H.R. 65: Armed Forces Endangered Species Exemption Act

This bill, titled the Armed Forces Endangered Species Exemption Act, proposes amendments to the Endangered Species Act of 1973. The main objectives of the bill are:

1. Exclusion of Military Areas from Critical Habitat Designation

The bill prohibits the designation of certain lands as critical habitat for endangered or threatened species if these lands are used for national defense purposes. Specifically, it states that:

• Military installations and State-owned National Guard facilities cannot be designated as critical habitats.
• Any area that is considered essential for military training, weapons testing, or other defense-related activities may also not be designated, provided that a written determination is issued by the Secretary of Defense.

2. Consultation Requirements

The bill removes the requirement for the Secretary of Defense to consult with the Secretary of the Interior when it comes to agency actions regarding these military areas.

3. Exclusions for Defense-Related Operations

The bill introduces additional exclusions and exemptions regarding the taking or harming of endangered or threatened species during national defense operations. Specifically, it states that:

• Military personnel engaged in national defense operations are exempt from prohibitions against taking, harming, damaging, or destroying endangered or threatened species.
• This exemption applies regardless of whether the operation occurs on a military installation or other designated area.

4. Definition of National Defense-Related Operations

For clarity, the bill defines 'national defense-related operation' as including:

• Research, development, testing, and evaluation of military munitions and weapons systems.
• Training of Armed Forces in the handling and usage of military munitions.
• General military training and preparedness.
• Any action deemed necessary by the Secretary of Defense to support the Department of Defense's mission.

5. Definition of Military Personnel

The term 'military personnel' includes:

• Members of the Armed Forces.
• Civilian employees or contractors of the Department of Defense or any related Federal agency, specifically in roles that support the Department of Defense overseas.

Summary

This legislation aims to provide the military with broader exemptions from the Endangered Species Act to facilitate national defense activities by removing certain regulatory burdens regarding endangered species protections within military contexts.

Relevant Companies

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