BOMA Position
The preservation of threatened species is a paramount responsibility for mankind; however, in attempting to preserve endangered species, society must strike a fair balance between wildlife and human interests.
The Endangered Species Act (ESA), though well intentioned, fails to effectively foster species conservation by focusing exclusively on animal and plant preservation without regard for the interests of affected communities and landowners. BOMA International believes reform of the Endangered Species Act is necessary to engender an environment where property owners willingly participate in the protection of endangered species.
Background
In 1973, to deal with declining numbers of animal species, Congress passed the Endangered Species Act. Two federal departments, Commerce and Interior, were charged with designating “endangered” species and establishing recovery strategies. ESA, for all of its successes, requires congressional improvement to better protect species and to lessen its impact on landowners. Affected citizens often note that listings occur without quantifiable scientific data and that communities are excluded from the listing process. Most tragically, ESA has undermined the rights of private property owners, as they often lose the ability to utilize their land if it is classified as a species’ habitat. While the Commerce and Interior Departments have both made needed administrative changes to the law, the Act must be legislatively reformed to lessen its impact and enhance its performance.
During the 109th Congress, the U.S. House of Representatives passed H.R. 3824, the Threatened and Endangered Species Recovery Act of 2005. BOMA International believes that H.R. 3824 brings common sense improvements to the ESA. The bill included provisions that would have eliminated the critical habitat provisions of the 1973 ESA, required criteria be set for what constitutes “best available scientific data,” and required agencies to publish a final recovery plan for species within three years of listing. Property owners would have been awarded “fair market value” if the Interior Department prohibited an activity in order to protect a species.
Action Requested
Commercial real estate professionals are asked to call their elected representatives to express support for legislation that reforms the Endangered Species Act to better balance human and environmental needs.