[Congressional Record Volume 144, Number 120 (Friday, September 11, 1998)]
[Extensions of Remarks]
[Page E1697]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page E1697]]



                     ENDANGERED SPECIES ACT REFORM

                                 ______
                                 

                         HON. WILLIAM M. THOMAS

                             of california

                    in the house of representatives

                       Friday, September 11, 1998

  Mr. THOMAS. Mr. Speaker, I rise today to introduce three bills which 
will reform the Endangered Species Act and restore sensibility and 
reasonableness to a system that has run amok. Each bill is targeted 
toward narrow problems of the Endangered Species Act.
  The Fair Process Reform bill will ensure open and equal access to 
information relied upon by Federal agencies when making decisions on 
endangered species. Perhaps the single worst complaint I have heard 
about the current Federal system is that the people who are directly 
affected by government decisions and bear the burden and cost of 
compliance are left out of the decision process. From their point of 
view it is ``taxation without representation''. Landowners are now 
stuck with paying the cost of preserving species; yet, they do not have 
access to the same information held by the Federal government and their 
input is ignored.
  My bill includes provisions for an open access to the public for 
scientific studies and underlying study data. It also replaces the 
secret listing process with an open hearing so landowners can 
participate in the decision making process, and landowner 
representatives can cross-examine agency personnel and experts. My bill 
also includes provisions to improve the scientific basis of government 
decisions such as a minimal information requirements for petitioners, 
peer review of multiple scientific studies used to support listing or 
government action, and economic impact analysis of its actions required 
for listings.
  The Fair Land Management Reform bill will ensure that the government 
pays for obligations it imposes on landowners. This bill includes a 
provision to compensate landowners for significant government takings. 
Rural landowners like farmers bear most of the burden for protecting 
species that society wants to protect; yet, these landowners are the 
least able to bear that burden. It has become too easy for so-called 
environmentalists to make ``someone else pay'' for environmental 
causes. It's time for society to step up and pay for environmental 
causes. It's time for society to step up and pay for what it wants.
  I also include a provision that limits the mitigation requirements 
that can be imposed by government. Without proof of any actual species 
on the land, the Federal government can and does routinely require a 
landowner to ``mitigate'' for land use by purchasing other land to 
relocate or otherwise create habitat for species. Often, several acres 
of land must be bought for every one acre a landowner wants to use. It 
doesn't stop there. A landowner must often manage the new ``biology 
project'' for the government by putting up fences and hiring biologists 
for years to look after the habitat. My bill would limit how much 
mitigation the government can require.
  The Liability Reform bill will stop unfair government penalties 
against landowners. Rural landowners are frustrated enough at having 
their lands confiscated for government use. it adds insult to injury 
when no species are even on the land, yet the government continues to 
impose these onerous burdens and even the threat of penalties of 
landowners. Criminal and civil penalties should be limited to actual 
and intentional takings of an endangered species, not accidental or 
hypothetical ones. Moreover, if the government knows of a violation 
occurring, it should warn landowners and give the opportunity to 
correct the violation through mitigation or repair. My bill includes 
provisions to do this. My bill also includes ``Safe harbor'' and ``No 
surprises'' provisions to end the string of broken promises and added 
obligations put on landowners by the government.
  The Endangered Species Act needs to be reformed now. My bills are a 
fair and balanced response to the tragic failures of the current 
system. I look forward to presenting my bills at House hearings and 
rapid passage of these bills.

                          ____________________