Archived Story

Don't just mandate - motivate - Thursday, March 8, 2007

SUMMARY: Adding financial incentives will help turn perceived burdens into opportunities for landowners.

Americans have consistently and convincingly shown their support for the protection of endangered species. But it's hard to find a knowledgeable advocate of species protection who thinks Congress got it absolutely right when it passed the Endangered Species Act of 1973. That law's brilliant in its intent but imperfect in its execution.

Efforts to improve the law have never gained much headway, however, because the push for reform generally has come from politicians and interests more concerned about commerce and private property rights than protecting Creation. Their improvements have generally involved changes in the law likely to reduce, not increase success in saving species. Such changes have at times gained great momentum, but invariably flatten into an unmovable force - the public's commitment to keep threatened and endangered species from going extinct.

With last November's election and, especially the defeat of Endangered Species Act's greatest nemesis, Rep. Richard Pombo, R-Calif., efforts to whittle away at the law have begun to recede from their high-water mark. If the act survived the past six years, it's likely here to stay.

Yet the law's imperfections remain.

Among them is the unnecessary and unproductive tension created among owners of private property who see regulations and restrictions intended to benefit imperiled species as an onerous, money-losing burden. Some 80 percent of threatened and endangered species exist on private property, so it's pretty hard to protect them without the help of private landowners.

Recently, a bipartisan group of U.S. senators proposed legislation to reduce the conflict between the cause of species protection - something most people support - and the cost - something many landowners object to.

Led by Idaho's Republican Sen. Mike Crapo and joined by Montana's Democratic Sen. Max Baucus, the senators want to create several financial incentives aimed at encouraging landowners to help recover threatened and endangered species.

Their legislation would create:

n Habitat protection easement tax credits - basically offering tax credits in exchange for tying up land development right. The amount of the tax credits would vary with the duration of the easements, with permanent easements worth 100 percent of the value of the foregone development.

n Habitat restoration credits - providing tax credits up to 100 percent of the money spent restoring habitat.

n Tax deductions - allowing landowners to take the cost of actions recommended in government species-recovery plans as a tax deduction.

n Partnerships - allowing landowners who don't have the cash to take advantage of the incentives to partner up with others who do.

Such changes might not perfect the Endangered Species Act, but they would improve it. Financial incentives can help turn burdens into opportunities - and convert adversaries into allies.

You've heard the old saying about getting more flies with honey than vinegar. The same undoubtedly is true for endangered species as well.


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