 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
military bases; exemption from ESA
Purpose
Background
The federal Endangered Species Act provides a program for the conservation of threatened and endangered plants and animals and the habitats in which they are found that: 1) requires federal agencies, in consultation with the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration, to ensure that the actions a federal agency authorizes, funds or carries out are not likely to jeopardize the continued existence of any listed endangered species or result in the destruction or adverse modification of the designated critical habitats of such species; and 2) prohibits any action that causes the transport or taking of listed endangered species for commercial or noncommercial purposes (16 U.S.C. ยง 1538).
Since 2003, the U.S. Department of Defense may conduct military readiness activities with an interim exemption from the federal Migratory Bird Treaty Act, a broad exemption from the federal Marine Mammal Protection Act and a narrow exemption from certain parts of the federal Endangered Species Act (U.S. GAO).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Urges the U.S. Congress to enact legislation exempting U.S. military bases and training facilities from the regulations and restrictions of the federal Endangered Species Act.
2. Directs the Secretary of State to transmit a copy of this memorial to the President of the U.S. Senate, the Speaker of the U.S. House of Representatives and each member of the U.S. Congress from the State of Arizona.
House Action
FMAE 2/12/25 DP 4-3-0-0
3rd Read 2/20/25 33-26-1
Prepared by Senate Research
March 6, 2025
KJA/NRG/slp