Pub. L. 108-136, div. A, tit. III, subtit. B, sec. 318
MILITARY READINESS AND CONSERVATION OF PROTECTED SPECIES.
SEC. 318. MILITARY READINESS AND CONSERVATION OF PROTECTED SPECIES.(a) 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 in writing that such plan provides a benefit to the species for which critical habitat is proposed for designation.“(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.”. (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,”.