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WSP01980
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Last modified
1/26/2010 12:33:43 PM
Creation date
10/11/2006 10:47:27 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8065
Description
Section D General Statewide Issues - Endangered Species Act - Fisheries
State
CO
Basin
Statewide
Date
3/31/1992
Author
National Public Proj
Title
National Public Projects Coalition - A White Paper - Endangered Species Act of 1973
Water Supply Pro - Doc Type
Report/Study
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<br />00228S <br /> <br />:03-273-3--113 E 3EE C3r'! <br /> <br />781 P08 <br /> <br />MAR :1 '32 10:50 <br /> <br />IV. PROPOSED AMENDMENTS <br /> <br />INTRODUCTION <br /> <br />The following solutions will be developed into specific amendments to the Act, if <br />approved by the Coalition. Note: These may be changed if a Biodiversity bill is <br />passed to reflect conflict between its provisions and those of the Endangered <br />Species Act. <br /> <br />. Costs. <br />That a Recommendation to List must incorporate the following: 1. the <br />complete file of scientific data and collection methodology, 2. a detailed <br />recovery plan with its projected cost and budget, 3. if critical habitat <br />designation is recommended all data and collection methodology shall be <br />included, and 4. social impact of designation to the area affected and to the <br />nation. <br /> <br />An amendment should require critical habitat designation at the same time as <br />the listing, tied to a requirement that a listing cannot be made until there is <br />sufficient data to designate critical habitat, would effectively require a full <br />economic impact analysis at the time of the listing. <br /> <br />~ <br /> <br />. Private Property Protection. <br />That the Private Property Act, if not enacted, should be amended to the ESA. <br />The Act should also be amended to declare that the cost of species <br />preservation is a responsibility of the Federal government and should be borne <br />by the society as a whole, Compensation should be provided for land taken <br />out of economic activity. <br /> <br />. Rexibility and Management Alternatives. <br />That the Act be amended to permit use of conservation measures to protect <br />a species in lieu of its listing. <br /> <br />. Reduction of Judicial Involvement. <br />That an alternative method to appeal decisions be provided to take the Act's <br />implementation and management out of the hands of the courts. That an <br />Administrative appeal process must precede any judicial review similar to the <br />process used by the Department of Interior's Board of Land Aooeals and the <br />Department of Veterans Affairs. The Veterans Affairs Board of Veterans <br />Aeoeals hears all cases before they can be brought before the courts. Before <br />listing problems can go to court, all administrative remedies must be exhausted <br />including a Board of Appeals and the ESA committee. <br /> <br />-6- <br />
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