Chairman Capito Asks FWS Director Nesvik About FWS Priorities and D.C. District Court Decision

WASHINGTON, D.C. - Today, U.S. Senator Shelley Moore Capito (R-W.Va.), Chairman of the Senate Environment and Public Works (EPW) Committee, held a hearing examining the U.S. Fish and Wildlife Service's (FWS) proposed budget for fiscal year 2027.

During the hearing, Chairman Capito asked Director Nesvik about the recent D.C. District Court decision vacating the biological opinion that governs consultations under the Endangered Species Act (ESA) for coal mining activities in states that have primacy under the Surface Mining Control and Reclamation Act (SMCRA). She also asked about the ongoing implementation of the America's Conservation Enhancement Reauthorization Act (ACE Act), as well as the effectiveness of the Information for Planning and Consultation (IPaC) project planning tool in streamlining the ESA consultation process.

HIGHLIGHTS:

D.C. DISCTRICT COURT DECISION:

Chairman Capito:

"I'd like to go to something I alluded to in my opening statement, which is the U.S. District Court of District of Columbia vacating the biological opinion that governs consultations under the Endangered Species Act for coal mining activities in states that have primacy under SMCRA. This is very problematic for my state in particular. As you know, we have experienced considerable delays with the ESA consultations anyway during the previous administration.

So, Mr. Director, do I have your commitment to work with the Office of Surface Mining, state regulators, including West Virginia's EPA, and the mining industry on a path forward that allows ESA consultations to take place in an efficient manner and avoid unnecessary delays in the permitting process after this court decision […]?"

FWS Director Brian Nesvik:

"As you mentioned, this is a recent development. This is a pretty recent court decision. We are aware of it in the Department of Interior, and we've already begun looking at what the options may be in order to ensure that this doesn't disrupt our abilities to issue those permits that previously state primacy was able to address. So, I don't have specific options identified here today, but please know that we are working on those, and myself, as well as senior officials in the Department, are very well aware."

ACE ACT IMPLEMENTATION:

Chairman Capito:

"Also, in my opening statement, I mentioned the successful bipartisan reauthorization of the ACE Act. We haven't had the chance really to talk about the implementation at this Committee level. Can you provide us with an update on the implementation of the ACE Act, including what is working well and any challenges that you might have encountered?"

FWS Director Brian Nesvik:

"First of all, I'll tell you that specifically with the National Fish Habitat Partnerships, we've got right now in place 20 different partnerships, and this is a great opportunity to deliver conservation on the ground, habitat work, recreational fisheries, and increase public access. […] You specifically talked about issues with wildlife conflict that are identified in the ACE Act, and we're able to take some steps to help livestock producers who are having depredation problems with black vultures. That work is underway. We've already identified ways, and we're delivering that in the field now. And certainly, along the lines of wildlife disease, we've worked with our state partners to look at new, innovative ways that we can address wildlife disease, as you mentioned, and so I don't have any concerns with implementation, and know that it is ongoing."

IPaC PROJECT PLANNING TOOL:

Chairman Capito:

"I want to ask about the IPaC project planning tool. We've actually had testimony in previous meetings that it's coming, it's going to happen, and it was getting delayed, and had great promise to make […] the consultation process more efficient. Can you describe the success of the IPaC planning tool and how additional funding in the budget will help that? And […] I know the Ranking Member mentioned [in his opening statement] somebody was cut out of the IPaC process. If you could respond to that as well."

FWS Director Brian Nesvik:

"First of all, I'll tell you that IPaC has been a game changer, as you alluded to. Our partners who use IPaC are very interested in seeing it continued, and also there are opportunities to enhance IPaC and to make it more efficient and usable. For example, in West Virginia, 80% of the projects that are initially submitted through IPaC are almost approved immediately. With improvements to IPaC, we believe we can cut down permitting timelines by half. And so, there is interest within the Department. As you indicated, there's lots of support for moving forward with IPaC, and I believe that we can do better, particularly by focusing on it and on these improvements.

Specific to the Ranking Member's questions regarding clean energy projects, I think that folks are aware that this administration directed a review process for all energy projects. And part of that review process included, initially, a prohibition from those particular energy proponents from being able to submit their projects. Those reviews are ongoing, and I don't have much more on that."

Click HERE to view Chairman Capito's questions.

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