Sage-Grouse and Mule Deer Habitat Conservation and Restoration Act of 2018

Bill: 115-s-1417
Sponsor: full_name: Sen. Hatch, Orrin G. [R-UT]
Introduced: 2017-06-22
Policy area: Public Lands and Natural Resources
Subjects: Administrative law and regulatory procedures

Birds

Department of the Interior

Endangered and threatened species

Environmental assessment, monitoring, research

Fires

Land use and conservation

Mammals

Roads and highways

Wildlife conservation and habitat protection
Latest action: action_date: 2018-09-07
text: Referred to the House Committee on Natural Resources.

Summaries:
action_date: 2017-06-22
action_desc: Introduced in Senate
text: <p><b>Sage-Grouse and Mule Deer Habitat Conservation and Restoration Act of 2017</b></p> <p>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. </p> <p>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.</p> <p>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.</p> <p>Vegetative material resulting from vegetative management activity may be: (1) used for fuel wood or other products; or (2) piled or burned, or both. </p> <p>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.</p>

tv_txt: II 115th CONGRESS 1st Session S. 1417 IN THE SENATE OF THE UNITED STATES June 22, 2017 Mr. Hatch (for himself and Mr. Heinrich ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the Secretary of the Interior to develop a categorical exclusion for covered vegetative management activities carried out to establish or improve habitat for greater sage-grouse and mule deer, and for other purposes.

1. Short title This Act may be cited as the Sage-Grouse and Mule Deer Habitat Conservation and Restoration Act of 2017 . 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) meets the objectives of the order of the Secretary numbered 3336 and dated January 5, 2015; (ii) conforms to an applicable land use plan; (iii) protects, restores, or improves greater sage-grouse or mule deer habitat; (iv) will not permanently impair— (I) the natural state of the treated area; (II) outstanding opportunities for solitude; (III) outstanding opportunities for primitive, unconfined recreation; or (IV) the identified values of a unit of the National Landscape Conservation System; and (v) (I) restores native vegetation following a natural disturbance; (II) prevents the expansion into greater sage-grouse or mule deer habitat of— (aa) juniper, piñon pine, or any other conifer; 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, piñon pine trees, other 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, other nonnative vegetation, or an invasive species; (iv) collection and seeding or planting of native vegetation using a manual, mechanical, or aerial method; (v) seeding of nonnative vegetation only for the purpose of emergency stabilization; (vi) use of an herbicide, pesticide, or biological control agent, subject to the condition that the use shall be in accordance with applicable legal requirements, Federal agency procedures, and land use plans; (vii) targeted or late-season 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) temporary suspension of permitted grazing use until restoration treatment objectives are met; (x) installation of new, or modification of existing, fencing or water sources intended to control use or improve wildlife habitat; or (xi) construction of temporary roads. (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; and (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. 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 one or more categorical exclusions (as defined in section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation)) for covered vegetative management activities carried out to establish or improve habitat for greater sage-grouse and mule deer. (2) Administration In developing and administering a categorical exclusion under paragraph (1), the Secretary shall— (A) be consistent 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) Long-Term monitoring and maintenance Before commencing any covered vegetative 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 vegetative management activity. (c) 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. (d) Treatment for temporary roads (1) In general A temporary road constructed in connection with a covered vegetation management activity that is a categorical exclusion under subsection (a) shall be treated to ensure the reestablishment of native vegetative cover by artificial or natural means, as necessary to minimize erosion from any area disturbed by the construction or use of the temporary road. (2) Requirement A treatment under paragraph (1) shall be designed to reestablish 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.

tv_txt: IC 115th CONGRESS 2d Session S. 1417 IN THE HOUSE OF REPRESENTATIVES September 7, 2018 Referred to the Committee on Natural Resources AN ACT To require the Secretary of the Interior to develop a categorical exclusion for covered vegetative management activities carried out to establish or improve habitat for greater sage-grouse and mule deer, and for other purposes.

1. Short title This Act may be cited as the Sage-Grouse and Mule Deer Habitat Conservation and Restoration Act of 2018 . 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. 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. Julie E. Adams, Secretary

tv_txt: 115th CONGRESS 2d Session S. 1417 IN THE SENATE OF THE UNITED STATES AN ACT To require the Secretary of the Interior to develop a categorical exclusion for covered vegetative management activities carried out to establish or improve habitat for greater sage-grouse and mule deer, and for other purposes.

1. Short title This Act may be cited as the Sage-Grouse and Mule Deer Habitat Conservation and Restoration Act of 2018 . 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. 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. Secretary