I 

108TH CONGRESS 

1ST SESSION H. R. 1835

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 

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 

5 Readiness Act of 2003’’. 
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1 SEC. 2. MILITARY READINESS AND THE CONSERVATION OF 

2 PROTECTED SPECIES. 

3 (a) POLICY REGARDING DUTIES OF FEDERAL DE4 PARTMENTS AND AGENCIES.—Section 2(c)(1) of the En5 dangered Species Act of 1973 (16 U.S.C. 1531(c)(1)) by 

6 inserting after ‘‘threatened species’’ the following: ‘‘insofar 

7 as is practicable and consistent with their primary pur8 poses’’. 

9 (b) DESIGNATION OF CRITICAL HABITAT.—Section 

10 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C. 

11 1533(a)(3)) is amended by striking ‘‘prudent and deter12 minable’’ and inserting ‘‘necessary’’. 

13 (c) LIMITATION ON DESIGNATION OF CRITICAL

14 HABITAT.—Section 4(a)(3) of the Endangered Species 

15 Act of 1973 (16 U.S.C. 1533(a)(3)) is amended—

16 (1) by redesignating subparagraphs (A) and 

17 (B) as clauses (i) and (ii), respectively; 

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

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

20 ‘‘(B)(i) The Secretary shall not designate as critical 

21 habitat any lands or other geographical areas owned or 

22 controlled by the Department of Defense, or designated 

23 for its use, that are subject to an integrated natural re24 sources management plan prepared under section 101 of 

25 the Sikes Act (16 U.S.C. 670a), if the Secretary deter26 mines that such plan addresses special management con-
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1 siderations or protection (as those terms are used in sec2 tion 3(5)(A)(i)). 

3 ‘‘(ii) Nothing in this paragraph affects the require4 ment to consult under section 7(a)(2) with respect to an 

5 agency action (as that term is defined in that section). 

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

7 of the Department of Defense to comply with section 9, 

8 including the prohibition preventing extinction and taking 

9 of endangered species and threatened species.’’. 

10 (d) CONSIDERATION OF EFFECTS OF DESIGNATION

11 OF CRITICAL HABITAT.—Section 4(b)(2) of the Endan12 gered Species Act of 1973 (16 U.S.C. 1533(b)(2)) is 

13 amended by inserting ‘‘the impact on national security,’’ 

14 after ‘‘the economic impact,’’. 

15 SEC. 3. AMENDMENT TO DEFINITION OF HARASSMENT 

16 UNDER MARINE MAMMAL PROTECTION ACT 

17 OF 1972. 

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

19 of 1972 (16 U.S.C. 1362(18)) is amended—

20 (1) by striking the matter preceding subpara21 graph (B) and inserting the following: 

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

23 ‘‘(i) any act that injures or has the signifi24 cant potential to injure a marine mammal or 

25 marine mammal stock in the wild; 
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1 ‘‘(ii) any act that disturbs or is likely to 

2 disturb a marine mammal or marine mammal 

3 stock in the wild by causing disruption of nat4 ural behavioral patterns, including, but not lim5 ited to, migration, surfacing, nursing, breeding, 

6 feeding, or sheltering, to a point where such be7 havioral patterns are abandoned or significantly 

8 altered; or

9 ‘‘(iii) any act that is directed toward a spe10 cific individual, group, or stock of marine mam11 mals in the wild and that is likely to disturb the 

12 individual, group, or stock of marine mammals 

13 by disrupting behavior, including, but not lim14 ited to, migration, surfacing, nursing, breeding, 

15 feeding, or sheltering.’’; and 

16 (2) in subparagraph (C) by striking ‘‘(A)(ii)’’ 

17 and inserting ‘‘(A) (ii) or (iii)’’. 

18 SEC. 4. EXEMPTION OF ACTIONS NECESSARY FOR NA19 TIONAL DEFENSE. 

20 Section 101 of the Marine Mammal Protection Act 

21 of 1972 (16 U.S.C. 1371) is amended by inserting after 

22 subsection (e) the following: 

23 ‘‘(f) EXEMPTION OF ACTIONS NECESSARY FOR NA24 TIONAL DEFENSE.—(1) The Secretary of Defense, after 

25 conferring with the Secretary of Commerce, the Secretary 
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1 of the Interior, or both, as appropriate, may exempt any 

2 action or category of actions undertaken by the Depart3 ment of Defense or its components from compliance with 

4 any requirement of this Act, if the Secretary determines 

5 that it is necessary for national defense. 

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

7 ‘‘(A) subject to subparagraph (B), shall be ef8 fective for a period specified by the Secretary of De9 fense; and 

10 ‘‘(B) shall not be effective for more than 2 

11 years. 

12 ‘‘(3)(A) The Secretary of Defense may issue addi13 tional exemptions under this subsection for the same ac14 tion or category of actions, after—

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

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

17 and 

18 ‘‘(ii) making a new determination that the addi19 tional exemption is necessary for national defense. 

20 ‘‘(B) Each additional exemption under this para21 graph shall be effective for a period specified by the Sec22 retary of Defense, of not more than 2 years.’’. 
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1 SEC. 5. INCIDENTAL TAKINGS OF MARINE MAMMALS IN 

2 MILITARY READINESS ACTIVITY. 

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

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

5 (1) in subparagraph (A)—

6 (A) by striking ‘‘within a specified geo7 graphical region’’; 

8 (B) by striking ‘‘within that region of 

9 small numbers’’; and 

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

11 ‘‘Notwithstanding the preceding sentence, the Secretary is 

12 not required to publish notice under this subparagraph 

13 with respect to incidental takings while engaged in mili14 tary readiness activities authorized by the Secretary of De15 fense, except in the Federal Register.’’; 

16 (2) in subparagraph (B)—

17 (A) by striking ‘‘within a specified geo18 graphical region’’; and 

19 (B) by striking ‘‘within one or more re20 gions’’; and 

21 (3) in subparagraph (D)—

22 (A) in clause (i)—

23 (i) by striking ‘‘within a specific geo24 graphic region’’; 

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

26 and 
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1 (iii) by striking ‘‘within that region’’; 

2 and 

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

4 ‘‘(vi) Notwithstanding clause (iii), the Secretary is 

5 not required to publish notice under this subparagraph 

6 with respect to an authorization under clause (i) of inci7 dental takings while engaged in military readiness activi8 ties authorized by the Secretary of Defense, except in the 

9 Federal Register.’’.

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