An Arizona legislator is proposing legislation that will end Arizona’s participation Aug. 31, 2014, in all programs under the Endangered Species Act of 1973 that were not cooperatively implemented. Rep. Bob Thorpe says that the legislation is not against protecting endangered species but about giving the people of Arizona a place at the policy development table.
Thorpe says the bill is “against the way in which the federal government has forced Arizona to protect endangered species without any input or review from the Legislature and citizens.”
Unless the program is re-approved by the Legislature, House Bill 2699 requires that any species and their offspring introduced into the state under a non-cooperatively implemented program must be removed by Jan. 1, 2015.
Programs that were not cooperatively implemented are ones where Arizona did not first create and submit a plan to the Secretary of the United States Department of the Interior, or the United States Fish and Wildlife Service for approval. Non-cooperatively implemented programs typically are the result of a lawsuit.
Moreover, section 6 (a) of the Endangered Species Act specifies that programs shall be cooperatively carried out. It reads as follows, “In carrying out the program authorized by this Act, the Secretary shall cooperate to the maximum extent practicable with the States.”
“All we would like to see is the federal government simply following its own rules,” Thorpe added.
The legislation also sets up a fund that reimburses Arizonans, who have suffered losses from the implementation of a non-cooperative program; the funds would come from the federal government.
HB 2699 was heard in a special session of the House Federalism and Fiscal Responsibility Committee Thursday, Feb. 20, 2014. The legislation has an emergency clause making it effective immediately upon the governor’s signature.