Congress Tackles the Endangered Species Act

by Mark J. Palmer

Anti-environmental members of Congress are once again stalking the Endangered Species Act (ESA) - our nation's toughest wildlife law. Their proposed bill would hamstring the ESA in the name of eliminating "red tape."

The ESA is a unique effort to prevent the extermination of wild animals and plants in the US. It has blocked many habitat-destroying projects around the country and earned the wrath of loggers, farmers and an array of western Congressmembers who tend to favor rural development interests. Gutting the ESA has become the most important goal of the anti-environment "Wise-Use Movement" - a coalition funded in large part by oil, gas, timber and mining industries.

When Republicans gained control of the House in 1994, the ESA seemed doomed. Rep. Richard Pombo (R-CA), a part-time rancher and full-time critic of the ESA, was appointed head of a special House Committee on the ESA. Pombo's committee hosted public hearings around the country replete with Reaganesque horror stories from self-righteous property owners who complained about federal agents violating their property rights to protect obscure endangered weeds and rodents. Pombo's Committee subsequently recommended that the House should repeal the ESA.

Then a funny thing happened: The Republican "Contract with America" lost steam. The Republican Party's own polls showed that the voting public did not trust the GOP to protect the environment. A cadre of moderate Republicans, led by Rep. Sheryl Boehlert (R-NY), joined forces with pro-environment Democrats to oppose extreme anti-ESA legislation and funding attacks. House Speaker Newt Gingrich (R-GA), himself a longtime financial supporter of the Atlanta Zoo, quietly shelved the Pombo ESA measure.

Beware Kempthorne "Reform"
The Congressional leadership, chastened by the loss of several anti-environment members in the 1996 election, is now taking a different approach to environmental issues. Instead of gutting prominent environmental laws, the new stance is to "fix" them using popular rhetoric. Thus, a new ESA "reform" bill is promoted as a means to cut "red tape" and make the ESA more "user-friendly."

Early this year, Senator Dirk Kempthorne (R-ID) introduced (after months of secret negotiations from which environmental groups were excluded) a new bill (S 1180) that promises much in the way of ESA "reform." The good news is that S 1180 still keeps the basic structure of the ESA in place - development projects that threaten the survival of endangered species by harming species or their habitat directly would theoretically be modified or otherwise mitigated to protect the species as much as possible. Theoretically.

The bad news is that the Kempthorne bill is riddled with loopholes. For example, S 1180 would allow federal agencies to determine for themselves whether their proposed construction projects would harm species. This is clearly a case of entrusting the fox with the keys to the hen house. Some federal agencies, such as the US Bureau of Reclamation, have repeatedly tried to thwart the intent and letter of the ESA since its inception. To cite just one case, the Bureau has repeatedly fought changes in the water flow and temperature at Shasta Dam in California - changes meant to protect endangered salmon in the Sacramento River below the dam. It is inconceivable that such agencies would suddenly start to cooperate with federal wildlife officials.

The timelines proposed in S 1180 for approval of species Recovery Plans and designation of Critical Habitats are certainly unrealistic and would require hefty funding. The legislation calls for the creation of Recovery Teams to develop plans to protect endangered species and to assess the likely impacts of recovery efforts on employment, costs to municipalities and property values. Such information is seldom available or reliable. This requirement is of doubtful usefulness and would only impede the preparation of Recovery Plans.

S 1180 would also authorize the Secretary of the Interior to issue permits allowing people to kill endangered species for routine "low effect" activities. Can you imagine Secretary James Watt with this authority?

With the last-minute support of the Clinton Administration, S 1180 was approved by the Senate Environment Committee shortly before the 105th Congress adjourned. To her credit, Senator Barbara Boxer (D-CA) voted against S 1180 in committee - one of only three votes against S 1180 (the other two no votes were from western senators who felt it did not weaken the ESA enough!). S 1180 will be back on the Senate floor when congress resumes in January 1998.

Ironically, while environmental groups are actively opposing S 1180, many members of Congress allied with Rep. Pombo are also opposed since the bill does not provide financial compensation directly to landowners "harmed" by the ESA's protections (a quick way to bankrupt the ESA program!).

It's Miller ESA Bill Time
On the House side, Rep. George Miller (D-CA) has taken a different approach to the ESA. His Endangered Species Recovery Act (HR 2351), prepared with the help of environmentalists, provides tax incentives to landowners who work to conserve species on their land, shores up the federal protection of "critical habitat" (habitat loss is the major cause of species decline in the US) and improves public access to decision-making - it has a new provision designed to incorporate public comment into Recovery Plans.

The Miller bill builds upon the existing ESA and seeks to plug the current loopholes that allow abuse of species and habitat. It is diametrically opposed to S 1180 and the more extreme Pombo bill - this promises a wildlife policy collision in the 1998 Congress.

Our wildlife heritage is in serious trouble. Unless the ESA is upheld and strengthened to more effectively protect species and habitats, our legacy to future Americans will be dismal indeed. Further, the breakdown of biological systems, signaled by the decline and loss of individual species, threatens human life as well. It is the human activities that harm our wildlands that need to be reformed - not the ESA.

What You Can Do: Urge President Bill Clinton [The White House, Washington, DC 20500] to abandon his support for S 1180. Urge your Representatives and Senators to oppose S 1180 (Kempthorne) and to support HR 2351 (Miller). The toll-free Capitol Switchboard telephone number is (888) 723-5246.

Mark Palmer is the director of EII's Wildlife Alive project.