sovereign authority; endangered species act

Plain English Breakdown

The official status indicates the bill passed both chambers but does not confirm if it has been signed by the governor or become law yet.

HB2161: State Limits on Enforcing Federal Endangered Species Rules

This law stops Arizona state agencies, political subdivisions, and employees from using money or staff to enforce the federal Endangered Species Act of 1973 or its incidental take permit program, with one exception for a livestock loss program.

What This Bill Does

• Adds section 1-273 to Title 1 of Arizona Revised Statutes regarding sovereign authority over natural resources.
• Prohibits the state, its agencies, political subdivisions, and employees from using personnel or financial resources to enforce, administer, or cooperate with the Endangered Species Act of 1973.
• Specifically blocks cooperation with the incidental take permit program under the Endangered Species Act of 1973.
• Excludes the livestock loss program administered by the Arizona Livestock Loss Board from this prohibition.

Who It Names or Affects

• The State of Arizona
• State agencies and political subdivisions, such as cities or counties
• State employees acting in their official capacity
• Employees and contractors of the Arizona Game and Fish Department

Terms To Know

Endangered Species Act

A federal law from 1973 (P.L. 93-205) referenced in this bill.

Incidental take permit program

A specific part of the Endangered Species Act mentioned as a prohibited area for state cooperation.

Limits and Unknowns

• The effective date is not listed in the provided text.
• This law only limits how state resources are used; it does not change federal laws or stop private citizens from following them based on this text alone.

Official Summary Text

HB2161 - sovereign authority; endangered species act

Current Bill Text

HB2161 - 572R - I Ver

PREFILED��� JAN 08 2026

REFERENCE TITLE:
sovereign authority; endangered species act

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2161

Introduced by

Representative
Diaz

AN
ACT

amending Title
1, chapter 2, article 4, Arizona Revised Statutes, by adding section 1-273;
relating to SOVEREIGN authority.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 1, chapter 2, article 4,
Arizona Revised Statutes, is amended by adding section 1-273, to read:

START_STATUTE
1-273.

Sovereign authority; natural resources; anticommandeering

Pursuant to article II, section 3, Constitution
of Arizona, this state
, any
agency
or political subdivision of this state
and any employee
of this state or any
agency or political subdivision of
this state, including the arizona game and fish department and the department's
employees and contractors, acting in the employee's official capacity may not
use any personnel or financial resources to enforce, administer or
cooperate with either of the following
federal actions or
programs:

1. the ENDANGERED species act of 1973
(P.L. 93-205; 87 Stat. 884; 16 United States code sections 1531 through
1544).� This paragraph does not apply to the livestock loss program that is
administered and enforced by the Arizona livestock loss board.

2. The incidental take permit program
pursuant to the endangered species act of 1973 (P.L. 93-205; 87 Stat.
884; 16 United States Code sections 1536 through 1539).
END_STATUTE