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NOW: concurrent jurisdiction; Barry Goldwater range
Our Position: support
Bill Number: SB1326
Sponsor: Leff
Legislative Session: 2007 Legislative Session
This measure amends state law concerning jurisdiction to enhance the ability of the federal law officers to manage public use of the Barry M. Goldwater Range more safely. It allows them to enforce state laws like the Arizona Native Plant Law and take enforcement action to protect the land as well as public safety.
Status
This was added as a strike everything in the House after Senator Gray would not hear the original bill in the Senate. A small amendment was added to address his concerns, so it went through without opposition in the Senate.
Action Needed
More information
Go to SB1326 to see a complete bill status and review a copy of the bill.
Contact
Sandy Bahr at (602) 253-8633 or sandy.bahr@sierraclub.org
Background
The Barry M. Goldwater Range (BMGR) consists of over 1.7 million acres of land that is used by both U.S. Air Force and U.S. Marine Corps to train military air crews as well as serve other national defense purposes. In addition to its national defense mission, the range is also important because it is part of the largest largely intact Sonoran Desert area remaining in our country. It contains a diverse landscape of rugged mountains, alluvial valleys, and sand dunes, as well as diverse plant and wildlife species well-adapted to their desert environment, including 275 plant species and 150 bird, 56 mammal, 5 amphibian, and 44 reptile species. The eastern portion of the range contains an extensive saguaro cactus-mixed cactus-palo verde forest. Many plants protected by the Arizona National Plant Law are also present on the range, including sand food (Pholisma sonorae), one of Arizona’s Highly Safeguarded Protected Native Plants, as well individual crested saguaros (Carnegiea gigantea), which fall in that same category.
Use of the range by the public includes hunting, wildlife viewing, sight seeing, nature photography, hiking, camping, research, etc.
In accordance with the Military Land Withdrawal Act of 1999 and the Sikes Act, recreation can occur on the BMGR only to the extent that it is compatible with the needs of the military mission and associated safety and security requirements. It states the plan for the Range must ensure:
“. . . proper management and protection of the natural and cultural resource of [the range] and for sustainable use by the public of such resources to the extent consistent with the military purposes [of the range].”
The Sikes Act [16 U.S.C. 670a(a)(3)] states:
“Consistent with the use of military installations to ensure the preparedness of the Armed Forces, the Secretaries of the military department shall . . . provide for—
(A) the conservation and rehabilitation of natural resources on military installations;
(B) the sustainable multipurpose use of the resources, which shall include hunting, fishing, trapping and non-consumptive uses; and
(C) subject to safety requirements and military security, public access to the BMGR to facilitate the use.”
SB1326 as amended will help allow the military to fulfill its mission while continuing to allow recreation on the range. It will also ensure better protection of the public and the public’s resources.
This concurrent jurisdiction is not a unique request. Already, the state has granted concurrent jurisdiction to the following lands:
Canyon de Chelly National Monument.
Casa Grande Ruins National Monument.
Chiricahua National Monument.
Coronado National Memorial.
Fort Bowie National Historic Site.
Glen Canyon National Recreation Area.
Grand Canyon National Park.
Hohokam Pima National Monument.
Hubbell Trading Post National Historic Site.
Lake Mead National Recreation Area.
Montezuma Castle National Monument.
Navajo National Monument.
Organ Pipe Cactus National Monument.
Petrified Forest National Park.
Pipe Spring National Monument.
Saguaro National Monument.
Sunset Crater National Monument.
Tonto National Monument.
Tumacacori National Monument.
Tuzigoot National Monument.
Walnut Canyon National Monument.
Wupatki National Monument.
And Davis, Glen Canyon, Hoover, Imperial, Laguna, and Parker dams.
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