Pombo Bill Applies DQA Standards to ESA Scientific Data Standard
 
 
(Note: Please keep in mind that on page 5 of this 72-page "Staff Discussion Draft" on lines 9-11 you will find "Invasive Species" again, the intent clearly being to codify something utterly false on the premise that "native" is good and "non-native" is "invasive." There are plenty of property rights reasons to squelch the Threatened and Endangered Species Recovery Act of 2005 and not a single one for feeding and watering it, no matter how much Language Deception swirls 'round it, seeking tacit approval. The House Resources Committee received so much righteous wrath in a few short days that it hastily "rescheduled" further discussion until autumn. What is needed is total REPEAL -- NOT "reform" -- of the ESA and all "invasive species" language must be scrubbed from all pending legislation. The Trojan Horse of the ESA and its stable mate, "I.S.," must be culled from America's laws -- the sooner, the better!)
 
 
July 12, 2005
 
 
No author given at originating website URL.
 
The Center for Regulatory Effectiveness (CRE)
 
11 Dupont Circle NW, Suite 700
 
Washington, D.C. 20036
 
202-265-2383
 
 
 
Rep. Richard Pombo (R. CA) and House Resources Committee staff have drafted a bill currently entitled the Threatened and Endangered Species Recovery Act of 2005.
 
The draft bill amends the federal Endangered Species Act (ESA) in several respects.

In particular, the bill requires the Secretary of the Department of the Interior to promulgate regulations establishing criteria for the "best available scientific data."
 
The ESA requires that decisions under the statute be based on this type of data.

The draft bill incorporates the Data Quality Act (DQA) standards and the OMB (Office of Management and Budget) peer review guidelines into the ESA definition of "best available scientific data."

The draft bill allows DOI (The Department of Interior) to require other federal agencies to reconsider ESA decisions that DOI believes do not meet the new data standards.

CRE believes that express statutory incorporation of the DQA and OMB peer review guidelines into ESA determinations might be useful for emphasis.
 
However, CRE also believes that the DQA and OMB peer review guidelines already apply to ESA determinations under existing law.

As of July 12, 2005, the draft bill had not yet been introduced.
 
 
 
To read a draft of the Pombo Bill: http://thecre.com/pdf/20050711_pombo.pdf
 
Copyright 2005, The Center for Regulatory Effectiveness.
 
 
 
Additional researched, recommended reading:
 
 
The CRE's Links Page: http://www.thecre.com/links.html
 
The Pombo ESA Reform "Staff Discussion Draft" is also posted here: http://www.eswr.com/605/pombodraftbill.pdf
 
Implementation of the  Endangered Species Act of 1973 - Report to the House Committee on Resources, Richard W. Pombo, Chairman, Majority Staff, 109th Congress, May 2005