To amend the Endangered Species Act of 1973 to further restrict the Secretary of the Interior from designating certain lands used for national defense-related purposes as critical habitat for any species under that Act and to broaden exclusions and exemptions from that Act for such defense-related purposes.
1/8/2025, 1:39 PMSummary of Bill HR 65
Bill 119 hr 65, also known as the "Endangered Species Act Amendments of 2021," aims to make changes to the Endangered Species Act of 1973 in relation to lands used for national defense-related purposes. The bill seeks to restrict the Secretary of the Interior from designating certain lands as critical habitat for any species under the Act if they are used for national defense-related purposes. Additionally, the bill aims to broaden exclusions and exemptions from the Act for defense-related purposes.The purpose of this bill is to balance the protection of endangered species with the needs of national defense. By restricting the designation of critical habitat on lands used for defense-related purposes, the bill aims to prevent potential conflicts between conservation efforts and national security interests. The bill also seeks to provide more flexibility for defense-related activities by broadening exclusions and exemptions from the Act.
Overall, Bill 119 hr 65 addresses the intersection of conservation and national defense, seeking to ensure that both priorities are taken into account when implementing the Endangered Species Act. The bill aims to strike a balance between protecting endangered species and supporting national security efforts.
Congressional Summary of HR 65
Armed Forces Endangered Species Exemption Act
This bill establishes exemptions from the Endangered Species Act of 1973 (ESA) for defense-related operations.
First, the bill prohibits the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) from designating military installations or state-owned National Guard installations as critical habitat under the ESA. It also prohibits FWS and NMFS from designating other lands, waters, or geographical areas as critical habitats if the Department of Defense (DOD) determines that the areas are necessary for military training, weapons testing, or other reasons. While DOD must submit such determinations in writing to the FWS, DOD is not required to consult with the FWS under the ESA about such determinations.
Next, the bill exempts military personnel engaged in national defense-related operations (actions or duties that DOD deems necessary to support its mission) from ESA prohibitions on (1) taking (e.g., harming or killing) of endangered species or threatened species; (2) importing or exporting such species; and (3) damaging, destroying, removing, cutting, or digging up such species. Further, the bill exempts any injury to or mortality of a threatened or endangered species that results from, but is not the purpose of, a national defense-related operation.
The term military personnel means a member of the Armed Forces as well as a civilian employee or contractor of (1) DOD; or (2) any other federal agency, or any provisional authority, to the extent such employment relates to supporting the mission of DOD overseas.
