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[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>
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