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

                                                  Union Calendar No. 77
108th CONGRESS
  1st Session
                                H. R. 1835

                      [Report No. 108-99, Part I]

  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

                              May 14, 2003

       Reported from the Committee on Resources with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                              May 14, 2003

   Referral to the Committee on Armed Services extended for a period 
                  ending not later than June 13, 2003

                             June 13, 2003

                      Additional sponsor: Mr. Cole

                             June 13, 2003

The Committee on Armed Services discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on April 
                               29, 2003]

_______________________________________________________________________

                                 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) 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''.
    (b) 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.''.
    (c) 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 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; or
                    ``(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.''.

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.''.

SEC. 6. LIMITATION ON DEPARTMENT OF DEFENSE RESPONSIBILITY FOR CIVILIAN 
              WATER CONSUMPTION IMPACTS ON CRITICAL HABITAT OR 
              ENDANGERED SPECIES.

    (a) Rule of Construction.--For purposes of section 7 of the 
Endangered Species Act of 1973 (16 U.S.C. 1536), the terms ``action'' 
and ``agency action'', when applied to any action of the Department of 
Defense, shall not include water consumption of any kind unless--
            (1) such water consumption occurs on a military 
        installation, whether the source of the water consumed is 
        located on or off the installation; or
            (2) such water consumption occurs off of a military 
        installation and the source of the water is under the direct 
        control of the Department of Defense.
    (b) Voluntary Efforts.--Nothing in this section shall prohibit a 
military installation from voluntarily undertaking efforts to mitigate 
water use and consumption.
    (c) Definitions.--In this section:
            (1) The term ``military installation'' has the meaning 
        given such term in section 2687(e) of title 10, United States 
        Code.
            (2) The term ``water consumption'' means the use of water, 
        from any source, for human purposes of any kind, including 
        household or industrial use, irrigation, or landscaping.
    (d) Effective Date.--This section applies only to Department of 
Defense actions regarding which consultation or reconsultation under 
section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) is 
first required on or after the date of the enactment of this Act.




                                                  Union Calendar No. 77

108th CONGRESS

  1st Session

                               H. R. 1835

                      [Report No. 108-99, Part I]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             June 13, 2003

The Committee on Armed Services discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed