45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO FEDERAL AGENCY ACTIONS; ALLOWING THE STATE AND COUNTIES TO CLAIM DAMAGES RESULTING FROM FEDERAL AGENCY DECISIONS MADE PURSUANT TO THE ENDANGERED SPECIES ACT OF 1973 WITHOUT CREDIBLE OR SUFFICIENT SUPPORTING SCIENTIFIC DATA.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. FINDINGS--ACTION FOR DAMAGES--REMEDY.--

A. The legislature finds that:

(1) the listing of endangered species within the state by federal agencies can have an adverse impact on the state's ability to manage its natural resources, including water, which may harm local economies and the well-being of residents;

(2) there is often little or no credible scientific data on which to accurately base listings of endangered species or to manage the habitat of the listed species;

(3) the lack of sufficient scientific data can and does result in policy decisions being made that cause needless harm to the state's economy and the well-being of its residents and a grave waste of the state's natural resources and may harm the recovery of endangered species; and

(4) the federal government is in the best position to compensate those who are injured by federal agency decisions that are based on faulty or insufficient scientific data.

B. The state or a county may make a claim on behalf of its residents for damages against a federal agency in district court if:

(1) pursuant to the federal Endangered Species Act of 1973, the agency lists an endangered species that lives in a county, declares habitat for a listed species in a county or issues a management plan for a listed species in a county;

(2) the agency action in Paragraph (1) of this subsection is based on insufficient scientific data or studies that are found to be not credible; and

(3) the agency action in Paragraph (1) of this subsection results in economic damage to a resident of a county.

C. If the court finds for the state or county, the court shall award the state or county costs and attorney fees in addition to damages, including compensation for any resources used by the state to fulfill requirements arising out of the federal agency action described in Paragraph (1) of Subsection B of this section. Damages awarded pursuant to this section shall be used by the state or county for remedial programs for residents harmed by actions of a federal agency.