[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1540 Reported in Senate (RS)]
<DOC>
Calendar No. 161
118th CONGRESS
1st Session
S. 1540
[Report No. 118-77]
To amend the Forest and Rangeland Renewable Resources Planning Act of
1974 and the Federal Land Policy and Management Act of 1976 to provide
for circumstances under which reinitiation of consultation is not
required under a land and resource management plan or land use plan
under those Acts, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 10, 2023
Mr. Daines (for himself, Mr. Risch, Mr. Crapo, Mr. King, and Mr.
Tester) introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
July 25, 2023
Reported by Mr. Manchin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Forest and Rangeland Renewable Resources Planning Act of
1974 and the Federal Land Policy and Management Act of 1976 to provide
for circumstances under which reinitiation of consultation is not
required under a land and resource management plan or land use plan
under those Acts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. CONSULTATION UNDER CERTAIN LAND AND RESOURCE
MANAGEMENT PLANS AND LAND USE PLANS.</DELETED>
<DELETED> (a) National Forest System Land and Resource Management
Plan.--Section 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604) is amended by adding at the end
the following:</DELETED>
<DELETED> ``(n) Completed Federal Action.--A land and resource
management plan for a unit of the National Forest System approved,
amended, or revised under this section shall not--</DELETED>
<DELETED> ``(1) be considered to be a continuing Federal
agency action; or</DELETED>
<DELETED> ``(2) constitute a discretionary Federal
involvement or control for a distinct Federal
purpose.''.</DELETED>
<DELETED> (b) Bureau of Land Management Land Use Plans.--Section 202
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712)
is amended by adding at the end the following:</DELETED>
<DELETED> ``(g) Completed Federal Action.--A land management plan
approved, amended, or revised under this section shall not--</DELETED>
<DELETED> ``(1) be considered to be a continuing Federal
agency action; or</DELETED>
<DELETED> ``(2) constitute a discretionary Federal
involvement or control for a distinct Federal
purpose.''.</DELETED>
SECTION 1. CONSULTATION UNDER CERTAIN LAND AND RESOURCE MANAGEMENT
PLANS AND LAND USE PLANS.
(a) National Forest System Land and Resource Management Plans.--
Section 6(d) of the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1604(d)) is amended by striking paragraph (2)
and inserting the following:
``(2) No additional consultation required after approval of
land management plans.--Notwithstanding any other provision of
law, the Secretary shall not be required to reinitiate
consultation under section 7 of the Endangered Species Act of
1973 (16 U.S.C. 1536) or section 402.16 of title 50, Code of
Federal Regulations (or a successor regulation), on a completed
land and resource management plan that has no on-the-ground
effects when--
``(A) a new species is listed or a new critical
habitat is designated under that Act (16 U.S.C. 1531 et
seq.); or
``(B) new information reveals effects of the land
and resource management plan that may affect a species
listed or critical habitat designated under that Act in
a manner or to an extent not previously considered.''.
(b) Bureau of Land Management Land Use Plans.--Section 202 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) is
amended by adding at the end the following:
``(g) No Additional Consultation Required After Approval of Land
Use Plans.--Notwithstanding any other provision of law, the Secretary
shall not be required to reinitiate consultation under section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536) or section 402.16 of
title 50, Code of Federal Regulations (or a successor regulation), on a
completed land use plan that has no on-the-ground effects when--
``(1) a new species is listed or a new critical habitat is
designated under that Act (16 U.S.C. 1531 et seq.); or
``(2) new information reveals effects of the land use plan
that may affect a species listed or critical habitat designated
under that Act in a manner or to an extent not previously
considered.''.
Calendar No. 161
118th CONGRESS
1st Session
S. 1540
[Report No. 118-77]
_______________________________________________________________________
A BILL
To amend the Forest and Rangeland Renewable Resources Planning Act of
1974 and the Federal Land Policy and Management Act of 1976 to provide
for circumstances under which reinitiation of consultation is not
required under a land and resource management plan or land use plan
under those Acts, and for other purposes.
_______________________________________________________________________
July 25, 2023
Reported with an amendment