[Congressional Record Volume 163, Number 41 (Thursday, March 9, 2017)]
[Senate]
[Page S1749]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DAINES (for himself and Mr. Tester):
  S. 605. 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; to the 
Committee on Environment and Public Works.
  Mr. DAINES. Mr. President, I ask unanimous consent that the text of 
the Litigation Relief for Forest Management Projects Act be printed in 
the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 605

       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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