[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2561 Reported in Senate (RS)]

<DOC>





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

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

SECTION 1. TREATMENT OF CONSULTATION UNDER CERTAIN LAND AND RESOURCE 
              MANAGEMENT PLANS AND LAND USE PLANS.

<DELETED>    (a) National Forest System Land and Resource Management 
Plan.--Section 6 of the Forest and Rangeland Renewable Resources 
Planning Act of 1974 (16 U.S.C. 1604) is amended by adding at the end 
the following:</DELETED>
<DELETED>    ``(n) Completed Federal Action.--A land and resource 
management plan for a unit of the National Forest System approved, 
amended, or revised under this section shall not--</DELETED>
        <DELETED>    ``(1) be considered to be a continuing Federal 
        agency action; or</DELETED>
        <DELETED>    ``(2) constitute a discretionary Federal 
        involvement or control for a distinct Federal 
        purpose.''.</DELETED>
    (a) National Forest System Land and Resource Management Plans.--
Section 6(d) of the Forest and Rangeland Renewable Resources Planning 
Act of 1974 (16 U.S.C. 1604(d)) is amended by striking paragraph (2) 
and inserting the following: 
            ``(2) No additional consultation required after approval of 
        land management plans.--Notwithstanding any other provision of 
        law, the Secretary shall not be required to reinitiate 
        consultation under section 7 of the Endangered Species Act of 
        1973 (16 U.S.C. 1536) or section 402.16 of title 50, Code of 
        Federal Regulations (or a successor regulation), on a completed 
        land and resource management plan that has no on-the-ground 
        effects when--
                    ``(A) a new species is listed or a new critical 
                habitat is designated under that Act (16 U.S.C. 1531 et 
                seq.); or
                    ``(B) new information reveals effects of the land 
                and resource management plan that may affect a species 
                listed or critical habitat designated under that Act in 
                a manner or to an extent not previously considered.''.
    (b) Bureau of Land Management Land Use Plans.--Section 202 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) is 
amended by adding at the end the following:
<DELETED>    ``(g) Completed Federal Action.--A land management plan 
approved, amended, or revised under this section shall not--</DELETED>
        <DELETED>    ``(1) be considered to be a continuing Federal 
        agency action; or</DELETED>
        <DELETED>    ``(2) constitute a discretionary Federal 
        involvement or control for a distinct Federal 
        purpose.''.</DELETED>
    ``(g) No Additional Consultation Required After Approval of Land 
Use Plans.--Notwithstanding any other provision of law, the Secretary 
shall not be required to reinitiate consultation under section 7 of the 
Endangered Species Act of 1973 (16 U.S.C. 1536) or section 402.16 of 
title 50, Code of Federal Regulations (or a successor regulation), on a 
completed land use plan that has no on-the-ground effects when--
            ``(1) a new species is listed or a new critical habitat is 
        designated under that Act (16 U.S.C. 1531 et seq.); or
            ``(2) new information reveals effects of the land use plan 
        that may affect a species listed or critical habitat designated 
        under that Act in a manner or to 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.''.
                                                       Calendar No. 549

117th CONGRESS

  2d Session

                                S. 2561

                          [Report No. 117-198]

_______________________________________________________________________

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

_______________________________________________________________________

                           November 15, 2022

         Reported with amendments and an amendment to the title