Builders Endorse House Endangered Species Reforms

Legislation approved last Friday by the House Resources Committee on a bipartisan vote of 26-12 that would improve and update the Endangered Species Act (ESA) has received the endorsement of the nation's home builders.

H.R. 3824, the Threatened and Endangered Species Recovery Act of 2005 (TESRA), “represents an important step in moving ESA reform forward,” said NAHB President David Wilson. “Eliminating the outdated and litigation-driven critical habitat provisions from the statute would help protect, conserve and recover species while balancing the needs of the communities in which we live and work.”

“NAHB applauds the efforts of House Resources Committee Chairman Richard Pombo  (R-Calif.) and Dennis Cardoza  (D-Calif.) for working in a bipartisan manner to move this legislation forward,” he added.

The Endangered Species Act was passed by Congress in 1973 with the intent to protect and preserve species that have been identified as threatened or endangered. Since then, more than 1,250 domestic species have been listed for protection; however, the populations of  less than 1% have recovered to healthy levels.

“Clearly, the ESA has fallen short of its goals,” said Wilson. “By codifying the ‘no surprises' policy for habitat conservation plans, H.R. 3824 would provide private property owners, state and local governments and community organizations the necessary regulatory certainty to continue their species and conservation efforts.”

Habitat conservation plans are voluntary agreements between landowners and the federal government that seek to minimize and mitigate the impact of land development activities on threatened or endangered species.

Some of NAHB's concerns with the bill were addressed during the Resources Committee markup. Opposed by NAHB, an amendment to strike language to ensure that recovery plans remain guidance documents was defeated.

Private property compensation provisions in the bill were strengthened significantly during committee consideration, and an NAHB-supported amendment to ensure that local and regional land use agencies are consulted when the federal government develops recovery plans was overwhelmingly approved.

The bill contains several other reform measures, including standardizing the listing process and strengthening the biological and scientific data required to substantiate decisions made under the act. As the legislation advances, NAHB looks forward to working with its sponsors to make further improvements.

“Chairman Pombo has taken a common-sense approach that provides for species conservation and protection while accommodating the needs of the communities and states where they reside,” said Wilson. “We urge the full House to approve this measure quickly, and for the Senate to introduce companion legislation.”

To read the legislation, click here  and enter H.R. 3824 in the box at the upper left. For more information, e-mail Michael Strauss  at NAHB, or call him at 800-368-5242 x8252.