I'll give you the short version of this bill.
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Adds a new subsection (k) to 16 U.S.C. 1539 creating an exclusion from the prohibitions of section 9 for certain takings, damage, injury, or mortality of threatened or endangered species when performed by military personnel engaged in defined "national defense-related operations," and defines the terms "national defense-related operation" and "military personnel."
Replaces the existing subsection limiting critical-habitat exclusions for Department of Defense lands subject to an integrated natural resources management plan with a broader exclusion for military installations and State-owned National Guard installations (as defined in 16 U.S.C. 670) and for other lands designated for use by the Secretary of Defense (including by DoD contractors) when the Secretary of Defense provides a written determination submitted to the Secretary of the Interior that the area is necessary for military purposes; also removes the requirement that the Secretary of Defense consult with the Secretary of the Interior under section 7(a)(2) with respect to such agency action.
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.
Referred to the House Committee on Natural Resources.
Introduced January 3, 2025 by Andrew S. Biggs · Last progress January 3, 2025
Referred to the House Committee on Natural Resources.
Introduced in House