[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1835 Reported in House (RH)]
Union Calendar No. 77
108th CONGRESS
1st Session
H. R. 1835
[Report No. 108-99, Part I]
To amend the Endangered Species Act of 1973 to limit designation as
critical habitat of areas owned or controlled by the Department of
Defense, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 29, 2003
Mr. Gallegly (for himself, Mr. Pombo, Mr. Gibbons, and Mr. Young of
Alaska) introduced the following bill; which was referred to the
Committee on Resources, and in addition to the Committee on Armed
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
May 14, 2003
Reported from the Committee on Resources with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
May 14, 2003
Referral to the Committee on Armed Services extended for a period
ending not later than June 13, 2003
June 13, 2003
Additional sponsor: Mr. Cole
June 13, 2003
The Committee on Armed Services discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on April
29, 2003]
_______________________________________________________________________
A BILL
To amend the Endangered Species Act of 1973 to limit designation as
critical habitat of areas owned or controlled by the Department of
Defense, and for other 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 ``National Security Readiness Act of
2003''.
SEC. 2. MILITARY READINESS AND THE CONSERVATION OF PROTECTED SPECIES.
(a) Designation of Critical Habitat.--Section 4(a)(3) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is amended by
striking ``prudent and determinable'' and inserting ``necessary''.
(b) Limitation on Designation of Critical Habitat.--Section 4(a)(3)
of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is
amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by inserting ``(A)'' after ``(3)''; and
(3) by adding at the end the following:
``(B)(i) The Secretary shall not designate as critical habitat any
lands or other geographical areas owned or controlled by the Department
of Defense, or designated for its use, that are subject to an
integrated natural resources management plan prepared under section 101
of the Sikes Act (16 U.S.C. 670a), if the Secretary determines that
such plan addresses special management considerations or protection (as
those terms are used in section 3(5)(A)(i)).
``(ii) Nothing in this paragraph affects the requirement to consult
under section 7(a)(2) with respect to an agency action (as that term is
defined in that section).
``(iii) Nothing in this paragraph affects the obligation of the
Department of Defense to comply with section 9, including the
prohibition preventing extinction and taking of endangered species and
threatened species.''.
(c) Consideration of Effects of Designation of Critical Habitat.--
Section 4(b)(2) of the Endangered Species Act of 1973 (16 U.S.C.
1533(b)(2)) is amended by inserting ``the impact on national
security,'' after ``the economic impact,''.
SEC. 3. AMENDMENT TO DEFINITION OF HARASSMENT UNDER MARINE MAMMAL
PROTECTION ACT OF 1972.
Section 3(18) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1362(18)) is amended by striking the matter preceding
subparagraph (B) and inserting the following:
``(18)(A) The term `harassment' means--
``(i) any act that injures or has the significant
potential to injure a marine mammal or marine mammal
stock in the wild; or
``(ii) any act that disturbs or is likely to
disturb a marine mammal or marine mammal stock in the
wild by causing disruption of natural behavioral
patterns, including, but not limited to, migration,
surfacing, nursing, breeding, feeding, or sheltering,
to a point where such behavioral patterns are abandoned
or significantly altered.''.
SEC. 4. EXEMPTION OF ACTIONS NECESSARY FOR NATIONAL DEFENSE.
Section 101 of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1371) is amended by inserting after subsection (e) the following:
``(f) Exemption of Actions Necessary for National Defense.--(1) The
Secretary of Defense, after conferring with the Secretary of Commerce,
the Secretary of the Interior, or both, as appropriate, may exempt any
action or category of actions undertaken by the Department of Defense
or its components from compliance with any requirement of this Act, if
the Secretary determines that it is necessary for national defense.
``(2) An exemption granted under this subsection--
``(A) subject to subparagraph (B), shall be effective for a
period specified by the Secretary of Defense; and
``(B) shall not be effective for more than 2 years.
``(3)(A) The Secretary of Defense may issue additional exemptions
under this subsection for the same action or category of actions,
after--
``(i) conferring with the Secretary of Commerce, the
Secretary of the Interior, or both as appropriate; and
``(ii) making a new determination that the additional
exemption is necessary for national defense.
``(B) Each additional exemption under this paragraph shall be
effective for a period specified by the Secretary of Defense, of not
more than 2 years.''.
SEC. 5. INCIDENTAL TAKINGS OF MARINE MAMMALS IN MILITARY READINESS
ACTIVITY.
Section 101(a)(5) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1371(a)(5)) is amended--
(1) in subparagraph (A)--
(A) by striking ``within a specified geographical
region'';
(B) by striking ``within that region of small
numbers''; and
(C) by adding at the end the following:
``Notwithstanding the preceding sentence, the Secretary is not
required to publish notice under this subparagraph with respect
to incidental takings while engaged in military readiness
activities authorized by the Secretary of Defense, except in
the Federal Register.'';
(2) in subparagraph (B)--
(A) by striking ``within a specified geographical
region''; and
(B) by striking ``within one or more regions''; and
(3) in subparagraph (D)--
(A) in clause (i)--
(i) by striking ``within a specific
geographic region'';
(ii) by striking ``of small numbers''; and
(iii) by striking ``within that region'';
and
(B) by adding at the end the following:
``(vi) Notwithstanding clause (iii), the Secretary is not
required to publish notice under this subparagraph with respect
to an authorization under clause (i) of incidental takings
while engaged in military readiness activities authorized by
the Secretary of Defense, except in the Federal Register.''.
SEC. 6. LIMITATION ON DEPARTMENT OF DEFENSE RESPONSIBILITY FOR CIVILIAN
WATER CONSUMPTION IMPACTS ON CRITICAL HABITAT OR
ENDANGERED SPECIES.
(a) Rule of Construction.--For purposes of section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536), the terms ``action''
and ``agency action'', when applied to any action of the Department of
Defense, shall not include water consumption of any kind unless--
(1) such water consumption occurs on a military
installation, whether the source of the water consumed is
located on or off the installation; or
(2) such water consumption occurs off of a military
installation and the source of the water is under the direct
control of the Department of Defense.
(b) Voluntary Efforts.--Nothing in this section shall prohibit a
military installation from voluntarily undertaking efforts to mitigate
water use and consumption.
(c) Definitions.--In this section:
(1) The term ``military installation'' has the meaning
given such term in section 2687(e) of title 10, United States
Code.
(2) The term ``water consumption'' means the use of water,
from any source, for human purposes of any kind, including
household or industrial use, irrigation, or landscaping.
(d) Effective Date.--This section applies only to Department of
Defense actions regarding which consultation or reconsultation under
section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) is
first required on or after the date of the enactment of this Act.
Union Calendar No. 77
108th CONGRESS
1st Session
H. R. 1835
[Report No. 108-99, Part I]
_______________________________________________________________________
A BILL
To amend the Endangered Species Act of 1973 to limit designation as
critical habitat of areas owned or controlled by the Department of
Defense, and for other purposes.
_______________________________________________________________________
June 13, 2003
The Committee on Armed Services discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed