Us Congress 2023-2024 Regular Session

Us Congress House Bill HB97

Introduced
1/9/23  
Refer
1/9/23  

Caption

Armed Forces Endangered Species Exemption Act This bill establishes exemptions from the Endangered Species Act of 1973 (ESA) for defense-related purposes. Specifically, the bill establishes exemptions from the ESA for (1) operations related to national defense, and (2) military personnel engaged in such operations. For example, the bill allows such personnel to take (e.g., harm or kill) endangered or threatened species. In addition, the bill expands restrictions on the Department of the Interior designating defense-related areas as critical habitat. It also exempts the Department of Defense from certain requirements to consult with Interior about critical habitats.

Impact

If enacted, the bill would significantly alter the implementation of the Endangered Species Act in the context of national defense. It would exempt military establishments from common conservation requirements, fundamentally shifting the balance between environmental protection and military operations. Proponents argue that ensuring military readiness is paramount and that this legislation is necessary to facilitate crucial defense-related activities without the delays that regulatory obligations may incur. However, it raises concerns about the potential negative impact on endangered species and critical habitats, as the proposed amendments broaden the scope of military actions that could harm these species.

Summary

House Bill 97, titled the "Armed Forces Endangered Species Exemption Act," proposes amendments to the Endangered Species Act of 1973. The primary objective of the bill is to create exemptions from certain requirements of the Act for military operations related to national defense. This includes allowing military personnel to harm or kill endangered or threatened species, as well as restricting the Secretary of the Interior from designating defense-related lands as critical habitat for any species under the Act. Notably, the bill emphasizes military preparedness and the importance of maintaining operational flexibility for national defense activities.

Contention

The bill has stirred considerable debate amongst lawmakers and environmental advocates. Supporters, primarily from the defense sector, contend that the current safeguards under the Endangered Species Act pose undue constraints on military training and operations, which are essential for national security. In contrast, opponents argue that such exemptions could undermine decades of conservation efforts, further endangering already vulnerable species. Critics highlight that the act could pave the way for increased environmental degradation in sensitive areas, with long-term repercussions on biodiversity. The discussions reflect a fundamental conflict between military needs and environmental preservation, questioning the appropriateness of prioritizing defense operations over ecological considerations.

Companion Bills

No companion bills found.

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