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“Oversight of the Migratory Bird Treaty Act”

Wednesday, March 4, 2026

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Rep. Hageman (WY)

The Subcommittee on Water, Wildlife and Fisheries will come to order. Good afternoon, everyone. I want to welcome members, witnesses, and our guests in the audience for today's hearing. Without objection, the chair is authorized to declare a recess of the subcommittee at any time. Under Committee Rule 4(f), any oral opening statements at hearings are limited to the chair and the ranking member. I therefore ask unanimous consent that all other members' opening statements be made part of the hearing record if they are submitted in accordance with Committee Rule 3(o). Without objection, so ordered. We are here today to hold a hearing, an oversight hearing titled, "Oversight of the Migratory Bird Treaty Act." I now recognize myself for a five-minute opening statement. Today the Subcommittee on Water, Wildlife and Fisheries will examine the current implementation and impacts of the Migratory Bird Treaty Act, or MBTA. Migratory birds are an essential part of ecosystems and local economies across the country. From waterfowl hunting in the Mississippi Flyway to birdwatching at national wildlife refuges, a way of life for millions of Americans is rooted in migratory birds. It is in this spirit that the MBTA was passed by Congress in 1918 and has been amended subsequently to implement four different bilateral treaties governing the conservation of hundreds of migratory bird species. Over the 100-plus year history of the MBTA, serious threats to migratory birds, such as the use of chemicals like DDT, have come and gone, while other threats from building strikes and wind turbines persist. In Wyoming alone, there have been several high-profile examples where wind companies have pled guilty and been fined millions of dollars for the deaths of golden eagles and other protected species caused by their wind turbines. In recent months, I have heard directly from constituents, such as the Albany County Conservancy, who have grave concerns about the impacts of two proposed wind projects in Wyoming. Both of these projects are currently moving forward in direct conflict with various executive and secretarial orders issued by the Trump administration, which is why I have engaged the Trump administration directly, urging them to take a much closer look at these projects, both of which were approved by the Biden administration before they proceed. The impact of power generation and distribution on migratory birds is complex. For example, birds colliding with or building nests on power lines and other energy infrastructure can lead to catastrophic events such as widespread outages or even wildfire. We will hear from one of our witnesses about the legal uncertainty electric utilities face from MBTA implementation that threatens birds, ratepayers, and public safety. I look forward to discussing how we can better protect migratory birds from power generation and ensure utility providers have the tools necessary to safely and responsibly deliver power to our ratepayers. Additionally, the subcommittee has heard in the past that growing and unchecked migratory bird populations have cost millions of dollars for important industries like agriculture and aquaculture. In response, Natural Resources Committees have passed bipartisan legislation such as the Cormorant Relief Act and the Black Vulture Relief Act. The Cormorant Relief Act went on to pass the House of Representatives by a voice vote. Today we will examine holistically if the MBTA's mechanisms for take adequately account for today's conservation and economic realities. Today's hearing is a function of our responsibility to review all of the major statutes under our subcommittee's jurisdiction. With that, I want to take the time to thank our witnesses for being here today. I do apologize for the late start. We just came off the floor after voting, but I do look forward to a robust conversation. I look forward to your testimony. I now recognize Ranking Member Hoyle for her opening statement.

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