress Legislative Lookout

New Jersey Edition

March, 2005

 

The 109th Congress is well underway, presenting unprecedented challenges in the fight to protect birds, other wildlife and our nation’s natural treasures.  Moments after last year’s election results were official, powerful special interests were champing at the bit for the start of the new Congress.  After all, this is the year they think they will get it all: drilling in the Arctic National Wildlife Refuge, and weakening of some of our long-standing environmental protections, such as the Endangered Species Act.  Without a doubt, every single vote on Audubon’s priority issues – from restoring and protecting our great natural heritage, to securing funding for vital conservation programs, and preserving key natural resource protections -- will come down to the wire, and your lawmaker will play a critical role in the fight and may even cast the deciding vote!   Here is quick summary of some of the major issues we'll be working on this year,  and which New Jersey lawmakers are positioned to cast deciding votes on the measures.

 

PROTECTING THE ARCTIC NATIONAL WILDLIFE REFUGE:  For over 20 years, Audubon has been a leading voice in protecting the Arctic Refuge.  The new Congress and changes in the Administration in 2005 will demand nothing less.  Just days into the 109th Congress, the fight to protect the Arctic National Wildlife Refuge from oil and gas drilling has heated up!  Right now, pro-drilling proponents are trying to attach drilling revenues to the FY06 budget resolution – the Congressional blueprint that sets overall funding levels for government agencies for the upcoming fiscal year.  Right now, it appears that fight now lays in the Senate, as the Chairman of the House Budget Committee (Jim Nussle – Iowa) has publicly stated he will not include drilling revenues in the budget. Both New Jersey Senators oppose drilling in the Arctic.  Now if the Senate does not include drilling revenues in their budget, there is still a chance the House could do so!  House Budget Committee could leave it up the House Resources Committee, where several members of the NJ delegation could be called on to cast deciding votes.  And if both chambers do not include drilling revenues in the budget, you can bet the next fight will be to include it in the Energy bill!  The Senate is expected to act on this (Budget resolution) as early as the week of March 14th.  But if the pro-drillers don’t have the votes, you can bet they’ll push that back.

 

Critical Votes - Budget: NJ Lawmakers on Budget Committee:  Rep. Scott Garrett (R);  Senate Budget Committee - Sen. Corzine;  NJ Lawmakers on House Resources Committee:  Rep. Saxton (R), Rep. Pallone (D)

 

Critical Votes – Energy:  NJ Lawmakers on House Energy Committee: Rep. Pallone (D); Senate Energy Committee – Sen. Corzine

 

SUPPORTERS LOOKING FOR CLEAR SAILING FOR CLEAR SKIES:  Legislation has been introduced in the U.S. Congress that would substantially weaken public health and environmental protections under the Clean Air Act.  Dubbed the "Clear Skies" initiative and introduced in the Senate as S. 131, this plan weakens some of the most important provisions of the Clean Air Act, repeals protections for our national parks, delays deadlines to meet the Act’s health standards, relaxes pollution reduction requirements for power plants and other major pollution sources and ignores global warming.

 

Action on Clear Skies began in the Senate before the Environment and Public Works Committee last week. The good news is the Committee is deadlocked and did not vote the measure out. The bad news is Clear Skies supporters aren’t giving up!  Sen. Lautenberg is a member of this Committee, and steadfastly opposes the Clear Skies initiative and any effort to weaken the Clear Air Act. 

 

SAVING THE ENDANGERED SPECIES ACT:  The Endangered Species Act (ESA) is in the crosshairs of a well-coordinated attack by special interests and their congressional allies seeking to weaken the ESA.  You read that correctly – weaken the nation’s 30-plus year old law aimed at protecting birds and other wildlife on the brink of extinction.  Two anti-ESA bills were introduced in the 108th Congress, one focusing on reform of critical habitat and another aiming to add layers of bureaucratic review of scientific decisions.  Both bills were stealth attacks on the ESA being pushed under the guise of “reform” of a “broken” law that proponents claim is not achieving the goal of recovering species threatened with extinction.   And both bills will undoubtedly be back in the 109th Congress. 

 

Critical Votes:  Action will take place in House Resources Committee.  Reps. Saxton (R), and Pallone (D) are on this Committee.  If the Senate takes any action (somewhat doubtful that they will) it would be in the Environment & Public Works Committee. Sen. Lautenberg is a member of this Committee.

 

MAINTAINING PROTECTIONS FOR CLEAN WATER: Clean water is vital to America. It is essential for community drinking water, agriculture, fishing and swimming, wildlife and a strong economy.  Clean water is a legacy we all hope to deliver to our children and grandchildren for their future enjoyment and health.  Despite the 30 plus years of the Clean Water Act successes, long considered one of the most successful environmental laws in the country, enormous water quality challenges still remain.  Even though these water quality challenges remain there are efforts to undermine the Act, such as weakening its programs designed to clean up the most polluted waterways, reducing funding for critical water quality programs, and removing protections for important wetlands.  Our lawmakers need to do more to protect our precious waters that we all – people, birds and other wildlife – rely on for survival

 

Action on Clean Water Act issues is more likely to happen through the regulatory process, rather than the U.S. Congress.  If there is action, we may see it via the House Resources Committee – Reps. Saxton and Pallone are members, or via the Transportation and Infrastructure Committee.  Reps. LoBiondo (R), Pascrell (D) and Menendez (D) are all members of this Committee.  If the Senate takes any action on this, it would be via the Environment and Public Works Committee, of which Sen. Lautenberg is a member.

 

DOING MORE FOR MIGRATORY SONGBIRDS: In 2000, the U.S Congress passed, and President Clinton signed into law, the Neotropical Migratory Bird Conservation Act (NMBCA)– our nation’s first law aimed directly at protecting songbirds by helping to restore and to conserve their wintering habitat, ensuring the keep coming back to our backyards in the spring.  Now, it’s time for Congress to reauthorize the five-year program, and outline how the program will function in the future.  Audubon seeks to enhance and expand the NMBCA so that more funding is available for more programs, so more people and more countries can participate in this program aimed at saving Neotropical migrants, including some of the most endangered birds in North America such as the Kirtland's Warbler, Hermit Thrush, Black-capped Vireo, and Kentucky Warbler.  This will undoubtedly be one of our top priorities in 2005.

 

Critical Votes: Action will begin in House Appropriations Interior Subcommittee – no NJ members – them move to full Committee.  NJ lawmakers on Appropriations Committee:  Reps. Frelinghuysen (R), and Rothman (D).  Neither NJ Senator is on the Senate Appropriations Committee.

 

GET CONGRESS MOVING ON CLIMATE CHANGE:  Our planet is getting hotter.  Records show that the 1990s was the warmest decade in more than a century, with 1998 boasting the highest average global temperatures ever recorded.  2002 followed as a close second, and 2001 a close third.  These steady increases in temperatures can have a devastating impact on the environment, causing greater air pollution, more droughts and crop failures, more wildfires, heavier rains and flooding, more intense heat waves and killer storms, rising sea levels, melting tundra and widespread loss of bird and other wildlife habitat.  The good news is we know what is causing the increased greenhouse gas levels, and what’s more is we have the technologies to reduce it.  The bad news is these technologies – which are readily available and far from cost prohibitive – are not being advocated and encouraged!  From new approaches to transportation, to energy efficient structures and machinery to carbon sequestration in forests and wetlands we must improve the incentives for expanded use.  Fortunately, a good number of our Senators and Representatives want to change this and are determined to pass legislation to change our nation’s present course, since every year Congress does not take action, the problems grow harder to solve. 

Action on this issue will happen in either the House Science Committee (no New Jersey members on that Committee at this time) or the Transportation & Infrastructure Committee.  Two NJ lawmakers are on the T&I Committee: Rep. Pascrell (D), and Rep. Menendez (D) If the Senate takes this up, it would be a vote on the Senate floor. Both Senators supported efforts in the past to address this issue.

 

NO MORE CUTBACKS FOR NATIONAL WILDLIFE REFUGES:  Without a doubt the closest thing America has to bird heaven is our National Wildlife Refuge System.  Over 530 national wildlife refuges that span 50 states, host more than 700 bird species, and are the primary habitat for about 250 threatened and endangered species.  These refuges are critical for protecting the majority of our country's threatened and endangered bird and wildlife populations.  Yet, in spite of their important role, they are in dire need of care, and many are facing incompatible activities on and near refuge lands, such as inadequate water supplies, and invasive species.  Moreover, the Refuge system is suffering from insufficient budgets for operations, maintenance and new land acquisition.  Last year, Congress actually reduced funding for our Refuge system, and we need to ensure they do not do so again!  Audubon and our conservation partners are committed to protecting refuges and the National Wildlife Refuge system.  We’ll continue to work with the Cooperative Alliance for Refuge Enhancement (CARE) toward increased funding for refuge operations and maintenance, and will again work with Audubon chapters and state offices to identify and pursue Land and Water Conservation Fund priorities within the Refuge System.  Audubon also will continue our efforts to secure funds to remove invasive species from priority bird habitat areas within the Refuge System.

 

Critical Votes: Action will begin in House Appropriations Interior Subcommittee – no NJ members – them move to full Committee.  NJ lawmakers on Appropriations Committee:  Reps. Frelinghuysen (R), and Rothman (D). Neither New Jersey Senator is on the Senate Appropriations Committee.

 

TACKLING THE GROWING PROBLEM OF INVASIVE SPECIES: Invasive, non-native species -- like the northern snakehead fish -- that choke out, devour and destroy native wildlife and their habitat have infested more than 100 million acres of the American landscape and have caused $130 billion worth of damage to the American economy every year.  The problem is spreading and multiplying fast.  Each year in America, more than 14 million acres are lost to invasive weeds ­-- an area equal to a strip of land seven miles wide stretching from coast to coast.  Invasive weeds and non-native animals also present one of the most critical threats to the nation’s declining bird populations.  More than one-third of all imperiled bird species in America are threatened.  Invasive trees and weeds like bufflegrass and salt cedar are destroying habitat needed by critically imperiled birds such as Costa’s Hummingbird, Curve-billed Thrasher, Seaside Sparrow, and the Elf Owl.  In the coming months, Audubon’s Public Policy office will launch an effort to control and contain invasive species “Hot Spots.” Audubon will focus on those areas where the threat is significant and growing, where the nation’s most valuable bird and wildlife habitat is at risk, and where America’s most imperiled bird populations are declining. 

 

Critical Votes:  Action will take place in House Resources Committee.  NJ lawmakers on Resources Committee:  Reps. Saxton (R), and Pallone (D)  In the Senate, action would take place in the Environment and Public Works Committee, where Sen. Lautenberg is a member.

 

RESTORING AMERICA’S SPECIAL PLACES: Many of our nation’s most unique natural resources are in jeopardy.  These diverse and ecologically sensitive ecosystems are literally losing critical ground every day!  Pollution, development, invasive species – just to name a few -- are destroying these habitats that are not only critical for the survival of endangered and threatened species, but the public’s health as well.  Congress can help by passing legislation that will restore and protect these special places – habitats that are known the world over, like the one-of-a-kind Everglades, the mighty Mississippi River, America’s unique and diverse wetlands along the Louisiana coast, the historic and ecologically significant Rio Grande, and the majestic Long Island Sound.  These truly unique habitats belong to all Americans, not just those who live nearby.

 

Critical Votes:  Initial action on these primarily funding issues will begin in the Energy & Water Development Subcommittee of the House Interior Appropriations Committee.  NJ Lawmakers on that Committee: Rep. Frelinghuysen (R).  Then onto the full Appropriations Committee, where both Reps Frelinghuysen and Rothman (D) are members.  Neither NJ Senator is on the Senate Appropriations Committee.

 

ADDRESSING POPULATION & THE GLOBAL ENVIRONMENT: Human population growth is the most pressing environmental problem facing the U.S. and the world.  Population expansion over the last 50 years has exacerbated many environmental problems, including air and water pollution, loss of birds, other wildlife and their habitat, fisheries depletion, and climate change acceleration.  These are global problems that transcend national boundaries. The U.S. Congress can help. Each and every year, the U.S. Congress dedicates funding to international family planning programs, which provide education and voluntary health care services, train health workers and supply contraceptive commodities.  International family planning improves the ability of people to manage their lives and their natural resources in a more sustainable fashion, which in turn helps protect birds, other wildlife and our environment.  Last year, Congress increased its funding for international family planning by a modest amount.  This year, we’ll be back to fighting for an even bigger increase. 

 

Initial work on this will begin in the Foreign Operations Subcommittee of the House Appropriations Committee.  NJ Lawmakers on this Committee: Rep. Rothman.  The bill would then move onto the full Appropriations Committee, where Reps . Frelinghuysen and Rep. Rothman are members.  Neither NJ Senator is on the Senate Appropriations Committee.

 

WE’LL ALSO BE WORKING to encourage Congress to fund Audubon’s Land & Water Conservation Fund site priorities, pushing Congress to keep its commitment to the beauty and health of our public lands by expanding these dwindling natural habitats – particularly those important for America’s declining avian species. We’ll be monitoring legislation and regulations impacting our National Forests, including recent rule changes for Forest Service NEPA compliance and planning for wildlife populations.  We will make every attempt to ensure our forests stay healthy to support birds and other wildlife.  Audubon will continue to make protection of Alaska’s public lands a priority, and you can count on Audubon to continue in its effort to increase our nation’s commitment to local protection of species and critical habitat through the State Wildlife Grants program.

 

Funding for LWCF and State Wildlife Grants will be debated and decided by the Interior Appropriations Subcommittee, and then the full Appropriations Committee. Reps. Frelinghuysen and Rothman are members.