ExecutiveOrdersEO
MemoMemorandumClinton · D Quiet signal

Presidential Memorandum

Suspension of the Proviso Limiting Implementation of Subsections (a), (b), (c), (e), (g), or (i) of the Endangered Species Act of 1973 (16 U.S.C. 1533) Contained in the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (H.R. 3019)

President Clinton suspended a congressional proviso that had restricted implementation of key Endangered Species Act listing and designation provisions (subsections a, b, c, e, g, i of section 4) in the 1996 appropriations act. This immediately restored the Fish and Wildlife Service's authority to list species, designate critical habitat, and develop recovery plans without the funding limitation.

Federal Register Open PDF 61 FR 24667

Impact dates

  1. Suspension continues until limitation proviso expires

Key directives

  • Suspend the limitation proviso restricting ESA section 4 subsections (a), (b), (c), (e), (g), (i)
  • Secretary of Interior to report suspension to Congress
  • Secretary of Interior to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Suspension of limitation proviso takes effect immediately
  • Secretary of Interior authorized to report to Congress and publish in Federal Register

Near term (90d)

  • Potential resumption of ESA listing and critical habitat designations previously blocked by appropriations rider

Long term

  • Proviso suspension continues until the limitation proviso expires (end of fiscal year 1996, September 30, 1996)

Risks & tensions

  • Temporary nature of suspension (expires with appropriations act) creates uncertainty for long-term planning
  • Potential conflict with Congress over use of proviso suspension authority
  • Balancing environmental protection against economic development interests in critical habitat designations
Presidential Memorandum: Suspension of the Proviso Limiting Implementation of Subsections (a), (b), (c), (e), (g), or (i) of the Endangered Species Act of 1973 (16 U.S.C. 1533) Contained in the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (H.R. 3019) · Executive Orders