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119-hr-65119th Congress

Armed Forces Endangered Species Exemption Act

Sponsored By: Representative Biggs, Andy [R-AZ-5]

Introduced

Summary

This bill would create broad exemptions that _exempt defense activities from key Endangered Species Act protections_. It would stop the Fish and Wildlife Service and the National Marine Fisheries Service from naming military installations or DOD-designated areas as critical habitat and would exempt certain defense-related actions from the ESA's prohibitions on harming listed species.

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  • Military and the Department of Defense: Lets the Secretary of Defense declare a base or other area necessary for training, testing, or other military uses and block it from being designated as critical habitat. DOD would not be required to consult with the Fish and Wildlife Service under the ESA about those areas.
  • Military personnel, employees, and contractors: Removes ESA limits on taking, importing or exporting, and damaging listed species when those people are engaged in "national defense-related operations." Those operations include research, testing, training, and other actions the Secretary of Defense deems necessary.
  • Species protections and agencies: Treats injury or death of threatened or endangered species that result from, but are not the purpose of, defense operations as excluded from the ESA's take prohibitions.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

Endangered species exemptions for defense operations

The bill would exempt military personnel from key Endangered Species Act bans during national defense operations. This would allow taking, harming, or importing/exporting listed species when it happens in research, testing, training, general preparedness, or other duties the Defense Secretary says support the DoD mission. Covered personnel include service members, DoD civilian employees, and DoD contractors and subcontractors; some overseas support staff at other agencies would also qualify. The exemption would apply even off-base and when injury or death of a listed animal is not the goal of the mission.

Limit endangered-species rules on military land

If enacted, Interior would not be able to label military bases or state-owned National Guard sites as critical habitat. It would also block critical habitat on other areas the Defense Secretary designates for DoD use after a written finding that the area is needed for training, weapons testing, or another defense reason. On military and Guard installations, DoD would not have to consult Interior before taking agency actions, even if a base already has a natural resources plan. This could speed military projects and contractor work, but it would reduce endangered-species oversight in those areas.

Sponsors & CoSponsors

Sponsor

Biggs, Andy [R-AZ-5]

AZ • R

Cosponsors

  • Rep. Gosar, Paul A. [R-AZ-9]

    AZ • R

    Sponsored 1/3/2025

Roll Call Votes

No roll call votes available for this bill.

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