text: 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.
target: Encroachment on Military Bases Prevention Act - Amends the Endangered Species Act to prohibit the Secretary of the Interior (Secretary) from designating as critical habitat any lands or areas owned and controlled by the Department of Defense, or designated for its use, that are subject to an integrated natural resources management plan under the Sikes Act if the Secretary determines that such plan addresses special management considerations or protection. Requires the Secretary to consider impact on national security when making critical habitat determinations.Amends the Act commonly known as the National Park System General Authorities Act to require: (1) the Secretary to notify the Secretary of Defense of the exact military lands included in any study of an area for potential inclusion in the National Park System (NPS); and (2) the Secretary of Defense to evaluate the existing environmental protections for such lands and the importance of such lands to military readiness and preparation. Authorizes the Secretary of Defense to require the Secretary to exclude such lands if it is determined that current environmental protections are adequate and that their inclusion in the NPS would adversely affect military readiness and preparation.Amends the National Marine Sanctuary Act to prohibit the Secretary from including as a national marine sanctuary any area that the Secretary of Defense has designated for use for military readiness activities.
feat_title: 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.