I 
108TH CONGRESS 
1ST SESSION H. R. 1235
To provide for the management of critical habitat of endangered species 
and threatened species on military installations in a manner compatible 
with the demands of military readiness, to ensure that the application 
of other resource laws on military installations is compatible with military 
readiness, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 12, 2003
Mr. GALLEGLY (for himself and Mr. GIBBONS) 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 deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To provide for the management of critical habitat of endan-
gered species and threatened species on military installa-
tions in a manner compatible with the demands of mili-
tary readiness, to ensure that the application of other 
resource laws on military installations is compatible with 
military readiness, 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 ‘‘Encroachment on Mili-
tary Bases Prevention Act’’. 
SEC. 2. MILITARY READINESS AND THE CONSERVATION OF 
PROTECTED SPECIES. 
(a) LIMITATION
ON DESIGNATION
OF CRITICAL 
HABITAT.—Section 4(a) of the Endangered Species Act 
of 1973 (16 U.S.C. 1533(a)) is amended by adding at the 
end the following new paragraph: 
‘‘(4)(A) The Secretary may not designate as critical 
habitat any lands or other geographical areas owned or 
controlled by the Department of Defense, or designated 
for its use, that are subject to an integrated natural re-
sources management plan prepared under section 101 of 
the Sikes Act (16 U.S.C. 670a), if the Secretary deter-
mines that such plan addresses special management con-
siderations or protection (as those terms are used in sec-
tion 3(5)(A)(i)). 
‘‘(B) Nothing in this paragraph affects the require-
ment to consult under section 7(a)(2) with respect to an 
agency action (as that term is defined in that section). 
‘‘(C) Nothing in this paragraph affects the obligation 
of the Department of Defense to comply with section 9, 
including the prohibition preventing extinction and taking 
of endangered species and threatened species.’’.
(b) CONSIDERATION OF EFFECTS OF DESIGNATION 
OF CRITICAL HABITAT.—Section 4(b)(2) of the Endan-
gered Species Act of 1973 (16 U.S.C. 1533(b)(2)) is 
amended by inserting ‘‘the impact on national security,’’ 
after ‘‘the economic impact,’’. 
SEC. 3. RESTRICTION ON CONSIDERATION OF MILITARY IN-
STALLATIONS IN SPECIAL RESOURCE STUD-
IES. 
Section 8 of Public Law 91–383 (16 U.S.C. 1a–5; 
commonly known as the National Park System General 
Authorities Act) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(g) EXCLUSION
OF
MILITARY
INSTALLATIONS 
FROM SPECIAL RESOURCE STUDIES.—
‘‘(1) NOTIFICATION
OF
SECRETARY
OF
DE-
FENSE.—If a study under this section or any other 
provision of law of an area for potential inclusion in 
the National Park System will include, or the study 
will be expanded to include, the consideration of any 
military lands, the Secretary of the Interior shall 
provide written notice to the Secretary of Defense of 
the exact military lands to be covered by the study. 
The written notice shall be provided not later than 
30 days before the date on which the Secretary of
the Interior will commence the study or expand the 
study to include the military lands. 
‘‘(2) 
AUTHORITY
TO
EXCLUDE
MILITARY 
LANDS.—Upon receipt of written notification under 
paragraph (1), the Secretary of Defense shall evalu-
ate the existing environmental protections for the 
military lands described in the notice and the impor-
tance of the military lands to military readiness and 
preparedness. The Secretary of Defense may require 
the Secretary of the Interior to exclude all or a por-
tion of the military lands from the study if the Sec-
retary of Defense determines that the environmental 
protections for the military lands are sufficient and 
that inclusion of the military lands in the National 
Park System could adversely impact military readi-
ness and preparedness. Notice to the Secretary of 
the Interior shall include the reasons of the Sec-
retary of Defense for requiring the exclusion of the 
military lands. 
‘‘(3) TIME FOR MAKING DETERMINATION; EF-
FECT.—The Secretary of Defense shall make the de-
termination required under paragraph (2), and 
transmit notice of the determination to the Secretary 
of the Interior, before the end of the 90-day period 
beginning on the date on which the Secretary of De-
fense receives the written notice required under 
paragraph (1) of a study that covers military lands. 
If the notice of the Secretary of Defense is timely, 
the Secretary of the Interior may not consider the 
military lands covered by the notice for possible in-
clusion in the National Park System in that study 
or any subsequent study. If the notice is not received 
by the Secretary of the Interior before the end of the 
90-day period, the Secretary of the Interior may 
proceed with the consideration of the military lands 
under the study notwithstanding the determination. 
‘‘(4) MILITARY LANDS.—In this subsection, the 
term ‘military lands’ means lands included as part 
of a military installation, as that term is defined in 
section 100 of the Sikes Act (16 U.S.C. 670).’’. 
SEC. 4. RESTRICTION ON INCLUSION IN NATIONAL MARINE 
SANCTUARIES OF AREAS USED FOR MILI-
TARY READINESS ACTIVITIES. 
(a) IN GENERAL.—Section 305 of the National Ma-
rine Sanctuary Act (16 U.S.C. 1433) is amended—
(1) in subsection (a) in the matter preceding 
paragraph (1) by inserting ‘‘(subject to subsection 
(c))’’ after ‘‘any discrete area of the marine environ-
ment’’; and 
(2) by adding at the end the following: