IB 

Union Calendar No. 77

108TH CONGRESS 

1ST SESSION H. R. 1835

[Report No. 108–99, Part I] 

To amend the Endangered Species Act of 1973 to limit designation as 

critical habitat of areas owned or controlled by the Department of Defense, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 29, 2003

Mr. GALLEGLY (for himself, Mr. POMBO, Mr. GIBBONS, and Mr. YOUNG of 

Alaska) introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

MAY 14, 2003

Reported from the Committee on Resources with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

MAY 14, 2003

Referral to the Committee on Armed Services extended for a period ending 

not later than June 13, 2003

JUNE 13, 2003

Additional sponsor: Mr. COLE

JUNE 13, 2003

The Committee on Armed Services discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 
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[For text of introduced bill, see copy of bill as introduced on April 29, 2003] 

A BILL

To amend the Endangered Species Act of 1973 to limit 

designation as critical habitat of areas owned or controlled by the Department of Defense, and for other 

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Security Read5 iness Act of 2003’’. 

6 SEC. 2. MILITARY READINESS AND THE CONSERVATION OF 

7 PROTECTED SPECIES. 

8 (a) DESIGNATION OF CRITICAL HABITAT.—Section 

9 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C. 

10 1533(a)(3)) is amended by striking ‘‘prudent and deter11 minable’’ and inserting ‘‘necessary’’. 

12 (b) LIMITATION ON DESIGNATION OF CRITICAL HABI13 TAT.—Section 4(a)(3) of the Endangered Species Act of 

14 1973 (16 U.S.C. 1533(a)(3)) is amended—

15 (1) by redesignating subparagraphs (A) and (B) 

16 as clauses (i) and (ii), respectively; 

17 (2) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

18 (3) by adding at the end the following: 
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1 ‘‘(B)(i) The Secretary shall not designate as critical 

2 habitat any lands or other geographical areas owned or con3 trolled by the Department of Defense, or designated for its 

4 use, that are subject to an integrated natural resources 

5 management plan prepared under section 101 of the Sikes 

6 Act (16 U.S.C. 670a), if the Secretary determines that such 

7 plan addresses special management considerations or pro8 tection (as those terms are used in section 3(5)(A)(i)). 

9 ‘‘(ii) Nothing in this paragraph affects the requirement 

10 to consult under section 7(a)(2) with respect to an agency 

11 action (as that term is defined in that section). 

12 ‘‘(iii) Nothing in this paragraph affects the obligation 

13 of the Department of Defense to comply with section 9, in14 cluding the prohibition preventing extinction and taking of 

15 endangered species and threatened species.’’. 

16 (c) CONSIDERATION OF EFFECTS OF DESIGNATION OF

17 CRITICAL HABITAT.—Section 4(b)(2) of the Endangered 

18 Species Act of 1973 (16 U.S.C. 1533(b)(2)) is amended by 

19 inserting ‘‘the impact on national security,’’ after ‘‘the eco20 nomic impact,’’. 

21 SEC. 3. AMENDMENT TO DEFINITION OF HARASSMENT 

22 UNDER MARINE MAMMAL PROTECTION ACT 

23 OF 1972. 

24 Section 3(18) of the Marine Mammal Protection Act 

25 of 1972 (16 U.S.C. 1362(18)) is amended by striking the 
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1 matter preceding subparagraph (B) and inserting the fol2 lowing: 

3 ‘‘(18)(A) The term ‘harassment’ means—

4 ‘‘(i) any act that injures or has the signifi5 cant potential to injure a marine mammal or 

6 marine mammal stock in the wild; or 

7 ‘‘(ii) any act that disturbs or is likely to 

8 disturb a marine mammal or marine mammal 

9 stock in the wild by causing disruption of nat10 ural behavioral patterns, including, but not lim11 ited to, migration, surfacing, nursing, breeding, 

12 feeding, or sheltering, to a point where such be13 havioral patterns are abandoned or significantly 

14 altered.’’. 

15 SEC. 4. EXEMPTION OF ACTIONS NECESSARY FOR NA16 TIONAL DEFENSE. 

17 Section 101 of the Marine Mammal Protection Act of 

18 1972 (16 U.S.C. 1371) is amended by inserting after sub19 section (e) the following: 

20 ‘‘(f) EXEMPTION OF ACTIONS NECESSARY FOR NA21 TIONAL DEFENSE.—(1) The Secretary of Defense, after con22 ferring with the Secretary of Commerce, the Secretary of 

23 the Interior, or both, as appropriate, may exempt any ac24 tion or category of actions undertaken by the Department 

25 of Defense or its components from compliance with any re-
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1 quirement of this Act, if the Secretary determines that it 

2 is necessary for national defense. 

3 ‘‘(2) An exemption granted under this subsection—

4 ‘‘(A) subject to subparagraph (B), shall be effec5 tive for a period specified by the Secretary of Defense; 

6 and 

7 ‘‘(B) shall not be effective for more than 2 years.

8 ‘‘(3)(A) The Secretary of Defense may issue additional 

9 exemptions under this subsection for the same action or cat10 egory of actions, after—

11 ‘‘(i) conferring with the Secretary of Commerce, 

12 the Secretary of the Interior, or both as appropriate; 

13 and 

14 ‘‘(ii) making a new determination that the addi15 tional exemption is necessary for national defense. 

16 ‘‘(B) Each additional exemption under this paragraph 

17 shall be effective for a period specified by the Secretary of 

18 Defense, of not more than 2 years.’’. 

19 SEC. 5. INCIDENTAL TAKINGS OF MARINE MAMMALS IN 

20 MILITARY READINESS ACTIVITY. 

21 Section 101(a)(5) of the Marine Mammal Protection 

22 Act of 1972 (16 U.S.C. 1371(a)(5)) is amended—

23 (1) in subparagraph (A)—

24 (A) by striking ‘‘within a specified geo25 graphical region’’; 
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1 (B) by striking ‘‘within that region of small 

2 numbers’’; and 

3 (C) by adding at the end the following: 

4 ‘‘Notwithstanding the preceding sentence, the Sec5 retary is not required to publish notice under this 

6 subparagraph with respect to incidental takings while 

7 engaged in military readiness activities authorized by 

8 the Secretary of Defense, except in the Federal Reg9 ister.’’; 

10 (2) in subparagraph (B)—

11 (A) by striking ‘‘within a specified geo12 graphical region’’; and 

13 (B) by striking ‘‘within one or more re14 gions’’; and 

15 (3) in subparagraph (D)—

16 (A) in clause (i)—

17 (i) by striking ‘‘within a specific geo18 graphic region’’; 

19 (ii) by striking ‘‘of small numbers’’; 

20 and 

21 (iii) by striking ‘‘within that region’’; 

22 and 

23 (B) by adding at the end the following: 

24 ‘‘(vi) Notwithstanding clause (iii), the Secretary 

25 is not required to publish notice under this subpara-
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1 graph with respect to an authorization under clause 

2 (i) of incidental takings while engaged in military 

3 readiness activities authorized by the Secretary of De4 fense, except in the Federal Register.’’.

5 SEC. 6. LIMITATION ON DEPARTMENT OF DEFENSE RE6 SPONSIBILITY FOR CIVILIAN WATER CON7 SUMPTION IMPACTS ON CRITICAL HABITAT 

8 OR ENDANGERED SPECIES. 

9 (a) RULE OF CONSTRUCTION.—For purposes of section 

10 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536), 

11 the terms ‘‘action’’ and ‘‘agency action’’, when applied to 

12 any action of the Department of Defense, shall not include 

13 water consumption of any kind unless—

14 (1) such water consumption occurs on a military 

15 installation, whether the source of the water consumed 

16 is located on or off the installation; or 

17 (2) such water consumption occurs off of a mili18 tary installation and the source of the water is under 

19 the direct control of the Department of Defense. 

20 (b) VOLUNTARY EFFORTS.—Nothing in this section 

21 shall prohibit a military installation from voluntarily un22 dertaking efforts to mitigate water use and consumption. 

23 (c) DEFINITIONS.—In this section: 
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1 (1) The term ‘‘military installation’’ has the 

2 meaning given such term in section 2687(e) of title 

3 10, United States Code. 

4 (2) The term ‘‘water consumption’’ means the 

5 use of water, from any source, for human purposes of 

6 any kind, including household or industrial use, irri7 gation, or landscaping. 

8 (d) EFFECTIVE DATE.—This section applies only to 

9 Department of Defense actions regarding which consulta10 tion or reconsultation under section 7 of the Endangered 

11 Species Act of 1973 (16 U.S.C. 1536) is first required on 

12 or after the date of the enactment of this Act.

Union Calendar No. 77

108TH CONGRESS 

1ST SESSION H. R. 1835

[Report No. 108–99, Part I] 

A BILL

To amend the Endangered Species Act of 1973 to 

limit designation as critical habitat of areas owned or controlled by the Department of Defense, and for other purposes. 

JUNE 13, 2003

The Committee on Armed Services discharged; committed 

to the Committee of the Whole House on the State of the Union and ordered to be printed