S. 1540 — Reported in Senate

II Calendar No. 161 118th CONGRESS 1st Session S. 1540 [Report No. 118–77] IN THE SENATE OF THE UNITED STATES May 10, 2023Mr. 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, 2023Reported by Mr. Manchin, with an amendmentStrike 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. 1. Consultation under certain land and resource management plans and land use plans (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: (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— (1) be considered to be a continuing Federal agency action; or (2) constitute a discretionary Federal involvement or control for a distinct Federal purpose. . (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) Completed Federal action A land management plan approved, amended, or revised under this section shall not— (1) be considered to be a continuing Federal agency action; or (2) constitute a discretionary Federal involvement or control for a distinct Federal purpose. . 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. . July 25, 2023Reported with an amendment