Congress to exempt Pentagon from Migratory Bird Treaty Act

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Posted on Apr 29 2002
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Washington Rep. Pete A. Tenorio announced that the House Armed Services Subcommittee on Military Readiness has included language in the Fiscal Year 2003 Appropriations Bill for the Department of Defense to exempt the military form some environmental laws to improve military bases and bombing ranges more realistic.

Tenorio said this is in partial response to a potential court ordered injunction that halted military training on Farallon de Medinilla if it resulted in the death or injury of a single duck. This legislation would reverse a March 2002 judicial result in the decision applying the Migratory Bird Treaty Act to training activities at the FDM range.

The legislation merely restores the legal and regulatory status quo as it existed for over 80 years. The military routinely undertakes extensive mitigation efforts throughout all aviation activities, because bird strikes represent a critical threat to pilot safety.

According to Pentagon briefing papers, the FDM range is vital to “Operation Enduring Freedom,” America’s was against terrorism. According to the Pentagon “the FDM has become a necessity for training and readiness in the war against terrorism. Closing FDM will mean that units transiting to the Seventh Fleet area of responsibility may not have adequate range training before they are required to engage in combat operations in support of Operation Enduring Freedom.”

The Covenant grants the U.S. government a long term lease of Farallon de Medinilla, Tinian and part of the Tanapag harbor. These areas were made available to help the U.S. carry out its defense responsibilities.

In a letter to the Armed Services Committee, Tenorio said, “Certainly the need for a trained military is recognized more than ever since the horrific events of September 11th. The safety and well being of the people of the CNMI and our nation as a whole are dependent upon the ability of the U.S. military to defend us.”

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