The following is the legislative language regarding the Migratory Bird
Treaty Act as it appears in the Defense Authorization Conference Report
language:
Subtitle B--Environmental Provisions
Sec.315. Incidental Taking of Migratory Birds During Military
Readiness Activities
(a)
Interim Authority For Incidental Takings.--During the period described in
subsection (c), section 2 of the Migratory Bird treaty Act (16 U.S.C.
703) shall not apply to the incidental taking of a migratory bird by a
member of the Armed Forces during a military readiness activity
authorized by the Secretary of Defense or the Secretary of the military
department concerned.
(b)
Identification of Measures To Minimize Impact of Activities.--During the
periods described in subsections (c) and (d), the Secretary of Defense
shall, in consultation with the Secretary of the Interior, identify
measures--
(1)
to minimize and mitigate, to the extent practicable, any adverse impacts
of
authorized
military readiness activities on affected species of migratory
birds.
(2)
to monitor the impacts of such military readiness activities on affected
species of migratory birds.
(c) Period
of Application for Interim Authority.--The period described in this
subsection is the period beginning on the date of the enactment of this
Act and ending on the date on which the Secretary of the Interior
publishes in the Federal Register a notice that--
(1)
regulations authorizing the incidental taking of migratory birds by
members of
the Armed Forces have been prescribed in accordance with the requirements
of
subsection
(d);
(2)
all legal challenges to the regulations and to the manner of their
promulgation (if any) have been exhausted as
provided in subsection (e); and
(3)
the regulations have taken effect.
(d)
Incidental Takings After Interim Period.--(1) Not later than the
expiration of the one-year period beginning on the date of the enactment
of this Act, the Secretary of the Interior shall exercise the authority
of that Secretary under section 3(a) of the Migratory Bird Treaty Act (16
U.S.C.) 704 (a)) to prescribe regulations to exempt the Armed Forces for
the incidental taking of migratory birds during military readiness
activities authorized by the Secretary of Defense or the Secretary of the
military department concerned.
(2) The
Secretary of the Interior shall exercise authority under paragraph (1)
with the concurrence of the Secretary of Defense.
(e)
Limitation of Judicial Review.--An action seeking judicial review of
regulations prescribed pursuant to this section or of the manner of their
promulgation must be filed in the appropriate Federal court by not later
than the expiration of the 120-day period beginning on the date on which
such regulations are published in the Federal Register. Upon the
expiration of such period and the exhaustion of any legal challenges
there shall be no further judicial review of such regulations or of the
manner of their promulgation.
(f)
Military Readiness Activity.--(1) In this section the term "military
readiness activity" includes--
(A)
all training and operations of the Armed Forces that relate to combat;
and
(B)
the adequate and realistic testing of military equipment, vehicles,
weapons,
and sensors for proper operation and suitability for combat use.
(2) The
term does not include--
(A)
the routine operation of installations operating support functions, such
as
administrative
offices, military exchanges, commissaries, water treatment facilities,
storage facilities, schools, housing, motor
pools, laundries, moral, welfare, and
recreation activities,
shops, and mess halls; or
(B)
the operation of industrial activities; or
(C)
the construction or demolition of facilities used for a purpose described
in subparagraph
(A) or
(B)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Aimee R.
Houghton
Associate Director, CPEO
1101 Connecticut Avenue, NW, Suite 1000
Washington, DC 20036
tel: 202-452-8039; fax: 202-452-8095
Email: aimeeh@cpeo.org
www.cpeo.org
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