A bill to remove the lesser prairie-chicken from the lists of threatened species and endangered species published pursuant to the Endangered Species Act of 1973, to amend that Act to exclude the lesser prairie-chicken from the authority of that Act, and for other purposes.
- Sponsor
- Sen. Marshall, Roger [R-KS]
- Committees
- Environment and Public Works Committee (primary)
- Last action
- Jan 21, 2025
Bottom line
The bill permanently strips federal protections from the lesser prairie-chicken, preventing its future listing under the Endangered Species Act.
What it actually does
This bill mandates the immediate removal of the lesser prairie-chicken, including all its distinct population segments, from the federal lists of threatened and endangered species under the Endangered Species Act of 1973 (ESA). Furthermore, it amends the ESA to permanently prohibit the Secretary of the Interior from ever again designating the lesser prairie-chicken as an endangered or threatened species.
Proponents argue
Proponents argue that the federal listing of the lesser prairie-chicken imposes undue regulatory burdens on landowners, farmers, ranchers, and energy producers in affected states, hindering economic development and private land use. They contend that state-led and voluntary conservation efforts are sufficient and more appropriate for managing the species, and that federal overreach through the ESA is detrimental to local economies.
Opponents contend
Opponents assert that delisting the lesser prairie-chicken ignores scientific evidence indicating the species remains imperiled and requires federal protection to prevent further decline or extinction. They argue that removing the species from the ESA and precluding future listings sets a dangerous precedent, undermining the scientific integrity and effectiveness of the Act as a critical tool for biodiversity conservation.
The bill text is exceptionally short and straightforward, allowing for a quick and easy understanding of its direct provisions.
Section 1(a)
Immediate Delisting of Lesser Prairie-Chicken
This provision explicitly removes the lesser prairie-chicken (Tympanuchus pallidicinctus), including all its distinct population segments, from the lists of threatened and endangered species maintained under the Endangered Species Act of 1973. This means that all federal protections, recovery plans, and regulatory requirements associated with its listed status would immediately cease upon enactment.
Supporters argue
Proponents argue that this delisting will alleviate significant economic pressure on industries and private landowners in the lesser prairie-chicken's habitat, allowing for greater flexibility in land management and resource development. They often contend that the species' population has stabilized or that local, voluntary conservation efforts are sufficient, rendering federal intervention unnecessary and overly burdensome.
Critics contend
Opponents contend that the delisting is premature and not based on sound scientific evidence, arguing that the lesser prairie-chicken remains vulnerable to habitat loss and climate change. They assert that removing federal protections will accelerate the species' decline and could lead to its extinction, undermining the core purpose of the Endangered Species Act.
Tradeoffs
This provision navigates the tension between economic development and species conservation. It trades immediate regulatory relief for industries and landowners against the long-term ecological security of a vulnerable species, potentially shifting the burden of conservation entirely to state and local entities.
Section 1(b)
Permanent Exclusion from Endangered Species Act Authority
This section amends Section 4(a) of the Endangered Species Act of 1973 to prevent the Secretary of the Interior from making any future determination that the lesser prairie-chicken is an endangered or threatened species. This means that even if scientific evidence later indicates a severe decline in the species' population, it could not be relisted under the ESA without further congressional action.