Pub. L. 115-141, div. O, tit. II, sec. 208 (as amended)
CONSULTATION UNDER FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING ACT OF 1974.
SEC. 208. CONSULTATION UNDER 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.—Except as provided in subparagraph (B), notwithstanding any other provision of law, the Secretary shall not be required to engage in consultation under this section 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; and
“(ii) any provision of a land management plan adopted as described in clause (i).
“(B) Exception.—Subparagraph (A) shall not apply if—
“(i) 15 years have passed since the date on which the Secretary adopted the land management plan described in clause (i) of that subparagraph; and
“(ii) 5 years have passed since the date of enactment of this section or the date of the listing of a species as threatened or endangered for a species known to occur on the unit or the designation of critical habitat within the unit as described in clause (i) of that subparagraph, whichever is later.
“(C) 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 carried out, or proposed to be carried out, to implement a land management plan pursuant to Public Law 93-205 (16 U.S.C. 1531 et seq.), including any requirement to consult regarding the consideration of cumulative impacts of completed, ongoing, and planned projects; or
“(ii) with respect to—
“(I) the development of a modification to a land management plan; or
“(II) an amendment or revision to a land management plan in accordance with paragraph (4) or (5) of subsection (f).”
.
(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”.
- Public laws referenced
- 93-205