This bill exempts military installations and defense-related operations from critical habitat designation and certain restrictions under the Endangered Species Act, granting the Department of Defense broad authority in these areas for national defense purposes.
Andy Biggs
Representative
AZ-5
The Armed Forces Endangered Species Exemption Act excludes military lands from critical habitat designation under the Endangered Species Act, allowing the Secretary of Defense to determine land use without consulting the Interior Secretary. It also exempts the Department of Defense from restrictions regarding harm to endangered species during national defense-related operations, broadly defined to include training, testing, and any actions deemed necessary for the Department's mission. These exemptions apply to military personnel, including civilian employees and contractors supporting the Department of Defense.
Armed Forces Endangered Species Exemption Act: Military Gets Green Light to Bypass Wildlife Protections
The "Armed Forces Endangered Species Exemption Act" straight-up removes military installations from being considered critical habitats for endangered species. And it doesn't stop there – it lets the Department of Defense (DoD) sidestep key parts of the Endangered Species Act during what it calls "national defense-related operations." No more worrying about accidentally harming endangered critters during training or testing, and no penalties for destroying their habitats either. (SEC. 3)
Redefining "National Defense"
The bill casts a wide net, defining "national defense-related operation" as pretty much anything the Secretary of Defense says is necessary for the DoD's mission. This includes weapons research and testing, training, and even just "general preparedness." (SEC. 3). It also expands who counts as "military personnel" to include civilian employees and even contractors, both in the US and overseas. (SEC. 3). It broadens the scope of activities and individuals that are covered by these exemptions.
No Outside Oversight
One of the biggest changes is that the Secretary of Defense doesn't have to consult with the Secretary of the Interior about land use, even if there's already a plan in place to manage natural resources. (SEC. 2). The Secretary of Defense has the final say on whether an area is needed for military purposes, and that's that. (SEC. 2).
Real-World Rollout
Imagine a military base that's home to a rare bird. Under this law, if the DoD decides that base is needed for training, it can be excluded from critical habitat designation. During training exercises, if some of those birds are harmed, or their habitat is damaged, the DoD is in the clear. The same goes for a contractor developing a new weapons system – if their work impacts an endangered species, they're exempt from the usual restrictions.
The Bigger Picture
While the bill aims to streamline military operations and reduce regulations, it raises some serious questions. Could the broad definition of "national defense-related operation" be used to justify almost anything? And with no requirement to consult with environmental experts, are we putting endangered species at greater risk? This law essentially gives the military a blank check when it comes to environmental protection on their lands, and that could have long-lasting consequences.