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Endangered Species Act

AFFECTS 447-MILLION-ACRE LEGACY OF STATE TRUST LANDS IN THE WEST

The Land Commissioners who participate in the Western States Land Commissioners Association administer the trust and other state-owned lands of 23 western states. Their responsibility includes more than 370 million acres of uplands and natural resources, as well as lands beneath navigable waters.

The Endangered Species Act directly affects the Commissioners' ability and flexibility in fulfilling their responsibility to manage the lands to provide revenue to the trusts and other benefits for the public. When Congress reviews possible changes to the Endangered Species Act (ESA), the Association urges the members to consider the following:

PROTECT THE TRUST LEGACY

Consider state trust fiduciary responsibilities in administering the Act.

PROTECT PROPERTY VALUES

Use exchanges, acquisitions, leases and easements (prior to designations of critical habitat or implementation of recovery plans) to lessen the impact on trust land values.

AVOID REGULATORY TAKINGS

Maximize the use of partnerships among all landowners in an ecosystem to cooperate in pre-listing agreements and Habitat Conservation Plans (HCPs) to avoid listings.

EXPAND STATES' ROLES

Given their experience in land management and widespread ownership patterns, consider offering a greater range of options for state roles, where applicable, including: consultation, collaborative rule-making, requiring justification if a federal agency disagrees with a state, state veto, or state assumption of administrative primacy for:

  • Listings, delistings, and pre-listing decisions and agreements.
  • Designations of critical habitat/ecosystems for cooperative management agreements.
  • Design and implementation of recovery plans.
  • Habitat Conservation Plans.
  • Implementation policies.

REDEFINE FEDERAL RESPONSIBILITIES

SUPPORT HEALTHY ECOSYSTEMS ON FEDERAL LANDS

Maintain a major role for the federal government in research, implementation of recovering actions, and in coordinating interstate and international efforts to protect work for recovery of endangered species. Conserve ecosystems critical to endangered species:

  • Incorporate ecosystem health in management plans and their implementation for current holdings.
  • Acquire habitat by purchase, exchange, or donation (Section 5 of ESA).
  • Acquire conservation easements.
  • Create cooperative agreements (Section 6 of ESA).
  • Emphasize ecosystem management for all land management agencies to cooperate at an early stage with all other land managers:
  • Maximize use of other land management authorities, including the national Forest Management Act and the Federal Land Policy and Management Act to protect species and critical habitats, before relying on the ESA.

ENCOURAGE COOPERATIVE AGREEMENTS AND HCPs

  • Support "no surprises" provisions so that parties to HCPs will not be subject to costly, increased land use restrictions if more conservation measures are needed.
  • Promote "safe harbor" provisions to encourage restoration of habitat for endangered species and current habitat for candidate species.
  • Encourage multi-species plans and pre-listing cooperative agreements.
  • Provide seed money and technical assistance for planning, implementation and monitoring.
  • Clarify requirements and streamline approval.

EMPHASIZE RECOVERY IN LISTING DECISIONS AND RECOVERY PLANS

  • Base listings on the best available scientific information.
  • Give priority treatment to creating multi-species recovery plans
  • Adopt recovery plans and "take" avoidance rules as early as possible.
  • Minimize economic impacts in recovery plans and designations of critical habitat.
  • Emphasize flexibility and voluntary incentive-based approaches in recovery plans for areas under pre-listing cooperative agreements.

PROVIDE FEDERAL ASSISTANCE/INCENTIVES

SUPPORT WORK WITH STATES

  • Conservation Reserve Program and the Wetlands Reserve Program.
  • Acquisition of interests in critical habitat through Lands and Water Conservation Fund or other fish and wildlife programs.
  • Forest Legacy.
  • Innovative land management programs sponsored by foundations associated with each of the major federal land management agencies.

PROVIDE TECHNICAL ASSISTANCE

  • Establish regional teams to facilitate HCPs, cooperative agreements and recovery plans.
  • Biological research within the U.S. Geological Survey.
  • Forest Stewardship and Stewardship Incentives Programs.

SUPPORT PUBLIC EDUCATION

  • Encourage outreach efforts by watershed councils, resource advisory councils, and soil and water conservation districts supporting best management practices.
  • Create grants to encourage educational programs, fellowships and research.

INCENTIVES TO LANDOWNERS AND LESSEES

  • Encourage conservation by landowners and lessees for costs associated with enhancing habitat through income tax credits and postponed estate taxes.
  • Create a fund to help support new forms of assistance.
  • Create grants to encourage participation in listings, monitoring and habitat management.

TRANSFERABLE INCIDENTAL TAKE RIGHTS

  • Create mitigation banks or projects to credit enhanced habitat to offset impacts of development.

For more information about any of the issues discussed here, please contact the Western States Land Commissioners Association. Addresses and phone numbers are available on the WSLCA Web Site.

WSLCA Web Site Address: www.wslca.org