{
  "id": "RL31415",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL31415",
  "active": false,
  "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 101204,
      "date": "2004-08-09",
      "retrieved": "2016-04-07T20:10:58.031518",
      "title": "The Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA), and Department of Defense (DOD) Readiness Activities: Background and Current Law",
      "summary": "The relationship of military readiness activities of the Department of Defense (DOD) to the\nMigratory Bird Treaty Act (MBTA) and to the Endangered Species Act (ESA) was the subject of\nlegislative proposals in the 107th Congress and again in the 108th. \n   P.L. 107-314  was silent as to ESA issues, but does contain MBTA provisions. Section 315 of\nthat act directs that regulations be developed to exempt the Armed Forces from MBTA penalties for\nthe incidental taking of migratory birds during military readiness activities. Until such regulations\nare finalized, Section 315 provides that the prohibitions of the Migratory Bird Treaty Act do not\napply to the incidental taking of migratory birds by a member of the Armed Forces during military\nreadiness activities, but the Secretary of Defense, in consultation with the Secretary of the Interior,\nis to minimize and mitigate, to the extent practicable, adverse impacts of the readiness activities on\naffected migratory birds. Proposed regulations were published on June 2, 2004 that would exempt\nDOD military readiness activities and those of the Coast Guard in the Department of Homeland\nSecurity from MBTA penalties, but this authorization can be withdrawn or suspended under certain\ncircumstances.\n  Under the ESA, the Secretary of the Interior (and in some circumstances the Secretary of\nCommerce) can designate \"critical habitat\" after taking into account economic or \"any relevant\nimpacts.\"  P.L. 108-136 , the National Defense Authorization Act for Fiscal Year 2004, precludes\ndesignation of critical habitat on DOD lands \"subject to\" an Integrated Natural Resources\nManagement Plan (INRMP) prepared under the Sikes Act if the Secretary determines in writing that\nthe plan provides a benefit to the species for which critical habitat is proposed for designation. Also,\nconsideration of impacts on national security must now be considered when critical habitat is\ndesignated. Agency compliance with the consultation and prohibition sections of the ESA is\nretained.\n  This report provides background on the provisions and statutes involved and will be updated\nas circumstances warrant.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
      "formats": [
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          "format": "HTML",
          "encoding": "utf-8",
          "url": "http://www.crs.gov/Reports/RL31415",
          "sha1": "6781bd682dfa2341b010fee3ed692ddc09546cf7",
          "filename": "files/20040809_RL31415_6781bd682dfa2341b010fee3ed692ddc09546cf7.html",
          "images": null
        },
        {
          "format": "PDF",
          "encoding": null,
          "url": "http://www.crs.gov/Reports/pdf/RL31415",
          "sha1": "cc45fb3469a47a78f2f648cf5e63de6e074f7c8f",
          "filename": "files/20040809_RL31415_cc45fb3469a47a78f2f648cf5e63de6e074f7c8f.pdf",
          "images": null
        }
      ],
      "topics": []
    },
    {
      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs3772/",
      "id": "RL31415 2003-05-30",
      "date": "2003-05-30",
      "retrieved": "2005-06-10T19:01:23",
      "title": "The Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA), and Department of Defense (DOD) Readiness Activities: Current Law and Legislative Proposals",
      "summary": "This report provides a brief overview of how the Endangered Species Act (ESA)1 and the Migratory Bird Treaty Act (MBTA)2 and their relevant regulations may apply to military training and readiness activities of the Department of Defense (DOD). Military activities may \u201ctake\u201d protected creatures directly (e.g,. killing with ordnance during rifle, gunnery or assault drills), or might destroy habitat (e.g., artillery or bombing practices), even if these results are not the purpose of the activities. The applicability of the MBTA and ESA to military readiness activities has been controversial recently and legislation has been enacted in both the 107th and 108th Congresses on these topics.",
      "type": "CRS Report",
      "typeId": "REPORT",
      "active": false,
      "formats": [
        {
          "format": "PDF",
          "filename": "files/20030530_RL31415_8ec2b417a20434c14d117d762a0d65eb92735827.pdf"
        },
        {
          "format": "HTML",
          "filename": "files/20030530_RL31415_8ec2b417a20434c14d117d762a0d65eb92735827.html"
        }
      ],
      "topics": [
        {
          "source": "LIV",
          "id": "Animals",
          "name": "Animals"
        },
        {
          "source": "LIV",
          "id": "Military operations",
          "name": "Military operations"
        },
        {
          "source": "LIV",
          "id": "Endangered species - Law and legislation",
          "name": "Endangered species - Law and legislation"
        },
        {
          "source": "LIV",
          "id": "Defense policy",
          "name": "Defense policy"
        },
        {
          "source": "LIV",
          "id": "Natural resources",
          "name": "Natural resources"
        }
      ]
    }
  ],
  "topics": [
    "National Defense"
  ]
}