Sec. 105. New information in land management plans
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The Secretary concerned shall not be required to reinitiate consultation under section 7(a)(2) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(a)(2) ) on a Federal action described in subsection
(b)for new information affecting the listing of a species as threatened or endangered or the designation of critical habitat under that Act ( 16 U.S.C. 1531 et seq.) unless the new information was— influential scientific information (as defined in the guidance document prepared by the Office of Management and Budget entitled Final Information Quality Bulletin for Peer Review and dated December 16, 2004); peer reviewed; and printed in a publication that is publicly accessible. While any consultation initiated under paragraph
(1)is pending, the Secretary concerned may take an action on Federal land to implement a land management plan, a resource management plan, or a regulation relating to Federal land that is the subject of the new information, if the Secretary concerned complies with section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ) regarding that action. A Federal action referred to in subsection
(a)is any of the following: An action on Federal land. A land management plan or resource management plan. An action described in subsection (a)(2) shall not be considered an irreversible or irretrievable commitment of resources to implement a land management plan, a resource management plan, or a regulation relating to Federal land. Nothing in this section affects any applicable requirement of the Secretary concerned to consult with the head of any other Federal department or agency— regarding any project carried out, or proposed to be carried out, to implement a land management plan or resource management plan pursuant to the Endangered Species Act of 1973 ( 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 with respect to— an amendment or revision to a land management plan; or a regulation relating to Federal land.
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