Multiple Species Habitat Conservation Planning: Goals and Strategies of Local Governments

Drawing from experiences gained from the development and implementation of four approved habitat conservation plans (HCPs), I describe the goals and strategies used by the nine local government members of the Riverside County Habitat Conservation Agency (RCHCA) to reconcile conflicts among a rapidly growing population and the need to conserve the habitat of a number of declining wildlife species in western Riverside County, California. Several important goals have been pursued by RCHCA member governments in their sponsorship of multiple-species habitat conservation plans (MSHCPs), including (1) establishing certainty and control over future uses of land; (2) eliminating project-by-project negotiations with federal and state wildlife agencies; (3) coordinating mitigation obligations under the Endangered Species Act, Clean Water Act, California Environmental Quality Act, and other federal and state laws; (4) reducing conflict and litigation resulting from land development activities; and (5) ensuring that wildlife conservation activities are conducted in a manner that permits local governments to perform those functions necessary to maintain public health, safety, and welfare. I also describe the emergence of strategies by local governments to achieve MSHCP goals, including (1) use of an inclusive planning process that seeks to build consensus among affected interests; (2) extensive involvement of federal and state wildlife agencies in the preparation of MSHCP documents; (3) management of public lands to support MSHCP conservation objectives; (4) encouragement of voluntary conservation by private property owners through incentive programs; and (5) active solicitation of federal and state funding for MSHCP implementation activities.     

COOPERATIVE MANAGEMENT OF THE DUNGENESS WATERSHED TO PROTECT SALMON IN WASHINGTON STATE1

ABSTRACT: Over the last decade, the Jamestown S'Klallam Tribe has formed partnerships with their neighboring county government, irrigation districts, property owners, and state and federal agencies in an effort to save the dwindling runs of Dungeness River salmon. Although considerable progress has been made to begin the recovery process, the watershed is included in recent listings of Pacific Northwest salmon under the Endangered Species Act. Under the coordination of an active watershed council, significant improvements have been made in water conservation and the protection of instream flows. Cooperation between the Tribe, irrigation districts and the Washington Department of Ecology resulted in a trust water rights agreement and the reduction of late summer water withdrawals by one‐third.     

Protecting the piping plover under section 7 of the endangered species act

Section 7(a)(2) of the Endangered Species Act directs federal agencies to ensure that their actions do not jeopardize the continued existence of endangered and threatened species. The US Fish and Wildlife Service (USFWS) issues jeopardy or nonjeopardy biological opinions on proposed federal actions that affect endangered and threatened species. We summarize several biological opinions issued by the USFWS to protect the threatened piping plover (Charadrius melodus). These opinions address federal actions involving hundreds of piping plovers on the Missouri River system and a few piping plover pairs on short stretches of Atlantic coast beach. Some of these opinions are decisive, but most allow the proposed action to proceed conditional upon a lengthy set of reasonable and prudent alternatives to protect the piping plover. These conditions may prove difficult to track and will add to the workload of the USFWS.     

Critical habitat designation: Is it prudent?

The critical habitat provision of the US Endangered Species Act was believed by many to be a key feature of the Act. It was believed that this provision would benefit federally listed endangered and threatened species. However, only 23% of the listed species in the United States have their critical habitats designated. The current trend is to forego critical habitat designation because the federal government believes that the Endangered Species Act can protect most listed species without resort to the critical habitat provision. Required publication of critical habitat locations in theFederal Register may draw vandals and collectors to rare species. In other cases, existing habitat protection already provides adequate protection for species. In a few instances critical habitat changes over time and is difficult to delineate. Lastly, designating critical habitat is time consuming, delays species listing, and is controversial, detracting from the positive image of the Endangered Species Act.     

THE BUREAU OF RECLAMATION'S ROLE IN AMERICA'S GROWTH1

ABSTRACT. The Bureau of Reclamation was created to implement the Reclamation Act of 1902 and subsequent legislation to conserve and develop the water resources of the western states for maximum efficient use. This has been accomplished by the planning and construction of major multiple use projects which now supply water to approximately eight million acres of land which annually produce 52 million tons of food and fiber with a gross crop value of approximately $2 billion. Fifteen million people are served with municipal and industrial water supplies and hydroelectric power from Bureau projects now returns $160 million annually to the Treasury. Flood control, recreation, and fish and wildlife enhancement are other major benefits. The Bureau of Reclamation is now undertaking a Westwide Survey of water resources and of the needs of the future which is more far-reaching than anything heretofore accomplished. The information accumulated during this ten-year survey will determine whether there is a necessity for consideration of major interbasin transfer of water supply.     

Addressing Declining Appropriations for Bureau of Reclamation Infrastructure: Policies Needed for Enabling Private Finance

Western water infrastructure was funded in the early and mid‐20th Century through federal financing through the Bureau of Reclamation. Over the past 30 years, federal financing has been less forthcoming, which has been commensurate with an increase in the need for financing rehabilitation and replacement of western irrigation infrastructure. As federal appropriations have declined, there has been increased interest in alternative approaches to infrastructure including public–private partnerships (P3s), loan guarantees, or title transfer of federal infrastructure. However, two of these approaches — P3s and loan guarantees — are precluded by existing federal budgetary policies, particularly Office of Management and Budget (OMB) scoring practices. If the OMB changed its policies for P3s or loan guarantees, private capital could play an important role in recapitalizing aging Reclamation infrastructure.     

POSSIBLE DIVERSION OF MISSISSIPPI RIVER WATER TO TEXAS AND NEW MEXICO1

ABSTRACT .A summary is presented of remarks made at a conference held at Louisiana Tech University on the possibility of diverting some of the Mississippi River water to Texas and New Mexico. The Texas Water Plan which has initiated the diversion possibility is discussed and particular reference is made to the activities of the federal and state agencies directly responsible for determining various aspects of the diversion study. These agencies include the Texas Water Development Board, Texas Water Quality Board, Louisiana Department of Public Works, State Engineer's Office of New Mexico, Mississippi River Commission, and the Bureau of Reclamation.     

External threats: the dilemma of resource management on the Colorado River in Grand Canyon National park,USA

The United States Congress established Grand Canyon National Park in 1919 to preserve for posterity the outstanding natural attributes of the canyon cut by the Colorado River. In some cases National Park Service attempts to maintain Grand Canyon's natural environment have been thwarted by activities outside the park. One of the most obvious external threats is Glen Canyon Dam, only 26 km upstream from the park boundary. Constructed in 1963, this gigantic dam has greatly altered the physicochemical and biological characteristics of 446 km of the Colorado River in Grand Canyon National Park. The river's aquatic ecosystem has been greatly modified through the loss of indigenous species and the addition of numerous exotics. We consider this anexotic ecosystem. The riparian ecosystem has been less modified, with addition of a few exotics and no loss of natives—this we consider anaturalized ecosystem.The great dilemma now faced by park managers is that, after 20 years of managing resources along a river controlled by Glen Canyon Dam, the Bureau of Reclamation has proposed major changes in operational procedures for the dam. Scientists and managers from the National Park Service, Bureau of Reclamation, and cooperating federal and state resource management agencies are using a systems analysis approach to examine the impacts of various Colorado River flow regimes on aquatic, riparian, and recreational parameters in the park. This approach will help in the development of management alternatives designed to permit the most efficient use of that river's natural resources without their destruction.     

Biodiversity laws: State experiences

The Western Governors' Association (WGA) includes both the public lands states with their issues and the plains states, which are 98% privately owned. WGA deals with most legislation affecting biodiversity, whether the effect is direct or tangential. It will probably not be possible, or desirable, for one entity to be in charge of biodiversity conservation. The Endangered Species Act, public lands laws, agricultural laws, water law, environmental laws, and funding legislation all affect biodiversity conservation and the responsibility for it. None of them on their own are enough, and most can cause harmful unintended consequences for biodiversity. The experience of western states in developing consensus principles for reauthorization of the Endangered Species Act provides an example of common-sense ways to improve management of biodiversity, notwithstanding the complexity and large stakes involved. The WGA's proposed changes call for increasing the role of states, streamlining the act, and increasing certainty for landowners and water users. To achieve sustainable conservation for biodiversity, the better question is not “Who is/should be in charge?”, it is “How do we get this done?” To answer this, we need goals, guidance, and bottom lines from federal laws, and management and oversight at the state level, but they all need to support local on-the-ground partnerships. Sustainable conservation requires the active participation of those who live there. WGA's experience in coordinating the Great Plains Partnership as well as its work with watershed efforts shed light on what to expect. Multilevel partnerships are not easy and require a different way of doing business. The ad hoc, sitespecific processes that result do not lend themselves to being legislated, fit into organizational boxes, or scored on a budget sheet. They do require common sense and a longterm perspective.     

ECONOMIC COSTS AND BENEFITS OF INSTREAM FLOW PROTECTION FOR ENDANGERED SPECIES IN AN INTERNATIONAL BASIN1

ABSTRACT: The U.S. Endangered Species Act (ESA) restricts federal agencies from carrying out actions that jeopardize the continued existence of any endangered species. The U.S. Supreme Court has emphasized that the language of the ESA and its amendments permits few exceptions to the requirement to give endangered species the highest priority. This paper estimates economic costs associated with one measure for increasing instream flows to meet critical habitat requirements of the endangered Rio Grande silvery minnow. Impacts are derived from an integrated regional model of the hydrology, economics, and institutions of the upper Rio Grande Basin in Colorado, New Mexico, Texas, and Mexico. One proposal for providing minimum streamflows to protect the silvery minnow from extinction would provide guaranteed year round streamflows of at least 50 cubic feet per second in the San Acacia reach of the upper Rio Grande. These added flows can be accomplished through reduced surface diversions by New Mexico water users in dry years when flows would otherwise be reduced below the critical level required by the minnow. Based on a 44‐year simulation of future inflows to the basin, we find that some agricultural users suffer damages, but New Mexico water users as a whole do not incur damages from a policy that reduces stream depletions sufficiently to provide habitat for the minnow. The same policy actually benefits downstream users, producing average annual benefits of over $200,000 per year for west Texas agriculture, and over $1 million for El Paso municipal and industrial water users, respectively. Economic impacts of instream flow deliveries for the minnow are highest in drought years.     

Protecting endangered species under future climate change: From single-species preservation to an anticipatory policy approach

Anthropogenic climate climate change presents a unique challenge for endangered species policy and an opportunity for policy makers to develop a more predictive and robust approach to preserving the nation's biological resources. Biological and ecological reactions to shifting climate conditions and the potential feedbacks and synergistic effects of such changes may threaten the well-being of many species, particularly of those already in jeopardy of extinction. The United States Endangered Species Act of 1973 will fail to keep pace with increasing numbers of species needing protection as long as it remains focused on protecting species individually. The actmust not be abandoned, however; it holds tremendous promise for preserving biological diversity through a more proactive, anticipatory perspective. The current Endangered Species Act should be reinforced and improved by better integration of scientific expertise into habitat and community preservation listing decisions and recovery plan devlopment. Given the uncertainties surrounding long-term environmental consequences of human activities and resource use, a longer-term perspective must be integrated into all efforts to protect our biotic resources. Under appointment from the Graduate Fellowships for Global Change administered by the Oak Ridge Institute for Science and Ecducation for the US Department of Energy.     

RESOLUTION OF ENDANGERED SPECIES ACT ISSUES IN PERMITTING TILE PLATEAU CREEK PIPELINE1

ABSTRACT: This paper describes how a hydrologic model proved to be a valuable tool to help interested parties understand impacts to four threatened and endangered fish species in the Upper Colorado River. In 1994, the Ute Water Conservancy District initiated permitting and design of the Plateau Creek pipeline replacement. The project was considered a major Federal action and therefore subject to the National Environmental Policy Act. Under Section 7 of the Endangered Species Act, the U.S. Fish and Wildlife Service (USFWS) entered the process to develop a Biological Opinion (BO) and determined that the project could potentially impact the endangered fish in the 15‐mile reach of the Colorado River. The Section 7 consultation was directed by a Core Committee comprised of stakeholders in the Upper Colorado River watershed. Hydrologic modeling became the evaluation tool for comparing flow reductions to USFWS target recovery flows and defining make‐up flow requirements to meet those targets. The Colorado River Recovery Implementation Program was designated to provide the make‐up flows. The USFWS released a final BO in December 1997, approving diversions through 2015. An Environmental Impact Statement for the project was completed and the Record of Decision was issued by the Bureau of Land Management in early 1998.     

Cooperation or conflict? Interagency relationships and the future of biodiversity for US parks and forests

Cooperation between the United States Department of Agriculture (USDA) Forest Service and the United States Department of Interior (USDI) National Park Service is most often advocated to protect biological diversity on national forests and parks, but the agencies, so far, have done little to implement the biodiversity mandates of such laws as the Endangered Species Act and the National Forest Management Act. The ideological and political history of the Forest Service and Park Service is explored to determine the roots of interagency conflicts. Several recent models of cooperative reform are also critiqued and found to be insufficient to stimulate better working relationships. To protect biodiversity, cooperation must be framed within conservation biology and must place primary emphasis on ecosystem patterns and processes as well as on individual species. Increased education of agency managers, ecosystem-level research, local and regional public participation, scientific oversight committees, new legislation, and enlightened leadership also play important roles. Ultimately, management policies must be reframed within a context of ecocentric values.     

Water Quality Improvement Policies: Lessons Learned from the Implementation of Proposition O in Los Angeles,California

This article evaluates the implementation of Proposition O, a stormwater cleanup measure, in Los Angeles, California. The measure was intended to create new funding to help the city comply with the Total Maximum Daily Load requirements under the federal Clean Water Act. Funding water quality objectives through a bond measure was necessary because the city had insufficient revenues to deploy new projects in its budget. The bond initiative required a supermajority vote (two-thirds of the voters), hence the public had to be convinced that such funding both was necessary and would be effective. The bond act language included project solicitation from the public, as well as multiple benefit objectives. Accordingly, nonprofit organizations mobilized to present projects that included creating new parks, using schoolyards for flood control and groundwater recharge, and replacing parking lots with permeable surfaces, among others. Yet few, if any, of these projects were retained for funding, as the city itself also had a list of priorities and higher technical expertise in justifying them as delivering water quality improvements. Our case study of the implementation of Proposition O points to the potentially different priorities for the renovation of urban infrastructure that are held by nonprofit organizations and city agencies and the importance of structuring public processes clearly so that there are no misimpressions about funding and implementation responsibilities that can lead to disillusionment with government, especially under conditions of fiscal constraints.     

Snail Darters and Sacred Places: Creative Application of the Endangered Species Act

Rather than exploring how indigenous people have been alienated from resources by environmental policies, this paper explores how indigenous peoples have worked with environmental organizations to use the broad protections provided by environmental laws to protect cultural resources. The Eastern Band of Cherokee Indians, along with other concerned groups, partnered with environmentalists in opposing the destruction of the endangered snail darter’s critical habitat by the Tennessee Valley Authority’s Tellico Dam. The dam had been opposed by a shifting alliance of Cherokees, local farmers, trout fisherman, and environmentalists since it was announced in 1963. A previous lawsuit by this coalition delayed the project from 1972 to 1974 under the National Environmental Policy Act. The Endangered Species Act provided this coalition with a powerful tool for opposing the destruction of burial grounds and sacred village sites throughout the lower Little Tennessee River valley. The coalition of environmental organizations, Cherokees, and others was ultimately unsuccessful in stopping the dam from being built, but was successful in establishing a strict precedent for the enforcement of the Endangered Species Act. The lawsuit also created a space for the Eastern Band to negotiate for the return of Cherokee remains and halt the removal of any additional burials. In this situation, the strategic support of environmental regulation enabled the Eastern Band to exert some degree of control over the fate of cultural resources in the valley, and also demonstrates the significant role American Indian peoples played in one of the seminal events of the environmental movement during the 1970s.     

Perspectives on the landmark decision designating the northern spotted owl (Strix occidentalis caurina) as a threatened subspecies

Following an extensive legal battle challenging its original decision to not extend the protection of the Endangered Species Act to the northern spotted owl (Strix occidentalis caurina), the US Fish and Wildlife Service was ordered by the 9th District Court of Appeals to reassess the status of the owl. As a result of the revised analysis, the service proposed the northern spotted owl for threatened status throughout its range. Because of the complex biological issues involved and the perceived potential for economic disruption in timber-dependent communities of the Pacific Northwest, this proposal generated more controversy and interest than any previous one. In this article I discuss the rationale for the service’s decision, public involvement in the process, and the mechanisms now available to conserve the northern spotted owl and its habitat under the Endangered Species Act.     

A CRITIQUE OF WATERSHED MANAGEMENT EFFORTS IN THE LOWER MISSISSIPPI ALLUVIAL PLAIN1

ABSTRACT: Integrated watershed management in the Lower Mississippi Alluvial Plain (Delta) requires blending federal, state, and local authority. The federal government has preeminent authority over interstate navigable waters. Conversely, state and local governments have authority vital for comprehensive watershed management. In the Delta, integrating three broad legal and administrative regimes: (1) flood control, (2) agricultural watershed management, and (3) natural resources and environmental management, is vital for comprehensive intrastate watershed, and interstate river basin management. Federal Mississippi River flood control projects incorporated previous state and local efforts. Similarly, federal agricultural programs in the River's tributary headwaters adopted watershed management and were integrated into flood control efforts. These legal and administrative regimes implement national policy largely in cooperation with and through technical and financial assistance to local agencies such as levee commissions and soil and water conservation districts. This administrative infrastructure could address new national concerns such as nonpoint source pollution which require a watershed scale management approach. However, the natural resources and environmental management regime lacks a local administrative infrastructure. Many governmental and non governmental coordinating organizations have recently formed to address this shortcoming in the Delta. With federal and state leadership and support, these organizations could provide mechanisms to better integrate natural resources and environmental issues into the Delta's existing local administrative infrastructure.     

AUBURN DAM: A CASE STUDY OF WATER POLICY AND ECONOMICS1

ABSTRACT: This paper provides a critical analysis of the Bureau of Reclamation's Auburn-Folsom South project in California. While this massive $1.5 billion project is temporarily halted for redesign for earthquake hazard, it is timely to examine its justification on economic grounds. The key finding is that several major benefit categories, irrigation and recreation, have been grossly overstated. In addition, the Bureau failed entirely to estimate the cost of use on the free-flowing American River, or a probability-weighted estimate of catastrophic loss. Revised estimates indicate that the project is not economically justified. In addition, the project has unattractive distributive effects. The implications of this case study for current revisions in U.S. water policy are explored. The Auburn study basically provides support for the U.S. Water Resource Council's draft manual of procedures for evaluating federal water resource projects.     

Characterising the landscape of state environmental review policies and procedures in the United States: a national assessment

Following the intent of the National Environmental Policy Act of 1969, many states have adopted policies and procedures directing state agencies and local government units to evaluate the potential environmental impacts of development projects prior to their undertaking. In contrast to a rich literature on federal requirements, current understanding of state environmental review is narrowly focused and outdated. This paper seeks to provide information on the landscape of state environmental review policy frameworks. The paper identifies 37 states with formal environmental review requirements through a document review of state statutes, administrative rules and agency-prepared materials, and confirms this finding through a survey of state administrators. A two-tier classification is used to distinguish states based on the approach taken to address environmental review needs and the scope and depth of relevant policies and procedures implemented. This paper also provides a discussion of policy and programme attributes that may contribute to effective practice, and of the potential for adopting relevant legislation in states where environmental review is currently lacking.