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<br />e <br /> <br />. <br /> <br />. <br /> <br />002291 <br /> <br />. <br /> <br />. <br /> <br />:03-273-3413 ESEE I:Sr1 <br /> <br />781 P14 <br /> <br />MAR 31 '?2 10:55 <br /> <br />SUMMARY <br /> <br />The Bad News is: <br /> <br />· Imoact of Act beinG extended. The impact of the Endangered Species AC1. is <br />being extended to regulations promulgated by the Environmental Protection <br />Agency, <br />· Biodiversitv bills introduced. Bills promoting biodiversitY. if passed, will add one <br />more layer to the environmental laws stopping development or human activitY <br />(other than hiking and camping) on federal lands and, it must be remembered. <br />that the Federal government owns nearty 40 percent of the land in the country. <br />If its use is withdrawn from the national economy, there will be a severe <br />negative impact. <br />. Judoes now manaoino land. So many Federal land management actions are being <br />challenged in the COurts that the judiciary is now managing the land. Many of <br />these court challenges are brought on behalf of the Endangered Species -Act. <br /> <br />The Good News is: <br /> <br />· Private Prooertv Act oasses Senate. The Private Property Rights Act, if passed, <br />would mitigate one of the negative impacts of the Endangered Species Act. <br />According to the Forbes article, ~the Senate bill has some professional <br />environmentslists up in srms. If each of their efforts to protect 'biodiversity' <br />csrries a price tsg, the terms of the debate shift in ways they do not like. It will <br />no longer be: Should we protect the spotted owl? It becomes: How much as we <br />willing to spend to protect the spotted owl?" Note: The bill passed by nine votes; <br />17 Democrats teamed with 38 Republicans to "hand environmental extremists <br />the biggest legislative defeat in their history, " the article says. <br /> <br />This indicates a pOsitive change in Congressional thinking - at least in the <br />Senate. <br /> <br />. Conaress has affirmed oublic oarticioation in technical decision-makino. A major <br />provision of the Superfund Act mandates, during the process of determining the <br />best cleanup methods for Superfund sites. that very specific activities be <br />implemented to involve the public in hearings, comments and other participatory <br />methods. EPA, the responSible agency, must provide a written record of its <br />"CommunitY Relations Program" for each site and, when the agency files its <br />recommended technical method for cleaning up tha site, a concurrant document <br />lists all concerns of local citizens, how they were addressed and, if specific <br />concerns were not addressed in the selected method, the agency must explain <br />why they were not considered. <br /> <br />This Congressional precedent shows a faith in the American people to contribute <br />intelligem recommendations for technical (scientific) decisions and faith in the <br />ability of an agency to explain complex issues to the public. <br /> <br />-12- <br /> <br />4/92 <br />