II 

Calendar No. 549 

117TH CONGRESS 

2D SESSION S. 2561 

[Report No. 117–198] 

To amend the Forest and Rangeland Renewable Resources Planning Act 

of 1974 and the Federal Land Policy and Management Act of 1976 

to provide that a land resource management plan or land use plan 

approved, amended, or revised under those Acts shall not be considered 

to be a continuing Federal agency action or constitute a discretionary 

Federal involvement or control for a distinct Federal purpose, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2021 

Mr. DAINES (for himself, Mr. RISCH, Mr. CRAPO, and Mr. TESTER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

NOVEMBER 15, 2022 

Reported by Mr. MANCHIN, with amendments and an amendment to the title 

[Omit the part struck through 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 that a land resource 

management plan or land use plan approved, amended, 

or revised under those Acts shall not be considered to 

be a continuing Federal agency action or constitute a 


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2 

•S 2561 RS

discretionary Federal involvement or control for a distinct Federal purpose, and for other purposes. 

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

3 SECTION 1. TREATMENT OF CONSULTATION UNDER CER4 TAIN LAND AND RESOURCE MANAGEMENT 

5 PLANS AND LAND USE PLANS. 

6 (a) NATIONAL FOREST SYSTEM LAND AND RE7 SOURCE MANAGEMENT PLAN.—Section 6 of the Forest 

8 and Rangeland Renewable Resources Planning Act of 

9 1974 (16 U.S.C. 1604) is amended by adding at the end 

10 the following: 

11 ‘‘(n) COMPLETED FEDERAL ACTION.—A land and 

12 resource management plan for a unit of the National For13 est System approved, amended, or revised under this sec14 tion shall not— 

15 ‘‘(1) be considered to be a continuing Federal 

16 agency action; or 

17 ‘‘(2) constitute a discretionary Federal involve18 ment or control for a distinct Federal purpose.’’. 

19 (a) NATIONAL FOREST SYSTEM LAND AND RESOURCE

20 MANAGEMENT PLANS.—Section 6(d) of the Forest and 

21 Rangeland Renewable Resources Planning Act of 1974 (16 

22 U.S.C. 1604(d)) is amended by striking paragraph (2) and 

23 inserting the following: 


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•S 2561 RS

1 ‘‘(2) NO ADDITIONAL CONSULTATION REQUIRED

2 AFTER APPROVAL OF LAND MANAGEMENT PLANS.— 

3 Notwithstanding any other provision of law, the Sec4 retary shall not be required to reinitiate consultation 

5 under section 7 of the Endangered Species Act of 

6 1973 (16 U.S.C. 1536) or section 402.16 of title 50, 

7 Code of Federal Regulations (or a successor regula8 tion), on a completed land and resource management 

9 plan that has no on-the-ground effects when— 

10 ‘‘(A) a new species is listed or a new crit11 ical habitat is designated under that Act (16 

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

13 ‘‘(B) new information reveals effects of the 

14 land and resource management plan that may 

15 affect a species listed or critical habitat des16 ignated under that Act in a manner or to an ex17 tent not previously considered.’’. 

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 man23 agement plan approved, amended, or revised under this 

24 section shall not— 


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4 

•S 2561 RS

1 ‘‘(1) be considered to be a continuing Federal 

2 agency action; or 

3 ‘‘(2) constitute a discretionary Federal involve4 ment or control for a distinct Federal purpose.’’. 

5 ‘‘(g) NO ADDITIONAL CONSULTATION REQUIRED

6 AFTER APPROVAL OF LAND USE PLANS.—Notwithstanding 

7 any other provision of law, the Secretary shall not be re8 quired to reinitiate consultation under section 7 of the En9 dangered Species Act of 1973 (16 U.S.C. 1536) or section 

10 402.16 of title 50, Code of Federal Regulations (or a suc11 cessor regulation), on a completed land use plan that has 

12 no on-the-ground effects when— 

13 ‘‘(1) a new species is listed or a new critical 

14 habitat is designated under that Act (16 U.S.C. 1531 

15 et seq.); or 

16 ‘‘(2) new information reveals effects of the land 

17 use plan that may affect a species listed or critical 

18 habitat designated under that Act in a manner or to 

19 an extent not previously considered.’’. 

Amend the title so as to read: ‘‘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.’’. 


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Calendar No. 549 

117TH CONGRESS 

2D SESSION S. 2561 

[Report No. 117–198] 

A BILL 

To amend the Forest and Rangeland Renewable 

poses. a distinct Federal purpose, and for other purdiscretionary Federal involvement or control for continuing Federal agency action or constitute a under those Acts shall not be considered to be a land use plan approved, amended, or revised provide that a land resource management plan or Land Policy and Management Act of 1976 to Resources Planning Act of 1974 and the Federal 

NOVEMBER 15, 2022 

Reported with amendments and an amendment to the 

title 


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