I 
112TH CONGRESS 
1ST SESSION H. R. 2973 
To direct the Secretary of the Interior to extend an exemption from certain 
requirements of the Endangered Species Act of 1973 to protect public 
health and safety. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 20, 2011 
Mr. MATHESON introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To direct the Secretary of the Interior to extend an exemp-
tion from certain requirements of the Endangered Spe-
cies Act of 1973 to protect public health and safety. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Public Safe-
ty and Sacred Sites from the Utah Prairie Dog Act of 
2011’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
VerDate Mar 15 2010 
23:28 Sep 21, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2973.IH
H2973
jbell on DSK7SPTVN1PROD with BILLS
(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 bur-
rows could cause the asphalt on the airport runways 
to collapse under the weight of stationary airplanes; 
(5) the Federal Aviation Administration has re-
quired 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 deter-
mined that Utah prairie dogs create a serious haz-
ard 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; 
VerDate Mar 15 2010 
23:28 Sep 21, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2973.IH
H2973
jbell on DSK7SPTVN1PROD with BILLS
(8) the habitation of the Utah prairie dog with-
in the boundaries of the cemetery in Paragonah, 
Utah, constitutes a serious threat to an area of cul-
tural sanctity and to public health; 
(9) the Utah prairie dog burrows under and 
around gravestones in the cemetery, causing signifi-
cant damage to property and heartache to grieving 
visitors; 
(10) it has also been discovered that Utah prai-
rie 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 sanc-
tity 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 
VerDate Mar 15 2010 
23:28 Sep 21, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2973.IH
H2973
jbell on DSK7SPTVN1PROD with BILLS
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. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) 
PRACTICABLE
MEASURES.—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 Wild-
life Service; or 
(ii) the Utah Division of Wildlife Re-
sources. 
(2) SATISFACTION OF THE SECRETARY.—The 
term ‘‘satisfaction of the Secretary’’ means, with re-
spect to a determination made by the Secretary, that 
the determination is made taking into consideration 
the expert opinions of biologists and project man-
agers of the United States Fish and Wildlife Service 
VerDate Mar 15 2010 
23:28 Sep 21, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2973.IH
H2973
jbell on DSK7SPTVN1PROD with BILLS
typically used in the making of such a determina-
tion. 
SEC. 4. EXTENSION OF EXEMPTION. 
Notwithstanding any other provision of law (includ-
ing 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. 
Æ 
VerDate Mar 15 2010 
23:28 Sep 21, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H2973.IH
H2973
jbell on DSK7SPTVN1PROD with BILLS