The House and Senate recently passed separate versions of the National Defense Authorization Act for FY 2004, the means by which the federal government allocates funds for defense spending. Using the pretext of military readiness and exploiting U.S. fears regarding terrorism, portions of the bills fundamentally weaken some of the environmental protections contained within the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA).

House bill, HR 1588, undermines both.

The bill severely limits the Secretary of the Interior's ability to designate critical habitat under the ESA in two manners. First, the Secretary cannot designate critical habitats on military lands if those areas are already subject to an Integrated Natural Resources Management Plan (INRMP) addressing special management needs. Unfortunately, INRMPs lack enforcement mechanisms, and experience has shown them to be ineffective tools for protecting endangered species. Land controlled by the military amounts to over 25 million acres and provides habitat for over 300 threatened or endangered species. Additionally, the Secretary must now consider the impact that critical habitat designations anywhere may have on national security. It is important to note that the ESA is quite flexible and allowing of case-by-case exemptions as it currently reads. Furthermore, the ESA allows for exemptions based on national security needs, but these have never been used.

The bill also exempts the Department of Defense from responsibility for all off-base water consumption occurring at Fort Huachuca, Arizona. Over-consumption threatens the San Pedro River, which is one of the most biologically diverse ecosystems on earth, providing habitat for over 400 species of birds, 180 butterfly species, 87 mammal species, and 68 species of reptiles and amphibians.

Furthermore, HR 1588 weakens the MMPA in a number of ways. It introduces ambiguous terms and conditions into the MMPA's definition of "harassment," allowing an increased number of detrimental activities. HR 1588 also removes critical notice requirements and public comment opportunities regarding incidental takings, and removes geographical and numerical limits on such incidental killings. Additionally, the Department of Defense can exempt itself from MMPA requirements for any actions undertaken for national defense. Essentially, the Department of Defense can act without the customary checks and balances required of any other agency.

The Senate bill, S 747, is a subtler version -- lacking the MMPA and Fort Huachuca exemptions, but still limiting the designation of critical habitat on military-controlled lands.

Using the covers of national security and military readiness, provisions of these bills seriously, and unnecessarily, threaten many species and ecosystems.

Ran 6/9/03