Armed Forces Endangered Species Exemption Act

Subjects: Environmental Protection, Endangered and threatened species, Military facilities and property, Military procurement, research, weapons development, Wildlife conservation and habitat protection

Summary:  <p><b>Armed Forces Endangered Species Exemption Act</b></p> <p>This bill establishes exemptions from the Endangered Species Act of 1973 (ESA) for defense-related purposes.</p> <p>Specifically, the bill establishes exemptions from the ESA for (1) operations related to national defense, and (2) military personnel engaged in such operations. For example, the bill allows such personnel to take (e.g., harm or kill) endangered or threatened species.</p> <p>In addition, the bill expands restrictions on the Department of the Interior designating defense-related areas as critical habitat. It also exempts the Department of Defense from certain requirements to consult with Interior about critical habitats.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 97 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 H. R. 97

  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.


_______________________________________________________________________


                    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 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 THE ENDANGERED 
              SPECIES ACT 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 new subsection:
    ``(h) 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.''.
                                 &lt;all&gt;
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