§2.Exemption of activities of Department of Defense from certain environmental protection laws
This section exempts the Department of Defense (DoD), its components, contractors, and designees from the National Environmental Policy Act (NEPA), Endangered Species Act (ESA), Marine Mammal Protection Act (MMPA), and Federal Water Pollution Control Act (CWA) for activities, operations, permits, and projects certified by the President or Secretary of Defense as directly related to countering the threat of the Chinese Communist Party to the United States. Exempted activities include (1) readiness, training, or operations of the Armed Forces; (2) construction, maintenance, expansion, or repair of DoD facilities or infrastructure; (3) deployment, development, testing, or production of DoD technologies, systems, or equipment; and (4) deployment, development, testing, or production of commercial technologies, systems, or equipment under DoD agreements, grants, or contracts contributing to critical U.S. national security interests. (Thus, DoD may forgo environmental impact statements under NEPA, species consultations and protections under ESA and MMPA, and water pollution permits and controls under CWA for such certified activities.)
This section further (1) prohibits Federal, state, or local environmental reviews or evaluations as substitutes for the exempted laws (except DoD-determined mitigations); (2) directs the Secretary to review environmental best practices and update DoD policy as needed, beginning not later than five years after enactment and every five years thereafter; (3) precludes all court jurisdiction over covered certifications, activities, determinations, or projects; and (4) applies retroactively to ongoing activities as of enactment, nullifying any related pending legal actions or administrative proceedings under the four exempted laws.