Providing for Congressional Disapproval Under Chapter 8 of Title United States Code, of the Rule Submitted By the United States Fish and Wildlife Service Relating to ``Endangered and Threatened Wildlife and Rule for the Northern Distinct Population Segment and Endangered Status for the Southern Distinct Population Segment''--veto

Floor Speech

Date: Sept. 28, 2023
Location: Washington, DC

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Mr. MARSHALL. Mr. President, today, I rise in support of the passage of S.J. Res. 9, providing for congressional disapproval of the U.S. Fish and Wildlife Service's rule regarding the lesser prairie-chicken under the Congressional Review Act over the objections of President Biden.

This week, the White House continued their war on American agriculture with its latest veto on our bipartisan lesser prairie- chicken resolution, S.J. Res. 9.

The White House has shown time and time again how truly out of touch they are with grassroots farmers and ranchers and their commitment to the environment.

Recently, the White House made the bold claim that the prairie- chicken population serves as an indicator for healthy grasslands and prairies.

To start with, I want to personally invite the U.S. Fish and Wildlife folks to the great plains of Kansas to see firsthand the many conservation efforts of our local landowners. The comment from the White House suggests that the prairies of Kansas are unhealthy, that our ranchers are the problem and not the solution. It seems obvious that once again the Agencies know little to nothing about the blood, sweat, and tears and the pride our landowners pour into their land to make sure it is cleaner, safer, and healthier for future generations.

Furthermore, the White House suggests our efforts in Congress to delist the bird ``create uncertainty for landowners and industries who have been working for years to forge the durable, locally-led conservation strategies.''

Mr. President, all of the industries impacted by this listing, who are supporters of our resolution, would strongly disagree with your statement.

However, the White House is right on one thing--it is right on the count. For over 20 years, Federal, State, and private landowners have voluntarily collaborated with the Fish and Wildlife Service to conserve the lesser prairie-chicken and its habitat. These partnerships have already resulted in conservation agreements covering roughly 15 million acres of potential habitat for the species. In fact, these efforts have been so successful that the lesser prairie-chicken species is now considered stable in Kansas.

On the other hand--make no mistake about it--this veto creates uncertainty. I have to ask the White House: What message does listing the bird now, after all the good conservation work, send to those of us who have successfully labored to improve the lands handed to us from previous generations? I will tell you the message it sends: that the hammer will still fall regardless of these successful efforts, and the government will step in and regulate our industry out of existence despite successful conservation efforts.

The Federal Government thinks it knows best when it comes to conservation. I rise to say that this assumption is wrong. Despite billions of dollars spent in the name of the Endangered Species Act, the law continues to fail at its underlying mission of recovering and delisting species. Less than 2 percent of all listed species have been removed from ESA protection since 1973.

It is clear the ESA is merely another tool weaponized by this administration to attack those of us in rural America. This is unsurprising coming from a White House that vetoed the bipartisan resolution striking down the waters of the U.S. rule.

Through a combination of public and private efforts, the lesser prairie-chicken is now better protected than at any previous time. A listing as ``threatened'' or ``endangered'' will not provide any additional conservation benefits above what already exist.

While the numbers of the lesser prairie-chicken tend to follow rainfall, numbers range-wide have been growing since the Obama administration attempted to list the bird in 2014.

No one in this body wants to see this bird go extinct. No oil producer, rancher, farmer, wind energy producer--none of us wants the demise of the prairie-chicken. That is why voluntary partnerships have worked. A listing now will only push oil and gas developments to countries that have long track records of violating human rights or extract these important energy sources in a manner which is more harmful to the environment than American producers.

Whether it is gas, diesel, wind, or solar energy, a listing now will only increase the cost of energy for Kansans. A listing now will federalize millions of acres of ranchland, increasing the regulatory burden for our farmers and ranchers, ultimately increasing the cost of food. I ask you, for what purpose? An attempt to protect a species by an Agency which has only successfully recovered 2 percent of species it has listed.

I know and believe in the local communities that have and will continue to do what is best for the land, which is what will be best for the lesser prairie-chicken.

This administration continues to ignore the impact that overregulation has on American industries. This administration's costs of rules and regulations already outpace the last two administrations combined. From January 21, 2021, through August 4 of this year, final rules from the current administration imposed roughly $400 billion in total costs, with more than 232 million hours of annual paperwork.

In summary, our resolution is one of the many important steps the Senate GOP has taken to unburden the economy from the bureaucratic harassment being employed by the Biden administration.

I again urge you to join me in applauding rather than punishing good, voluntary conservation efforts and support the joint resolution for congressional disapproval of the lesser prairie-chicken listing over the objections of the President.
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