America's Conservation Enhancement Reauthorization Act of 2024

Floor Speech

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Mr. PALLONE. Mr. Speaker, I rise to speak on S. 3791, the American Conservation Enhancement (ACE) Act.

The ACE Act helps to preserve ecosystems, restore habitats, and conserve wildlife by reauthorizing the North American Wetlands Conservation Act, the National Fish and Wildlife Foundation Establishment Act, and the Chesapeake Bay Program, among others. I strongly support these programs and the vital conservation efforts they undertake across the Nation and that's why I will support this bill.

Unfortunately, it also includes an exemption for lead-containing sport fishing equipment under the Toxic Substances Control Act (TSCA). Section 107 of the bill would prevent the Environmental Protection Agency (EPA) from regulating lead tackle under TSCA even if the agency determines that it poses an unreasonable risk to human health.

This section is a solution in search of a problem. To date, EPA has not taken steps to regulate lead tackle under TSCA, and if they did, it would not necessarily result in a ban. In fact, TSCA provides EPA a range of options to protect public health short of a ban--like labeling.

TSCA exists to protect human health, and only authorizes EPA to take action when the agency finds an unreasonable risk. If EPA finds that lead tackle poses an unreasonable risk to human health, we should not take away its authority to address it.

The toxicity of lead to humans and wildlife is well-established. Ingestion of lead can sicken and kill wildlife and can pose a risk to humans handling lead. Considering the risks, several states have banned the use of lead tackle and sinkers, and, in 2023, the U.S. Fish and Wildlife Service finalized a rule to phase out lead ammunition and tackle in national wildlife refuges by 2026. Blocking any potential EPA action on lead tackle under TSCA will not stop these regulatory efforts. But it will lock in the uneven patchwork of protections from the harms of lead tackle across the United States.

Congress provided EPA with the authority to regulate dangerous chemicals with the goal of protecting public health and the environment. We should let EPA do its job. Congress should not make it standard practice to provide exemptions from our bedrock environmental laws at the expense of public health. Especially for something as dangerous for humans and wildlife as lead.

While I continue to strongly oppose this section, I do support the other provisions in this bill and therefore vote in favor of S. 3791.

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