Liberty
Matters Action Alert
September 28, 2005
Pombo's ESA Bill Scheduled for Floor Vote Thursday
Congressman Richard Pombo's Threatened and Endangered Species Recovery bill (HR 3824) is scheduled for a floor vote tomorrow, September 29. The mad dash to get this bill through the House, filed only nine days ago and marked up in committee two days later, is cause for concern.
If you have read this bill and found it difficult to understand, you are not alone. There are as many opinions on whether this bill is good or bad for landowners as there are attorneys. We've attached our analysis to help clarify some key issues.
We do not support reauthorizing the ESA. Yet, HR 3824 could determine our fate if it passes both houses. If this is the case, this bill should do more to protect private property rights. The constitutional right to own and use our land should be respected. This revision should make every effort to respect the rights of individual landowners.
HR 3824 does not make the Act a voluntary, incentive based law. If you have a threatened or endangered species on your land, this bill attempts to ease the burden landowners face under the current law. You will still be subject to the stringent command and control provisions of the law.
HR 3824 is expected to pass tomorrow. The deals have been cut. Congressman Pombo knows what will be added and what will be thrown out on the House floor. He has secured passage by assuring members this bill helps landowners. He is the key to the passage of this bill.
However, we must insist they strengthen the property rights provisions. There are three necessary changes that can be made on the House floor if Pombo supports them.
1) Prohibit 3rd Party Interventions: Environmental groups should not intervene in private negotiations between the government and the landowner over proposed uses or matters of compensation for not being able to use their land.
2) Landowners Should have a Choice: The type of agreement, such as a contract, lease or conservation easement a landowner has to sign in order to receive aid for not being able to use his land, should be the decision of the landowner, not the Secretary.
3) Final Agency Action Needs to be Defined: Pombo deliberately made it unclear when an agency action was final because he did not want this bill reviewed by the House Judiciary Committee. This needs to be fixed on the floor so landowners know when an issue is ripe and can challenge the government in court.
These issues only begin to scratch the surface. There are numerous problems with the current bill. But, if these changes are made it will strengthen a landowners ability to fight for their property rights. It is up to Congressman Pombo to ensure these are added. He controls the debate. If you agree, make two calls immediately and demand that your property rights be protected. Please call today.
1) Call Your Congressman: Demand they add these provisions if they support HR 3824. (switchboard 202-224-3121)
2) Call Congressman Pombo: Demand the same. (202-225-1947)
HR 3824 Bill Analysis
Click here to link toCommittee on Resources Website