The relationship of military readiness activities of the Department of Defense (DOD) to the Migratory Bird Treaty Act (MBTA) and to the Endangered Species Act (ESA) was the subject of legislative proposals in the 107th Congress and again is in the 108th. P.L. 107-314 was silent as to ESA issues, but does contain MBTA provisions. Section 315 of P.L. 107-314 directs that regulations be developed to exempt the Armed Forces from MBTA penalties for the incidental taking of migratory birds during military readiness activities. Until such regulations are finalized, 315 provides that the prohibitions of the Migratory Bird Treaty Act do not apply to the incidental taking of migratory birds by a member of the Armed Forces during military readiness activities. However, during the interim period until regulations are finalized, the Secretary of Defense, in consultation with the Secretary of the Interior, is to minimize and mitigate, to the extent practicable, adverse impacts of the readiness activities on affected migratory birds. Under the ESA, the Secretary of the Interior (and in some circumstances the Secretary of Commerce) can designate critical habitat after taking into account economic or any relevant impacts. Section 322 of S. 1050, as passed on May 22, 2003, would add new provisions to Title 10 of the United States Code to preclude the designation of critical habitat by the Secretary of the Interior on DOD lands if an Integrated Natural Resources Management Plan (INRMP) is completed for that area that the Secretary determines in writing will effectively conserve the listed species in the planning area, and that contains assurances that adequate funds will be provided for the planned activities.