Armed Forces Endangered Species Exemption Act
This bill, labeled the Armed Forces Endangered Species Exemption Act, would significantly restrict how the Endangered Species Act (ESA) can apply to lands and activities related to national defense. It would bar the Interior Department from designating military installations or certain defense-related lands as critical habitat, and would allow the Department of Defense (DoD) to determine areas necessary for training and related defense activities without requiring federal interagency consultation. It also adds broad exemptions to the ESA’s prohibitions (Section 9) for activities conducted as part of national defense operations, including activities by military personnel and contractors. In effect, the bill would give the DoD substantial leeway to conduct training, testing, and other defense-related activities—even if such actions affect endangered or threatened species—without triggering certain ESA protections or consultations. Potential impact includes reduced ESA protections on military lands and during defense operations, faster execution of defense activities, and greater interagency discretion for DoD. Critics may argue the bill weakens safeguards for endangered species; supporters may frame it as prioritizing national defense and military readiness. The bill is introduced in the 119th Congress and attributed to Representatives Biggs (and Gosar) with referral to the Natural Resources Committee.
Key Points
- 1Exclusion of military lands from critical habitat designation
- 2- The Secretary of the Interior may not designate as critical habitat: (i) military installations or State-owned National Guard installations, and (ii) other lands necessary for DoD purposes if DoD determines in writing that the area is needed for military training, weapons testing, or other defense needs. DoD does not have to consult with Interior under Section 7 for these areas.
- 3Expanded defense-related exemptions from ESA Section 9
- 4- Prohibitions on taking, importing, or exporting endangered/threatened species do not apply to military personnel engaged in national defense-related operations; or to damage/destruction of such species caused by those operations; or to injuries/mortality that occur as a result of a defense-related operation (even if on non-military land).
- 5Definitions broadening who qualifies as “national defense-related operation” and “military personnel”
- 6- National defense-related operation includes military R&D/testing of munitions and weapons systems, training, general preparedness, and any other action deemed necessary by the Secretary of Defense.
- 7- “Military personnel” includes Armed Forces members, civilian employees, and contractors (and subcontractors) related to the DoD or other federal agencies’ mission overseas.
- 8Interaction with existing habitat and management frameworks
- 9- The bill cites the Sikes Act in limiting interagency consultation for areas designated as defense-related, shifting how integrated natural resources plans may relate to these areas.
- 10Overall effect
- 11- Creates a strong presumption in favor of defense needs over ESA protections for specified lands and activities, with broad eligibility for exemptions during defense operations.