article: SECTION 1. SHORT TITLE. This Act may be cited as the ``National Security Readiness Act of 2003''. SEC. 2. MILITARY READINESS AND THE CONSERVATION OF PROTECTED SPECIES. (a) Designation of Critical Habitat.--Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is amended by striking ``prudent and determinable'' and inserting ``necessary''. (b) Limitation on Designation of Critical Habitat.--Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is amended-- (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by inserting ``(A)'' after ``(3)''; and (3) by adding at the end the following: ``(B)(i) The Secretary shall 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)). ``(ii) 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). ``(iii) 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.''. (c) 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. AMENDMENT TO DEFINITION OF HARASSMENT UNDER MARINE MAMMAL PROTECTION ACT OF 1972. Section 3(18) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362(18)) is amended by striking the matter preceding subparagraph (B) and inserting the following: ``(18)(A) The term `harassment' means-- ``(i) any act that injures or has the significant potential to injure a marine mammal or marine mammal stock in the wild; or ``(ii) any act that disturbs or is likely to disturb a marine mammal or marine mammal stock in the wild by causing disruption of natural behavioral patterns, including, but not limited to, migration, surfacing, nursing, breeding, feeding, or sheltering, to a point where such behavioral patterns are abandoned or significantly altered.''. SEC. 4. EXEMPTION OF ACTIONS NECESSARY FOR NATIONAL DEFENSE. Section 101 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371) is amended by inserting after subsection (e) the following: ``(f) Exemption of Actions Necessary for National Defense.--(1) The Secretary of Defense, after conferring with the Secretary of Commerce, the Secretary of the Interior, or both, as appropriate, may exempt any action or category of actions undertaken by the Department of Defense or its components from compliance with any requirement of this Act, if the Secretary determines that it is necessary for national defense. ``(2) An exemption granted under this subsection-- ``(A) subject to subparagraph (B), shall be effective for a period specified by the Secretary of Defense; and ``(B) shall not be effective for more than 2 years. ``(3)(A) The Secretary of Defense may issue additional exemptions under this subsection for the same action or category of actions, after-- ``(i) conferring with the Secretary of Commerce, the Secretary of the Interior, or both as appropriate; and ``(ii) making a new determination that the additional exemption is necessary for national defense. ``(B) Each additional exemption under this paragraph shall be effective for a period specified by the Secretary of Defense, of not more than 2 years.''. SEC. 5. INCIDENTAL TAKINGS OF MARINE MAMMALS IN MILITARY READINESS ACTIVITY. Section 101(a)(5) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(5)) is amended-- (1) in subparagraph (A)-- (A) by striking ``within a specified geographical region''; (B) by striking ``within that region of small numbers''; and (C) by adding at the end the following: ``Notwithstanding the preceding sentence, the Secretary is not required to publish notice under this subparagraph with respect to incidental takings while engaged in military readiness activities authorized by the Secretary of Defense, except in the Federal Register.''; (2) in subparagraph (B)-- (A) by striking ``within a specified geographical region''; and (B) by striking ``within one or more regions''; and (3) in subparagraph (D)-- (A) in clause (i)-- (i) by striking ``within a specific geographic region''; (ii) by striking ``of small numbers''; and (iii) by striking ``within that region''; and (B) by adding at the end the following: ``(vi) Notwithstanding clause (iii), the Secretary is not required to publish notice under this subparagraph with respect to an authorization under clause (i) of incidental takings while engaged in military readiness activities authorized by the Secretary of Defense, except in the Federal Register.''. SEC. 6. LIMITATION ON DEPARTMENT OF DEFENSE RESPONSIBILITY FOR CIVILIAN WATER CONSUMPTION IMPACTS ON CRITICAL HABITAT OR ENDANGERED SPECIES. (a) Rule of Construction.--For purposes of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536), the terms ``action'' and ``agency action'', when applied to any action of the Department of Defense, shall not include water consumption of any kind unless-- (1) such water consumption occurs on a military installation, whether the source of the water consumed is located on or off the installation; or (2) such water consumption occurs off of a military installation and the source of the water is under the direct control of the Department of Defense. (b) Voluntary Efforts.--Nothing in this section shall prohibit a military installation from voluntarily undertaking efforts to mitigate water use and consumption. (c) Definitions.--In this section: (1) The term ``military installation'' has the meaning given such term in section 2687(e) of title 10, United States Code. (2) The term ``water consumption'' means the use of water, from any source, for human purposes of any kind, including household or industrial use, irrigation, or landscaping. (d) Effective Date.--This section applies only to Department of Defense actions regarding which consultation or reconsultation under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) is first required on or after the date of the enactment of this Act.
summary: National Security Readiness Act of 2003 - Amends the Endangered Species Act of 1973 (ESA) to prohibit the Secretary of the Interior (or the Secretary of Commerce, as appropriate) from designating as critical habitat any land or geographical area controlled by the Department of Defense, or designated for its use, that is subject to an integrated natural resources management plan for a military installation under the Sikes Act, if the Secretary determines that the plan addresses special management considerations or protections. Amends the Marine Mammal Protection Act of 1972 (MMPA) to redefine the term "harassment" as it relates to marine mammals to limit the meaning of: (1) any act that has the potential to injure a marine mammal or marine mammal stock in the wild to any act that has the significant potential to cause such an injury; and (2) any act that disturbs or is likely to disturb a marine mammal or marine mammal stock in the wild by causing a disruption of natural behavioral patterns to causing such a disruption to the point where such behavioral patterns are abandoned or significantly altered. Authorizes the Secretary of Defense, after conferring with the Secretary of Commerce or the Secretary of the Interior (as appropriate), to exempt any action undertaken by the Department of Defense from requirements of the MMPA, if the Secretary of Defense determines that the action is necessary for national defense. Limits such exemption to a renewable two-year period. Repeals the limitation to a specified geographical region or a region of small numbers of any allowance of incidental, but not intentional, taking of marine mammals by U.S. citizens engaged in a specified activity (including a military readiness activity) other than commercial fishing. Exempts the Secretary of the Interior (or, as appropriate, the Secretary of the department in which the National Oceanic and Atmospheric Administration is operating) from the requirement to publish notice (except in the Federal Register) with respect to incidental takings of marine mammals and marine mammal products while engaged in military readiness activities authorized by the Secretary of Defense. (Currently, the appropriate Secretary is required to publish notice also in newspapers of general circulation, and through electronic media, in the coastal areas that may be affected.) Limits the Department of Defense responsibility under ESA for water consumption impacts on critical habitats or endangered species to: (1) water consumption occurring on a military installation, whether the source of the water consumed is located on or off the installation; or (2) water consumption occurring off of a military installation and the source of the water is under the direct control of the Department of Defense. (Exempts military installations from certain ESA requirements regarding official actions or agency actions with respect to civilian water consumption impacts on critical habitats or endangered species.) States that nothing shall prohibit a military installation from voluntarily undertaking efforts to mitigate water use and consumption.