PolicyBrief
H.R. 65
119th CongressJan 3rd 2025
Armed Forces Endangered Species Exemption Act
IN COMMITTEE

This bill exempts military installations and national defense-related operations from critical habitat designations and other protections under the Endangered Species Act.

Andy Biggs
R

Andy Biggs

Representative

AZ-5

LEGISLATION

Military Exemption Bill Ends Endangered Species Protections on Defense Lands and Training Zones

Imagine you’re a contractor working on a new hangar or a local resident near a training range. Currently, the Endangered Species Act (ESA) acts as a set of ground rules, ensuring that building and training don’t accidentally wipe out a rare local bird or plant. The 'Armed Forces Endangered Species Exemption Act' basically hands the Department of Defense a 'get out of jail free' card for these environmental rules. Under Section 2, the Secretary of the Interior is blocked from designating any military base or National Guard installation as a 'critical habitat.' This means the usual safety net for at-risk wildlife is pulled back from millions of acres across the country.

The 'Defense' Blanket

The bill doesn't just stop at fences and gates. It allows the Secretary of Defense to claim any land or water—even areas used by private contractors—as exempt from habitat protections. All it takes is a written note saying the area is 'necessary' for training, weapons testing, or 'any other reason' the Secretary thinks is appropriate (Section 2). For those of us who appreciate clear rules, this is a bit of a head-scratcher. That 'any other reason' clause is incredibly broad, potentially allowing huge swaths of land to be shielded from environmental oversight without a specific, narrow justification.

Permission to 'Take'

In the world of conservation, 'taking' a species is a polite way of saying harming, harassing, or killing it. Section 3 of this bill changes the game by stating that the standard prohibitions against harming endangered animals or plants simply don't apply to military personnel or contractors during 'national defense-related operations.' If a training exercise results in the death of a protected species, it’s legally cleared as long as the death wasn't the primary goal. This applies to everything from testing new missiles to 'general military preparedness,' a term that could cover almost any daily activity on a base.

Cutting Out the Middleman

Usually, federal agencies have to talk to each other—a process called 'Section 7 consultation'—to make sure one department's project doesn't destroy another's conservation efforts. This bill scraps that requirement for military lands. By removing the need for the Defense Secretary to consult with the Interior Secretary, the bill streamlines operations but removes a major layer of expert check-and-balance. While this might speed up construction projects or training schedules, it leaves the fate of local ecosystems entirely in the hands of defense officials rather than wildlife experts, shifting the priority from long-term conservation to immediate operational speed.