The annual Interior, Environment, and Related Agencies appropriations bill contains appropriations for the Fish and Wildlife Service (FWS) in the Department of the Interior (DOI). For FY2013, on July 10, 2012, the House Committee reported H.R. 6091 ( H.Rept. 112-589 ), approving $1.16 billion, down 21.5% from the FY2012 level of $1.48 billion contained in P.L. 112-74 . The reductions continue a trend from the FY2012 appropriations cycle, when the House committee approved a 20.6% reduction in the FWS budget relative to FY2011. The President had requested $1.55 billion in annual appropriations, an increase of 4.9% over FY2012. The committee's proposed changes in accounts and subaccounts range from elimination (-100%) to a decrease of 6%. (See Table 1 .) This report analyzes FY2013 appropriations in a policy context, with reference to past appropriations. Among other things, the House committee report emphasized that at least 51 agencies or programs in the bill were operating with expired authorizations, and a few have no authorizing statute. The committee "reserves the option to limit future funding for unauthorized programs or discontinue funding altogether.... [T]he Committee has exercised that option by decreasing or terminating funding for fish and wildlife conservation." Consequently, a number of FWS accounts were reduced by 50% or more. By far the largest portion of the FWS annual appropriation is the Resource Management account, for which the House Committee approved $1.04 billion, down 15.1% from FY2012. The Administration requested $1.25 billion, up 1.7% from the $1.23 billion for FY2012. Among the programs included in Resource Management are Endangered Species, the Refuge System, Law Enforcement, Fisheries, and Cooperative Landscape Conservation and Adaptive Science. Funding for the endangered species program is part of the Resource Management account, and is a perennially controversial portion of the FWS budget. The House committee approved $134.0 million, down 23.8% from the FY2012 level of $176.0 million. The Administration had requested $179.7 million, up 2.1%. (See Table 2 .) The committee reduced most subaccounts significantly, with Critical Habitat Designation being most affected (down 39.7%). While the Administration proposed a modest increase in the listing program as a whole, it proposed no increase in funding to respond listing petitions. FWS has long argued that responding to listing petitions uses agency resources that would be better spent on listing species that the agency itself judges to be more in need of protection. In contrast, critics argue that FWS has proposed and listed very few domestic species on its own initiative and that without petitions many listings would not occur. The committee bill for FY2013 continued specific ceilings on the maximum spending for listing species in response to petitions, for listing foreign species, and for designation of critical habitat; identical limits were contained in FY2012 appropriations. The limitations on listing foreign species or responding to petitions were not found in the FY2011 appropriations bill; limitations on critical habitat designation have been a feature of appropriations bills for over 15 years. The President's proposal for FY2013 would also have continued the limits. The House committee approved $45.9 million (-23.5%) for consultation. The Administration request would increase funding for consultation under Section 7 of the Endangered Species Act (ESA) by 4.9% over FY2012. Under Section 7, federal agencies are obliged to consult with FWS on their actions which may affect listed species, and to obtain a biological opinion (BiOp) from FWS on whether the action might jeopardize the species. If jeopardy is found, the BiOp may include reasonable and prudent alternatives for the agency action that would avoid jeopardy. FWS consultation may be critical to timely actions by federal agencies, which might otherwise hesitate to act in the face of potential citizen suits under the ESA. The committee also sought to insulate consultations regarding northern spotted owls (a species found primarily in old growth forests of the Pacific Northwest) from the effects of the reductions by directing FWS to "devote sufficient funds from within Consultation to assure timely Biological Opinions on the northern spotted owl to other Federal land management agencies in addition to technical assistance review and 'no take letters' to small landowners seeking approval to implement harvest plans." A substantial reduction in consultation funding, plus directives to maintain funding for spotted owl consultation, would combine to decrease resources for consultation with other agencies for other species. Within the amounts for recovery, the committee directed that $1 million be used to restore a program to compensate ranchers for livestock losses due to wolf depredation; the committee also urged the Administration "to fund this program through the Department of Agriculture in future years." The Cooperative Endangered Species Conservation Fund (CESCF) also benefits species that are listed or proposed for listing under ESA, through grants to states and territories. The House committee approved $14.1 million for the CESCF, down 55.9% from the FY2012 level of $47.7 million. The Administration requested $60.0 million, up 25.8%. The program assists states with, among other things, the preparation of Habitat Conservation Plans (HCPs). HCPs are developed for non-federal actions by state, local, business, or private entities as a requirement for obtaining an Incidental Take Permit for actions that may affect listed species. For HCPs involving many actors, states may use their funds from this program to coordinate the HCPs, to develop a single umbrella plan on behalf of a region, or to acquire land to mitigate effects of a project. Taking the two programs together, the House committee would decrease endangered species funding by 31.5% compared to FY2012 levels. Because Section 15 of ESA (16 U.S.C. §1542), authorizing appropriations, expired in FY1992, it is sometimes said that the ESA is not authorized. However, that does not mean that the agencies lack authority to conduct actions (§§4, 6-8, 10, and 11; 16 U.S.C. §§1533, 1535-1537, 1539, and 1540), or that prohibitions within the act are no longer enforceable (§9; 16 U.S.C. §1538). Those statutory provisions continue to be law, even when money has not been appropriated. (Moreover, Congress may choose to continue to appropriate funds for programs whose authorization has expired.) The expiration of a provision authorizing appropriations does not end the statutory obligations created by that law. The U.S. Supreme Court has long held that "the mere failure of Congress to appropriate funds, without further words modifying or repealing, expressly or by clear implication, the substantive law, does not in and of itself defeat a Government obligation created by statute." Moreover, Section 11(g) (16 U.S.C. §1540(g)) "allows any citizen to commence a civil suit on his own behalf" on various broad, specified provisions of the act. This option would still be available, and because of this Supreme Court decision, an agency (here FWS, defended by the Department of Justice working with DOI) would have to respond, regardless of agency funding. The House committee approved $437.4 million for the National Wildlife Refuge System, down 9.9% from FY2012. The President requested $494.8 million, up 1.9%. Costs of operations have increased on many refuges, partly due to special problems such as hurricane damage and more aggressive border enforcement, but also due to increased use, invasive species control, maintenance backlog, and other demands. According to FWS, refuge funding has not been keeping pace with these demands. Combined with the rising costs of rent, salaries, fuel, and utilities, the agency says these demands have led to cuts in funding for programs on refuge lands to aid endangered species, reduce infestation by invasive species, protect water supplies, address habitat restoration, and ensure staffing at the less popular refuges. While some increases were provided to address these problems in recent years, the FY2009 economic stimulus law ( P.L. 111-5 , American Recovery and Reinvestment Act) provided additional funding to address these concerns. One response to reduced funding has been the consolidation of refuges (called "complexing" by FWS) under a single refuge manager and staff, as a means of sharing staff and equipment. This program has met resistance from refuge supporters who argue that refuge units will lose resources and adequate supervision. Balanced against these concerns is congressional interest in general deficit reduction. Law Enforcement is part of the Subaccount for Migratory Birds, Law Enforcement, and International Affairs. Nationwide law enforcement covers wildlife inspections at international borders, investigations of violations of endangered species or waterfowl hunting laws, and other activities. The House committee approved $54.7 million, down 15.2% from the FY2012 level of $62.1 million. The Administration requested $63.9 million, up 2.8%. The House committee provided $127.2 million, down 6.0% from FY2012. The Administration's FY2013 request for this activity was $131.6 million, down 2.7%. Within this account, the committee held funding for National Fish Hatchery Operations at $46.1 million, identical to the FY2012 level, and took a larger share out of aquatic habitat and species conservation. In contrast, most of the Administration's reduction ($2.9 million) was proposed to come from National Fish Hatchery Operations. FWS manages a number of hatcheries under the National Fish Hatchery System.