What This Bill Does
This bill changes the Endangered Species Act to prevent the Secretary of the Interior from protecting certain lands used by the military as habitats for endangered or threatened species. It also creates new exemptions that allow military personnel to harm or kill endangered and threatened species during military operations without violating the law.
Who It Affects
The Secretary of the Interior, the Secretary of Defense, military personnel (including members of the Armed Forces and civilian employees and contractors working for the Department of Defense), and endangered and threatened species.
Key Provisions
* The Secretary of the Interior cannot designate military installations or National Guard installations as critical habitats (areas protected for endangered species). (Sec. 2)
* The Secretary of the Interior cannot designate other lands, waters or geographical areas used by the Department of Defense as critical habitats if the Secretary of Defense writes that the area is necessary for military training, weapons testing or other reasons the Secretary of Defense determines appropriate. (Sec. 2)
* The Secretary of Defense does not have to consult with the Secretary of the Interior about military activities on these protected areas, even if a natural resources management plan exists for that land. (Sec. 2)
* Military personnel can harm, kill or remove endangered and threatened species during national defense-related operations without breaking the law. (Sec. 3)
* Military personnel can import or export endangered and threatened species taken during national defense-related operations without breaking the law. (Sec. 3)
What Changes
If this bill becomes law, the military gains the power to use lands and waters for defense purposes without those areas being protected as habitats for endangered species. Military personnel can harm or kill endangered and threatened species during military activities without facing legal consequences. The military would no longer have to consult with wildlife protection officials about activities on military lands.
Important Definitions
* "National defense-related operation" means research, development, testing and evaluation of military weapons and ammunition; training members of the Armed Forces in using military weapons and ammunition; general military training and preparedness; or any action the Secretary of Defense deems necessary to support the Department of Defense's mission. (Sec. 3)
* "Military personnel" means members of the Armed Forces and civilian employees or contractors (including subcontractors) of the Department of Defense or other federal agencies, to the extent their employment relates to supporting the Department of Defense's overseas mission. (Sec. 3)
I
118TH CONGRESS
1ST SESSION
H. R. 97
To amend the Endangered Species Act of 1973 to further restrict the Sec-
retary of the Interior from designating certain lands used for national
defense-related purposes as critical habitats 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 9, 2023
Mr. BIGGS 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 habitats 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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Armed Forces Endan-
4
gered Species Exemption Act’’.
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•HR 97 IH
SEC. 2. EXCLUSION OF MILITARY INSTITUTIONS AS CRIT-
1
ICAL HABITAT.
2
Section 4(a)(3)(B) of the Endangered Species Act of
3
1973 (16 U.S.C. 1533(a)(3)(B)) is amended to read as
4
follows:
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‘‘(i) The Secretary shall not designate
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as critical habitat—
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‘‘(I) any military installation or a
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State-owned National Guard installa-
9
tion, or any portion thereof, as such
10
terms are defined in section 100 of
11
the Sikes Act (16 U.S.C. 670); or
12
‘‘(II) any other lands, waters, or
13
geographical area not described in
14
clause (i) that is otherwise designated
15
for use by the Secretary of Defense
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including by any contractor of the De-
17
partment of Defense, if the Secretary
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of Defense determines in writing and
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submitted to the Secretary of the In-
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terior that such area is necessary for
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military training, weapons testing, or
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any other reason determined appro-
23
priate by such Secretary of Defense.
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‘‘(ii) The Secretary of Defense shall
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not be required to consult with the Sec-
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•HR 97 IH
retary of the Interior, under section
1
7(a)(2) of this Act with respect to agency
2
action, regardless of whether the area de-
3
scribed in clause (i) is subject to an inte-
4
grated natural resources management plan
5
prepared under section 101 of the Sikes
6
Act (16 U.S.C. 670a).’’.
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SEC. 3. ADDITIONAL EXCLUSIONS AND EXEMPTIONS FROM
8
THE ENDANGERED SPECIES ACT FOR DE-
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FENSE-RELATED OPERATIONS.
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Section 10 of the Endangered Species Act of 1973
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(16 U.S.C. 1539) is amended by adding at the end the
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following new subsection:
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‘‘(h) EXCLUSION FOR NATIONAL DEFENSE-RELATED
14
OPERATIONS.—
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‘‘(1) EXCLUSIONS.—The prohibitions under sec-
16
tion 9 shall not apply with respect to—
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‘‘(A) the taking of any endangered species
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or threatened species, or the importation or ex-
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portation of any such species taken as prohib-
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ited by such section, by military personnel en-
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gaged in a national defense-related operation;
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‘‘(B) damaging or destroying any threat-
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ened or endangered species, or removing, cut-
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ting, digging up, damaging, or destroying any
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•HR 97 IH
such species, by military personnel engaged in
1
a national defense-related operation; or
2
‘‘(C) an injury to or mortality of a threat-
3
ened or endangered species that results from,
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but is not the purpose of, a national defense-re-
5
lated operation,
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regardless of whether the operation is conducted on
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a military installation or other area described in sec-
8
tion 4(a)(3)(B)(i).
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‘‘(2) DEFINITIONS.—For the purposes of this
10
subsection—
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‘‘(A) the term ‘national defense-related op-
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eration’ means—
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‘‘(i) research, development, testing,
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and evaluation of military munitions, other
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ordnance, and weapons systems;
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‘‘(ii) the training of members of the
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Armed Forces in the use and handling of
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military munitions, other ordnance, and
19
weapons systems;
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‘‘(iii) general training and military
21
preparedness; or
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‘‘(iv) any action or duty that the Sec-
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retary of Defense deems necessary to sup-
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•HR 97 IH
port the Department of Defense in its mis-
1
sion; and
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‘‘(B)
the
term
‘military
personnel’
3
means—
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‘‘(i) a member of the Armed Forces;
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and
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‘‘(ii) a civilian employee or contractor
7
(including a subcontractor at any tier) of
8
the—
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‘‘(I) Department of Defense (in-
10
cluding a nonappropriated fund in-
11
strumentality of the Department); or
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‘‘(II) any other Federal agency,
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or any provisional authority, to the
14
extent such employment relates to
15
supporting the mission of the Depart-
16
ment of Defense overseas.’’.
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Æ
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