The Endangered Species Act (ESA) continues to be a constant threat to private property rights, economic stability, and public safety. Currently, two particular ESA situations are cause for concern.

The ESA is at odds with private property rights and prosperity when critical habitat is proposed. The Butte Environmental Council’s lawsuit against the U.S. Fish and Wildlife Service has forced a proposed designation of critical habitat for vernal pool shrimp. As a result, 1.7 million acres in 36 California counties are proposed as critical habitat for vernal shrimp and several other species of plants and animals. According to the California State Farm Bureau, the designation adversely impacts private property rights, particularly agricultural interests. Historic cultural activities such as plowing may be suspect in critical habitat areas. A simple ag activity such as plowing may require negotiations over whether the activity is allowed inside a critical habitat area. Such negotiations may delay plowing, planting, and other significant farm processes resulting in grave economic losses for agricultural operations.

The ESA and public safety are at odds in the Sacramento -San Joaquin River Basins Comprehensive Study (Comp Study), the California State Reclamation Board, and elderberry beetle habitat. The Comp Study, a cooperative effort between the Army Corps of Engineers and the State Reclamation Board, turns flood control into flood management and allows habitat creation in the flood zone. This approach increases the likelihood of catastrophic flood occurrences with the resulting loss of property and lives.

While the State Reclamation Board floats this concept, they argue to Fish and Wildlife that the creation of elderberry beetle habitat will interfere with the maintenance of levees. This is a position long held by Family Water Alliance and initially rejected by State Reclamation, particularly in connection with the Comp Study. The State Reclamation Board desires to be exempt from rules regarding the elderberry bushes that are habitat for elderberry beetles, while touting the Comp Study that opens the flood plain to further environmental tinkering. Yet, they fully expect the private citizen, be it farmer or a landowner, to conform to these regulations.

If the State Board of Reclamation has to work a deal to perform emergency flood work, what does that say about the likelihood of adequate flood control or the possibility of plowing in a critical habitat area?

Even with these black clouds looming over the agricultural community and rural areas, there are some reasons to be optimistic.

Representative Richard Pombo of California was recently selected to chair the powerful House Resource Committee that oversees many of the thorny issues confronting the western states not the least of which includes the impacts of the Endangered Species Act. Congressman Pombo has long been an advocate of bringing balance to the ESA and protecting private property rights. With Representative Pombo as chair of the Resource Committee, the west will have a champion with extensive knowledge of ESA problems.

Prior to his retirement from Congress, the outgoing House Resource Committee Chairman, Representative James V. Hansen filed a bill exempting military lands, private property, and all plant life from the ESA. Since no one can say it better than Mr. Hansen, we reprint in full his statement regarding his landmark bill.

"After working with this law during my 22 years in Congress, I’ve concluded it’s the most powerful law in the land. It can be used to thwart everything from the training of our fighter pilots to the farmer’s simple desire to plant a crop in his field so he can feed his family.

"Our founding fathers would be appalled. This government was founded on a few key concepts,

among them the need to provide a common defense and the protection of individual property rights. These days, ESA is tripping up even that. This legislation moves the federal government in the direction of working cooperatively with private landowners. Under current law, the only option to protect endangered species is legal confrontation.

"Congress crafted this law nearly 40 years ago to protect large species like the grizzly, wolf, and bald eagle from extinction. Frankly, the ESA hadn’t done a particularly good job of protecting anything but lawyer’s pocketbooks. Outlawing DDT did more for our wildlife than the ESA has done.

"Meanwhile roads have been stalled, homes lost, countless jobs forfeited and thousand of acres locked up because of this ham-fisted law. Republicans and Democrats have long recognized that something needs to be done to fix the Endangered Species Act. I’m just making it easy for everybody next year by dropping a bill now with the three simple changes that could fix this law.

"If we exempt private property, military lands and all plants from the ESA, we would, in short order, have a more prosperous and secure nation and still have a healthy and abundant wildlife. We would create thousands of jobs, jump-start our economy, free up our clogged court system, and still protect our wildlife.

"I’d wager my federal pension you could make these changes and the population of threatened and endangered species would remain the same. The number didn’t improve when we started stripping people of their rights. I doubt they’ll go down any once we restore those rights."

Three cheers for Mr. Hansen. It’s a shame that he’s retiring. Those interested in the changes advocated by Mr. Hansen should contact their representatives and voice support for his bill. Stand up now or sit later in a sea of insecurity and regulation.