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Malcolm Maclachlan
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Tracy Press
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July 9, 2005.
A version of a proposed change to the
Endangered Species Act pushed by Rep. Richard Pombo, R-Tracy,
contains a sunset clause that would end the landmark
environmental law in 10 years.
While such clauses are common in many
Congressional bills, environmental groups have called this
clause an attempt to repeal the act.
Brian Kennedy, press secretary on Pombo’s
staff at the House Resources Committee, said that the 73-page
“Threatened and Endangered Species Recovery Act of 2005”
came out of their office. He said that a version of the
document circulated by environmental groups is a month-old
draft that both parties have debated within the committee.
Page 70 of the document contains a line that
says, “All provisions of this Act shall cease to have any
force and effect on October 1, 2015.”
“We can’t comment on the bill because we
haven’t read it, and Chairman Pombo’s spokesman has said
that this bill is not necessarily the legislation that will be
introduced,” said Glen Loveland, press secretary for Rep.
Tom Udall, D-N.M., who sits on the Resources Committee.
Such sunset clauses are a common feature of
many bills, Kennedy said. He noted that the act has not been
reauthorized in well over a decade.
“It lives on through the appropriations
process,” Kennedy said. “The only real debate on the
Endangered Species Act is how much money.”
According to Jamie Clark, executive vice
president of Defenders of Wildlife, Republicans’ past
successes in preventing reauthorization of the act shows that
they plan to repeal it.
“Where is the incentive to negotiate if all
you have to do is stall until 2015?” she said.
The act was last reauthorized in 1988, Clark
said, and it was scheduled to be reauthorized again in 1992
but has been repeatedly blocked by Republicans. Clark said
that as a former director of the Fish and Wildlife Department
who has testified before Pombo on multiple occasions, she has
had a ringside seat for what she calls his “obstructions.”
Clark said that the popularity of the Act —
recent polls have shown that more than 80 percent of the
public supports the bill, she said — have made it difficult
for Republicans to fight for an outright repeal. Instead, she
said, they plan to let gridlock do the job for them.
The clause is written in such a way that an
expiration of the act would undo all the work that came
before, according to Kieran Suckling of the Center of
Biological Diversity, a frequent and vehement opponent of
Pombo.
“All past protections and agreements will be
null and void,” Suckling said. “It’s pretty extreme.”
Defenders of Wildlife, the Center for
Biological Diversity and other groups have issued press
releases that criticize changes to the law.
Opponents charge that Pombo’s draft bill
would hamstring scientists, bury Fish and Wildlife staff in
paperwork and provide massive loopholes for oil, gas and
mining industries. They also say it could create a new
entitlement program that would divert conservation funds to
landowners, some of whom may have been only slightly affected
by having wildlife on their property.
Property-rights groups, which have shown some
skepticism towards Pombo’s recent efforts on the act, have
responded with a good deal more enthusiasm.
In fact, a group of them are meeting in
Washington from July 18 to 22, in a series of events designed
to coincide with hearings and debate about the bill.
Chuck Cushman, executive director of the
American Land Rights Association, said that the bill doesn’t
have everything in it he would like to see. But, unlike some
purists in the property-rights movement, he said he is willing
to take some progress over no progress. He applauded the
efforts to compensate landowners and place more oversight on
enforcement of the act.
“My work is saving landowners from the
government,” Cushman said. “Think if Schindler had
decided, ‘I can’t save all of the Jews, so let’s not
save any of them.’”