A House-Senate Conference Committee is expected soon to settle the differences between two separate versions of the Defense Authorization Bill—$400 billion bills that, depending which language is adopted, could spell trouble for hundreds of endangered or threatened species on military lands including, in a dark bit of irony, the bald eagle.
The Senate's version, which passed 98-1, is the less dangerous of the two. Still, it exempts the Department of Defense (DOD) from its legal requirement under the Endangered Species Act (ESA) to designate critical habitat on military lands where the designation is necessary to preserve and recover endangered and threatened species. But the Pentagon can secure the exemption only if the land already has an adequate Integrated Natural Resource Management Plan, and only if that plan is adequately funded.
The House's version, which passed on a vote of 361-68, goes much further. It not only exempts the DOD from the required ESA critical habitat protections (without any of the Senate's default safeguards), but it also weakens the definition of "harassment" under the Marine Mammal Protection Act.
The Conference Committee will have to hammer out the differences between these disparate bills. The product of their work, the Conference Report, will be voted on in each chamber, then sent to President Bush for his signature. But the fact that the committee has to hash out the differences at all says something about the Bush Administration and the DOD's strong desire for the exemptions, despite overwhelming public opposition, not to mention questioning voices within the government itself. The DOD claims that these environmental and animal-welfare laws hurt its military preparedness, even though two different governmental agencies downplay that argument.
H.R. 1588 and S. 1050, the Defense Authorization Bills, threaten to undermine the nation's strongest environmental laws. Two provisions in particular would directly and immediately harm wildlife:
The Endangered Species Act (ESA)
The House's version of the Defense Authorization Bill exempts the DOD from its requirement under the ESA to designate the critical habitat necessary to preserve and recover endangered and threatened species. This would automatically eliminate federal habitat protections for the more than 300 endangered or threatened species living on military lands. Species currently living on DOD lands include the whooping crane, the Karner blue butterfly, the humpback whale, the manatee, and all five sea turtle species found in U.S. waters.
Amendments to improve the bill on the House floor were drafted by Representatives Nick Rahall (D-WV) and John Dingell (D-MI) and others, but the amendments were blocked from consideration.
Senators, fortunately, narrowly passed an amendment requiring the conservation default safeguards. In a victory for the ESA, the amendment, sponsored by Senators Frank Lautenberg (D-NJ), Jim Jeffords (I-VT), and Daniel Akaka (D-HI), passed by 51-48.
The Marine Mammal Protection Act (MMPA)
The proposal (part of the House's version of the bill only) would weaken the definition of "harassment" under the MMPA. This means that a larger number and type of activities would be exempt from review by the agencies in charge of implementing the MMPA—for the most part, the National Marine Fisheries Services, but in the case of walruses, manatees, dugongs, sea otters, and polar bears, the U.S. Fish and Wildlife Service.
The initiative, for instance, would remove MMPA oversight from harmful military operations such as the Low Frequency Active (LFA) Sonar program. In addition, the initiative would exempt virtually any DOD activities from all provisions of the MMPA, should the Secretary of Defense (without consulting the President) determine the exemption is necessary for national security.
"Such broad, categorical exemptions would greatly increase the potential for death and injury to marine mammals worldwide," notes Dr. Naomi Rose, marine mammal scientist for The HSUS. "And because there is no obvious limit on actions eligible for exemptions under this provision, they could well include harmful activities that in themselves would not qualify on national security grounds."
A Dangerous Precedent
The proposed exemptions would be disastrous for animals and the environment, and would set a dangerous precedent by allowing the military to sidestep the very laws it is supposed to protect.
What's more, the need for the exemptions is hard to fathom, because the DOD already has the authority, through the Office of the President and the Secretary of Defense, to seek relief from wildlife agency restrictions when necessary for national security. Furthermore, military bases have complied with environmental laws without affecting readiness, demonstrating that the goals of military readiness and environmental protection can be compatible.
Indeed, a recent study by the General Accounting Office concluded there is no evidence that military preparedness has been negatively impacted by compliance with environmental laws. Likewise, the Environmental Protection Agency has questioned the proposed exemptions, citing a lack of evidence that these laws prevent the military from adequately training.
Also, the National Park Service has stressed that the exemptions could negatively impact wildlife and important habitat. What's more, a poll conducted this spring by Zogby International showed that 84% of registered voters did not want any government agency, including the DOD, to be above the country's laws.
What You Can Do
If your Senators or Representative are on the Conference Committee, contact them immediately. The Senate has named its conferees, but the House has still not chosen who will serve on the Conference Committee.
The Senate conferees are John Warner (R-VA), John McCain (R-AZ), James Inhofe (R-OK), Pat Roberts (R-KS), Wayne Allard (R-CO), Jeff Sessions (R-AL), Susan Collins (R-ME), John Ensign (R-NV), Jim Talent (R-MO), Saxby Chambliss (R-GA); Lindsey Graham (R-SC); Elizabeth Dole (R-NC); John Cornyn (R-TX); Carl Levin (D-MI), Edward Kennedy (D-MA), Robert Byrd (D-WV), Joseph Lieberman (D-CT), Jack Reed (D-RI), Daniel Akaka (D-HI), Bill Nelson (D-FL), Ben Nelson (D-NE), Mark Dayton (D-MN), Evan Bayh (D-IN), Hillary Clinton (D-NY), and Mark Pryor (D-AR). As soon as the House names its conferees, we will post the information.
Even if your Senators and Representative are not on the Conference Committee, contact them and ask them to oppose provisions in the Defense Authorization Bill that would weaken environmental and wildlife protection laws for military activities. Our environmental laws should be strengthened, not weakened.
You can contact your Representative and two Senators at the following addresses and the Capitol switchboard number. If you are unsure of your Representative and Senators, visit www.Congress.org.
The Honorable (Representative's name)
U.S. House of Representatives
Washington, D.C. 20515
The Honorable (Senator's name)
United States Senate
Washington, D.C. 20510
U.S. Capitol switchboard: 202-225-3121
