[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3533 Introduced in Senate (IS)]

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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.

    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, no additional consultation shall be 
                required under this subsection or any other provision 
                of law (including section 7 of the Endangered Species 
                Act of 1973 (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 the Endangered 
                        Species Act of 1973 (16 U.S.C. 1531 et seq.), 
                        if a land management plan has been adopted by 
                        the Secretary as of the date of 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 a project carried out, or 
                        proposed to be carried out, in an area 
                        designated as critical habitat pursuant to the 
                        Endangered Species Act of 1973 (16 U.S.C. 1531 
                        et seq.); or
                            ``(ii) with respect to the development of a 
                        new land management plan or the revision of an 
                        existing 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, no additional consultation shall be 
                required under this subsection or any other provision 
                of law (including section 7 of the Endangered Species 
                Act of 1973 (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 the Endangered 
                        Species Act of 1973 (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.--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 the Endangered Species Act of 1973 
                        (16 U.S.C. 1531 et seq.); or
                            ``(ii) with respect to the development of a 
                        new land use plan or the revision of an 
                        existing land use plan.''.
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