Litigation Relief for Forest Management Projects Act
This bill amends the Forest and Rangeland Renewable Resources Planning Act of 1974 to prohibit any additional consultation from being required with respect to: (1) the listing of a species as threatened or endangered, or a designation of a critical habitat, if a land management plan has been adopted by the Department of Agriculture as of the designation date; or (2) any provision of such an adopted plan.
The bill amends the Federal land Policy and Management Act of 1976 to prohibit any additional consultation from being required with respect to: (1) the listing of a species as threatened or endangered, or a designation of critical habitat, if a land use plan has been adopted by the Department of the Interior as of the designation date; or (2) any provision of such an adopted plan.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6528 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 6528
To amend the Forest and Rangeland Renewable Resources Planning Act of
1974 and the Federal Land Policy and Management Act of 1976 to
discourage litigation against the Forest Service and the Bureau of Land
Management relating to land management projects.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 12, 2016
Mr. Zinke introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on
Agriculture, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
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
discourage litigation against the Forest Service and the Bureau of Land
Management relating to land management projects.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Litigation Relief for Forest
Management Projects Act''.
SEC. 2. FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING ACT OF 1974.
(a) Consultation Regarding Land Management Plans.--Section 6(d) of
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604(d)) is amended--
(1) by striking ``(d) The Secretary'' and inserting the
following:
``(d) Public Participation and Consultation.--
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) No additional consultation required after approval of
land management plans.--
``(A) In general.--Notwithstanding any other
provision of law, no additional consultation shall be
required under this subsection or any other provision
of law (including section 7 of the Endangered Species
Act of 1973 (16 U.S.C. 1536) and section 402.16 of
title 50, Code of Federal Regulations (or a successor
regulation)) with respect to--
``(i) the listing of a species as
threatened or endangered, or a designation of
critical habitat pursuant to the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.),
if a land management plan has been adopted by
the Secretary as of the date of designation; or
``(ii) any provision of a land management
plan adopted as described in clause (i).
``(B) Effect of paragraph.--Nothing in this
paragraph affects any applicable requirement of the
Secretary to consult with the head of any other Federal
department or agency--
``(i) regarding a project carried out, or
proposed to be carried out, in an area
designated as critical habitat pursuant to the
Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.); or
``(ii) with respect to the development of a
new land management plan or the revision of an
existing land management plan.''.
(b) Definition of Secretary; Conforming Amendments.--
(1) Definition of secretary.--Section 3(a) of the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1601(a)) is amended, in the first sentence of the matter
preceding paragraph (1), by inserting ``(referred to in this
Act as the `Secretary')'' after ``Secretary of Agriculture''.
(2) Conforming amendments.--The Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et
seq.) is amended, in sections 4 through 9, 12, 13, and 15, by
striking ``Secretary of Agriculture'' each place it appears and
inserting ``Secretary''.
SEC. 3. FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976.
Section 202(f) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712(f)) is amended--
(1) by striking ``(f) The Secretary'' and inserting the
following:
``(f) Public Involvement.--
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) No additional consultation required after approval of
land use plans.--
``(A) In general.--Notwithstanding any other
provision of law, no additional consultation shall be
required under this subsection or any other provision
of law (including section 7 of the Endangered Species
Act of 1973 (16 U.S.C. 1536) and section 402.16 of
title 50, Code of Federal Regulations (or a successor
regulation)), with respect to--
``(i) the listing of a species as
threatened or endangered, or a designation of
critical habitat, pursuant to the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.),
if a land use plan has been adopted by the
Secretary as of the date of listing or
designation; or
``(ii) any provision of a land use plan
adopted as described in clause (i).
``(B) Effect of paragraph.--Nothing in this
paragraph affects any applicable requirement of the
Secretary to consult with the head of any other Federal
department or agency--
``(i) regarding a project carried out, or
proposed to be carried out, with respect to a
species listed as threatened or endangered, or
in an area designated as critical habitat,
pursuant to the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.); or
``(ii) with respect to the development of a
new land use plan or the revision of an
existing land use plan.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Federal Lands.
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