Our Klamath Basin
Upholding rural Americans' rights to grow food,
own property, and caretake our wildlife and natural resources.
House Resource Committee PRESS RELEASE
Protect the Improvements to the ESA Made by H.R.
Vote NO on the Miller/Boehlert Substitute to H.R.
won't give private property owners an honest
answer. Under Miller/Boehlert
private property owners can't get a straight
answer whether use of their property would violate
the ESA. All property owners can find out is if
they need to be in a Habitat Conservation Plan.
Under H.R. 3824, private property owners can
request a written determination from the Secretary
whether use of their property would violate the
ESA and get a straight "yes" or "no" answer.
sticks private property owners with the bill.
When a farmer loses land for a
highway he's compensated, but if he can't use part
of his farm because of the ESA he's left to bear
the burden alone. Miller/Boehlert does nothing to
protect the small property owners from losing the
value of their property.
Under H.R. 3824 when a private property owner gets
a written determination that using his property
would violate the law, the property owner becomes
eligible for compensation for the fair market
value that he's lost. And the Congressional Budget
Office has scored this at "likely less than $10
million" over the next five years.
dysfunctional critical habitat with something
for recovery." Miller/Boehlert
allows a "recovery team" to designate any private
and publicly owned land and water "necessary" to
recover species. While "publicly owned" land
would be the first target, this definition allows
inclusion of any and all land. In any
consultation under the ESA the Secretary has to
consider the effects of an action on this land and
do so under the stifling Miller/Boehlert jeopardy
H.R. 3824 eliminates the critical habitat
provisions that Republican and Democratic
Administrations and the Secretary of Interior have
said provides little value for conservation,
wastes money and cause conflict.
removes critical incentives programs.
Miller/Boehlert offers only a single "voluntary"
program for landowners. At best it offers 70% of
the costs for a private property owner to
implement a "management plan." No matter what the
terms, a property owner can't break even.
Miller/Boehlert does not offer any of H.R. 3824's
H.R. 3824 creates several new tools - contracts,
agreements and grants - to provide incentives for
conserving endangered species.
strangling new standard for jeopardy.
Miller/Boehlert would redefine jeopardy from a
review of the impacts on the species and the
ability to conserve that species to a test whether
an agency act increases risks, results in delays
or increases costs of conservation efforts.
HR: 3824 keeps the jeopardy bar where it is, not
introducing more litigation and conflict.
science based decision-making by
enshrining process over substance.
Miller/Boehlert doesn't require determinations as
to what data meets the standard for best available
scientific data, doesn't apply existing federal
guidance on data quality and will not ensure the
gathering of empirical data or the use of peer
review when data is insufficient.
H.R. 3824 requires guidelines that comply with
federal data quality standards and requires the
Secretary to take steps to correct insufficient
data, like gathering new empirical data and
conducting peer reviews.
fails to make necessary improvements to the ESA
consultation process. ESA
consultations are rife with uncertainty given
unpredictable interpretations of the scope of
actions to be reviewed and the mitigation
necessary. Miller/Boehlert does nothing to
significantly improve this situation.
HR 3824 will clarify the environmental baseline to
be reviewed as part of the consultation process,
require that mitigation be roughly proportional to
the identified impacts and grant additional
flexibility to identify alternative (but equally
protective) consultation procedures.
Miller/Boehlert removes those critical
improvements, leaving us with the flawed ESA
consultation process that exists today.
keeps old and
adds new bureaucracies.
Miller/Boehlert keeps the cumbersome, expensive
and rarely used "God squad" and adds another
bureaucratic scientific panel all paid at the top
of the government scale.
HR 3824 eliminates the "God Squad" and doesn't add
Thursday May 07, 2009 09:15 AM Pacific
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