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.

II 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. VerDate Sep 11 2014 05:23 Jul 26, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S1540.RS S1540 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1540 RS Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. CONSULTATION UNDER CERTAIN LAND AND 3 RESOURCE MANAGEMENT PLANS AND LAND 4 USE PLANS. 5 (a) NATIONAL FOREST SYSTEM LAND AND RE- 6 SOURCE MANAGEMENT PLAN.—Section 6 of the Forest 7 and Rangeland Renewable Resources Planning Act of 8 1974 (16 U.S.C. 1604) is amended by adding at the end 9 the following: 10 ‘‘(n) COMPLETED FEDERAL ACTION.—A land and 11 resource management plan for a unit of the National For- 12 est System approved, amended, or revised under this sec- 13 tion shall not— 14 ‘‘(1) be considered to be a continuing Federal 15 agency action; or 16 ‘‘(2) constitute a discretionary Federal involve- 17 ment or control for a distinct Federal purpose.’’. 18 (b) BUREAU OF LAND MANAGEMENT LAND USE 19 PLANS.—Section 202 of the Federal Land Policy and 20 Management Act of 1976 (43 U.S.C. 1712) is amended 21 by adding at the end the following: 22 ‘‘(g) COMPLETED FEDERAL ACTION.—A land man- 23 agement plan approved, amended, or revised under this 24 section shall not— 25 VerDate Sep 11 2014 05:23 Jul 26, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1540.RS S1540 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1540 RS ‘‘(1) be considered to be a continuing Federal 1 agency action; or 2 ‘‘(2) constitute a discretionary Federal involve- 3 ment or control for a distinct Federal purpose.’’. 4 SECTION 1. CONSULTATION UNDER CERTAIN LAND AND 5 RESOURCE MANAGEMENT PLANS AND LAND 6 USE PLANS. 7 (a) NATIONAL FOREST SYSTEM LAND AND RESOURCE 8 MANAGEMENT PLANS.—Section 6(d) of the Forest and 9 Rangeland Renewable Resources Planning Act of 1974 (16 10 U.S.C. 1604(d)) is amended by striking paragraph (2) and 11 inserting the following: 12 ‘‘(2) NO ADDITIONAL CONSULTATION REQUIRED 13 AFTER APPROVAL OF LAND MANAGEMENT PLANS.— 14 Notwithstanding any other provision of law, the Sec- 15 retary shall not be required to reinitiate consultation 16 under section 7 of the Endangered Species Act of 17 1973 (16 U.S.C. 1536) or section 402.16 of title 50, 18 Code of Federal Regulations (or a successor regula- 19 tion), on a completed land and resource management 20 plan that has no on-the-ground effects when— 21 ‘‘(A) a new species is listed or a new crit- 22 ical habitat is designated under that Act (16 23 U.S.C. 1531 et seq.); or 24 VerDate Sep 11 2014 05:23 Jul 26, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\S1540.RS S1540 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1540 RS ‘‘(B) new information reveals effects of the 1 land and resource management plan that may 2 affect a species listed or critical habitat des- 3 ignated under that Act in a manner or to an ex- 4 tent not previously considered.’’. 5 (b) BUREAU OF LAND MANAGEMENT LAND USE 6 PLANS.—Section 202 of the Federal Land Policy and Man- 7 agement Act of 1976 (43 U.S.C. 1712) is amended by add- 8 ing at the end the following: 9 ‘‘(g) NO ADDITIONAL CONSULTATION REQUIRED 10 AFTER APPROVAL OF LAND USE PLANS.—Notwithstanding 11 any other provision of law, the Secretary shall not be re- 12 quired to reinitiate consultation under section 7 of the En- 13 dangered Species Act of 1973 (16 U.S.C. 1536) or section 14 402.16 of title 50, Code of Federal Regulations (or a suc- 15 cessor regulation), on a completed land use plan that has 16 no on-the-ground effects when— 17 ‘‘(1) a new species is listed or a new critical 18 habitat is designated under that Act (16 U.S.C. 1531 19 et seq.); or 20 ‘‘(2) new information reveals effects of the land 21 use plan that may affect a species listed or critical 22 habitat designated under that Act in a manner or to 23 an extent not previously considered.’’. 24 VerDate Sep 11 2014 05:23 Jul 26, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\S1540.RS S1540 kjohnson on DSK79L0C42PROD with BILLS VerDate Sep 11 2014 05:23 Jul 26, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S1540.RS S1540 kjohnson on DSK79L0C42PROD with BILLS 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 reiniti- ation 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 VerDate Sep 11 2014 05:23 Jul 26, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\S1540.RS S1540 kjohnson on DSK79L0C42PROD with BILLS