US Federal 2023-2024 Regular Session

US Federal 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.

Previously Filed As

US HB65

Armed Forces Endangered Species Exemption ActThis 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.

US HB200

Forest Information Reform Act or the FIR Act This bill specifies that neither the Department of Agriculture nor the Department of the Interior may be required to reinitiate consultation on a land management plan when a species is listed as threatened or endangered, critical habitat is designated, or new information concerning a listed species or critical habitat becomes available.

US HB94

American Sovereignty and Species Protection Act This bill limits the protection of endangered or threatened species to species that are native to the United States. In addition, the bill prohibits certain funding for endangered or threatened species from being used to acquire lands, waters, or other interests in foreign countries.

US SB171

A bill to remove the lesser prairie-chicken from the lists of threatened species and endangered species published pursuant to the Endangered Species Act of 1973, to amend that Act to exclude the lesser prairie-chicken from the authority of that Act, and for other purposes.

US HB2608

To remove certain species from the lists of threatened species and endangered species published pursuant to the Endangered Species Act of 1973.

US HB102

American Sovereignty and Species Protection Act of 2025This bill limits the protection of endangered or threatened species to species that are native to the United States. In addition, the bill prohibits certain funding for endangered or threatened species from being used to acquire lands, waters, or other interests in foreign countries.

US HB131

Manatee Protection Act of 2023 This bill requires the Department of the Interior to include the West Indian manatee (Trichechus manatus) in the endangered species list and give the species protections provided to endangered species.

US HB130

Trust the Science Act This bill directs the Department of the Interior to remove protections for the gray wolf under the Endangered Species Act of 1973 (ESA). Specifically, the bill requires Interior to reissue the final rule titled Endangered and Threatened Wildlife and Plants; Removing the Gray Wolf (Canis lupus) From the List of Endangered and Threatened Wildlife and published on November 3, 2020. The rule removed the gray wolf in the lower 48 United States, except for the Mexican wolf (C. l. baileyi) subspecies, from the endangered and threatened species list. However, the U.S. District Court for the Northern District of California vacated the rule on February 10, 2022. As a result, the gray wolf reattained the protection status it had prior to the rule's promulgation. The bill also prohibits the reissuance of the rule from being subject to judicial review.

US HB99

Less Imprecision in Species Treatment Act of 2023 or the LIST Act of 2023 This bill revises the process for removing a species from the endangered or threatened species lists. A species must be removed from the endangered or threatened species lists if the Department of the Interior produces or receives substantial scientific or commercial information demonstrating that the species is recovered or that recovery goals set for the species have been met. The publication and notice of a proposed regulation to remove a species from the lists must consist solely of a notice of the removal. The bill establishes a process for removing species from the lists if they were erroneously or wrongfully listed. The bill prohibits a person from submitting a petition to list a species as a threatened or endangered species for 10 years if the person knowingly submitted a petition with information that was inaccurate beyond scientifically reasonable margins of error, fraudulent, or misrepresentative.

US HB587

To remove the lesser prairie-chicken from the lists of threatened species and endangered species published pursuant to the Endangered Species Act of 1973 and to amend that Act to exclude the lesser prairie-chicken from the authority of that Act.

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