Senator Kempthorne introduces bipartisan endangered species legislation

Capping off nearly three years of work with NACo and many other interest groups, Sen. Dirk Kempthorne (R-Idaho) has introduced legislation to improve and update the Endangered Species Act (ESA). His bill, H.R. 1180, the Endangered Species Recovery Act of 1997, is a bipartisan effort to address the reauthorization of the ESA.

The measure focuses on preserving species and protecting communities, a dual emphasis now missing in current law. Senators John Chafee (R-R.I.), Max Baucus (D-Mont.) and Harry Reid (D-Nev.) cosponsored the legislation. "We are completely changing the dynamics of the ESA, by making it work better and smarter so that we recover species without putting entire communities at risk," Kempthorne said.

Early in the development process, NACo provided a legislative blueprint to Kempthorne that outlined the needs of local government and the communities it represents. Many of the concepts have been included in H.R.1180. Kempthorne said, "We've been innovative, used incentives and formed partnerships to enhance recovery of endangered species Americans want to protect their environment - we're all for the environment. But we're going to turn adversaries into advocates and enlist more Americans in the effort to save declining species."

Hearings and a brief markup were held in late September, and the bill may be considered in the Senate in the next few weeks. The chance of passage is good.

In an important development, the Administration has endorsed the legislation. The Director of the U.S. Fish and Wildlife Service, Jamie Rappaport Clark, made the announcement after the Senate Environment and Public Works Committee adopted a series of minor amendments requested by the Administration.

The environmental community has endorsed a much different proposal introduced by Rep. George Miller (D-Calif.) that would build upon the existing ESA and attempt to strengthen protections for threatened and endangered species.

The Republican leadership of the House Committee on Resources is unlikely to consider Miller's approach. They have introduced legislation that would reduce the burdens of the existing ESA on land owners and industry. Prospects for passage of the Republican alternative in the House are uncertain.

NACo will continue to work with Kempthorne and his colleagues as the bill is considered in the Senate to assure county interests are taken into account.