ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

 

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HCM 2004: military bases; exemption from ESA

Sponsor: Representative Griffin, LD 19

Committee on Federalism, Military Affairs & Elections

Overview

A Concurrent Memorial requesting that Congress enact legislation exempting military bases and training facilities from the Endangered Species Act.

History

The Endangered Species Act (ESA) requires federal agencies to ensure actions they authorize, fund or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitats of such species (16 U.S.C. § 1531, et. seq).

Provisions

1.   States the mission of the United States Department of Defense (DOD) is to provide for a military force that is needed to deter war and protect our country. (Sec. 1)

2.   Recognizes the fundamental principle of military readiness is for the military to train as it intends to fight. (Sec. 1)

3.   Acknowledges that DOD has established several military training facilities in Arizona to accomplish its military readiness goal. (Sec. 1)

4.   Asserts the DOD indicates that heightened focus on the application of environmental statutes has affected the use of its training areas.

5.   Specifies that compliance with environmental regulations, especially the ESA, has:

a)   caused some training activities to be canceled, postponed or modified; and

b)   forced military officials to make adjustments to training regimens. (Sec. 1)

6.   Acknowledges that the DOD has obtained exemptions from three environmental laws and sought exemptions for three others since 2003 and such exemptions help ensure the military's ability to meet unexpected threats and maintain its high state of readiness. (Sec. 1)

7.   Asserts a report from the Government Accountability Office found DOD's existing environmental exemptions have not adversely affected the environment. (Sec. 1)

8.   States the military has proven to be a responsible and effective steward of land and environment. (Sec. 1)

9.   Asserts the importance of having a strong national defense. (Sec. 1)

10.  Urges Congress to enact legislation exempting United States military bases and training facilities from the regulations and restrictions of the ESA. (Sec. 1)

11.  Requires the Secretary of State transmit this Memorial to the President of the United States, the Speaker of the House of Representatives, the President of the Senate and each Member of Congress from Arizona. (Sec.1)

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15.                    HCM 2004

16.  Initials JH           Page 0 Federalism, Military Affairs & Elections

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