[Congressional Record (Bound Edition), Volume 145 (1999), Part 9]
[Extensions of Remarks]
[Page 13479]
[From the U.S. Government Publishing Office, www.gpo.gov]



                 CONCERNING THE ENDANGERED SPECIES ACT

                                 ______
                                 

                           HON. BOB SCHAFFER

                              of colorado

                    in the house of representatives

                        Wednesday, June 16, 1999

  Mr. SCHAFFER. Mr. Speaker, though derived of good intentions, the 
Federal Endangered Species Act has proven ineffective in achieving its 
desired objectives. Moreover, the law threatens the freedom and liberty 
of all Americans, but particularly rural Americans. As a Representative 
of the rural Fourth District of Colorado, I am grateful for the 
leadership of Colorado State Representative Steve Johnson, and Senator 
Mark Hillman upon passage of Colorado House Joint Resolution 99-1051.
  The findings and recommendations of the Colorado General Assembly, as 
outlined in this important Resolution are imperative suggestions for 
this Congress. Accordingly Mr. Speaker, I hereby submit for the Record 
the official position of the State of Colorado regarding amendment of 
the Federal ``Endangered Species Act of 1973.'' I furthermore urge my 
colleagues to act favorably upon the instructions offered by my Great 
State.

                     House Joint Resolution 99-1051

       By Representatives Johnson, Alexander, Grossman, McKay, 
     Miller, Smith; also Senators Hillman, Anderson, Congrove, 
     Dennis, Epps, Evans, Lamborn, Musgrave, Owen, Powers, Tebedo, 
     Teck.


 Concerning Amendment of the Federal ``Endangered Species Act of 1973''

       Whereas, The ``Endangered Species Act of 1973'' (ESA) needs 
     to be amended to encourage proactive species conservation 
     efforts at the state level rather than reactive, burdensome, 
     and costly efforts at the federal level; and
       Whereas, Merely listing a species as threatened or 
     endangered does little to conserve the species; and
       Whereas, Many state programs such as Colorado's nongame 
     program have been very successful in conserving species such 
     as the boreal toad without a federal listing; and
       Whereas, The ESA should provide incentives for states to 
     adopt proactive approaches to avoid the listing of species 
     under the ESA rather than penalizing such efforts; and
       Whereas, The ESA should be amended to provide that a 
     federal listing is not required where a state has already 
     adopted a program to protect the species unless it is 
     absolutely necessary to avoid nationwide extinction; and
       Whereas, If a state has an effective program to protect a 
     listed species in place, that program should be recognized as 
     a reasonable and prudent alternative under the ESA, thereby 
     providing a cost-effective means for species recovery, 
     maintaining state jurisdiction over land and water resources, 
     and allowing economic development to move forward, and
       Whereas, States should not be penalized for efforts to 
     enhance or establish populations of species by federal pre-
     emption once the species is listed, rather, such populations 
     should qualify as experimental under the ESA, thereby 
     maintaining control and regulation of the species by the 
     state; and
       Whereas, The ESA should not be applied retroactively, and 
     projects in existence prior to the passage of the ESA that 
     may come up for a federal permit or license renewal but do 
     not involve an expansion of the project or an increase in the 
     environmental impact of the project should not be subject to 
     consultation under Section 7 of the ESA; and
       Whereas, Federal implementation of the ESA to protect 
     aquatic species must consider state water rights, and any 
     recovery program should be structured to avoid or minimize 
     intrusion into state authority over water allocation and 
     administration; and
       Whereas, The administration's ``No Surprises'' policy 
     should be adopted as an amendment to the ESA so that permit 
     holders and landowners have some assurance that once ESA 
     requirements have been met, no further mitigation efforts 
     will be required; now, therefore,
       Be It Resolved by the House of Representatives of the 
     Sixty-second General Assembly of the State of Colorado, the 
     Senate concurring herein:
       That we, the members of the Sixty-second General Assembly, 
     urge Congress to adopt these amendments to the federal 
     ``Endangered Species Act of 1973''.
       Be it Further Resolved, That a copy of this resolution be 
     sent to the President of the United States, the President of 
     the United States Senate, the Speaker of the United States 
     House of Representatives, and each member of Colorado's 
     Congressional delegation.
     Russell George,
       Speaker of the House of Representatives.
     Judith M. Rodrigue,
       Chief Clerk of the House of Representatives.
     Ray Powers,
       President of the Senate.
     Patricia K. Dicks,
       Secretary of the Senate.

       

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