[Congressional Record Volume 164, Number 148 (Thursday, September 6, 2018)]
[Senate]
[Pages S6102-S6103]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 SAGE-GROUSE AND MULE DEER HABITAT CONSERVATION AND RESTORATION ACT OF 
                                  2017

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
Committee on Environment and Public Works be discharged from further 
consideration of S. 1417 and the Senate proceed to its immediate 
consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Hatch 
amendment at the desk be agreed to; that the bill, as amended, be 
considered read a third time and passed; and that the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4012) was agreed to 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;
       (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

[[Page S6103]]

     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.

  The bill (S. 1417), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

                          ____________________