REFERENCE TITLE: endangered species transparency act

State of Arizona Senate Fifty-second Legislature First Regular Session 2015

SCM 1012

Introduced by Senators Griffin, Allen, McGuire: Farnsworth D, Kavanagh

 

A CONCURRENT MEMORIAL

 

Urging the Congress of the United States to enact the 21st Century Endangered Species Transparency Act.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

To the Congress of the United States of America:

Your memorialist respectfully represents:

Whereas, when the Endangered Species Act (ESA) was originally enacted in 1973, the framers and supporters of the ESA envisioned a law that would protect species believed to be on the brink of extinction; and

Whereas, at that time, 109 species were listed for protection; and

Whereas, today, over 1,500 species in the United States are designated as threatened or endangered under the ESA; and

Whereas, as a result of a 2011 mega-settlement between the United States Fish and Wildlife Service and environmental litigants, hundreds more species could be added within the next two years; and

Whereas, the ESA is failing to achieve its primary purpose of species recovery as it has only a 2% recovery rate; and

Whereas, the ESA was last amended in 1988, which means 27 years have passed since any improvements have been made; and

Whereas, the 21st Century Endangered Species Transparency Act would require that data used by federal agencies for ESA listing decisions be made publicly available and accessible through the Internet, while respecting state data privacy laws and private property; and

Whereas, the 21st Century Endangered Species Transparency Act would require the federal government to disclose to affected states data used prior to an ESA listing decision and require the "best available scientific and commercial data" used by the federal government to incorporate data provided by states, tribes and local county governments; and

Whereas, the 21st Century Endangered Species Transparency Act would require the United States Fish and Wildlife Service to track, report to Congress and make available online the federal taxpayer funds used to respond to ESA lawsuits, the number of employees dedicated to ESA litigation and the amount of attorney fees awarded in the course of ESA litigation and settlement agreements; and

Whereas, the 21st Century Endangered Species Transparency Act would prioritize species protection and protect taxpayer dollars by placing reasonable caps on attorney fees to make the ESA consistent with existing federal law; and

Whereas, the customs, cultures and economic well‑being of our local communities, as well as important historic and cultural aspects of our local heritage, are being ignored, which adversely affects the lives and jobs of the people of the United States and devastates local and state economies; and

Whereas, a cost‑benefit analysis should be required on any ESA action; and

Whereas, the United States Chamber of Commerce, the American Farm Bureau Federation, the National Rural Electric Cooperative Association and many others support the 21st Century Endangered Species Transparency Act.

Wherefore your memorialist, the Senate of the State of Arizona, the House of Representative concurring, prays:

1.  That the Congress of the United States enact the 21st Century Endangered Species Transparency Act.

2.  That the Secretary of State of the State of Arizona transmit copies of this Memorial to the President of the United States Senate, the Speaker of the United States House of Representatives and each Member of Congress from the State of Arizona.