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HCM 2004

military bases; exemption from ESA

57th Legislature - First Regular Session Introduced by Gail Griffin

Arizona urges Congress to exempt military bases and training facilities from the Endangered Species Act to protect readiness.

Transmit to Secretary of State
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Bill Summary · HCM 2004

Summary — HCM 2004 (House Concurrent Memorial 2004)

Title: military bases; exemption from ESA
Classification: Concurrent memorial
Introduced: January 29, 2025
Status: Passed Legislature; transmitted to Secretary of State (filed April 16, 2025)

Purpose

HCM 2004 urges the United States Congress to enact legislation that would exempt United States military bases and training facilities from the regulatory requirements and restrictions of the federal Endangered Species Act (ESA). The memorial frames the request as necessary to preserve military readiness and the Department of Defense (DoD) principle that forces "must train as they intend to fight."

Key provisions (what the memorial requests)

  • A formal request to Congress to enact a statutory exemption from the ESA for U.S. military bases and training facilities.
  • Instructions that the Arizona Secretary of State transmit the memorial to the President of the U.S. Senate, the Speaker of the U.S. House of Representatives, and each Arizona Member of Congress.

The text cites DoD training sites in Arizona (Luke AFB; Fort Huachuca; Barry M. Goldwater Range; Davis-Monthan AFB; U.S. Army Yuma Proving Ground; Marine Corps Air Station Yuma; Camp Navajo Army Base) and references DoD/GAO findings that environmental regulations, especially the ESA, have affected training activities. The memorial notes DoD has obtained exemptions from several environmental laws since 2003 and cites a GAO finding that past DoD exemptions from the ESA or Migratory Bird Treaty Act did not show adverse environmental impacts.

Who would be affected (if Congress acted on the request)

  • Federal: DoD operations and planning across military installations nationwide.
  • Federal agencies responsible for ESA implementation (U.S. Fish and Wildlife Service, NOAA Fisheries).
  • Species and habitats protected under the ESA.
  • State and local communities near military facilities (economic and environmental impacts).
  • Conservation organizations and other stakeholders engaged in ESA enforcement or consultation.

Procedural timeline (Arizona Legislature)

  • Introduced: Jan 29, 2025 (House first reading)
  • House actions: placed on consent calendar (Feb 17), passed (Feb 20, 2025)
  • Senate readings: first and second readings Mar 3–4, 2025; passed Apr 16, 2025
  • Filed with Secretary of State / transmitted to Congress: Apr 16, 2025

Legal and practical notes

  • HCM 2004 is a concurrent memorial — a nonbinding expression of the Arizona Legislature’s views. It does not change federal law or ESA obligations.
  • Only Congress can amend or exempt entities from the federal ESA; this memorial is a formal request that Congress do so.
  • If Congress were to grant such an exemption, it would alter the scope of ESA protections for listed species and could shift the balance between national defense activities and environmental protections. The memorial presents the DoD position that exemptions are needed for readiness; it also cites a GAO finding favorable to DoD exemption use.

Compiled from official sources — confirm details with the bill’s official record.

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