Lucas Votes to Overhaul Endangered Species Act

LUCAS VOTES TO OVERHAUL ENDANGERED SPECIES ACT
September 29, 2005

Bill Eliminates 'Critical Habitat' Designation Plaguing Landowners

Washington, D.C. - U.S. Third District Congressman Frank Lucas voted today to overhaul the burdensome and ineffective Endangered Species Act, and eliminate the "critical habitat" designation aspect of the law that has led to confusion, litigation, and undue burdens to landowners.

"Since its inception 33-years ago, the Endangered Species Act has been very ineffective in actually doing what it set out to do - to save endangered species," Lucas said. "Meanwhile, it has managed to put undue burdens on landowners and others in trying to achieve its goals."

The Endangered Species Act has achieved a less-than 1 percent success rate for species recovery in its 33-year history. And the designation of critical habitat is perhaps the most problematic aspect of current law.

"These critical habitat designations don't do anything to protect the species, they use massive amounts of the agency's resources, and they cause conflicts and litigation with communities that fall victim to the designations," Lucas said.

Lucas and his constituents have been in an ongoing debate over a critical habitat designation affecting Oklahoma landowners for the Arkansas River Shiner, a two-inch long minnow that inhabits river beds in the Midwest. The designated areas include 300 feet on either side of more than 1,100 miles of rivers in four states, including Oklahoma.

"If that bait fish case taught me anything, it was that the Endangered Species Act is in serious need of updating," Lucas said.

To address these problems, the House passed H.R. 3824, the Threatened and Endangered Species Recovery Act. Instead of Critical Habitat designations, the new law would protect habitats through Recovery Plans, which would be reviewed regularly to make sure they are as effective as possible. The plans will require the identification of lands important to the conservation and recovery of species.

The bill provides for each species a recovery team, which will include not only those who have knowledge and skills on the species conservation efforts, but also those who have property or livelihoods affected by the species. This will foster collaborative rather than confrontational efforts.

The bill will also enlist private property owners as allies in endangered species conservation by providing incentives to manage lands, with priority given to those lands identified in recovery plans as being of special value to species.

The U.S. House passed the Threatened and Endangered Species Recovery Act today by a vote of 229 to 193. It will go next to the Senate for approval.

http://www.house.gov/apps/list/press/ok03_lucas/esaoverhaul.html