[Congressional Record Volume 143, Number 82 (Thursday, June 12, 1997)]
[Senate]
[Page S5620]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KEMPTHORNE:
  S. 901. A bill to provide Federal tax incentives to owners of 
environmentally sensitive lands to enter into conservation easements 
for the protection of habitat; to amend the Internal Revenue Code of 
1986 to allow a deduction from the gross estate of a decedent in an 
amount equal to the value of real property subject to an endangered 
species conservation agreement; and for other purposes; to the 
Committee on Finance.


     THE ENDANGERED SPECIES CONSERVATION TAX INCENTIVES ACT OF 1997

  Mr. KEMPTHORNE. Mr. President, I am introducing today legislation 
which is intended to provide tax incentives for private property owners 
who wish to participate in the conservation of land for the 
preservation of endangered, threatened and other species.
  For too long the Federal Government has used its enforcement 
procedures and its regulatory authority to dictate conservation in aid 
of endangered and threatened species. This method has failed to produce 
the kind of results we want. The Endangered Species Act as currently 
written is almost all stick and no carrot. I would like to begin to 
change that today.
  For 18 months I have worked on a bill to reauthorize the Endangered 
Species Act. Currently, I am in negotiations with the Democrats and the 
Administration on a bill that will provide a variety of incentives to 
property owners to preserve habitat through conservation agreements and 
plans, prelisting agreements and other preservation tools.
  I also have a number of ideas on how to provide tax incentives to 
private property owners to preserve habitat. Because of the opportunity 
presented by the budget reconciliation bill, I have suggested to the 
Finance Committee three of the many options I will later propose in a 
companion bill to the ESA reauthorization. Those three options are 
included in the legislation that we are introducing today.
  Let me emphasize that inclusion of these new tax incentives will 
truly benefit both species and people. I've met with many property 
owners who have said, ``we would be happy to step forward and preserve 
habitat for species and we would grant a conservation easement if there 
was an incentive.'' Well with adoption of the ideas included in this 
bill there will be.
  I have had critics that have said that we should not provide these 
kinds of incentives to private property owners because we'll have too 
many people coming forward and saying, ``I have an endangered species 
on my land.'' What is wrong with that? To my mind, that would be a 
welcome reversal from the current prevailing attitude that some have 
about the presence of an endangered species on their property. Right 
now you have a situation that some land owners believe that if they do 
have an endangered species, or if it is suggested that they might, 
they're just as likely to try to remove the habitat to avoid a problem 
down the road. We need to change that attitude if we're going to 
recover endangered species.
  We are currently at the crossroads of two systems. One where you have 
government overregulation that tells people what they can and cannot do 
on their land, and the other a system that encourages property owners 
to step forward and do something good for species because it's good for 
you too.
  We can depend on our property owners to do what's right and what's 
good for species. I know that our farmers and ranchers know how to be 
innovative and creative. They know how to help species. And they know 
how to manage land.
  The right system is one where we encourage active involvement of 
landowners through incentives. Certainly, I know that if I were an 
endangered species, I would much rather have a friendly and willing 
landlord--one that viewed me as an asset--than a reluctant one who 
viewed me as a threat and a liability because of some bureaucrats and 
regulations handed down from Washington, DC.
  That's what this legislation will do. It's going to make the people 
active partners.
  Later, when I introduce bipartisan legislation to reauthorize the 
Endangered Species Act I will also introduce a companion bill with 
additional new ideas to promote conservation through incentives. But as 
you know Mr. President, the key to legislating is idea and opportunity. 
We should take advantage of the opportunities presented by the budget 
reconciliation bill to help both private property owners and our 
endangered and threatened species. We can do both.
                                 ______