43 U.S.C. § 2606: Oregon and California…

Summary

The Secretary of the Interior, acting through the Director of the Bureau of Land Management, does not have to follow consultation rules under any law (including section 7 of Public Law 93–205 (16 U.S.C. 1536) and 50 C.F.R. 402.16) for the Oregon and California Railroad lands revested by the Act of June 9, 1916, and the Coos Bay Wagon Road lands reconveyed by the Act of February 26, 1919, when those lands are managed under the Act of August 28, 1937 and a land use plan was already adopted on the date a species is listed or critical habitat is designated. This also applies to any part of that adopted land use plan. This does not remove the Secretary’s duty to consult with other federal agency heads about projects under Public Law 93–205, including looking at cumulative impacts, or when creating a new land use plan or making major changes to an existing plan.

Title 43, §2606

Public Lands, Source: USLM XML via OLRC

(a)In general

Notwithstanding any other provision of law, with respect to the Oregon and California Railroad grant land revested in the United States by the Act of June 9, 1916 (39 Stat. 218, chapter 137), and the Coos Bay Wagon Road grant land reconveyed to the United States by the first section of the Act of February 26, 1919 (40 Stat. 1179, chapter 47), that is managed under the Act of August 28, 1937 (43 U.S.C. 2601 et seq.), the Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall not be required to engage in consultation under any 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—

(1)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 use plan has been adopted by the Secretary of the Interior as of the date of listing or designation; and

(2)any provision of a land use plan adopted as described in paragraph (1).

(b)Effect of section

Nothing in this section affects any applicable requirement of the Secretary of the Interior to consult with the head of any other Federal department or agency—

(1)regarding a project carried out, or proposed to be carried out, pursuant to Public Law 93–205 (16 U.S.C. 1531 et seq.), including any requirement to consult regarding the consideration of the cumulative impacts of completed, ongoing, and planned projects; or

(2)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Acts of

June 9, 1916, and

February 26, 1919, referred to in subsec. (a), are acts

June 9, 1916, ch. 137, 39 Stat. 218, and Feb. 26, 1919, ch. 47, 40 Stat. 1179, respectively, which are not classified to the Code. The Act of

August 28, 1937, referred to in subsec. (a), is act Aug. 28, 1937, ch. 876, 50 Stat. 874, which is classified principally to this subchapter. For complete classification of this Act to the Code, see Tables. Public Law 93–205, referred to in subsecs. (a)(1) and (b)(1), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, known as the Endangered Species Act of 1973, which is classified principally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see

Short Title

note set out under section 1531 of Title 16 and Tables. Codification Section was enacted as part of the Wildfire Suppression Funding and Forest Management Activities Act, and also as part of the Consolidated Appropriations Act, 2018, and not as part of the Act of August 28, 1937, which comprises this subchapter.

§2606 Oregon and California Railroad Revested Lands and Coos Bay Wagon Road Reconveyed Lands