Armed Forces Endangered Species Exemption Act

This proposal would carve out broad exceptions to endangered species rules for the military. It would stop federal wildlife agencies from marking military bases and state-owned National Guard sites as “critical habitat,” and would also block “critical habitat” markings on other lands and waters the Defense Department says it needs for training, weapons testing, or other mission reasons. The Defense Department would not have to consult with the Interior Department about these decisions.

It would also excuse military personnel and certain Defense employees and contractors from rules against harming, killing, moving, or destroying endangered or threatened species when doing national defense–related work. This covers things like testing weapons, training with munitions, general training and preparedness, and other actions the Defense Secretary deems necessary. The exemption applies even if injuries or deaths of protected wildlife are not the goal but happen as a result of the operation, and it can apply on or off base.

• Who is affected: Members of the Armed Forces, Defense Department employees and contractors, and nearby communities and habitats where training and testing occur.
• What changes: Fewer areas near military sites could be marked as protected habitat, and certain military activities would not be limited by endangered species rules.
• When: If enacted, these changes would take effect as part of the Endangered Species Act amendments described in the bill text.