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S. 1417 — what changed

Sage-Grouse and Mule Deer Habitat Conservation and Restoration Act of 2018

From Introduced in Senate to Engrossed in Senate. 3 sections amended between Introduced in Senate and Engrossed in Senate.

Section 1 Short title

changed This Act may be cited as the “Sage-Grouse and Mule Deer Habitat Conservation and Restoration Act of 2017”.2018”.

Sec. 2 Definitions

In this Act:

(1)
Covered vegetation management activity—
(A)
In general— The term covered vegetation management activity means any activity described in subparagraph (B) that—
(i)
added is carried out on public land administered by the Bureau of Land Management;
(ii)
renumbered was (3)(2)(3) meets the objectives of the order of the Secretary numbered 3336 and dated January 5, 2015;
(iii)
renumbered was (3)(2)(4) conforms to an applicable land use plan;
(iv)
added protects, restores, or improves greater sage-grouse or mule deer habitat in a sagebrush steppe ecosystem as described in—
(I)
added Circular 1416 of the United States Geological Survey entitled “Restoration Handbook for Sagebrush Steppe Ecosystems with Emphasis on Greater Sage-Grouse Habitat—Part 1. Concepts for Understanding and Applying Restoration” (2015); or
(II)
added the habitat guidelines for mule deer published by the Mule Deer Working Group of the Western Association of Fish and Wildlife Agencies;
(iii)
removed protects, restores, or improves greater sage-grouse or mule deer habitat;
(v)
renumbered was (3)(2)(6) will not permanently impair—
(I)
renumbered was (3)(2)(6)(2) the natural state of the treated area;
(II)
renumbered was (3)(2)(6)(3) outstanding opportunities for solitude;
(III)
added outstanding opportunities for primitive, unconfined recreation;
(IV)
added economic opportunities consistent with multiple-use management; or
(III)
removed outstanding opportunities for primitive, unconfined recreation; or
(V)
renumbered was (3)(2)(6)(5) the identified values of a unit of the National Landscape Conservation System; and
(vi)
added
(v)
removed
(I)
renumbered was (3)(2)(7)(1) restores native vegetation following a natural disturbance;
(II)
renumbered was (3)(2)(7)(2) prevents the expansion into greater sage-grouse or mule deer habitat of—
(aa)
added juniper, pinyon pine, or other associated conifers; or
(aa)
removed juniper, piñon pine, or any other conifer; or
(bb)
renumbered was (3)(2)(7)(2)(3) nonnative or invasive vegetation;
(III)
renumbered was (3)(2)(7)(3) reduces the risk of loss of greater sage-grouse or mule deer habitat from wildfire or any other natural disturbance; or
(IV)
renumbered was (3)(2)(7)(4) provides emergency stabilization of soil resources after a natural disturbance.
(B)
Description of activities— An activity referred to in subparagraph (A) is—
(i)
changed manual cutting and removal of juniper trees, piñon pinyon pine trees, other associated conifers, or other nonnative or invasive vegetation;
(ii)
mechanical mastication, cutting, or mowing, mechanical piling and burning, chaining, broadcast burning, or yarding;
(iii)
changed removal of cheat grass, medusa head rye, other nonnative vegetation, or an other nonnative, invasive species;vegetation;
(iv)
collection and seeding or planting of native vegetation using a manual, mechanical, or aerial method;
(v)
changed seeding of nonnative nonnative, noninvasive, ruderal vegetation only for the purpose of emergency stabilization;
(vi)
changed targeted use of an herbicide, pesticide, or biological control agent, subject to the condition that the use shall be in accordance with applicable legal requirements, Federal agency procedures, and land use plans;
(vii)
changed targeted or late-season livestock grazing to mitigate hazardous fuels and control noxious and invasive weeds;
(viii)
temporary removal of wild horses or burros in the area in which the activity is being carried out to ensure treatment objectives are met;
(ix)
changed temporary suspension in coordination with the affected permit holder, modification or adjustment of permitted grazing permissible usage under an annual plan of use until of a grazing permit issued by the Secretary to achieve restoration treatment objectives are met;objectives;
(x)
installation of new, or modification of existing, fencing or water sources intended to control use or improve wildlife habitat; or
(xi)
changed necessary maintenance of, repairs to, rehabilitation of, or reconstruction of an existing permanent road or construction of temporary roads.roads to accomplish the activities described in this subparagraph.
(C)
Exclusions— The term covered vegetation management activity does not include—
(i)
any activity conducted in a wilderness area or wilderness study area; or
(ii)
any activity for the construction of a permanent road or permanent trail.
(2)
Secretary— The term Secretary means the Secretary of the Interior.
(3)
Temporary road— The term temporary road means a road that is—
(A)
authorized—
(i)
by a contract, permit, lease, other written authorization; or
(ii)
pursuant to an emergency operation;
(B)
not intended to be part of the permanent transportation system of a Federal department or agency;
(C)
changed not necessary for long-term resource management; andmanagement;
(D)
designed in accordance with standards appropriate for the intended use of the road, taking into consideration—
(i)
safety;
(ii)
the cost of transportation; and
(iii)
changed impacts to land and resources.resources; and
(E)
added managed to minimize—
(i)
added erosion; and
(ii)
added the introduction or spread of invasive species.

Sec. 3 Improvement of habitat for greater sage-grouse and mule deer

(a)
Categorical exclusion—
(1)
changed In general— Not later than 1 year after the date of the enactment of this Act, the Secretary shall develop one 1 or more categorical exclusions (as defined in section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation)) for covered vegetative vegetation management activities carried out to establish protect, restore, or improve habitat for greater sage-grouse and or mule deer.
(2)
Administration— In developing and administering a categorical exclusion under paragraph (1), the Secretary shall—
(A)
changed be consistent comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(B)
apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or successor regulations), in determining whether to use the categorical exclusion; and
(C)
consider—
(i)
the relative efficacy of landscape-scale habitat projects;
(ii)
the likelihood of continued declines in the populations of greater sage-grouse and mule deer in the absence of landscape-scale vegetation management; and
(iii)
the need for habitat restoration activities after wildfire or other natural disturbances.
(b)
changed Long-Term monitoring Implementation of covered vegetative management activities within the range of greater sage-grouse and maintenance—mule deer— Before commencing any covered vegetative management activity that is covered by If a categorical exclusion developed under subsection (a), the Secretary shall develop a long-term monitoring and maintenance plan, covering at least the 20 year-period beginning on the date of commencement, (a) is used to ensure that implement a covered vegetative management of the treated activity in an area does not degrade within the habitat gains secured by range of both greater sage-grouse and mule deer, the covered vegetative management activity.activity shall protect, restore, or improve habitat concurrently for both greater sage-grouse and mule deer.
(c)
added Long-term monitoring and maintenance— Before commencing any covered vegetation management activity that is covered by a categorical exclusion under subsection (a), the Secretary shall develop a long-term monitoring and maintenance plan, covering at least the 20 year-period beginning on the date of commencement, to ensure that management of the treated area does not degrade the habitat gains secured by the covered vegetation management activity.
(d)
renumbered was (4) Disposal of vegetative material— Subject to applicable local restrictions, any vegetative material resulting from a covered vegetation management activity that is covered by a categorical exclusion under subsection (a) may be—
(1)
renumbered was (4)(3) used for—
(A)
renumbered was (4)(3)(2) fuel wood; or
(B)
renumbered was (4)(3)(3) other products; or
(2)
renumbered was (4)(4) piled or burned, or both.
(e)
added Treatment for temporary roads—
(1)
added In general— Notwithstanding section 2(1)(B)(xi), any temporary road constructed in carrying out a covered vegetation management activity that is covered by a categorical exclusion under subsection (a)—
(A)
added shall be used by the Secretary for the covered vegetation management activity for not more than 2 years; and
(B)
added shall be decommissioned by the Secretary not later than 3 years after the earlier of the date on which—
(i)
added the temporary road is no longer needed; and
(ii)
added the project is completed.
(2)
added Requirement— A treatment under paragraph (1) shall include reestablishing native vegetative cover—
(d)
removed Treatment for temporary roads—
(1)
removed In general— A temporary road constructed in connection with a covered vegetation management activity that is a categorical exclusion under subsection (a) shall be treated to ensure the reestablishment of native vegetative cover by artificial or natural means, as necessary to minimize erosion from any area disturbed by the construction or use of the temporary road.
(2)
removed Requirement— A treatment under paragraph (1) shall be designed to reestablish vegetative cover—
(A)
renumbered was (5)(3)(3) as soon as practicable; but
(B)
renumbered was (5)(3)(4) not later than 10 years after the date of completion of the applicable covered vegetation management activity.