[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1835 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1835

  To amend the Endangered Species Act of 1973 to limit designation as 
  critical habitat of areas owned or controlled by the Department of 
                    Defense, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2003

  Mr. Gallegly (for himself, Mr. Pombo, Mr. Gibbons, and Mr. Young of 
   Alaska) 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 amend the Endangered Species Act of 1973 to limit designation as 
  critical habitat of areas owned or controlled by the Department of 
                    Defense, 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 ``National Security Readiness Act of 
2003''.

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

    (a) Policy Regarding Duties of Federal Departments and Agencies.--
Section 2(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 
1531(c)(1)) by inserting after ``threatened species'' the following: 
``insofar as is practicable and consistent with their primary 
purposes''.
    (b) Designation of Critical Habitat.--Section 4(a)(3) of the 
Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is amended by 
striking ``prudent and determinable'' and inserting ``necessary''.
    (c) Limitation on Designation of Critical Habitat.--Section 4(a)(3) 
of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is 
amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively;
            (2) by inserting ``(A)'' after ``(3)''; and
            (3) by adding at the end the following:
    ``(B)(i) The Secretary shall 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)).
    ``(ii) 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).
    ``(iii) 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.''.
    (d) 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. AMENDMENT TO DEFINITION OF HARASSMENT UNDER MARINE MAMMAL 
              PROTECTION ACT OF 1972.

    Section 3(18) of the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1362(18)) is amended--
            (1) by striking the matter preceding subparagraph (B) and 
        inserting the following:
            ``(18)(A) The term `harassment' means--
                    ``(i) any act that injures or has the significant 
                potential to injure a marine mammal or marine mammal 
                stock in the wild;
                    ``(ii) any act that disturbs or is likely to 
                disturb a marine mammal or marine mammal stock in the 
                wild by causing disruption of natural behavioral 
                patterns, including, but not limited to, migration, 
                surfacing, nursing, breeding, feeding, or sheltering, 
                to a point where such behavioral patterns are abandoned 
                or significantly altered; or
                    ``(iii) any act that is directed toward a specific 
                individual, group, or stock of marine mammals in the 
                wild and that is likely to disturb the individual, 
                group, or stock of marine mammals by disrupting 
                behavior, including, but not limited to, migration, 
                surfacing, nursing, breeding, feeding, or 
                sheltering.''; and
            (2) in subparagraph (C) by striking ``(A)(ii)'' and 
        inserting ``(A) (ii) or (iii)''.

SEC. 4. EXEMPTION OF ACTIONS NECESSARY FOR NATIONAL DEFENSE.

    Section 101 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 
1371) is amended by inserting after subsection (e) the following:
    ``(f) Exemption of Actions Necessary for National Defense.--(1) The 
Secretary of Defense, after conferring with the Secretary of Commerce, 
the Secretary of the Interior, or both, as appropriate, may exempt any 
action or category of actions undertaken by the Department of Defense 
or its components from compliance with any requirement of this Act, if 
the Secretary determines that it is necessary for national defense.
    ``(2) An exemption granted under this subsection--
            ``(A) subject to subparagraph (B), shall be effective for a 
        period specified by the Secretary of Defense; and
            ``(B) shall not be effective for more than 2 years.
    ``(3)(A) The Secretary of Defense may issue additional exemptions 
under this subsection for the same action or category of actions, 
after--
            ``(i) conferring with the Secretary of Commerce, the 
        Secretary of the Interior, or both as appropriate; and
            ``(ii) making a new determination that the additional 
        exemption is necessary for national defense.
    ``(B) Each additional exemption under this paragraph shall be 
effective for a period specified by the Secretary of Defense, of not 
more than 2 years.''.

SEC. 5. INCIDENTAL TAKINGS OF MARINE MAMMALS IN MILITARY READINESS 
              ACTIVITY.

    Section 101(a)(5) of the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1371(a)(5)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``within a specified geographical 
                region'';
                    (B) by striking ``within that region of small 
                numbers''; and
                    (C) by adding at the end the following:
``Notwithstanding the preceding sentence, the Secretary is not required 
to publish notice under this subparagraph with respect to incidental 
takings while engaged in military readiness activities authorized by 
the Secretary of Defense, except in the Federal Register.'';
            (2) in subparagraph (B)--
                    (A) by striking ``within a specified geographical 
                region''; and
                    (B) by striking ``within one or more regions''; and
            (3) in subparagraph (D)--
                    (A) in clause (i)--
                            (i) by striking ``within a specific 
                        geographic region'';
                            (ii) by striking ``of small numbers''; and
                            (iii) by striking ``within that region''; 
                        and
                    (B) by adding at the end the following:
    ``(vi) Notwithstanding clause (iii), the Secretary is not required 
to publish notice under this subparagraph with respect to an 
authorization under clause (i) of incidental takings while engaged in 
military readiness activities authorized by the Secretary of Defense, 
except in the Federal Register.''.
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