1.This Act may be cited as
the Protecting Public Safety and
Sacred Sites from the Utah Prairie Dog Act of
2011
.
2.Congress finds that—
(1)habitation by the Utah prairie dog within
the boundaries of the Parowan City Airport in Parowan, Utah, constitutes a
serious threat to human health and safety;
(2)the Utah prairie dog burrows beneath the
surface of the airport runways, causing sink holes to occur on the Parowan
Airport landing strip;
(3)airport managers have expressed concern
over the possibility of an airplane wheel getting caught in holes caused by
Utah prairie dog burrows, at landing or during take-off, which may cause an
accident;
(4)there is also serious concern that the
burrows could cause the asphalt on the airport runways to collapse under the
weight of stationary airplanes;
(5)the Federal Aviation Administration has
required a 37.5-foot safety zone to extend on each side of the Parowan Airport
runway;
(6)airport managers and officials from the
Utah Department of Wildlife Resources have determined that Utah prairie dogs
create a serious hazard by their presence and activities in the safety zone and
runway at Parowan Airport;
(7)Utah prairie dogs have been burrowing near
and interfering with airport runway lighting;
(8)the habitation of
the Utah prairie dog within the boundaries of the cemetery in Paragonah, Utah,
constitutes a serious threat to an area of cultural sanctity and to public
health;
(9)the Utah prairie
dog burrows under and around gravestones in the cemetery, causing significant
damage to property and heartache to grieving visitors;
(10)it has also been
discovered that Utah prairie dogs have burrowed into coffins of the deceased
within the cemetery, disturbing human remains;
(11)the disruption
of funeral services and the emotional distress of cemetery visitors caused by
Utah prairie dogs at the cemetery destroy the sanctity of the cemetery;
(12)efforts are
being made to prevent the Utah prairie dog from gaining access to the Parowan
City Airport;
(13)a fence has been
constructed around the Paragonah cemetery and has failed to prevent Utah
prairie dogs from gaining access to the cemetery; and
(14)Congress should
provide for an exemption to permit takings under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) as a last resort in situations in which the
presence of a threatened or endangered species constitutes a grave public
health or safety risk or disturbs the sanctity of a burial site.
3.In this Act:
(1)The term practicable measures means, with
respect to the Utah prairie dog—
(A)the construction
of fences around areas in which there is a public safety concern posed by the
presence of the Utah prairie dog; and
(B)translocation of
Utah prairie dogs using established methods used by—
(i)the
United States Fish and Wildlife Service; or
(ii)the Utah
Division of Wildlife Resources.
(2)Satisfaction of
the SecretaryThe term satisfaction of the Secretary
means, with respect to a determination made by the Secretary, that the
determination is made taking into consideration the expert opinions of
biologists and project managers of the United States Fish and Wildlife Service
typically used in the making of such a determination.
4.Notwithstanding any
other provision of law (including regulations), the Secretary of the Interior
shall amend the special rule of the Secretary contained in section 17.40(g) of
title 50, Code of Federal Regulations (as in effect on the date of enactment of
this Act), as necessary to permit the taking of the Utah prairie dog under the
Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) to include such a taking in any airport or cemetery in the
range of the Utah prairie dog in which, as demonstrated by a State to the
satisfaction of the Secretary—
(1)the entry or existence of the Utah prairie
dog will cause or has caused a threat to public health and safety or to the
sanctity of a burial site; and
(2)all practicable
measures to eliminate that threat have been carried out without success.