Sherwood Boehlert: “this substitute would accomplish what the sponsors of H.R. 478 only claim to do. That is, it would ensure that the…”

“this substitute would accomplish what the sponsors of H.R. 478 only claim to do. That is, it would ensure that the Endangered Species Act never subverts emergency work to prevent or respond to floods, while keeping fundamental species protection intact. Here is precisely what this substitute would do. First, in disaster areas it would allow the repair or replacement of flood control facilities to move forward without prior consultation with the Fish and Wildlife Service. This would mean, to use my opponents' terminology, that no redtape or faceless bureaucrats could prevent emergency repairs from proceeding immediately. Second, in places that are not disaster areas, let me stress, not disaster areas, my substitute would allow repairs to move forward without prior consultation whenever a flood control project poses an imminent threat to human life or property. Now, the sponsors of H.R. 478 ought to like that language. It is taken from the one targeted section of their bill. Third, the substitute makes clear that we are not limiting in any way the President's authority to issue further exemptions in disaster areas. Fourth, the substitute is an amendment to the Endangered Species Act. I need to emphasize these points because the opposition has repeatedly mischaracterized this amendment. In this substitute, we have responded to virtually every real concern we have heard about the ESA and flooding.”