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S.C.R. 3

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Feb 4, 2013 at 11:55 AM by lpoole. --> This document includes House Committee Amendments incorporated into the bill on Wed, Feb 13, 2013 at 1:51 PM by lerror. -->             


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Senate 2nd Reading Amendments 2-4-2013 lp/rf
1
    
THREATENED SPECIES DAMAGE AND MANAGEMENT PLAN

             2     
CONCURRENT RESOLUTION

             3     
2013 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Evan J. Vickers

             6     
House Sponsor: John R. Westwood

             7     

             8      LONG TITLE
             9      General Description:
             10          This concurrent resolution of the Legislature and the Governor expresses support for
             11      Iron County's management of the Utah Prairie Dog population.
             12      Highlighted Provisions:
             13          This resolution:
             14          .    expresses support for Iron County's management of the Utah Prairie Dog population
             15      and achieving its recovery, while also facilitating rightful use by property owners;
             16          .    urges the United States Secretary of the Interior to approve a five year opportunity
             17      for Iron County to manage the Utah Prairie Dog population in Iron County, with the
             18      assistance of the Utah Division of Wildlife Resources; and
             19          .    urges that Iron County's five-year opportunity to manage the Utah Prairie Dog
             20      population include agreements that Iron County shall maintain a specific number of
             21      Utah Prairie Dogs, that the same amount of funding to the United States Fish and
             22      Wildlife Service and the Utah Department of Natural Resources' Division of
             23      Wildlife Resources be provided to Iron County through the five-year contract
             24      period, and that Iron County claims certain constitutional protections from illegal
             25      search S. and seizure .S of private property without just compensation.
             26      Special Clauses:
             27          None



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             28
    

             29      Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
             30          WHEREAS, according the United States Fish and Wildlife Service, the Utah Prairie
             31      Dog was first listed as an endangered species in 1973, and remained on that list until 1984,
             32      when its classification was changed to "threatened";
             33          WHEREAS, when a species is not protected under the Endangered Species Act,
             34      wildlife management of that species is the responsibility of the state;
             35          WHEREAS, the Utah Prairie Dog is currently listed as "threatened" under the
             36      Endangered Species Act;
             37          WHEREAS, most of the Utah Prairie Dog's remaining habitat lies on private land
             38      where protections have slowed, and in some cases halted, rightful land use;
             39          WHEREAS, the Utah Prairie Dog population has damaged airplane runways and
             40      tunneled into cemeteries, disturbing graves;
             41          WHEREAS, private property in Iron County has been damaged physically, and
             42      economically, which has adversely affected both property owners and Iron County;
             43          WHEREAS, while transmission of the bubonic plague by prairie dogs to humans is
             44      rare, cases have occurred and the plague has wiped out whole colonies of prairie dogs;
             45          WHEREAS, the United States Fish and Wildlife Service currently offers a land
             46      exchange program that would allow landowners to develop their private property if they set
             47      aside portions of their land for prairie dog conservation;
             48          WHEREAS, the Iron County Commission has indicated that it is now in a position,
             49      with the assistance of the Utah Division of Wildlife Resources, to manage the Utah Prairie Dog
             50      within the county's borders and achieve the prairie dog's recovery and will work with private
             51      property owners to accomplish these goals;
             52          WHEREAS, in accordance with Utah Code Subsection 17-50-101 (1), Iron County is a
             53      legal subdivision of the state of Utah;
             54          WHEREAS, the state has the ability to responsibly manage the Utah Prairie Dog
             55      without federal involvement;
             56          WHEREAS, Section 6(a) of the Endangered Species Act states that the Secretary of the
             57      Interior "shall cooperate to the maximum extent practicable with the States";
             58          WHEREAS, Section 6(b) of the Act states, "The Secretary may enter into agreements



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House Committee Amendments 2-13-2013 le/rf
             59
     with any State for the administration and management of any area established for the
             60      conservation of endangered species or threatened species";
             61          WHEREAS, Section 6(c)(1) of the Act further declares, "In furtherance of the purposes
             62      of this Act, the Secretary is authorized to enter into a cooperative agreement in accordance with
             63      this section with any State which establishes and maintains an adequate and active program for
             64      the conservation of endangered species and threatened species";
             65          WHEREAS, Iron County has successfully led out as a participant in a pilot program
             66      regarding R.S. 2477 roads in Iron County; and
             67          WHEREAS, Iron County's and the Division's efforts will facilitate the rightful use of
             68      private property by owners while enhancing the conservation of Utah Prairie Dogs by using all
             69      methods and procedures that are necessary to bring the species to the point at which federal
             70      protections are no longer necessary:
             71          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
             72      Governor concurring therein, expresses support for the efforts of Iron County to manage the
             73      Utah Prairie Dog population and achieve its recovery, while facilitating the rightful use of
             74      private property by its owners and protecting them from further damage without redress and
             75      just compensation.
             76          BE IT FURTHER RESOLVED that the Legislature and the Governor urge the United
             77      States Secretary of the Interior grant a five-year opportunity for Iron County to manage the
             78      Utah Prairie Dog population in Iron County, with the assistance of the Utah Division of
             79      Wildlife Resources.
             80          BE IT FURTHER RESOLVED that the Legislature and the Governor urges, upon
             81      successful achievement of an established recovery population on property H. [ that is not privately
             82      owned
] .H
within Iron County for a period of five consecutive years, that the Utah Prairie Dog be
             83      delisted from "threatened" status within Iron County.
             84          BE IT FURTHER RESOLVED that the Legislature and the Governor urges that Iron
             85      County's five year opportunity to manage the Utah Prairie Dog population include agreements
             86      that Iron County shall maintain a specific number of Utah Prairie Dogs, that the same amount
             87      of funding to the United States Fish and Wildlife Service and the Utah Department of Natural
             88      Resources' Division of Wildlife Resources be provided to Iron County through the five-year
             89      contract period, and that Iron County claims certain constitutional protections from illegal



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Senate 2nd Reading Amendments 2-4-2013 lp/rf
             90
     search S. and seizure .S of private property without just compensation.
             91          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the United
             92      States Fish and Wildlife Service, the United States Secretary of the Interior, the Utah Division
             93      of Wildlife Resources, the Iron County Commission, and the Utah Farm Bureau Federation.





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