16 U.S.C. § 1604 - National Forest System land and resource management plans

Cite as:16 U.S.C. § 1604
Currency:Current through P.L. 116-65 (10/09/2019)
 
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(a) Development, maintenance, and revision by Secretary as part of program; coordination

As a part of the Program provided for by section 1602 of this title, the Secretary shall develop, maintain, and, as appropriate, revise land and resource management plans for units of the National Forest System, coordinated with the land and resource management planning processes of State and local governments and other Federal agencies.

(b) Criteria

In the development and maintenance of land management plans for use on units of the National Forest System, the Secretary shall use a systematic interdisciplinary approach to achieve integrated consideration of physical, biological, economic, and other sciences.

(c) Incorporation of standards and guidelines by Secretary; time of completion; progress reports; existing management plans

The Secretary shall begin to incorporate the standards and guidelines required by this section in plans for units of the National Forest System as soon as practicable after October 22, 1976, and shall attempt to complete such incorporation for all such units by no later than September 30, 1985. The Secretary shall report to the Congress on the progress of such incorporation in the annual report required by section 1606(c) of this title. Until such time as a unit of the National Forest System is managed under plans developed in accordance with this subchapter, the management of such unit may continue under existing land and resource management plans.

(d) Public participation and consultation

(1) In general

The Secretary shall provide for public participation in the development, review, and revision of land management plans including, but not limited to, making the plans or revisions available to the public at convenient locations in the vicinity of the affected unit for a period of at least three months before final adoption, during which period the Secretary shall publicize and hold public meetings or comparable processes at locations that foster public participation in the review of such plans or revisions.

(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 1 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).

(e) Required assurances

In developing, maintaining, and revising plans for units of the National Forest System pursuant to this section, the Secretary shall assure that such plans-

(1) provide for multiple use and sustained yield of the products and services obtained therefrom in accordance with the Multiple-Use Sustained-Yield Act of 1960 [ 16 U.S.C. 528-531 ], and, in particular, include coordination of outdoor recreation, range, timber, watershed, wildlife and fish, and wilderness; and

(2) determine forest management systems, harvesting levels, and procedures in the light of all of the uses set forth in subsection (c)(1), the definition of the terms "multiple use" and "sustained yield" as provided in the Multiple-Use Sustained-Yield Act of 1960, and the availability of lands and their suitability for resource management.

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