The Forest Information Reform Act (FIR Act) would amend two long-standing land-management laws—the Forest and Rangeland Renewable Resources Planning Act of 1974 and the Federal Land Policy and Management Act of 1976—to shield the Agriculture and Interior secretaries from having to reinitiate formal consultation under the Endangered Species Act (ESA) in specific situations. Specifically, if a land management plan approved, amended, or revised under these laws triggers a new ESA-listed species or designated critical habitat, or if new information reveals effects on a listed species or critical habitat not previously considered, agencies would not be required to reinitiate ESA section 7(a)(2) consultations or related regulatory reviews (e.g., 50 C.F.R. 402.16). The bill, titled the Forest Information Reform Act (FIR Act), applies to both Forest Service land management plans and Bureau of Land Management land use plans. In short, the bill aims to streamline planning by restricting mandatory ESA consultation reinitiations in certain post-listing or post-information-discovery circumstances, potentially accelerating land-management decision-making but potentially reducing subsequent ESA oversight.
Key Points
- 1Short title: The act may be cited as the Forest Information Reform Act or the FIR Act.
- 2No additional consultation required for Forest Service plans: Amends Section 6(d)(2) of the Forest and Rangeland Renewable Resources Planning Act to bar reinitiation of ESA consultations or related regulatory reviews when a new species is listed or critical habitat is designated, or when new information shows effects on a listed species or designated habitat not previously considered.
- 3No additional consultation required for BLM plans: Adds a new subsection (g) to Section 202 of the Federal Land Policy and Management Act to apply the same no-reinitiation rule to land use plans approved, amended, or revised under that section.
- 4Scope of affected consultations: Targets ESA section 7(a)(2) consultations and the implementing regulation at 50 C.F.R. 402.16.
- 5Notwithstanding language: The no-reinitiation rule operates “notwithstanding any other provision of law,” meaning it overrides other potential legal requirements to conduct ESA reconsultation in these circumstances.