Armed Forces Endangered Species Exemption Act
Armed Forces Endangered Species Exemption Act
Plain Language Summary
# Armed Forces Endangered Species Exemption Act - Summary **What the Bill Would Do** This bill would allow the U.S. military to operate without some restrictions imposed by the Endangered Species Act. Specifically, it would prevent federal agencies from designating military bases or training areas as protected habitats for endangered species if the Department of Defense says those lands are needed for military operations, weapons testing, or training. The bill would also exempt military personnel from laws against harming or killing endangered species during national defense activities. **Who It Affects and Key Provisions** The bill primarily affects the Department of Defense, wildlife protection agencies (Fish and Wildlife Service and National Marine Fisheries Service), and potentially endangered species whose habitats overlap with military operations.
A major provision is that the Defense Department wouldn't need to consult with wildlife agencies before making these determinations—they would simply notify them. The military would have broad discretion to define what counts as "necessary for national defense." **Current Status** The bill (HR 65) was introduced by Representative Andy Biggs (R-AZ) in the 119th Congress and is currently in committee, meaning it has not yet been voted on by the full House. It has not advanced to passage.
CRS Official Summary
Armed Forces Endangered Species Exemption ActThis bill establishes exemptions from the Endangered Species Act of 1973 (ESA) for defense-related operations.First, the bill prohibits the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) from designating military installations or state-owned National Guard installations as critical habitat under the ESA. It also prohibits FWS and NMFS from designating other lands, waters, or geographical areas as critical habitats if the Department of Defense (DOD) determines that the areas are necessary for military training, weapons testing, or other reasons. While DOD must submit such determinations in writing to the FWS, DOD is not required to consult with the FWS under the ESA about such determinations. Next, the bill exempts military personnel engaged in national defense-related operations (actions or duties that DOD deems necessary to support its mission) from ESA prohibitions on (1) taking (e.g., harming or killing) of endangered species or threatened species; (2) importing or exporting such species; and (3) damaging, destroying, removing, cutting, or digging up such species. Further, the bill exempts any injury to or mortality of a threatened or endangered species that results from, but is not the purpose of, a national defense-related operation.The term military personnel means a member of the Armed Forces as well as a civilian employee or contractor of (1) DOD; or (2) any other federal agency, or any provisional authority, to the extent such employment relates to supporting the mission of DOD overseas.
Latest Action
Referred to the House Committee on Natural Resources.