[Congressional Record Volume 164, Number 148 (Thursday, September 6, 2018)]
[Senate]
[Pages S6062-S6063]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4012. Mr. McCONNELL (for Mr. Hatch (for himself and Mr. Heinrich))
proposed an amendment to the bill S. 1417, 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; as follows:
(Purpose: In the nature of a substitute)
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sage-Grouse and Mule Deer
Habitat Conservation and Restoration Act of 2018''.
SEC. 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;
[[Page S6063]]
(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.
SEC. 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.
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