Species Act Rewrite Unlikely
This Late In Congress’ Term

WASHINGTON —(AP)— Lawmakers trying to overhaul the Endangered Species Act, led by Republican Sen. Dirk Kempthorne of Idaho, face too many political obstacles in limited time to succeed, say congressional staffers and observers.

"I wouldn't declare it dead yet, but it's in a coma," said Heather Weiner of the Earthjustice Legal Defense Fund.

That means the environmental law, which marks its 25th anniversary this year, probably will remain as it has been since 1992, financed year by year as disputes over its provisions are fought in court and in piecemeal legislation.

While both industry and environmental activist groups support revisions, they want different things. And they believe the opportunity for change has passed, probably for several years.

Industry and property-rights groups want increased incentives and protections for property owners.

Environmental activists claim they want development to be consistent with helping endangered species recover, not just staving off extinction.

This was expected to be the Congress that would agree on a rewrite.

The leading proposal came from a team of senators led by Kempthorne and Senate Environment Chairman John Chafee, R-R.I. They were joined by Democrats Max Baucus of Montana and Harry Reid of Nevada.

Their proposal would permit states to manage recovery of endangered species. In April 1997, federal officials reached an agreement to let Oregon administer a program to protect coastal coho salmon, avoiding the listing of the fish as an endangered species. But environmental groups have challenged that arrangement in court. Similar attempts have been made in Idaho for bull trout and in Montana.

The proposal also includes Interior Secretary Bruce Babbitt's "no surprises" policy, which allows landowners to promise to take steps to preserve endangered species and be protected from future enforcement actions.

Chafee's committee approved the bill last month. But nothing more has happened.

Amid a dispute about how to finance the measure, plus demands for changes by Senate Republican Leader Trent Lott of Mississippi and environmental opposition, it never reached the Senate floor for a vote although negotiations continue.

And beyond that problem, time and politics make House approval of similar legislation difficult.

"It's going to be a struggle, the longer it takes to get this to the (Senate) floor, no question about it," Kempthorne spokesman Mark Snider said. "But no one's given it its last rites yet."

As the November elections nears, congressional leaders will grow less interested in holding a vote that could lead to some members being labeled anti-environment by opponents.

Jim Geisinger, president of the Northwest Forestry Association, thinks the Kempthorne-Chafee legislation has little chance of making it into law because of the same political problems in the House that thwarted a forest management bill written by Republican Rep. Bob Smith of Oregon.

Despite several compromises in the Smith legislation, the House voted it down 201-181 with 51 Republicans opposed.

"It was a very thoughtful, very moderate improvement on existing law, and it's unfortunate that the politics got in the way," Geisinger said.