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Armed Forces Endangered Species Exemption Act

H.R. 65January 3, 2025Rep. Biggs, Andy [R-AZ-5]View Original
Environmental ProtectionEndangered and threatened speciesMilitary facilities and propertyMilitary procurement, research, weapons developmentWildlife conservation and habitat protection

Summary

Armed Forces Endangered Species Exemption ActThis bill establishes exemptions from the Endangered Species Act of 1973 (ESA) for defense-related operations.First, the bill prohibits the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) from designating military installations or state-owned National Guard installations as critical habitat under the ESA. It also prohibits FWS and NMFS from designating other lands, waters, or geographical areas as critical habitats if the Department of Defense (DOD) determines that the areas are necessary for military training, weapons testing, or other reasons. While DOD must submit such determinations in writing to the FWS, DOD is not required to consult with the FWS under the ESA about such determinations. Next, the bill exempts military personnel engaged in national defense-related operations (actions or duties that DOD deems necessary to support its mission) from ESA prohibitions on (1) taking (e.g., harming or killing) of endangered species or threatened species; (2) importing or exporting such species; and (3) damaging, destroying, removing, cutting, or digging up such species. Further, the bill exempts any injury to or mortality of a threatened or endangered species that results from, but is not the purpose of, a national defense-related operation.The term military personnel means a member of the Armed Forces as well as a civilian employee or contractor of (1) DOD; or (2) any other federal agency, or any provisional authority, to the extent such employment relates to supporting the mission of DOD overseas.

Full Text

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 65 Introduced in House (IH)] <DOC> 119th CONGRESS 1st Session H. R. 65 To amend the Endangered Species Act of 1973 to further restrict the Secretary of the Interior from designating certain lands used for national defense-related purposes as critical habitat for any species under that Act and to broaden exclusions and exemptions from that Act for such defense-related purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 3, 2025 Mr. Biggs of Arizona (for himself and Mr. Gosar) introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To amend the Endangered Species Act of 1973 to further restrict the Secretary of the Interior from designating certain lands used for national defense-related purposes as critical habitat for any species under that Act and to broaden exclusions and exemptions from that Act for such defense-related purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Armed Forces Endangered Species Exemption Act''.

SEC. 2. EXCLUSION OF MILITARY INSTITUTIONS AS CRITICAL HABITAT.

Section 4(a)(3)(B) of the Endangered Species Act of 1973 (16 U.S.C.

1533(a)(3)(B)) is amended to read as follows: ``(i) The Secretary shall not designate as critical habitat-- ``(I) any military installation or a State-owned National Guard installation, or any portion thereof, as such terms are defined in

section 100 of the Sikes Act

(16 U.S.C. 670); or ``(II) any other lands, waters, or geographical area not described in clause (i) that is otherwise designated for use by the Secretary of Defense including by any contractor of the Department of Defense, if the Secretary of Defense determines in writing and submitted to the Secretary of the Interior that such area is necessary for military training, weapons testing, or any other reason determined appropriate by such Secretary of Defense. ``(ii) The Secretary of Defense shall not be required to consult with the Secretary of the Interior, under
section 7(a)(2) of this Act with respect to agency action, regardless of whether the area described in clause (i) is subject to an integrated natural resources management plan prepared under

section 101 of the Sikes Act (16 U.S.C. 670a).''.

SEC. 3. ADDITIONAL EXCLUSIONS AND EXEMPTIONS FROM ENDANGERED SPECIES

ACT OF 1973 FOR DEFENSE-RELATED OPERATIONS.

Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539)

is amended by adding at the end the following: ``(k) Exclusion for National Defense-Related Operations.-- ``(1) Exclusions.--The prohibitions under

section 9 shall

not apply with respect to-- ``(A) the taking of any endangered species or threatened species, or the importation or exportation of any such species taken as prohibited by such section, by military personnel engaged in a national defense-related operation; ``(B) damaging or destroying any threatened or endangered species, or removing, cutting, digging up, damaging, or destroying any such species, by military personnel engaged in a national defense-related operation; or ``(C) an injury to or mortality of a threatened or endangered species that results from, but is not the purpose of, a national defense-related operation, regardless of whether the operation is conducted on a military installation or other area described in

section 4(a)(3)(B)(i).

``(2) Definitions.--For the purposes of this subsection-- ``(A) the term `national defense-related operation' means-- ``(i) research, development, testing, and evaluation of military munitions, other ordnance, and weapons systems; ``(ii) the training of members of the Armed Forces in the use and handling of military munitions, other ordnance, and weapons systems; ``(iii) general training and military preparedness; or ``(iv) any action or duty that the Secretary of Defense deems necessary to support the Department of Defense in its mission; and ``(B) the term `military personnel' means-- ``(i) a member of the Armed Forces; and ``(ii) a civilian employee or contractor (including a subcontractor at any tier) of the-- ``(I) Department of Defense (including a nonappropriated fund instrumentality of the Department); or ``(II) any other Federal agency, or any provisional authority, to the extent such employment relates to supporting the mission of the Department of Defense overseas.''. <all>