As you no doubt know, there is currently an effort in Congress, spearheaded by
House Committee on Resources Chairman Richard Pombo, to amend and reauthorize
the Endangered Species Act (ESA) of 1973. However, when the Chairman addressed
the National ESA Reform Coalition (NESARC) meeting in DC last November, he was
reported to say he was going to fix the ESA, but could not guarantee any
protections for private property.
True to his word, The Endangered Species Reform Act (TESRA) 2005 is expected
to come out of committee the week of Sept. 19, be marked up quickly, and then
submitted to the full House for a vote. It's imperative you get involved in
this process. If the ESA is reauthorized, this may well be the last real
opportunity in most of our lifetimes to influence it's language and impacts on
everyday Americans, and our nation's economic and defensive health.
Chairman Pombo has long been an opponent of the ESA, primarily due to the
Act’s abject failure to protect and recover listed species (less than .1%),
and its draconian regulations that have all but destroyed our Nation’s
productive and extractive resource industries, such as logging, mining,
ranching and farming these past 30+ years. You can read his May report to the
HCR here
http://resourcescommittee.house.gov/issues/more/esa/implementationreport.htm
.
The ESA actually expired in 1992, but environmental advocates have so
effectively deceived and brainwashed the American populace, and deceived,
brainwashed and threatened Congress that they continue to pass annual funding
for what would be the most devastating and destructive piece of legislation
ever enacted in our nation, were it not for the Income Tax Act of 1913.
A well-funded industry campaign is afoot to sell the need to “update,
modernize, improve and strengthen” the ESA. But the ESA has been a lethal
poison to many, many landowners, robbing them of the use of their hard won
private property. It has restricted or denied the public's recreational access
to federal lands beyond anything that is reasonable, or otherwise lawful; it
has strangled many, many development projects, including schools, roads and
hospitals; and it has killed off entire rural, resource-based communities. Why
increase the dosage of a lethal poison, in the name of positive change? PFUSA
Grange has been working with grassroots groups across the nation to insure
what we end up with is good public policy; that there be NO REAUTHORIZATION
WITHOUT JUST COMPENSATION.
A staff draft of TESRA (posted by the Center for Biological Diversity
www.eswr.com/605/pombodraftbill.pdf
) was released to a select few this past June, scheduled to be released from
committee for consideration of the entire House last July. It was not released
to most, if not all, the leading property rights attorneys in the nation. It
was not released to well-known and respected advocacy groups for private
property rights and/or access to federal lands. In fact, if you have requested
a copy personally, as just another citizen, you would have been refused.
Many organizations and individuals that you've trusted in the past, hopefully
all well-meaning, pressed for blind trust of whatever final wording TESRA
contains, merely because Chairman Pombo is the author. This is foolishness,
and worse. No one should support any legislation solely because of its author,
but only after careful examination and consideration of its wording and
implications. The Law of Unintended Consequences is merciless.
Many of you have worked the issue of ESA reform, if not outright repeal, for
some time. Some of you joined me in DC last January when the ESA Coalition,
chaired by Chuck Cushman, met with HCR staffers and Chairman Pombo (via
interactive video) in Longworth. Some of you traveled to DC this summer to
show your support for ESA reform. Yet TESRA, as it existed at that time,
contained provisions that would have alarmed you; provisions that would not
“improve” or “reform” the ESA in positive ways as you might think. We
were asked to trust blindly, and some did. Here are some provisions I doubt
you would have supported had you been informed…
1) TESRA would relieve the government from paying just compensation (as
required by the Fifth Amendment to the U.S. Constitution) unless at least half
of your private property is taken. Could you survive the government taking
49.9% of your property without paying you one red cent? IMHO, this provision
alone requires a Constitutional Amendment, which can only be ratified through
convening a Constitutional Convention.
2) TESRA would establish Invasive Species regulations under the authority of
the ESA, defining “invasive” loosely enough to include you, me, the
livestock we raise, the feed we raise to feed the livestock, the food and
fibre we raise, and much (if not all) the landscaping around our homes. This
provision alone would drive the final nail in the coffin of all productive and
extractive natural resources, and could end all recreational use, whether on
federal, state, county or private lands.
3) TESRA would alarmingly increase the powers of the Secretary of the
Interior, giving him/her the discretion to treat ANY SPECIES as listed (as
threatened or endangered), whether or not they are. This provision would
eliminate all pretext of any scientific basis or justification for listing
species.
If you belong to an organization that has been blindly supporting TESRA,
perhaps it's time to re-think the way that organization conducts itself, or
re-think your membership.
Many of you received an invitation from Chuck Cushman to join him in DC this
coming week, to show your ongoing support for ESA reform. The copy I saw
stated he had invited the members of the ESA Coalition. I can tell you,
speaking for myself at least, that is not true. Chuck suspended emails to me
some months back, perhaps because I won't toe the party line, and blindly
support, and suggest others support, legislation I haven't read.
One paradoxical note - I've been told HCR staffers have called the signatories
of the Aug./Sept. letter to the Chairman to invite them to attend a
"Grassroots ESA Coalition" meeting arranged by Chuck next Monday
afternoon. Oddly, though, the HCR staffers did not call Tom DeWeese, Peyton
Knight, David Ridenour, Dan and Margaret Byfield, Rachel Thomas, and other
grassroots leaders who have stood in staunch opposition to nasty provisions
such as those above. This not only appears petty and childish, but begs the
question, "Why slap the faces of those who've worked so hard to produce
the political cover the Chairman has said he needs and wants to move as far
right as he'd like to?"
Some of you have told me you're worried Chairman Pombo has sold out to
environmental pressure groups, or is, and has been all along, a fraud merely
claiming to champion private property rights. I don't believe that is the
case. I have struggled mightily with some of the appearances of his effort.
But I've come to realize we must focus on the issue, the public policy being
produced, and set all personalities and perceived intentions aside. At the end
of the day, either any proposed reforms of the ESA are good public policy, and
amend nastiness out of the Act, or they do not. Nothing else matters.
This proposed legislation is still a work in progress. The text of the draft
released a couple of months has apparently changed, recently and
significantly. I doubt this would have occurred were it not for the persistent
and incisive opposition mounted by the signatories of the above attached
letters to Chairman Pombo.
The current working draft has not yet been released, although the CBD has
posted a "staff summary" (
http://www.biologicaldiversity.org/swcbd/press/pombo9-15-05.html
). We have, however, received several very hopeful bits of information.
We have now been told that Invasive Species is out, and a 100% compensation
for taking is in. We've been told Jim Burling, lead property rights attorney
for the Pacific Legal Foundation, has been invited to testify on TESRA. Jim
will not testify blindly, and he will not gloss over any remaining TESRA
shortcomings, at least as they relate to protection of private property. We've
been told the current draft will be released Monday, Sept. 19. PLEASE contact
Chairman Pombo (resources.committee@mail.house.gov or 1-202-225-2761) or any
member of the committee (
http://resourcescommittee.house.gov/fullcommittee/members.htm
) to receive a copy of TESRA for review.
America cannot much longer withstand the assault on the ESA, not only on
private property rights and recreational pursuits, but on the only true
wealth-creating ability our nation has, based in our natural resources. If the
ESA cannot be truly improved so it is no longer pointlessly destructive, then
it must be repealed.
TESRA should be sent to the full Committee very soon, where it will be marked
up prior to submission to the full House. The Committee needs your input
during mark-up, whether you support or oppose any portion of the bill. Please
take action today; time is very short. Distribute this article to as many
people as possible. We do not need the ESA working more mischief in our lives.
Once TESRA gets to the House, you must contact your Congressional
Representative (
http://www.house.gov/ or
1-202-224-3121) to tell them how to vote on this critical bill.
Thank you for your time and consideration.
Katherine Lehman, President
People for the USA Grange
P.O. Box 3574
Ashland, Oregon 97520
“No person shall be deprived of life, liberty or property, without due
process of law, nor shall private property be taken for public use without
just compensation.”
- Amendment V, United States Constitution
PROPERTY
RIGHTS FIRST.doc
June
ltr to Pombo re TESRA.doc
Aug-Sept
letter to Pombo re TESRA.doc
Permission to post from the author.
