[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1235 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1235

To provide for the management of critical habitat of endangered species 
and threatened species on military installations in a manner compatible 
with the demands of military readiness, to ensure that the application 
  of other resource laws on military installations is compatible with 
              military readiness, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 12, 2003

  Mr. Gallegly (for himself and Mr. Gibbons) 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

_______________________________________________________________________

                                 A BILL


 
To provide for the management of critical habitat of endangered species 
and threatened species on military installations in a manner compatible 
with the demands of military readiness, to ensure that the application 
  of other resource laws on military installations is compatible with 
              military readiness, 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 ``Encroachment on Military Bases 
Prevention Act''.

SEC. 2. MILITARY READINESS AND THE CONSERVATION OF PROTECTED SPECIES.

    (a) Limitation on Designation of Critical Habitat.--Section 4(a) of 
the Endangered Species Act of 1973 (16 U.S.C. 1533(a)) is amended by 
adding at the end the following new paragraph:
    ``(4)(A) The Secretary may 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)).
    ``(B) 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).
    ``(C) 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.''.
    (b) 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. RESTRICTION ON CONSIDERATION OF MILITARY INSTALLATIONS IN 
              SPECIAL RESOURCE STUDIES.

    Section 8 of Public Law 91-383 (16 U.S.C. 1a-5; commonly known as 
the National Park System General Authorities Act) is amended by adding 
at the end the following new subsection:
    ``(g) Exclusion of Military Installations From Special Resource 
Studies.--
            ``(1) Notification of secretary of defense.--If a study 
        under this section or any other provision of law of an area for 
        potential inclusion in the National Park System will include, 
        or the study will be expanded to include, the consideration of 
        any military lands, the Secretary of the Interior shall provide 
        written notice to the Secretary of Defense of the exact 
        military lands to be covered by the study. The written notice 
        shall be provided not later than 30 days before the date on 
        which the Secretary of the Interior will commence the study or 
        expand the study to include the military lands.
            ``(2) Authority to exclude military lands.--Upon receipt of 
        written notification under paragraph (1), the Secretary of 
        Defense shall evaluate the existing environmental protections 
        for the military lands described in the notice and the 
        importance of the military lands to military readiness and 
        preparedness. The Secretary of Defense may require the 
        Secretary of the Interior to exclude all or a portion of the 
        military lands from the study if the Secretary of Defense 
        determines that the environmental protections for the military 
        lands are sufficient and that inclusion of the military lands 
        in the National Park System could adversely impact military 
        readiness and preparedness. Notice to the Secretary of the 
        Interior shall include the reasons of the Secretary of Defense 
        for requiring the exclusion of the military lands.
            ``(3) Time for making determination; effect.--The Secretary 
        of Defense shall make the determination required under 
        paragraph (2), and transmit notice of the determination to the 
        Secretary of the Interior, before the end of the 90-day period 
        beginning on the date on which the Secretary of Defense 
        receives the written notice required under paragraph (1) of a 
        study that covers military lands. If the notice of the 
        Secretary of Defense is timely, the Secretary of the Interior 
        may not consider the military lands covered by the notice for 
        possible inclusion in the National Park System in that study or 
        any subsequent study. If the notice is not received by the 
        Secretary of the Interior before the end of the 90-day period, 
        the Secretary of the Interior may proceed with the 
        consideration of the military lands under the study 
        notwithstanding the determination.
            ``(4) Military lands.--In this subsection, the term 
        `military lands' means lands included as part of a military 
        installation, as that term is defined in section 100 of the 
        Sikes Act (16 U.S.C. 670).''.

SEC. 4. RESTRICTION ON INCLUSION IN NATIONAL MARINE SANCTUARIES OF 
              AREAS USED FOR MILITARY READINESS ACTIVITIES.

    (a) In General.--Section 305 of the National Marine Sanctuary Act 
(16 U.S.C. 1433) is amended--
            (1) in subsection (a) in the matter preceding paragraph (1) 
        by inserting ``(subject to subsection (c))'' after ``any 
        discrete area of the marine environment''; and
            (2) by adding at the end the following:
    ``(c) Restriction on Inclusion of Areas Used for Military Readiness 
Activities.--The Secretary may not designate as a national marine 
sanctuary, or add to an existing national marine sanctuary, any area 
that the Secretary of Defense has designated for use for military 
readiness activities, including any area the use or navigation of which 
is prohibited under regulations issued by the Secretary of the Army 
under the first section of chapter XIX of the Act of July 9, 1918 (33 
U.S.C. 3), popularly known as the Army Appropriation Act of 1919.''.
    (b) Application.--The amendment made by subsection (a) shall not 
apply with respect to any designation of an area as, or addition of an 
area to, a national marine sanctuary that takes effect before the date 
of the enactment of this Act.
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