II 

114TH CONGRESS 

2D SESSION S. 3533 

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 

DECEMBER 8, 2016 

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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•S 3533 IS

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, no additional consulta17 tion shall be required under this subsection or 

18 any other provision of law (including section 7 

19 of the Endangered Species Act of 1973 (16 

20 U.S.C. 1536) and section 402.16 of title 50, 

21 Code of Federal Regulations (or a successor 

22 regulation)) with respect to— 

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

25 critical habitat pursuant to the Endan26 gered Species Act of 1973 (16 U.S.C. 


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1 1531 et seq.), if a land management plan 

2 has been adopted by the Secretary as of 

3 the date of designation; 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 a project carried out, 

12 or proposed to be carried out, in an area 

13 designated as critical habitat pursuant to 

14 the Endangered Species Act of 1973 (16 

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

16 ‘‘(ii) with respect to the development 

17 of a new land management plan or the re18 vision of an existing land management 

19 plan.’’. 

20 (b) DEFINITION OF SECRETARY; CONFORMING

21 AMENDMENTS.— 

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

23 of the Forest and Rangeland Renewable Resources 

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

25 amended, in the first sentence of the matter preVerDate Sep 11 2014 02:16 Dec 13, 2016 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3533.IS S3533

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1 ceding paragraph (1), by inserting ‘‘(referred to in 

2 this Act as the ‘Secretary’)’’ after ‘‘Secretary of Ag3 riculture’’. 

4 (2) CONFORMING AMENDMENTS.—The Forest 

5 and Rangeland Renewable Resources Planning Act 

6 of 1974 (16 U.S.C. 1600 et seq.) is amended, in sec7 tions 4 through 9, 12, 13, and 15, by striking ‘‘Sec8 retary of Agriculture’’ each place it appears and in9 serting ‘‘Secretary’’. 

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

11 1976. 

12 Section 202(f) of the Federal Land Policy and Man13 agement Act of 1976 (43 U.S.C. 1712(f)) is amended— 

14 (1) by striking ‘‘(f) The Secretary’’ and insert15 ing the following: 

16 ‘‘(f) PUBLIC INVOLVEMENT.— 

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

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

19 ‘‘(2) NO ADDITIONAL CONSULTATION RE20 QUIRED AFTER APPROVAL OF LAND USE PLANS.— 

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

22 other provision of law, no additional consulta23 tion shall be required under this subsection or 

24 any other provision of law (including section 7 

25 of the Endangered Species Act of 1973 (16 


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1 U.S.C. 1536) and section 402.16 of title 50, 

2 Code of Federal Regulations (or a successor 

3 regulation)), with respect to— 

4 ‘‘(i) the listing of a species as threat5 ened or endangered, or a designation of 

6 critical habitat, pursuant to the Endan7 gered Species Act of 1973 (16 U.S.C. 

8 1531 et seq.), if a land use plan has been 

9 adopted by the Secretary as of the date of 

10 listing or designation; or 

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

12 adopted as described in clause (i). 

13 ‘‘(B) EFFECT OF PARAGRAPH.—Nothing 

14 in this paragraph affects any applicable require15 ment of the Secretary to consult with the head 

16 of any other Federal department or agency— 

17 ‘‘(i) regarding a project carried out, 

18 or proposed to be carried out, with respect 

19 to a species listed as threatened or endan20 gered, or in an area designated as critical 

21 habitat, pursuant to the Endangered Spe22 cies Act of 1973 (16 U.S.C. 1531 et seq.); 

23 or 


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1 ‘‘(ii) with respect to the development 

2 of a new land use plan or the revision of 

3 an existing land use plan.’’. 

Æ 


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