Home > 106th Congressional Bills > H.R. 1235 (rfs) To authorize the Secretary of the Interior to enter into contracts with the Solano County Water Agency, California, to use Solano Project facilities for impounding, storage, and carriage of nonproject water for domestic, municipal, industr...

H.R. 1235 (rfs) To authorize the Secretary of the Interior to enter into contracts with the Solano County Water Agency, California, to use Solano Project facilities for impounding, storage, and carriage of nonproject water for domestic, municipal, industr...


Google
 
Web GovRecords.org








108th CONGRESS
  1st Session
                                H. R. 1235

To provide for the management of critical habitat of endangered species 
and threatened species on military installations in a manner compatible 
with the demands of military readiness, to ensure that the application 
  of other resource laws on military installations is compatible with 
              military readiness, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 12, 2003

  Mr. Gallegly (for himself and Mr. Gibbons) 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

_______________________________________________________________________

                                 A BILL


 
To provide for the management of critical habitat of endangered species 
and threatened species on military installations in a manner compatible 
with the demands of military readiness, to ensure that the application 
  of other resource laws on military installations is compatible with 
              military readiness, 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 ``Encroachment on Military Bases 
Prevention Act''.

SEC. 2. MILITARY READINESS AND THE CONSERVATION OF PROTECTED SPECIES.

    (a) Limitation on Designation of Critical Habitat.--Section 4(a) of 
the Endangered Species Act of 1973 (16 U.S.C. 1533(a)) is amended by 
adding at the end the following new paragraph:
    ``(4)(A) The Secretary may 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)).
    ``(B) 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).
    ``(C) 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.''.
    (b) 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. RESTRICTION ON CONSIDERATION OF MILITARY INSTALLATIONS IN 
              SPECIAL RESOURCE STUDIES.

    Section 8 of Public Law 91-383 (16 U.S.C. 1a-5; commonly known as 
the National Park System General Authorities Act) is amended by adding 
at the end the following new subsection:
    ``(g) Exclusion of Military Installations From Special Resource 
Studies.--
            ``(1) Notification of secretary of defense.--If a study 
        under this section or any other provision of law of an area for 
        potential inclusion in the National Park System will include, 
        or the study will be expanded to include, the consideration of 
        any military lands, the Secretary of the Interior shall provide 
        written notice to the Secretary of Defense of the exact 
        military lands to be covered by the study. The written notice 
        shall be provided not later than 30 days before the date on 
        which the Secretary of the Interior will commence the study or 
        expand the study to include the military lands.
            ``(2) Authority to exclude military lands.--Upon receipt of 
        written notification under paragraph (1), the Secretary of 
        Defense shall evaluate the existing environmental protections 
        for the military lands described in the notice and the 
        importance of the military lands to military readiness and 
        preparedness. The Secretary of Defense may require the 
        Secretary of the Interior to exclude all or a portion of the 
        military lands from the study if the Secretary of Defense 
        determines that the environmental protections for the military 
        lands are sufficient and that inclusion of the military lands 
        in the National Park System could adversely impact military 
        readiness and preparedness. Notice to the Secretary of the 
        Interior shall include the reasons of the Secretary of Defense 
        for requiring the exclusion of the military lands.
            ``(3) Time for making determination; effect.--The Secretary 
        of Defense shall make the determination required under 
        paragraph (2), and transmit notice of the determination to the 
        Secretary of the Interior, before the end of the 90-day period 
        beginning on the date on which the Secretary of Defense 
        receives the written notice required under paragraph (1) of a 
        study that covers military lands. If the notice of the 
        Secretary of Defense is timely, the Secretary of the Interior 
        may not consider the military lands covered by the notice for 
        possible inclusion in the National Park System in that study or 
        any subsequent study. If the notice is not received by the 
        Secretary of the Interior before the end of the 90-day period, 
        the Secretary of the Interior may proceed with the 
        consideration of the military lands under the study 
        notwithstanding the determination.
            ``(4) Military lands.--In this subsection, the term 
        `military lands' means lands included as part of a military 
        installation, as that term is defined in section 100 of the 
        Sikes Act (16 U.S.C. 670).''.

SEC. 4. RESTRICTION ON INCLUSION IN NATIONAL MARINE SANCTUARIES OF 
              AREAS USED FOR MILITARY READINESS ACTIVITIES.

    (a) In General.--Section 305 of the National Marine Sanctuary Act 
(16 U.S.C. 1433) is amended--
            (1) in subsection (a) in the matter preceding paragraph (1) 
        by inserting ``(subject to subsection (c))'' after ``any 
        discrete area of the marine environment''; and
            (2) by adding at the end the following:
    ``(c) Restriction on Inclusion of Areas Used for Military Readiness 
Activities.--The Secretary may not designate as a national marine 
sanctuary, or add to an existing national marine sanctuary, any area 
that the Secretary of Defense has designated for use for military 
readiness activities, including any area the use or navigation of which 
is prohibited under regulations issued by the Secretary of the Army 
under the first section of chapter XIX of the Act of July 9, 1918 (33 
U.S.C. 3), popularly known as the Army Appropriation Act of 1919.''.
    (b) Application.--The amendment made by subsection (a) shall not 
apply with respect to any designation of an area as, or addition of an 
area to, a national marine sanctuary that takes effect before the date 
of the enactment of this Act.
                                 <all>

Pages: 1

Other Popular 106th Congressional Bills Documents:

1 H.Res. 581 (eh) [Engrossed in House] ...
2 H.Con.Res. 336 (enr) [Enrolled bill] ...
3 H.Res. 532 (eh) [Engrossed in House] ...
4 H.R. 4986 (rs) To amend the Internal Revenue Code of 1986 to repeal the provisions relating to foreign sales corporations (FSCs) and to exclude extraterritorial income from gross income. [Reported in Senate] ...
5 S.Res. 169 (ats) Commending General Wesley K. Clark, United States Army. [Agreed to Senate] ...
6 H.R. 5298 (ih) To amend title 18, United States Code, to create an offense of solicitation or recruitment of persons in criminal street gang activity. [Introduced in House] ...
7 H.Res. 481 (ih) Congratulating the Michigan State University men's basketball team on winning the 1999-2000 NCAA Men's Basketball Championship. [Introduced in House] ...
8 S.Res. 62 (is) Proclaiming the month of January 1999 as ``National Cervical Health Month''. [Introduced in Senate] ...
9 H.Res. 315 (ih) Supporting the goals and ideas, and commending the organizers, of ``National Unity Day''. [Introduced in House] ...
10 H.R. 3384 (ih) To strengthen provisions in the Energy Policy Act of 1992 with respect to potential Climate Change. [Introduced in House] ...
11 H.Con.Res. 355 (ih) Expressing the sense of the Congress regarding environmental contamination and health effects emanating from the former United States military facilities in the Philippines. [Introduced in House] ...
12 H.R. 4975 (rds) To designate the post office and courthouse located at 2 Federal Square, Newark, New Jersey, as the ``Frank R. Lautenberg Post Office and Courthouse''. [Received in the Senate] ...
13 H.R. 3491 (ih) To amend the Internal Revenue Code of 1986 to codify the authority of the Secretary of the Treasury to issue regulations covering the practice of enrolled agents before the Internal Revenue Service. [Introduced in House] ...
14 H.R. 170 (rh) To require certain notices in any mailing using a game of chance for the promotion of a product or service, and for other purposes. [Reported in House] ...
15 H.R. 5655 (ih) To designate the facility of the United States Postal Service located at 620 Jacaranda Street in Lanai City, Hawaii, as the ``Goro Hokama Post Office Building''. [Introduced in House] ...
16 H.R. 5104 (ih) For the relief of Derrick Leslie. [Introduced in House] ...
17 H.R. 4516 (enr) Making appropriations for the Legislative Branch for the fiscal year ending September 30, 2001, and for other purposes. [Enrolled bill] ...
18 S. 2646 (is) To suspend temporarily the duty on machines, and their parts, for use in the manufacture of digital versatile discs (DVDs). [Introduced in Senate] ...
19 H.R. 2881 (ih) To allow the collection of fees for the provision of customs services for the arrival of certain ferries. [Introduced in House] ...
20 H.R. 2561 (rds) Making appropriations for the Department of Defense for the fiscal year ending September 30, 2000, and for other purposes. [Received in the Senate] ...
21 S. 3217 (is) To amend the Internal Revenue Code of 1986 to provide for individuals who are residents of the District of Columbia a maximum rate of tax of 15 percent on income from sources within the District of Columbia, and for other purposes. [Introduce...
22 H.R. 785 (ih) To amend the Internal Revenue Code of 1986 to allow taxpayers to designate that part or all of any income tax refund be paid over for use in biomedical research conducted through the National Institutes of Health. [Introduced in House] %%Fil...
23 H.R. 5331 (enr) To authorize the Frederick Douglass Gardens, Inc., to establish a memorial and gardens on Department of the Interior lands in the District of Columbia or its environs in honor and commemoration of Frederick Douglass. [Enrolled bill] %%File...
24 S. 3168 (is) To eliminate any limitation on indictment for sexual offenses and make awards to States to reduce their DNA casework backlogs. [Introduced in Senate] ...
25 S. 205 (is) To establish a Federal Commission on Statistical Policy to study the [Introduced in Senate] ...
26 S. 3181 (is) To establish the White House Commission on the National Moment of Remembrance, and for other purposes. [Introduced in Senate] ...
27 S. 2872 (es) To improve the cause of action for misrepresentation of Indian arts and crafts. [Engrossed in Senate] ...
28 S. 1813 (es) To amend the Public Health Service Act to provide additional support for and to expand clinical research programs, and for other purposes. [Engrossed in Senate] ...
29 H.R. 5132 (ih) To amend title 38, United States Code, to establish a comprehensive program for testing and treatment of veterans for the Hepatitis C virus. [Introduced in House] ...
30 H.R. 3063 (enr) To amend the Mineral Leasing Act to increase the maximum acreage of Federal leases for sodium that may be held by an entity in any one State, and for other purposes. [Enrolled bill] ...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy