Sage-Grouse and Mule Deer Habitat Conservation and Restoration Act of 2017

Summary: Sage-Grouse and Mule Deer Habitat Conservation and Restoration Act of 2017 This bill directs the Department of Interior to categorically exclude vegetative management activities that establish or improve habitat for greater sage-grouse and mule deer from environmental review requirements under the National Environmental Policy Act of 1969 (NEPA). Examples of vegetative management activities include restoring native vegetation following a natural disturbance or preventing the expansion of nonnative or invasive vegetation into such habitat.  A categorical exclusion under NEPA is a category of actions which do not have a significant effect on the human environment and for which neither an Environmental Assessment nor an Environmental Impact Statement is required. The bill prohibits the categorical exclusion from including: (1) activity conducted in a wilderness area or wilderness study area, or (2) activity for the construction of a permanent road or trail. Before commencing a vegetative management activity that is covered by a categorical exclusion, Interior must develop a long-term monitoring and maintenance plan, covering at least 20 years, to ensure that management of the treated area does not degrade the habitat gains secured by the vegetative management activity. Vegetative material resulting from vegetative management activity may be: (1) used for fuel wood or other products; or (2) piled or burned, or both.  Native vegetative cover must be reestablished on a temporary road constructed in connection with a categorically excluded vegetative management activity in order to minimize soil erosion from areas disturbed by the temporary road.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sage-Grouse and Mule Deer Habitat 
Conservation and Restoration Act of 2018''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Covered vegetation management activity.--
                    (A) In general.--The term ``covered vegetation 
                management activity'' means any activity described in 
                subparagraph (B) that--
                            (i) is carried out on public land 
                        administered by the Bureau of Land Management;
                            (ii) meets the objectives of the order of 
                        the Secretary numbered 3336 and dated January 
                        5, 2015;
                            (iii) conforms to an applicable land use 
                        plan;
                            (iv) protects, restores, or improves 
                        greater sage-grouse or mule deer habitat in a 
                        sagebrush steppe ecosystem as described in--
                                    (I) Circular 1416 of the United 
                                States Geological Survey entitled 
                                ``Restoration Handbook for Sagebrush 
                                Steppe Ecosystems with Emphasis on 
                                Greater Sage-Grouse Habitat--Part 1. 
                                Concepts for Understanding and Applying 
                                Restoration'' (2015); or
                                    (II) the habitat guidelines for 
                                mule deer published by the Mule Deer 
                                Working Group of the Western 
                                Association of Fish and Wildlife 
                                Agencies;
                            (v) will not permanently impair--
                                    (I) the natural state of the 
                                treated area;
                                    (II) outstanding opportunities for 
                                solitude;
                                    (III) outstanding opportunities for 
                                primitive, unconfined recreation;
                                    (IV) economic opportunities 
                                consistent with multiple-use 
                                management; or
                                    (V) the identified values of a unit 
                                of the National Landscape Conservation 
                                System; and
                            (vi)(I) restores native vegetation 
                        following a natural disturbance;
                            (II) prevents the expansion into greater 
                        sage-grouse or mule deer habitat of--
                                    (aa) juniper, pinyon pine, or other 
                                associated conifers; or
                                    (bb) nonnative or invasive 
                                vegetation;
                            (III) reduces the risk of loss of greater 
                        sage-grouse or mule deer habitat from wildfire 
                        or any other natural disturbance; or
                            (IV) provides emergency stabilization of 
                        soil resources after a natural disturbance.
                    (B) Description of activities.--An activity 
                referred to in subparagraph (A) is--
                            (i) manual cutting and removal of juniper 
                        trees, pinyon pine trees, other associated 
                        conifers, or other nonnative or invasive 
                        vegetation;
                            (ii) mechanical mastication, cutting, or 
                        mowing, mechanical piling and burning, 
                        chaining, broadcast burning, or yarding;
                            (iii) removal of cheat grass, medusa head 
                        rye, or other nonnative, invasive vegetation;
                            (iv) collection and seeding or planting of 
                        native vegetation using a manual, mechanical, 
                        or aerial method;
                            (v) seeding of nonnative, noninvasive, 
                        ruderal vegetation only for the purpose of 
                        emergency stabilization;
                            (vi) targeted use of an herbicide, subject 
                        to the condition that the use shall be in 
                        accordance with applicable legal requirements, 
                        Federal agency procedures, and land use plans;
                            (vii) targeted livestock grazing to 
                        mitigate hazardous fuels and control noxious 
                        and invasive weeds;
                            (viii) temporary removal of wild horses or 
                        burros in the area in which the activity is 
                        being carried out to ensure treatment 
                        objectives are met;
                            (ix) in coordination with the affected 
                        permit holder, modification or adjustment of 
                        permissible usage under an annual plan of use 
                        of a grazing permit issued by the Secretary to 
                        achieve restoration treatment objectives;
                            (x) installation of new, or modification of 
                        existing, fencing or water sources intended to 
                        control use or improve wildlife habitat; or
                            (xi) necessary maintenance of, repairs to, 
                        rehabilitation of, or reconstruction of an 
                        existing permanent road or construction of 
                        temporary roads to accomplish the activities 
                        described in this subparagraph.
                    (C) Exclusions.--The term ``covered vegetation 
                management activity'' does not include--
                            (i) any activity conducted in a wilderness 
                        area or wilderness study area; or
                            (ii) any activity for the construction of a 
                        permanent road or permanent trail.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Temporary road.--The term ``temporary road'' means a 
        road that is--
                    (A) authorized--
                            (i) by a contract, permit, lease, other 
                        written authorization; or
                            (ii) pursuant to an emergency operation;
                    (B) not intended to be part of the permanent 
                transportation system of a Federal department or 
                agency;
                    (C) not necessary for long-term resource 
                management;
                    (D) designed in accordance with standards 
                appropriate for the intended use of the road, taking 
                into consideration--
                            (i) safety;
                            (ii) the cost of transportation; and
                            (iii) impacts to land and resources; and
                    (E) managed to minimize--
                            (i) erosion; and
                            (ii) the introduction or spread of invasive 
                        species.

SEC. 3. IMPROVEMENT OF HABITAT FOR GREATER SAGE-GROUSE AND MULE DEER.

    (a) Categorical Exclusion.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Secretary shall develop 1 or 
        more categorical exclusions (as defined in section 1508.4 of 
        title 40, Code of Federal Regulations (or a successor 
        regulation)) for covered vegetation management activities 
        carried out to protect, restore, or improve habitat for greater 
        sage-grouse or mule deer.
            (2) Administration.--In developing and administering a 
        categorical exclusion under paragraph (1), the Secretary 
        shall--
                    (A) comply with the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.);
                    (B) apply the extraordinary circumstances 
                procedures under section 220.6 of title 36, Code of 
                Federal Regulations (or successor regulations), in 
                determining whether to use the categorical exclusion; 
                and
                    (C) consider--
                            (i) the relative efficacy of landscape-
                        scale habitat projects;
                            (ii) the likelihood of continued declines 
                        in the populations of greater sage-grouse and 
                        mule deer in the absence of landscape-scale 
                        vegetation management; and
                            (iii) the need for habitat restoration 
                        activities after wildfire or other natural 
                        disturbances.
    (b) Implementation of Covered Vegetative Management Activities 
Within the Range of Greater Sage-grouse and Mule Deer.--If a 
categorical exclusion developed under subsection (a) is used to 
implement a covered vegetative management activity in an area within 
the range of both greater sage-grouse and mule deer, the covered 
vegetative management activity shall protect, restore, or improve 
habitat concurrently for both greater sage-grouse and mule deer.
    (c) Long-term Monitoring and Maintenance.--Before commencing any 
covered vegetation management activity that is covered by a categorical 
exclusion under subsection (a), the Secretary shall develop a long-term 
monitoring and maintenance plan, covering at least the 20 year-period 
beginning on the date of commencement, to ensure that management of the 
treated area does not degrade the habitat gains secured by the covered 
vegetation management activity.
    (d) Disposal of Vegetative Material.--Subject to applicable local 
restrictions, any vegetative material resulting from a covered 
vegetation management activity that is covered by a categorical 
exclusion under subsection (a) may be--
            (1) used for--
                    (A) fuel wood; or
                    (B) other products; or
            (2) piled or burned, or both.
    (e) Treatment for Temporary Roads.--
            (1) In general.--Notwithstanding section 2(1)(B)(xi), any 
        temporary road constructed in carrying out a covered vegetation 
        management activity that is covered by a categorical exclusion 
        under subsection (a)--
                    (A) shall be used by the Secretary for the covered 
                vegetation management activity for not more than 2 
                years; and
                    (B) shall be decommissioned by the Secretary not 
                later than 3 years after the earlier of the date on 
                which--
                            (i) the temporary road is no longer needed; 
                        and
                            (ii) the project is completed.
            (2) Requirement.--A treatment under paragraph (1) shall 
        include reestablishing native vegetative cover--
                    (A) as soon as practicable; but
                    (B) not later than 10 years after the date of 
                completion of the applicable covered vegetation 
                management activity.

            Passed the Senate September 6, 2018.

            Attest:

                                                JULIE E. ADAMS,

                                                             Secretary.