Litigation Relief for Forest Management Projects Act
This bill amends the Forest and Rangeland Renewable Resources Planning Act of 1974 and the Federal Land Policy and Management Act of 1976 to prohibit the Department of Agriculture (USDA) or the Department of the Interior from being required to engage in any additional consultation 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 or land use plan, respectively, has been adopted by USDA or Interior as of the date of the listing or designation; or (2) any provision of such an adopted plan.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1483 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 1483
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
March 9, 2017
Mr. Simpson (for himself and Mr. Peterson) 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, the Secretary shall not be required
to engage in consultation under this subsection or any
other provision of law (including section 7 of Public
Law 93-205 (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 Public Law 93-205
(16 U.S.C. 1531 et seq.), if a land management
plan has been adopted by the Secretary as of
the date of listing or 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 any project to implement a
land management plan, including a project
carried out, or proposed to be carried out, in
an area designated as critical habitat pursuant
to Public Law 93-205 (16 U.S.C. 1531 et seq.);
or
``(ii) with respect to the development of a
modification to a land management plan that
would result in a significant change (within
the meaning of subsection (f)(4)) in the 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, the Secretary shall not be required
to engage in consultation under this subsection or any
other provision of law (including section 7 of Public
Law 93-205 (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 Public Law 93-205
(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.--
``(i) Definition of significant change.--In
this subparagraph, the term `significant
change' means a significant change within the
meaning of section 219.13(b)(3) of title 36,
Code of Federal Regulations (as in effect on
the date of enactment of this subparagraph),
except that--
``(I) any reference contained in
that section to a land management plan
shall be deemed to be a reference to a
land use plan;
``(II) any reference contained in
that section to the Forest Service
shall be deemed to be a reference to
the Bureau of Land Management; and
``(III) any reference contained in
that section to the National Forest
Management Act of 1976 (Public Law 94-
588; 90 Stat. 2949) shall be deemed to
be a reference to this Act.
``(ii) Effect.--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 Public Law 93-205 (16
U.S.C. 1531 et seq.); or
``(II) with respect to the
development of a new land use plan or
the revision of or other significant
change to 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.
Referred to the Subcommittee on Conservation and Forestry.
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