9/1/98
Kempthorne ESA Reauthorization Possibly Coming to Floor
Reports suggest that Senator Dirk Kempthorne (R-ID) will attempt to amend all or parts of S. 1180, the Endangered Species Act Reauthorization Bill into S. 2237, the Interior Appropriations Bill after Labor Day next week.
The Interior Appropriations Bill is second or third on the Senate Calendar and is the first legislative vehicle to which Kempthorne will attempt to attach his bill. Others may follow or he might still try to bring his bill up on its own.
S. 1180 has many shortcomings. Not only does it retain each and every part of the current law and its regulations, it adds new regulatory powers never authorized by the ESA. It uses the "ecosystem" approach of managing land that will, if enacted, become the nation’s first federal zoning law. Major Problems with S. 1180 include:
1. No compensation for regulatory taking;
2. Landowner must obtain permission from federal government to use own land;
3. Authorizes Habitat Conservation Plans (HCPs), Safe Harbor Plans and No Surprises Agreements, which are nothing more than vast centralized zoning schemes that operate as legal extortion;
4. Uses ecosystem-type management plans to recover species on private land;
5. "Harm" definition is not changed, meaning that "modifying" or "disturbing" habitat that is merely "suitable" for threatened or endangered species will remain criminal;
6. Will lock up private land even where there are no endangered species because "suitable" habitat includes "all lands that harbor or could support" a species;
7. Limits availability of information under the Freedom of Information Act;
8. Landowners found in violation of the Act could face criminal charges;
9. Endorsed by Interior Secretary Bruce Babbitt.
The ESA is not about saving species, it’s about stripping Americans of their precious property rights. Kempthorne’s attempts to pass any parts of his bill needs to be stopped. Call or your U.S. Senator’s office today and demand they oppose any attempt to amend S. 2237 or any other legislation with Kempthorne’s ESA amendments. Faxback Docs.178, 191, 192, 330
Sovereignty Bill Introduced in the Senate
Senator Ben Nighthorse Campbell (R-CO) has introduced a companion bill to H.R. 901, The American Land Sovereignty Protection Act which passed the house last spring. The bill asserts the Constitutional power of Congress over management and use of lands belonging to the United States by requiring the specific approval of Congress before any area within the U.S. is made a World Heritage Site or Biosphere Reserve. These international land reserves presently are created without any Congressional oversight. Key points are:
· By allowing these land use designations to continue, the U.S. may be indirectly agreeing to terms of international treaties, such as the Convention on Biological Diversity, to which the U.S. is not a party or which the U.S. Senate has refused to ratify;
· Although the United Nations has no direct input into land management decisions in Biosphere Reserves or World Heritage Sites, the United States is agreeing to manage the designated area in accordance with an underlying agreement which may have implications on private property outside the affected area;
· United Nations land-use designations have the effect of centralizing policy-making authority at Federal levels;
· Over 68% of the land in our National Parks, Preserves and Monuments are designated as a United Nations World Heritage Site, Biosphere Reserve or both. There are currently 20 World Heritage Sites including the Statue of Liberty and Independence Hall.
Action is needed NOW to Get This Legislation Passed
1. Write Fax, or Call both of your Senators and ask them to co-sponsor S. 2098
Kempthorne ESA Amendments Unveiled
Kempthorne secretly polling members
Kempthorne will be offering the following five ESA Amendments to the Interior Appropriations Bill this evening or early tomorrow. In usual fashion the amendments look good on the surface but are deadly to landowners. So far Kempthorne has failed to pass his ESA Reauthorization Act, (S1180) and is now attempting to piece meal it into the Appropriations Bill. The amendments authorize major portions of the Safe Harbor, Habitat Conservation Plans and No Surprise policies that Babbitt has been pushing for. The amendments lure states and local governments by offering federal money to help create these programs while landowners will be forced to give money, land or both to use their own property.
We have just learned that Kempthorne is desperately polling western Senators and Congressman to see if they will support his ESA amendments. Your calls are needed NOW to derail this last ditch effort.
Call your Senators immediately and tell them to oppose any attempt to amend the Interior Appropriations Bill with the ESA Amendments.
E-MAIL YOUR SENATORS AND CONGRESSMAN NOW
Kempthorne’s ESA Reform Amendments
as of 9/14/98
Candidate and Unlisted Species / HCPs
- prevents the Secretary, during HCP negotiations, from unilaterally mandating that an applicant include unlisted species (i.e., proposed species, candidate species, or other species that are not listed) in the HCP or permit application.
Restriction on the Use of Financial Assistance
- clarifies the limitation on financial assistance to assure that the voluntary measures for the benefit of the species in safe harbor agreements or recovery implementation agreements (e.g., enhancing recovery of the species beyond mere "avoidance of take") will be covered by the financial assistance provisions.
Technical Assistance for Development of HCPs
- broadens the technical assistance for states and landowners to all conservation plans, not just multi-species plans.
Peer Review / FACA
- assures that the independent reviewers of listings, etc., have all information submitted during the comment period on the proposed regulation and that the Secretary shall make this information available to the public on request. The reviewers are to consider all this material as well as any other relevant info.
Funding Authorizations
- provides $3 million annually "for the cost of the loans" for the Habitat Conservation Planning Loan Program for state and local governments. [The bill provides $10 million for FY 1998-2000 and $5 million for FY 2001-2002.]
The bill provides for the establishment of a Habitat Conservation Insurance Fund to pay for additional mitigation or land which the Secretary must provide because a "No Surprises" provision in an HCP prevents the Secretary from requiring the permittee to do so. Funding for this fund comes from a percentage (5%) of the annual appropriations for safe harbor financial assistance, the Habitat Conservation Planning Loan Program, and recovery implementation financial assistance.]
- replaces the appropriation for the Habitat Conservation Planning Loan Program with the appropriation for habitat reserve programs as a source of funds for the Habitat Conservation Insurance Program (the appropriations for financial assistance for safe harbor agreements and recovery implementation agreements remain as sources).
- if the Habitat Conservation Insurance Program exceeds $15 million (up from $10 million in the bill) at the end of any fiscal year, no funds will be made available from the designated programs in the subsequent fiscal year.