Rep. Mann: The Lesser Prairie-Chicken is Biden’s next chance to listen to producers and Congress

On April 19, President Biden received a bipartisan joint resolution of disapproval on his administration’s flawed and burdensome “Waters of the United States” (WOTUS) rule. Instead of listening to agricultural producers, small business owners, and Congress, he vetoed it. That is inexplicable. Congress, not the executive branch, was created to legislate, and while President Biden would like to federally regulate every small stream, ditch, and puddle from sea to shining sea, American producers have been the careful stewards of their own resources for centuries. They are the original conservationists, and their livelihoods already depend on their voluntary efforts to care for their water resources.

Soon, President Biden will have another opportunity to listen to producers and Congress, and it will come in the unlikely form of the lesser prairie chicken. Last year, the Biden Administration proposed the listing of the northern and southern distinct populations of the bird as “threatened” and “endangered”, respectively, under the Endangered Species Act. That ruling became active this March.

Under the Endangered Species Act, the normal activity of agriculture and energy production can be construed as "harm" and "harassment" of the listed species, and thus prohibited. This rule fails to provide adequate protections, even going so far as to require third-party-approved grazing plans for ranchers, which is an absurd, unnecessary, insulting, and burdensome proposal.

The truth is, the lesser prairie chicken’s population depends on rainfall, not the activity of agriculture and energy producers. In response to this misguided listing, which would add to President Biden’s other policies that threaten our nation’s food security and energy independence, I introduced a joint resolution of disapproval under the Congressional Review Act to strike it down. On April 28, the House Natural Resources Committee passed my resolution, and on May 3, the U.S. Senate passed its version of the resolution.

The designation of the lesser prairie chicken as threatened in places like Kansas is unacceptable, and this rule should have no force or effect until Congress is consulted. I have been working hard on this issue throughout my time in Congress, and I am encouraged to see that it passed in the U.S. Senate. Now, it’s time for the U.S. House of Representatives to decide whether we want to stand for big government overregulation that will put producers out of business or stand up for producers’ rights to private property and self-determination. If we are willing to stand up for producers, the resolution will pass and make its way to President Biden’s desk.

If that happens, I hope that President Biden is willing to listen this time.