Sec. 812. Consultation under Federal Land Policy and Management Act of 1976
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/bill/115/hr/2936/eh/section-812A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 202(f) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712(f) ) is amended— by striking
(f)The Secretary and inserting the following: The Secretary ; and by adding at the end the following: 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 the Endangered Species Act ( 16 U.S.C. 1536 ) and section 402.16 of title 50, Code of Federal Regulations (or a successor regulation)), with respect to— the listing of a species as threatened or endangered, or a designation of critical habitat, pursuant to the Endangered Species Act ( 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 any provision of a land use plan adopted as described in clause (i). 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— any reference contained in that section to a land management plan shall be deemed to be a reference to a land use plan; any reference contained in that section to the Forest Service shall be deemed to be a reference to the Bureau of Land Management; and 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. Nothing in this paragraph affects any applicable requirement of the Secretary to consult with the head of any other Federal department or agency— 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 the Endangered Species Act ( 16 U.S.C. 1531 et seq.); or 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. For purposes of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.), a forest management activity carried out by the Secretary concerned pursuant to this Act shall be considered a non-discretionary action. .
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- Pub. L. 94-588
- 90 Stat. 2949
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Sec. 812
Consultation under Federal Land Policy and Management Act of 1976
Pub. L.Pub. L. 94-588
Stat.90 Stat. 2949
Cites 5Cited by 0 across 0 sources