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 De-
fense, 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 Com-
mittee on Resources, and in addition to the Committee on Armed Serv-
ices, 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
[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 con-
trolled by the Department of Defense, and for other 
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Security Read-
iness Act of 2003’’. 
SEC. 2. MILITARY READINESS AND THE CONSERVATION OF 
PROTECTED SPECIES. 
(a) DESIGNATION
OF CRITICAL HABITAT.—Section 
4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(a)(3)) is amended by striking ‘‘prudent and deter-
minable’’ and inserting ‘‘necessary’’. 
(b) LIMITATION ON DESIGNATION OF CRITICAL HABI-
TAT.—Section 4(a)(3) of the Endangered Species Act of 
1973 (16 U.S.C. 1533(a)(3)) is amended—
(1) by redesignating subparagraphs (A) and (B) 
as clauses (i) and (ii), respectively; 
(2) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 
(3) by adding at the end the following:
‘‘(B)(i) The Secretary shall not designate as critical 
habitat any lands or other geographical areas owned or con-
trolled by the Department of Defense, or designated for its 
use, that are subject to an integrated natural resources 
management plan prepared under section 101 of the Sikes 
Act (16 U.S.C. 670a), if the Secretary determines that such 
plan addresses special management considerations or pro-
tection (as those terms are used in section 3(5)(A)(i)). 
‘‘(ii) Nothing in this paragraph affects the requirement 
to consult under section 7(a)(2) with respect to an agency 
action (as that term is defined in that section). 
‘‘(iii) Nothing in this paragraph affects the obligation 
of the Department of Defense to comply with section 9, in-
cluding the prohibition preventing extinction and taking of 
endangered species and threatened species.’’. 
(c) CONSIDERATION OF EFFECTS OF DESIGNATION OF 
CRITICAL HABITAT.—Section 4(b)(2) of the Endangered 
Species Act of 1973 (16 U.S.C. 1533(b)(2)) is amended by 
inserting ‘‘the impact on national security,’’ after ‘‘the eco-
nomic impact,’’. 
SEC. 3. AMENDMENT TO DEFINITION OF HARASSMENT 
UNDER MARINE MAMMAL PROTECTION ACT 
OF 1972. 
Section 3(18) of the Marine Mammal Protection Act 
of 1972 (16 U.S.C. 1362(18)) is amended by striking the
matter preceding subparagraph (B) and inserting the fol-
lowing: 
‘‘(18)(A) The term ‘harassment’ means—
‘‘(i) any act that injures or has the signifi-
cant potential to injure a marine mammal or 
marine mammal stock in the wild; or 
‘‘(ii) any act that disturbs or is likely to 
disturb a marine mammal or marine mammal 
stock in the wild by causing disruption of nat-
ural behavioral patterns, including, but not lim-
ited to, migration, surfacing, nursing, breeding, 
feeding, or sheltering, to a point where such be-
havioral patterns are abandoned or significantly 
altered.’’. 
SEC. 4. EXEMPTION OF ACTIONS NECESSARY FOR NA-
TIONAL DEFENSE. 
Section 101 of the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1371) is amended by inserting after sub-
section (e) the following: 
‘‘(f) EXEMPTION OF ACTIONS NECESSARY FOR NA-
TIONAL DEFENSE.—(1) The Secretary of Defense, after con-
ferring with the Secretary of Commerce, the Secretary of 
the Interior, or both, as appropriate, may exempt any ac-
tion or category of actions undertaken by the Department 
of Defense or its components from compliance with any re-
quirement of this Act, if the Secretary determines that it 
is necessary for national defense. 
‘‘(2) An exemption granted under this subsection—
‘‘(A) subject to subparagraph (B), shall be effec-
tive for a period specified by the Secretary of Defense; 
and 
‘‘(B) shall not be effective for more than 2 years.
‘‘(3)(A) The Secretary of Defense may issue additional 
exemptions under this subsection for the same action or cat-
egory of actions, after—
‘‘(i) conferring with the Secretary of Commerce, 
the Secretary of the Interior, or both as appropriate; 
and 
‘‘(ii) making a new determination that the addi-
tional exemption is necessary for national defense. 
‘‘(B) Each additional exemption under this paragraph 
shall be effective for a period specified by the Secretary of 
Defense, of not more than 2 years.’’. 
SEC. 5. INCIDENTAL TAKINGS OF MARINE MAMMALS IN 
MILITARY READINESS ACTIVITY. 
Section 101(a)(5) of the Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1371(a)(5)) is amended—
(1) in subparagraph (A)—
(A) by striking ‘‘within a specified geo-
graphical region’’;
(B) by striking ‘‘within that region of small 
numbers’’; and 
(C) by adding at the end the following: 
‘‘Notwithstanding the preceding sentence, the Sec-
retary is not required to publish notice under this 
subparagraph with respect to incidental takings while 
engaged in military readiness activities authorized by 
the Secretary of Defense, except in the Federal Reg-
ister.’’; 
(2) in subparagraph (B)—
(A) by striking ‘‘within a specified geo-
graphical region’’; and 
(B) by striking ‘‘within one or more re-
gions’’; and 
(3) in subparagraph (D)—
(A) in clause (i)—
(i) by striking ‘‘within a specific geo-
graphic region’’; 
(ii) by striking ‘‘of small numbers’’; 
and 
(iii) by striking ‘‘within that region’’; 
and 
(B) by adding at the end the following: 
‘‘(vi) Notwithstanding clause (iii), the Secretary 
is not required to publish notice under this subpara-
graph with respect to an authorization under clause 
(i) of incidental takings while engaged in military 
readiness activities authorized by the Secretary of De-
fense, except in the Federal Register.’’.
SEC. 6. LIMITATION ON DEPARTMENT OF DEFENSE RE-
SPONSIBILITY FOR CIVILIAN WATER CON-
SUMPTION IMPACTS ON CRITICAL HABITAT 
OR ENDANGERED SPECIES. 
(a) RULE OF CONSTRUCTION.—For purposes of section 
7 of the Endangered Species Act of 1973 (16 U.S.C. 1536), 
the terms ‘‘action’’ and ‘‘agency action’’, when applied to 
any action of the Department of Defense, shall not include 
water consumption of any kind unless—
(1) such water consumption occurs on a military 
installation, whether the source of the water consumed 
is located on or off the installation; or 
(2) such water consumption occurs off of a mili-
tary installation and the source of the water is under 
the direct control of the Department of Defense. 
(b) VOLUNTARY EFFORTS.—Nothing in this section 
shall prohibit a military installation from voluntarily un-
dertaking efforts to mitigate water use and consumption. 
(c) DEFINITIONS.—In this section: