Congressman Dennis Cardoza
18th Congressional District of California

“I co-sponsored the Endangered Species Recovery Act because I believe the ESA should be enhanced and refocused on its original goal - species recovery,” said Cardoza.  “Since the enactment of the ESA over 30 years ago, it has been diverted from that goal, and is increasingly driven by litigation, not science.  I am confident that this bill will strengthen the ability of ESA to recover species, while reducing the burden on local economies and landowners.”

Due primarily to budget shortfalls, the U.S. Fish and Wildlife Service has been unable to comply with mandated deadlines imposed by the ESA for completing “critical habitat” designations.  In response, private litigants have repeatedly sued the Service because it has failed to meet these deadlines.  These lawsuits have then subjected the Service to an increasing series of court orders and court-approved settlement agreements.

Compliance with these court actions now consumes nearly the entire listing program budget. This situation leaves the Service with little ability to prioritize its activities or to direct scarce listing resources to program actions most urgently needed to conserve species.

TESRA would address the deficiencies of the ESA by: providing for the use of best available scientific date in all decisions; replacing the critical habitat program with a more integrated recovery planning process; engaging state and local officials in species recovery; establishing new incentives for voluntary conservation; and compensating property owners for “taken” property.

The New Bill Updates and Improves the Endangered Species Act By:

·        Requiring a Recovery Plan. The bill proposes a new process that requires the creation of a detailed recovery plan within two years of a species being listed. This recovery plan must outline specific measures necessary to bring a species back from the brink of extinction.  This is an improvement over current law, which does not mandate recovery plans. Currently,  the Service is in court fighting deadlines, meaning that most species remain on the “list” without clearly defined recovery goals

·        Establishing “Recovery Habitat”. TESRA replaces the failed “Critical Habitat” system with stronger guidelines that will protect habitat needed for the recovery of a species. The U.S. Fish and Wildlife Service has stated that the current system of critical habitat does not contribute to species recovery.

·        Engaging State and Local Officials in Species Recovery. Under the current system, the federal government places a low priority on seeking input from local and state officials on implementing the ESA and establishing protected habitat. The new process would ensure that a Governor and responsible State agencies, county, and local governments are provided full notice and opportunity to comment on ESA decisions affecting their States and regions.

·        Establishing New Incentives for Voluntary Conservation. TESRA sets up Recovery Agreements which allow landowners to enter into species recovery agreements for terms of no less than five years to carry out activities that protect and restore habitat for covered species and contribute to the recovery of listed species. The bill would also establish a conservation grants program to promote voluntary conservation of listed species on private property and to provide financial compensation to alleviate the burden of conservation measures imposed upon private property owners.

·        Compensating Property Owners for “Taken” Property. TESRA would require compensation to private property owners for the fair market value of land loss of use or foregone use of their property where the Secretary has determined that the use of that property would constitute a “take” under Section 9 and the activity is not otherwise determined a “nuisance” under principles of property and nuisance law.

For More information on TESRA, go to:

http://resourcescommittee.house.gov/

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