Bill Text: AZ SCM1014 | 2016 | Fifty-second Legislature 2nd Regular | Enrolled


Bill Title: Administratively recommended wilderness; urging Congress

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-04-05 - Transmitted to Secretary Of State [SCM1014 Detail]

Download: Arizona-2016-SCM1014-Enrolled.html

 

 

 

Senate Engrossed

 

 

 

 

State of Arizona

Senate

Fifty-second Legislature

Second Regular Session

2016

 

 

SENATE CONCURRENT MEMORIAL 1014

 

 

 

A CONCURRENT MEMORIAL

 

urging the Congress of the United States to act to prohibit federal agencies from recommending and identifying Arizona's public lands as wilderness areas without express congressional consent.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


To the Congress of the United States of America:

Your memorialist respectfully represents:

Whereas, through federal land management planning and associated guidelines, federal agencies are recommending and identifying Arizona's public lands as wilderness areas; and

Whereas, these administratively recommended wilderness areas circumvent congressional intent and lack full and appropriate National Environmental Policy Act (NEPA) analyses; and

Whereas, the identification of these de facto wilderness areas has resulted in significant restrictions on public access and recreation, paralyzing restrictions on the Arizona Game and Fish Department's ability to manage wildlife and potentially catastrophic restrictions on vegetation and habitat improvement projects, including fire management activities; and

Whereas, the conservation of wildlife resources is the trust responsibility of the Arizona Game and Fish Commission, and this responsibility extends to all lands within Arizona to ensure abundant wildlife resources for current and future generations; and

Whereas, the designation of Arizona's public lands as wilderness areas has resulted in the erosion of the Arizona Game and Fish Department's ability to comply with its federal mandate to proactively recover threatened and endangered species; and

Whereas, according to federal land management agency guidelines, an administratively recommended wilderness area must be managed to "protect and maintain the social and ecological characteristics that provide the basis for wilderness recommendation" in perpetuity or until Congress takes action to formally designate the area as a wilderness area; and 

Whereas, allowable activities within administratively recommended wilderness areas will be left to the discretion of federal staff and deciding officers, resulting in even greater restrictions and limitations than those formally vetted and designated by Congress; and

Whereas, congressionally designated wilderness provides clearer guidance for management and coordination with this state, specific processes for wildlife management exemptions and direction for collaboration via existing state agreements and guidelines; and

Whereas, administratively recommended wilderness areas circumvent the spirit of NEPA and congressional intent and lack transparency; and

Whereas, with the implementation of federal land management plans, recommended wilderness areas constitute a significant and immediate change in management without a fully disclosed impact analysis required by NEPA; and

Whereas, the federal land management plans lack full NEPA disclosure of potential impacts to this state and the public, assurances protecting this state's ability to proactively manage wildlife and fulfill its public trust responsibility, including specific management activities, and analyses of the cumulative impacts of further loss of public lands that provide for multiple‑use and wildlife-related recreational and economic opportunities; and

Whereas, the areas being recommended as wilderness were not included within the original wilderness designations with purposeful intent by Congress; and

Whereas, the subsequent expansion of previously designated wilderness is an overreach of the federal agencies and disingenuous to the public, subverting original collaboration, coordination, negotiation and agreements; and 

Whereas, the federal agency planning documents suggest that no significant management action or recommendation to Congress will take place before further NEPA analyses are completed.  Within the recently released Prescott and Apache-Sitgreaves National Forest recommended wildernesses, the United States Forest Service indicates that these areas are simply preliminary administrative recommendations and that further NEPA analyses are necessary.  However, in transmittal letters, the United States Forest Service states that "the Final Environmental Impact Statement for the . . .  Forest's Revised Resource Management Plan contains the NEPA analysis necessary to support a legislative proposal."  This is an egregious lack of transparency.

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

1.  That the Congress of the United States act to prohibit federal agencies from recommending and identifying Arizona's public lands as wilderness areas without express congressional consent.

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.


 

 

 

PASSED BY THE HOUSE APRIL 4, 2016.

 

PASSED BY THE SENATE FEBRUARY 22, 2016.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 5, 2016.

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