A bill to revise, streamline, and make more efficient the review of land and resource management plans, together with sales and other actions implementing such plans, to clarify the jurisdiction and powers of the courts with regard to review of such plans and actions pursuant thereto, and for other purposes.
Land Management Review Act of 1989 - Amends the Forest and Rangeland Renewable Resources Planning Act of 1974 to give the U.S. courts of appeals exclusive jurisdiction to review an action of the Secretary of Agriculture that approves, amends, revises, or declines to amend or revise a land and resource management plan of the Forest Service on a petition for review of such action or plan on any ground.
Gives the U.S. district courts jurisdiction to review an action of the Secretary that implements a land and resource management plan or otherwise pertains to a timber sale or harvest or an activity in connection with, or in preparation for, such sale or harvest on a complaint that challenges or seeks to enjoin the action on any ground.
Prohibits a person from submitting a petition for review of the Secretary's action or plan if such person failed to: (1) formally submit timely written comment on such action; and (2) exhaust all administrative appeals and other administrative remedies available to object to the action.
Prohibits the submission of a petition for review on a ground not raised in a timely manner and with specificity before the Secretary.
Authorizes the Secretary to take action without regard to, or without there being in place, a regional guide not required by the Act that is developed under regulations of the Forest Service to reflect general coordination of the National Forest System, State and private forestry, and research programs. States that no court has jurisdiction to enjoin, invalidate, or review: (1) such a regional guide; (2) an environmental analysis or any other document prepared in connection with such a regional guide; or (3) any action of the Secretary, on the ground that such a regional guide is not in place.
Amends the Federal Land Policy and Management Act of 1976 to include parallel provisions with respect to actions of the Secretary of the Interior (with the exception of the provision relating to the regional guide).
Introduced in Senate
Read twice and referred to the Committee on Judiciary.
Referred to Subcommittee on Courts and Administrative Practice.
Subcommittee on Courts and Administrative Practice. Hearings held. Hearings printed: S.Hrg. 101-944.
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