'Critical Habitat' About to Go on Endangered List

The House of Representatives is expected to approve a sweeping overhaul of the Endangered Species Act on Thursday that would curtail protection of wildlife habitat and require the federal government to compensate developers and others whose land use is restricted by the act.

The legislation has been put on a fast track by its chief sponsor, Rep. Richard W. Pombo (R-Tracy), who has long argued that the 1973 law is unfair to property owners and ineffective at saving species.

Critics of the bill say it would disable one of the nation's most important environmental laws, and by weakening habitat protection, erase the benefits to humans derived from landscapes that sustain plants and animals.

FOR THE RECORD

Endangered Species Act -- An article in Wednesday's Section A about legislation to revise the Endangered Species Act incorrectly said Rep. Richard W. Pombo (R-Tracy) proposed selling 15 national park units to help offset the federal budget deficit. The House Resources Committee, which Pombo chairs, is considering a list of budgetary actions that includes selling off the park units.


"Critical habitat is 86'd," acknowledged Pombo spokesman Brian Kennedy, referring to the existing requirements for tracts of land where imperiled species can remain unmolested.

The legislation is likely to face stiffer opposition in the Senate, where Rhode Island Republican Lincoln Chafee, who heads a key environment subcommittee, has indicated his displeasure with elements of Pombo's bill, particularly its elimination of critical habitat.

"If you gut the habitat, you're really gutting the act," Chafee said. "This is a critical part of any recovery. Habitat is absolutely essential to any species."

Chafee said his subcommittee on Fisheries, Wildlife and Water would consider its own revisions to the act but probably not until next year.

Pombo's bill, which has some Democratic support in the House, would also require the federal government to compensate a developer or property owner if land use is restricted as a result of the act.

Moreover, the bill is designed to expedite development decisions by giving federal officials a six-month deadline to determine whether a proposed project would harm a species protected under the act.

The bill would eliminate the requirement for an independent group of scientists to arbitrate endangered species disputes and put the secretary of Interior in charge of determining the "best available science" regarding protected species.

One controversial amendment, by Rep. Greg Walden (R-Oregon), would exempt the use of pesticides from regulation under the Endangered Species Act for five years. The amendment removes the requirement limiting the use of a pesticide known to kill an endangered species.

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