[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1540 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 161
118th CONGRESS
  1st Session
                                S. 1540

                          [Report No. 118-77]

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2023

   Mr. Daines (for himself, Mr. Risch, Mr. Crapo, Mr. King, and Mr. 
    Tester) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                             July 25, 2023

               Reported by Mr. Manchin, with an amendment
 [Strike out all after the enacting clause 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 
   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.

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

<DELETED>SECTION 1. CONSULTATION UNDER CERTAIN LAND AND RESOURCE 
              MANAGEMENT PLANS AND LAND USE PLANS.</DELETED>

<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>
<DELETED>    (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>
<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>

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

    (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:
    ``(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.''.
                                                       Calendar No. 161

118th CONGRESS

  1st Session

                                S. 1540

                          [Report No. 118-77]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 25, 2023

                       Reported with an amendment