HomeMy WebLinkAbout95-261
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RESOLUTION NO.. 95-261
WHEREAS, after 22 years of experiience in implementing of the Endangered Species Act,
there now appears to be ample evidence of the need for revision of the act when it is reauthorized;
and
WHEREAS, it should be the polic:y of the lj'nited States to avoid the need for listing
threatened and endangered species by involving all affected parties in pre-listing conservation
activities and by providing a range of incentives to thosl;: affected parties to enter into conservation
agreements to avoid the need for listing; and
WHEREAS, Mohave County can be involved to a much greater extent in sustaining of
species, through the management of lands, ,md in making decisions which affect their habitat; and
WHEREAS, the Federal government needs bettler verifiable peer review of the science that
leads to listing of species, and the identification of critical habitat. There needs to be greater
emphasis on the affects of listing of a species and designation of critical habitat on human
individuals, their communities, and on the economic, social and cultural aspects of such a listing
and/or designation of habitat; and
WHEREAS, all affected parties should be involved in post-listing decision and consultation
process to assure that all concerns are raised, if not addressed; and
WHEREAS, the protection of some species has led to substantial loss of jobs, property loss
due to natural disasters, (such as fire, flood, etc) and economic hardship and reduced. county
revenues; and
WHEREAS, in many instances, the burden of protection of species has fallen on private
property owners, who have been forced to provide habitat without adequate compensation for use
of their land, while the decisions are make behind closed doors in Washington, D.C.; and
WHEREAS, the current Act lacks provisions for a full and complete analysis of proposed
listings on the economic, social, and cultural values of humans and their communities, nor does it
contain provisions for adequately compensating affected private property owners for losses incurred
by listing; and
WHEREAS, Mohave County depends upon a healthy economy to maintain viable
communities and to produce revenues to provide needed services; and
WHEREAS, Mohave County has ;l strong interest in maintaining its custom, culture, and
community stability while protecting natural biodiversity because reputable scientific evidence
suggests that long-term stability for those (~()mmunities that are natural resource dependent is directly
related to adequate biodiversity; and
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Resolution No. 95-261
Page 2
WHEREAS, the Western Interstate Region ofthe National Association of Counties passed
a similar resolution supporting the revision, as stated above, for the Endangered Species Act:
THEREFORE, BE IT RESOLVED that the Mohave County Board of Supervisors asks
Congress to amend the Endangered Species Act to provide:
1. A recognition that if it is in the national interest to protect species, then it must be a
national priority to attempt to forestall listing by aggressively providing for prelisting
incentives to affected local governments and private property owners to avoid the
negative impact of the Act by entering into conservation agreements with the
Secretary of the Interior.
2. For greater involvement by local governments In planning and management
decisions affecting the listing process.
3 For a significant improvement in the scientific review process by including verifiable
peer review by a qualified agency other than the U.S. Fish and Wildlife Service or
the U.S. Biological Service.
4.
The affects on the economic, social and cultural aspects of human activity, and their
communities, must be fully studied, and taken into account in all decisions made
pursuant to the Act
5. A full partnership for the affected State, its local governments and affected private
property owners in the post-listing consultation and decisionmaking process,
including critical habitat, habitat conservation plans and full-scale recovery plans.
6. Adequate protection of private and public property rights:
a. Prior to a listing, no action shall be taken to restrict or interfere with the use
of private or public property without consultation with the affected land
owner. Every effort should be made by the Secretary and the affected land
owner to establish voluntary agreements for species conservation and habitat
protection.
b.
Following a listing, no action shall be taken to diminish the use of property
until full consultation has taken place with affected landowners and, full
compensation is agreed upon between the landowner and the Secretary. If the
Secretary refuses to act or limits the compensation to below fair market
value, the affected landowner is granted status to pursue due process in the
appropriate Federal District Court, and if Successful granted total expenses.
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Resolution No. 95-261
Page 3
BE IT FURTHER RESOLVED that Local government's land use authority shaH be fully
recognized and delegation of implementation of the Act should be allowed at the state government
level to avoid redlmdancy and to enhance coordination between state, local and federal governments.
PASSED, APPROVED AND ADOPTED this 19th day of June, 1995.
MOHA VE COUNTY BOARD OF SUPERVISORS
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Pat: Holt, Chairman