H.R. 4043House112th Congress (2011-2013)In Committee

Military Readiness and Southern Sea Otter Conservation Act

Introduced February 15, 2012

Legislative Activity

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8 earlier actions
HouseCommittee Latest Action

Reported (Amended) by the Committee on Natural Resources. H. Rept. 112-606, Part I.

July 17, 2012

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HouseIntro Referral

Introduced in House

February 15, 2012

HouseIntro Referral

Referred to the Committee on Armed Services, and in addition to the Committee on Natural Resources, 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.

February 15, 2012

HouseCommittee

Referred to the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs.

February 28, 2012

HouseCommittee

Referred to the Subcommittee on Readiness.

March 15, 2012

HouseCommittee

Subcommittee Hearings Held.

April 19, 2012

HouseCommittee

Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs Discharged.

May 16, 2012

HouseCommittee

Committee Consideration and Mark-up Session Held.

May 16, 2012

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 24 - 13.

May 16, 2012

HouseCommittee

Reported (Amended) by the Committee on Natural Resources. H. Rept. 112-606, Part I.

July 17, 2012

Floor Debate

24 members

What members said about H.R. 4043 on the floor

12 Republicans12 Democrats
Adam Smith
Rep. Adam SmithD-WA-9 · May 17, 2012

I am going to have to be quick because, first of all, I want to address the issue about the so-called ``open mic incident.'' I do thank Mr. Turner for accurately describing what happened, but he is…

Howard P. "Buck" McKeon
Rep. Howard P. "Buck" McKeonR-CA-25 · May 17, 2012

Mr. Chairman, I rise to claim time in opposition to the gentleman's amendment. I just might note that the B 52s that have been around that their grandchildren are flying now that the original pilots…

Edward J. Markey
Rep. Edward J. MarkeyD-MA-7 · May 17, 2012

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield myself such time as I may consume, and I rise in support of my amendment. Here's what my amendment says: Why are we building a new…

Jared Polis
Rep. Jared PolisD-CO-2 · May 17, 2012

Mr. Chair, I have an amendment at the desk. I yield myself such time as I may consume. Mr. Chair, my amendment would reduce funding for the failed Ground- based Midcourse Defense (GMD) program by…

Madeleine Z. Bordallo
Rep. Madeleine Z. BordalloD-GU · May 17, 2012

Mr. Chairman, I oppose amendment No. 11. It would delay research and development funding for the NextGen bomber. The bomber is critical to replacing an aging fleet. The new bomber is needed so we…

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Michael R. Turner
Rep. Michael R. TurnerR-OH-3 · May 17, 2012

This is the first in a number of amendments that are going to come from the other side of the aisle which are targeted at weakening our national missile defense system. This is at a time that we see…

Rush Holt
Rep. Rush HoltD-NJ-12 · May 17, 2012

Mr. Chair, I want to thank Chairman McKeon and Ranking Member Smith for accepting this amendment. When the long-running problems at the Dover Port Mortuary were revealed to the public last year, all…

Barney Frank
Rep. Barney FrankD-MA-4 · May 17, 2012

Mr. Chairman, this is a bill that illustrates an old saying: Adding insult to injury. The insult is the terms under which we are debating this vast commitment of taxpayer dollars to the most…

John Fleming
Rep. John FlemingR-LA-4 · May 17, 2012

I thank the gentleman for yielding. Delaying development of the new bomber for 10 years would put the average age of the bomber fleet over 50 years old by the time a new bomber was fielded, our…

Lynn A. Westmoreland
Rep. Lynn A. WestmorelandR-GA-3 · May 17, 2012

Mr. Chair, I rise to commend the Armed Services Committee on their good work in a number of areas in the National Defense Authorization Act for Fiscal Year 2013, but I have a concern with the report…

Doug Lamborn
Rep. Doug LambornR-CO-5 · May 17, 2012

I thank the gentleman from Texas. I do have the honor of representing Colorado Springs in my congressional district, which has the Missile Defense Agency and some of these other important assets for…

Leonard L. Boswell
Rep. Leonard L. BoswellD-IA-3 · May 17, 2012

Mr. Chairman, I rise in support of the en bloc for a couple of reasons I think are very important to all of us. As we know, the amendment that I'm concerned with and talking about has to do with the…

Bob Filner
Rep. Bob FilnerD-CA-51 · May 17, 2012

Mr. Chair, on rollcall 263, I was away from the Capitol due to prior commitments to my constituents. Had I been present, I would have voted ``aye.'' (By unanimous consent, Mr. Miller of Florida was…

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Vicky Hartzler
Rep. Vicky HartzlerR-MO-4 · May 17, 2012

I think this amendment is very curious when the Secretary of Defense came out with a new defense strategy last year, and they came out and said that the long-range strike fighter is one of their top…

Rosa L. DeLauro
Rep. Rosa L. DeLauroD-CT-3 · May 17, 2012

I rise in support of this amendment. It includes my amendment, prohibiting the Defense Department from purchasing helicopters, directly or indirectly, for the Afghan security forces from any entity…

Michael G. Grimm
Rep. Michael G. GrimmR-NY-13 · May 17, 2012

I thank the chairman. I rise today in support of my amendment. We know that the DOD faces a difficult challenge in balancing cuts with our national security strategy. However, the proposed…

Mike Ross
Rep. Mike RossD-AR-4 · May 17, 2012

I thank the gentleman from Florida. Let me just say that the Congressional Sportsmen's Caucus is one of the largest bipartisan caucuses within the Congress. I think the work we do together is very…

Jason Altmire
Rep. Jason AltmireD-PA-4 · May 17, 2012

Mr. Chairman, in March, ``NBC News'' ran a story about a soldier who was charged $41 for a three-second voicemail he left his wife from a pay phone in an airplane in Germany. This is simply…

Mac Thornberry
Rep. Mac ThornberryR-TX-13 · May 17, 2012

I ask unanimous consent to control the time of the gentleman from California, Mr. Chairman. Mr. Chairman, I yield 1 minute to the gentlewoman from Missouri (Mrs. Hartzler), a member of the committee.…

Trent Franks
Rep. Trent FranksR-AZ-2 · May 17, 2012

I thank the gentleman. It can't be emphasized too often that our Ground-based Midcourse Defense is the only tested system that we have that defends the homeland of the United States against the most…

Jeff Flake
Rep. Jeff FlakeR-AZ-6 · May 17, 2012

I thank the gentleman for yielding, and I thank him for including in this en bloc amendment an amendment that I and the gentleman from South Carolina (Mr. Mulvaney) offered to ensure that we budget…

Jeff Miller
Rep. Jeff MillerR-FL-1 · May 17, 2012

Mr. Chairman, a couple of days ago we had the 20th Annual Congressional Sportsmen's Shoot-Out. I'm pleased to say, for the majority side of the aisle, that we actually were able to return the trophy…

Kristi L. Noem
Rep. Kristi L. NoemR-SD · May 17, 2012

Mr. Speaker, earlier today I was on this House floor commemorating the 70th anniversary of Ellsworth Air Force Base, which is in my great State of South Dakota. Our bomber fleet, the average age is…

Robert E. Andrews
Rep. Robert E. AndrewsD-NJ-1 · May 17, 2012

Everyone here is alarmed, Mr. Chairman, about the possibility of a nuclear attack on the United States. We also should be alarmed about sticking to the facts in the debate. The fact is we are talking…

Bill Text

Latest available legislative text

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Introduced in HouseIssued February 15, 2012

I

112th CONGRESS

2d Session

H. R. 4043

IN THE HOUSE OF REPRESENTATIVES

February 15, 2012

Mr. Gallegly introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Natural Resources, 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

A BILL

To amend title 10, United States Code, to direct the Secretary of Defense to establish Southern Sea Otter Military Readiness Areas for national defense purposes, and for other purposes.

1.

Short title

This Act may be cited as the Military Readiness and Southern Sea Otter Conservation Act.

2.

Southern Sea Otter Military Readiness and Conservation Act

(a)

Findings and purpose

The Congress finds and declares the following:

(1)

The United States Fish and Wildlife Service—

(A)

developed a relocation and management plan for southern sea otters as authorized by Public Law 99–625 (Nov. 7, 1986, 100 Stat. 3500);

(B)

promulgated governing regulations on August 11, 1987 (52 Fed. Reg. 29754), in accordance with section 1(b) of Public Law 99–625; and

(C)

has administered the plan since August 1987.

(2)

National defense-related activities at San Nicolas Island have not had adverse affects on southern sea otters, but continued expansion of the southern sea otter population into the area designated by Public Law 99–625 as the management zone may result in national security impacts. Military training programs evolve, as they are linked to real world events, necessitating greater flexibility in the types and amounts of training events the military departments conduct.

(3)

Sikes Act Compliant Integrated Natural Resources Management Plans for military installations in California adequately address the special management needs of threatened and endangered species, and provide conservation benefits to the near shore marine environments through watershed and land-based management actions.

(4)

Public Law 99–625 provided the authority under the Endangered Species Act of 1973 and the Marine Mammal Protection Act of 1972 for otters established at San Nicolas Island to be designated a nonessential experimental population and this designation should be continued to provide for the flexibility needed for military readiness requirements guaranteed by Public Law 99–625.

(b)

Purpose

The purpose of this section is to enhance conservation of the southern sea otter and its growth toward an optimum sustainable population while allowing reasonable assurances for military readiness activities, as defined in section 315(f) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2509; 16 U.S.C. 703 note), to continue.

(c)

Establishment of the southern sea otter military readiness areas

Chapter 136 of title 10, United States Code, is amended by adding at the end the following new section:

2283.

Establishment of the Southern Sea Otter Military Readiness Areas

(a)

Establishment

The Secretary of Defense shall establish Southern Sea Otter Military Readiness Areas for national defense purposes, consisting of—

(1)

the area that includes Naval Base Ventura County San Nicolas Island and Begg Rock, and the adjacent and surrounding waters within the following coordinates:

  • N. Latitude/W. Longitude
  • 33°27.8′/119°34.3′
  • 33°20.5′/119°15.5′
  • 33°13.5′/119°11.8′
  • 33°06.5′/119°15.3′
  • 33°02.8′/119°26.8′
  • 33°08.8′/119°46.3′
  • 33°17.2′/119°56.9′
  • 33°30.9′/119°54.2′;
(2)

that area that includes Naval Base Coronado San Clemente Island and the adjacent and surrounding waters running parallel to shore to 3 nautical miles from the high tide line designated by 33 C.F.R. part 165 on May 20, 2010, as the San Clemente Island 3NM Safety Zone; and

(3)

that area that includes Marine Corps Base Camp Pendleton and the adjacent waters within the following coordinates:

  • Latitude/W. Longitude
  • 33°26.6′/117°38.9′
  • 33°21.3′/117°45.8′
  • 33°56.2′/117°39.7′
  • 33°6.5′/117°28.5′
  • 33°10.2′/117°23.7′
  • 33°11.8′/117°23.2′
  • 33°26.6′/117°38.9′.
(b)

Activities within the southern sea otter military readiness areas

(1)

Incidental takings under Endangered Species Act of 1973

Sections 4 and 9 of the Endangered Species Act of 1973 (16 U.S.C. 1533, 1538) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting a military readiness activity.

(2)

Incidental takings under Marine Mammal Protection Act of 1972

Sections 101 and 102 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371, 1372) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting military readiness activities.

(3)

Treatment as species proposed to be listed

For purposes of any military readiness activity, any southern sea otter while within the Southern Sea Otter Military Readiness Areas shall be treated for the purposes of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) as a member of a species that is proposed to be listed as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533).

(c)

Removal

Nothing in this section or any other Federal law shall be construed to require that any southern sea otter located within the Southern Sea Otter Military Readiness Areas as of the effective date of this section or thereafter be removed from the Areas.

(d)

Revision or termination of exceptions

The Secretary of the Interior may revise or terminate the application of subsection (b) if the Secretary, in consultation with, and with the concurrence of, the Secretary of the Navy, determines that military activities authorized under subsection (b) are substantially impeding southern sea otter conservation or the return of southern sea otters to optimum sustainable population levels.

(e)

Monitoring

(1)

In general

The Secretary of the Navy shall monitor the Southern Sea Otter Military Readiness Areas not less than every three years to measure the growth or decline of the southern sea otter population.

(2)

Reports

Within 24 months after the effective date of this section and every three years thereafter, the Secretary of the Navy shall report to Congress and the public on monitoring undertaken pursuant to paragraph (1).

(f)

Relationship to other Federal law

Except as provided in subsections (a) and (b), nothing in this section shall be construed as repealing, superseding, or modifying any provision of Federal law.

(g)

Ecosystem management

(1)

ecosystem management plan

Consistent with Public Law 99–625 and the notice and comment provisions of chapter 5 of title 5, the Director of the United States Fish and Wildlife Service and the Director of the National Marine Fisheries Service, in cooperation with the Marine Mammal Commission, shall develop an ecosystem management plan that, for waters off the coast of California, ensures—

(A)

the recovery of the southern sea otter;

(B)

the recovery of the endangered black abalone and the endangered white abalone; and

(C)

the commercial harvest of shellfish fisheries at levels approximating current harvests.

(2)

assessment of carrying capacity

The Director of the United States Fish and Wildlife Service shall, within one year after the effective date of this section, assess the carrying capacity of the habitat for southern sea otters, including an assessment of the impacts of water quality on that carrying capacity and the causes of water quality degradation.

(3)

continued implementation of existing plan

The Director of the United States Fish and Wildlife Service shall continue implementing the relocation and management plan for southern sea otters authorized by Public Law 99–625 (100 Stat. 3500) until the date the management plan and assessment required under paragraphs (1) and (2), respectively, are completed.

(h)

Definitions

In this section:

(1)

Incidental taking

The term incidental taking means any take of a southern sea otter that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.

(2)

Optimum sustainable population

The term optimum sustainable population means, with respect to any population stock, the number of animals that will result in the maximum productivity of the population or the species, keeping in mind the carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element.

(3)

Southern sea otter

The term southern sea otter means any member of the subspecies Enhydra lutris nereis.

(4)

Take

The term take

(A)

when used in reference to activities subject to regulation by the Endangered Species Act of 1973 (16 U.S.C. 1531–1544) shall have the meaning given such term in that statute; and

(B)

when used in reference to activities subject to regulation by the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361–1423h), shall have the meaning given such term in that statute.

(5)

Military readiness activity

The term military readiness activity has the meaning given that term in section 315(f) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2509; 16 U.S.C. 703 note), and includes all training and operations of the Armed Forces that relate to combat, and the adequate and realistic testing of military equipment, vehicles, weapons, and sensors for proper operation and suitability for combat use.

.

(d)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following:

.