Title: Litigation Relief for Forest Management Projects Act
Policy area: Public Lands and Natural Resources

Summary:
Litigation Relief for Forest Management Projects Act
This bill amends the Forest and Rangeland Renewable Resources Planning Act of 1974 and the Federal land Policy and Management Act of 1976 to prohibit the Department of Agriculture (USDA) or the Department of the Interior from being required to engage in any additional consultation with respect to: (1) the listing of a species as threatened or endangered, or a designation of a critical habitat, if a land management plan or land use plan, respectively, has been adopted by USDA or Interior as of the date of the listing or designation; or (2) any provision of such an adopted plan.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 605 Introduced in Senate (IS)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Litigation Relief for Forest 
Management Projects Act''.

SEC. 2. FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING ACT OF 1974.

    (a) Consultation Regarding Land Management Plans.--Section 6(d) of 
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 
U.S.C. 1604(d)) is amended--
            (1) by striking ``(d) The Secretary'' and inserting the 
        following:
    ``(d) Public Participation and Consultation.--
            ``(1) In general.--The Secretary''; and
            (2) by adding at the end the following:
            ``(2) No additional consultation required after approval of 
        land management plans.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the Secretary shall not be required 
                to engage in consultation under this subsection or any 
                other provision of law (including section 7 of Public 
                Law 93-205 (16 U.S.C. 1536) and section 402.16 of title 
                50, Code of Federal Regulations (or a successor 
                regulation)) with respect to--
                            ``(i) the listing of a species as 
                        threatened or endangered, or a designation of 
                        critical habitat pursuant to Public Law 93-205 
                        (16 U.S.C. 1531 et seq.), if a land management 
                        plan has been adopted by the Secretary as of 
                        the date of listing or designation; or
                            ``(ii) any provision of a land management 
                        plan adopted as described in clause (i).
                    ``(B) Effect of paragraph.--Nothing in this 
                paragraph affects any applicable requirement of the 
                Secretary to consult with the head of any other Federal 
                department or agency--
                            ``(i) regarding any project to implement a 
                        land management plan, including a project 
                        carried out, or proposed to be carried out, in 
                        an area designated as critical habitat pursuant 
                        to Public Law 93-205 (16 U.S.C. 1531 et seq.); 
                        or
                            ``(ii) with respect to the development of a 
                        modification to a land management plan that 
                        would result in a significant change (within 
                        the meaning of subsection (f)(4)) in the land 
                        management plan.''.
    (b) Definition of Secretary; Conforming Amendments.--
            (1) Definition of secretary.--Section 3(a) of the Forest 
        and Rangeland Renewable Resources Planning Act of 1974 (16 
        U.S.C. 1601(a)) is amended, in the first sentence of the matter 
        preceding paragraph (1), by inserting ``(referred to in this 
        Act as the `Secretary')'' after ``Secretary of Agriculture''.
            (2) Conforming amendments.--The Forest and Rangeland 
        Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et 
        seq.) is amended, in sections 4 through 9, 12, 13, and 15, by 
        striking ``Secretary of Agriculture'' each place it appears and 
        inserting ``Secretary''.

SEC. 3. FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976.

    Section 202(f) of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1712(f)) is amended--
            (1) by striking ``(f) The Secretary'' and inserting the 
        following:
    ``(f) Public Involvement.--
            ``(1) In general.--The Secretary''; and
            (2) by adding at the end the following:
            ``(2) No additional consultation required after approval of 
        land use plans.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the Secretary shall not be required 
                to engage in consultation under this subsection or any 
                other provision of law (including section 7 of Public 
                Law 93-205 (16 U.S.C. 1536) and section 402.16 of title 
                50, Code of Federal Regulations (or a successor 
                regulation)), with respect to--
                            ``(i) the listing of a species as 
                        threatened or endangered, or a designation of 
                        critical habitat, pursuant to Public Law 93-205 
                        (16 U.S.C. 1531 et seq.), if a land use plan 
                        has been adopted by the Secretary as of the 
                        date of listing or designation; or
                            ``(ii) any provision of a land use plan 
                        adopted as described in clause (i).
                    ``(B) Effect of paragraph.--
                            ``(i) Definition of significant change.--In 
                        this subparagraph, the term `significant 
                        change' means a significant change within the 
                        meaning of section 219.13(b)(3) of title 36, 
                        Code of Federal Regulations (as in effect on 
                        the date of enactment of this subparagraph), 
                        except that--
                                    ``(I) any reference contained in 
                                that section to a land management plan 
                                shall be deemed to be a reference to a 
                                land use plan;
                                    ``(II) any reference contained in 
                                that section to the Forest Service 
                                shall be deemed to be a reference to 
                                the Bureau of Land Management; and
                                    ``(III) any reference contained in 
                                that section to the National Forest 
                                Management Act of 1976 (Public Law 94-
                                588; 90 Stat. 2949) shall be deemed to 
                                be a reference to this Act.
                            ``(ii) Effect.--Nothing in this paragraph 
                        affects any applicable requirement of the 
                        Secretary to consult with the head of any other 
                        Federal department or agency--
                                    ``(I) regarding a project carried 
                                out, or proposed to be carried out, 
                                with respect to a species listed as 
                                threatened or endangered, or in an area 
                                designated as critical habitat, 
                                pursuant to Public Law 93-205 (16 
                                U.S.C. 1531 et seq.); or
                                    ``(II) with respect to the 
                                development of a new land use plan or 
                                the revision of or other significant 
                                change to an existing land use plan.''.
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