HomeMy WebLinkAboutbocc.res.136.2005A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY COLORADO, OPPOSING H.R. 3824, THE THREATENED AND
ENDANGERED SPECIES RECOVERY ACT OF 2005
Resolution
Recitals
1. Since it was signed into law by President Nixon in 1973, the Endangered Species Act has
been a strong, science-based conservation statute designed to prevent extinction of species, in
part by protecting critical wildlife habitat.
2. H.R. 3824, known as the Threatened and Endangered Species Recovery Act of 2005
("TESRA"), has been introduced in Congress and has already passed in the House of
Representatives.
3. TESRA would:
a. eliminate critical habitat. Instead, "recovery plans" for species, including
designation of habitat, would have to be developed within two years. The recovery plans would
not have regulatory force and the habitat would not be protected from federal actions.
b. specify that landowners with development plans are due answers from the
Secretary of the Interior within a set time frame about whether the development would harm
protected species. If the government fails to respond in time, the development could go forward.
If the government blocks the development, the landowner would be paid the fair market value of
the proposed development.
c. give the Secretary of the Interior thejob of determining what constitutes
appropriate scientific data for decision-making under the law.
4. The Board of County Commissioners oppose TESRA because it;
a. eliminates the ability to designate critical habitat without any assurance that
critical habitat will be protected;
b. eliminates the ability for wildlife experts to determine whether federal agency
actions might jeopardize the continued existence of listed plants and animals;
c. limits the types of science that can be used to determine endangered species
recovery; and
d. requires payments to landowners for not violating the law, creating a
dangerous precedent and a financial windfall to developers, thus increasing federal spending at a
time when budget cuts are being considered to reduce an out-of-control budget deficit;
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Resolution No. }~2005. page 2 of 2
5. The Endangered Species Act has effectively protected endangered species, including the
Colorado greenback cutthroat trout, and TESRA would effectively gut the existing lasv.
6. While revisions based on the 30-plus years of experience under the Endangered Species
Act may be appropriate, TESRA goes too far in protecting people over animals.
7. Rather than allowing Congress to weaken the Act, steps can be taken to strengthen it
while advancing the recovery of endangered species and making the Act more landowner
friendly, including the following:
· Expand conservation incentives for landowners;
· Cut the red tape that keeps landowners from helping species;
· Reward states that proactively conserve species;
· Target existing resources toward recoverable species;
· Build ties between the United States Department of Agriculture and the United States
Fish and Wildlife Service(FWS); and
· Recognize the species that have recovered to demonstrate success.
Therefore, be it resolved by the Board of County Commissioners of Pitkin County, Colorado,
that the Board of Commissioners opposes TESRA, H.R. 3824, for the reasons stated above.
Staff is directed to send copies of this resolution to each member of Pitkin County's
Congressional Delegation, via facsimile, with an appropriate cover letter.
INTRODUCED, READ, AND ADOPTED ON THE 12th DAY OF OCTOBER, 2005.
ATTEST:
f~I1 ette Jones, De7
Clerk
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Patti Kay-Clapper, Chair
· y FleXOr Smith, 1Madager -
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