UNITED STATES SENATE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
Hearing on Habitat Conservation Plans
Statement of Senator Harry Reid



I would like to welcome all of today's witnesses to this important hearing on the benefits and policy concerns surrounding habitat conservation plans (HCP's) under the Endangered Species Act.

I believe that habitat conservation plans are a useful, creative tool for the protection of both endangered species and private property rights.

They have not been a perfect answer, but they have moved us in the right direction and I think a fresh look at what we have learned is a beneficial exercise.

It may come as a surprise to my colleagues to learn that the largest habitat conservation area in the United States is in the most heavily populated county of my home state of Nevada.

The Nevada Habitat Conservation Plan for the Desert Tortoise, a plan that encompasses 5.6 million acres, has allowed for the relatively peaceful co-existence of the threatened desert tortoise with the 5,000 to 6,000 new residents that move to Las Vegas each month. These new residents have brought with them one of the longest sustained building and economic booms ever in the Western United States.

Yet all of it has taken place despite the presence of the desert tortoise, a species that was Emergency Listed in August of 1989.

Jim Moore, formerly the Desert Tortoise HCP Coordinator for the Nature Conservancy of Nevada, is here this morning to describe the processes and procedures that were used in Las Vegas to bring about what has been a very successful solution in Southern Nevada.

I am delighted that Jim is here this morning and I am not planning to give away too much of his story. However, it is safe to say that the HCP process that was followed in Southern Nevada was very successful.

The entire process was extremely time consuming and, at times, frustrating. The amount of public participation that went into the final plan was unprecedented. But the end result was a system that everyone can live with and one that protects the desert tortoise.

Earlier this year, when I sat down to discuss the agenda of the Wildlife Subcommittee with Senator Crapo, I shared with him my concern that comprehensive reform of the Endangered Species Act was unrealistic this year, and probably in this Congress, especially given the fate of S.1180 last year.

However, I indicated that I think this Committee can make substantial progress by taking an incremental, bi-partisan approach. As a group, there are many things we can and should

This hearing is the latest in a series of forums that this Subcommittee has held this year on specific issues within the Endangered Species Act. Earlier this year we held hearings and drafted up legislation, S.1100, concerning recovery habitat. That legislation is currently awaiting action on the Floor.

Based on what we hear and read this fall, this Committee may move forward to try to improve the processand and procedures surrounding habitat conservation plans.

While the desert tortoise HCP has been very successful, other communities have struggled, particularly with issues such as:

1. What level of assurances are required for both sides

2. What level of public participation should be required

3. What happens in the event of a mistake

All of these are valid concerns, as are others that we will hear about today.

If there are things that we, as a group, can come to consensus about and act on to improve the usefulness of HCP's, then I am all for it.

However, before we move too far down the path on habitat conservation plans, I want to see the fate of our recovery habitat bill played out a little more. If the consensus and cooperation that marked this Committee's work on S.1100 carries through to floor consideration of that legislation, then I will be much more comfortable moving ahead on other areas of the ESA.

Thank you, Mr. Chairman, for agreeing to hold this hearing. Throughout the year, I have been very impressed with your knowlege of this subject and look forward to working with you on these and other issues as the 106th Congress continues.