The FIR Act waives the requirement for the Forest Service and Bureau of Land Management to reinitiate consultations under the Endangered Species Act when new species are listed, critical habitats are designated, or new information about land management effects emerges.
Ryan Zinke
Representative
MT-1
The FIR Act, or Forest Information Reform Act, aims to streamline environmental regulations by waiving the need for the Forest Service and Bureau of Land Management to reinitiate consultations under the Endangered Species Act in certain situations, specifically when new species are listed, critical habitats are designated, or new information emerges regarding land management impacts. This waiver applies when land management or land use plans are already in place.
FIR Act: Endangered Species Protections Cut for Federal Land Projects
The Forest Information Reform Act (FIR Act) drastically changes how the Endangered Species Act (ESA) applies to federal lands managed by the Forest Service and Bureau of Land Management. Specifically, Section 2 of the FIR Act removes the requirement for these agencies to revisit and potentially revise their land management plans when new information about endangered species comes to light. This applies both when a new species is listed as endangered or when new scientific data reveals that a project might harm a species or its critical habitat more than initially thought.
Fast-Tracking Land Use
This bill essentially streamlines land use and resource extraction. Before the FIR Act, if new information emerged about a project's impact on an endangered species – say, a new study showing logging would destroy crucial nesting grounds – the Forest Service would have to re-engage in what's called a 'consultation' with expert agencies under the ESA. This process could lead to project modifications to protect the species. The FIR Act eliminates this review step. Once a plan is in place, it stays in place, regardless of new scientific findings.
Real-World Impact: Ignoring New Science?
Imagine a construction company gets approval to build a road through a national forest. Years later, scientists discover the area is the only remaining habitat for a rare butterfly newly listed under the ESA. Under previous rules, this discovery would trigger a review to see if the road project needs adjusting. The FIR Act says, "too bad" – the project proceeds as planned, potentially wiping out the butterfly. Or consider a mining operation approved near a river. If new research shows the mine is leaching toxins, endangering a listed fish species, the FIR Act doesn't require any reevaluation. The mining continues, even with the new evidence of harm.
The Bigger Picture: Expediency vs. Extinction
While the FIR Act might speed up projects on federal lands (think logging, mining, or energy development), it does so by removing a key safeguard for endangered species. The law essentially prioritizes land use over environmental protection, potentially ignoring crucial scientific updates that could prevent harm to vulnerable wildlife. The Act removes checks and balances. The long-term consequences could be significant, especially as new species face increasing threats from climate change and habitat loss. Section 2 of the bill, by design, allows for potentially outdated information to dictate how we manage our federal lands, and that's a problem.