Objectives, Tasks and Duties
To reach the goal of protecting the stability of local economies through the protection of private property rights, the Coalition of Counties should adopt the following short range and long range objectives:
SHORT RANGE OBJECTIVES:
A. Endangered Species Resolution
The Coalition of Counties should adopt the attached resolution entitled “Endangered Species Resolution.” This resolution offers a proactive solution to county economic problems which both protects and enhances plant and animal species listed as threatened or endangered under the Endangered Species Act (ESA) and, at the same time, reduces the negative effects of the ESA restrictions on state, federal and private land use and development. The net effect of this resolution is to protect and enhance endangered species, private property rights and the economic base of local communities.(1)
(1)This resolution has been adopted by the New Mexico Cattle Growers Association, the Catron County Cattle Growers Association, the New Mexico Farm and Livestock Bureau, the Catron County Commissioners, the Catron County Land Use Alliance, and several Arizona counties. Additionally, on January 31, 1990, this resolution was adopted as a national policy objective by the National Cattlemen’s Association.
To implement this resolution, the Coalition of Counties should actively work with Congressional sponsors and supporters of this concept that will introduce and work toward passage of this legislation before Congress. Congressional adoption of this legislation would accomplish three objectives:
1. Passage of national legislation of this type would implement the original Congressional intention behind the Endangered Species Act: To actively enhance populations of plant and animal species that are truly threatened or endangered so that those species may then be removed from the endangered species designation;
2. Passage of this legislation would assert a positive image for local counties and communities, as well as for the livestock, timber, oil and gas and mining industries, as those industries and communities actively work toward enhancing the populations of endangered species;
3. Passage of this legislation would relieve the negative impacts of implementation of the ESA on private, state and federal properties. These negative impacts, such as the limitation or elimination of the use and development of state, federal and private property, also result in additional difficulties for local governments as less revenue is generated in each locality;
4. Passage of this legislation will stimulate business and bring new revenue into local areas; and
5. Passage of this legislation will eliminate the “taking” of private property, described in Executive Order 12630.
B. Wildlife Management Issues
The Coalition of Counties would establish a wildlife advisory committee to advise the Coalition regarding: (1) The takings implications caused by the management, or lack of management of wildlife by state and federal agencies; and (2) the opportunities to correct the negative impacts of those takings implications.
Wildlife Management, or the lack of wildlife management, is having a severe and devastating impact on local economies. Wildlife population numbers are rapidly increasing, thereby increasing: (1) Wildlife damage to private property such as fences and haystacks; (2) the amount of forage taken from private, state and federal lands by wildlife; and (3) by decreasing the amount of land that can be used for other legitimate uses such as mining, timber, and livestock. Again, the damage directly decreases the amount of revenue generated by those local industries to support the community and county governments.
Not only are state agencies guilty of allowing private property destruction and economic damage by wildlife, but federal agencies are at fault as well. Federal agencies are charged with the management and protection of the resources on federal lands. In order to protect those resources, federal agencies must be forced to manage wildlife using those resources. Again, that failure to manage wildlife is causing a taking of private property rights for which just compensation must be paid.
Upon creation of the wildlife advisory committee, the committee should complete the following tasks:
1. The wildlife advisory committee for the Coalition of Counties should request that a public meeting be held with the Forest Service Regional Forester for Region III, the New Mexico and Arizona State Directors for the Bureau of Land Management and the directors of the State wildlife management agencies for Arizona and New Mexico. The Coalition committee should set the agenda for this meeting, select a moderator for the meeting and prepare specific questions, problems and demands to present to these state and federal agencies regarding the economic losses associated with the lack of wildlife management in Arizona and New Mexico.
The wildlife advisory committee should gather information regarding the takings of private property by wildlife so that a request for completion of a Takings Implications Assessment under Executive Order 12630 can be filed.
C. State Protection For Private Property Rights
The Coalition of Counties should actively work to influence the state legislatures of Arizona and New Mexico to enact a state law prohibiting the taking of private property by state regulatory agencies without guaranteeing the payment of just compensation. The legislation can be patterned after Presidential Executive Order 12630 which prohibits the taking of private property by federal agency regulation without completing a Takings Implications Assessment (TIA) to assess the effect of that regulation on private property and private property rights. The passage of such a measure by each state would further protect the property rights of the citizens in each state.