II 

115TH CONGRESS 

1ST SESSION S. 605 

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 SENATE OF THE UNITED STATES 

MARCH 9, 2017 

Mr. DAINES (for himself and Mr. TESTER) introduced the following bill; which 

was read twice and referred to the Committee on Environment and Public 

Works 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Litigation Relief for 

5 Forest Management Projects Act’’. 


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1 SEC. 2. FOREST AND RANGELAND RENEWABLE RESOURCES 

2 PLANNING ACT OF 1974. 

3 (a) CONSULTATION REGARDING LAND MANAGEMENT

4 PLANS.—Section 6(d) of the Forest and Rangeland Re5 newable Resources Planning Act of 1974 (16 U.S.C. 

6 1604(d)) is amended— 

7 (1) by striking ‘‘(d) The Secretary’’ and insert8 ing the following: 

9 ‘‘(d) PUBLIC PARTICIPATION AND CONSULTATION.— 

10 ‘‘(1) IN GENERAL.—The Secretary’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(2) NO ADDITIONAL CONSULTATION RE13 QUIRED AFTER APPROVAL OF LAND MANAGEMENT

14 PLANS.— 

15 ‘‘(A) IN GENERAL.—Notwithstanding any 

16 other provision of law, the Secretary shall not 

17 be required to engage in consultation under this 

18 subsection or any other provision of law (includ19 ing section 7 of Public Law 93–205 (16 U.S.C. 

20 1536) and section 402.16 of title 50, Code of 

21 Federal Regulations (or a successor regulation)) 

22 with respect to— 

23 ‘‘(i) the listing of a species as threat24 ened or endangered, or a designation of 

25 critical habitat pursuant to Public Law 

26 93–205 (16 U.S.C. 1531 et seq.), if a land 


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1 management plan has been adopted by the 

2 Secretary as of the date of listing or des3 ignation; or 

4 ‘‘(ii) any provision of a land manage5 ment plan adopted as described in clause 

6 (i). 

7 ‘‘(B) EFFECT OF PARAGRAPH.—Nothing 

8 in this paragraph affects any applicable require9 ment of the Secretary to consult with the head 

10 of any other Federal department or agency— 

11 ‘‘(i) regarding any project to imple12 ment a land management plan, including a 

13 project carried out, or proposed to be car14 ried out, in an area designated as critical 

15 habitat pursuant to Public Law 93–205 

16 (16 U.S.C. 1531 et seq.); or 

17 ‘‘(ii) with respect to the development 

18 of a modification to a land management 

19 plan that would result in a significant 

20 change (within the meaning of subsection 

21 (f)(4)) in the land management plan.’’. 

22 (b) DEFINITION OF SECRETARY; CONFORMING

23 AMENDMENTS.— 

24 (1) DEFINITION OF SECRETARY.—Section 3(a) 

25 of the Forest and Rangeland Renewable Resources 


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1 Planning Act of 1974 (16 U.S.C. 1601(a)) is 

2 amended, in the first sentence of the matter pre3 ceding paragraph (1), by inserting ‘‘(referred to in 

4 this Act as the ‘Secretary’)’’ after ‘‘Secretary of Ag5 riculture’’. 

6 (2) CONFORMING AMENDMENTS.—The Forest 

7 and Rangeland Renewable Resources Planning Act 

8 of 1974 (16 U.S.C. 1600 et seq.) is amended, in sec9 tions 4 through 9, 12, 13, and 15, by striking ‘‘Sec10 retary of Agriculture’’ each place it appears and in11 serting ‘‘Secretary’’. 

12 SEC. 3. FEDERAL LAND POLICY AND MANAGEMENT ACT OF 

13 1976. 

14 Section 202(f) of the Federal Land Policy and Man15 agement Act of 1976 (43 U.S.C. 1712(f)) is amended— 

16 (1) by striking ‘‘(f) The Secretary’’ and insert17 ing the following: 

18 ‘‘(f) PUBLIC INVOLVEMENT.— 

19 ‘‘(1) IN GENERAL.—The Secretary’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(2) NO ADDITIONAL CONSULTATION RE22 QUIRED AFTER APPROVAL OF LAND USE PLANS.— 

23 ‘‘(A) IN GENERAL.—Notwithstanding any 

24 other provision of law, the Secretary shall not 

25 be required to engage in consultation under this 


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1 subsection or any other provision of law (includ2 ing section 7 of Public Law 93–205 (16 U.S.C. 

3 1536) and section 402.16 of title 50, Code of 

4 Federal Regulations (or a successor regula5 tion)), with respect to— 

6 ‘‘(i) the listing of a species as threat7 ened or endangered, or a designation of 

8 critical habitat, pursuant to Public Law 

9 93–205 (16 U.S.C. 1531 et seq.), if a land 

10 use plan has been adopted by the Sec11 retary as of the date of listing or designa12 tion; or 

13 ‘‘(ii) any provision of a land use plan 

14 adopted as described in clause (i). 

15 ‘‘(B) EFFECT OF PARAGRAPH.— 

16 ‘‘(i) DEFINITION OF SIGNIFICANT

17 CHANGE.—In this subparagraph, the term 

18 ‘significant change’ means a significant 

19 change within the meaning of section 

20 219.13(b)(3) of title 36, Code of Federal 

21 Regulations (as in effect on the date of en22 actment of this subparagraph), except 

23 that— 

24 ‘‘(I) any reference contained in 

25 that section to a land management 


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1 plan shall be deemed to be a reference 

2 to a land use plan; 

3 ‘‘(II) any reference contained in 

4 that section to the Forest Service 

5 shall be deemed to be a reference to 

6 the Bureau of Land Management; and 

7 ‘‘(III) any reference contained in 

8 that section to the National Forest 

9 Management Act of 1976 (Public Law 

10 94–588; 90 Stat. 2949) shall be 

11 deemed to be a reference to this Act. 

12 ‘‘(ii) EFFECT.—Nothing in this para13 graph affects any applicable requirement of 

14 the Secretary to consult with the head of 

15 any other Federal department or agency— 

16 ‘‘(I) regarding a project carried 

17 out, or proposed to be carried out, 

18 with respect to a species listed as 

19 threatened or endangered, or in an 

20 area designated as critical habitat, 

21 pursuant to Public Law 93–205 (16 

22 U.S.C. 1531 et seq.); or 

23 ‘‘(II) with respect to the develop24 ment of a new land use plan or the reVerDate Sep 11 2014 23:43 Mar 16, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S605.IS S605

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1 vision of or other significant change to 

2 an existing land use plan.’’. 

Æ 


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