News-Letter

The House of Represen
tatives voted last month
to amend the 1973 En-
dangered Species Act
(ESA). The "Threatened and Endangered Species Recovery Act (TESRA)" (H.R. 3824) included several key provisions that would ease the restrictions imposed by the ESA on land developers, farmers and homeowners.

The House bill passed on Sept. 30 by a vote of 229-193. The bill was introduced by Representative Richard Pombo (R-Ca.). Representative Pombo is known for his submission of a bill to lease 15 national parks for oil and coal development to offset the federal budget deficit.

The new legislation revoked restrictions on the use of pesticides over areas where species designated "endangered" were residing. The original act prohibited the spraying of pesticides if they were found to be potentially deadly to the threatened species.

TESRA aims to expedite development decisions by limiting the amount of time that a developer could be challenged to six months. The decision would be taken out of the hands of the United States Fish and Wildlife Service or the National Marine Fisheries Service and placed at the discretion of the Interior Secretary.

The Interior Secretary would be empowered to make a decision on whether or not the area under consideration for development held any "special value" to the endangered species, regardless of the source of data.

This provision amends the previous wording that required a decision be based on the "best available scientific data."

The ESA has historically protected endangered species by designating "critical habitats." These habitats were considered off-limits to developers and warranted special protections if located near an already developed area.

The TESRA would repeal the designation of "critical habitats" and refer to the former habitats as "areas of special value." Any species recovery plans for these "areas" would be optional and recommendatory.

The bill will require the government to provide homeowners and land developers the equivalent market value of the land if it chooses to impede development. Failure to reimburse the owners would eliminate all restrictions to development or hunting of endangered species.

Supporters of TESRA have applauded its capacity to provide further land development opportunities.

Critics of TESRA, dubbing it the "Extinction Bill," argue that the bill will destroy 30 years of progress in endangered species recovery, including the bald eagle, which was expected to be de-listed shortly. The bald eagle was originally listed after it suffered severe reproductive defects and poisoning from the pesticide DDT.

Removal of "critical habitat" effectively disables the ESA, reports a former Republican congressman who co-wrote the original act.

The ESA was enacted in 1973 and provides protection to 1,860 rare animal and plant species. Over the last 32 years, 31 species have been de-listed after recovering or improving significantly. Nine have gone extinct.

TESRA is now awaiting debate and a vote in the Senate. House amendments to the bill were narrowly defeated before it passed in the House.

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