119-hr65

[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.''.
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