[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 273 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 273
To provide for the protection and recovery of the greater sage-grouse
by facilitating State recovery plans, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 1, 2017
Mr. Risch (for himself, Mr. Crapo, Mr. Hatch, Mr. Heller, Mr. Lee, Mr.
Daines, and Mr. Enzi) introduced the following bill; which was read
twice and referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To provide for the protection and recovery of the greater sage-grouse
by facilitating State recovery plans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Greater Sage-Grouse Protection and
Recovery Act of 2017''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to facilitate implementation of State management plans
over a period of multiple, consecutive greater sage-grouse life
cycles; and
(2) to demonstrate the efficacy of the State management
plans for the protection and recovery of the greater sage-
grouse.
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal resource management plan.--The term ``Federal
resource management plan'' means--
(A) a land use plan prepared by the Bureau of Land
Management for public land pursuant to section 202 of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712); and
(B) a land and resource management plan prepared by
the Forest Service for National Forest System land
pursuant to section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1604).
(2) Greater sage-grouse.--The term ``greater sage-grouse''
means a sage-grouse of the species Centrocercus urophasianus.
(3) State management plan.--The term ``State management
plan'' means a State-approved plan for the protection and
recovery of the greater sage-grouse.
SEC. 4. PROTECTION AND RECOVERY OF GREATER SAGE-GROUSE.
(a) Endangered Species Act of 1973 Findings.--
(1) Delay required.--The Secretary of the Interior may not
modify or invalidate the finding of the Director of the United
States Fish and Wildlife Service announced in the proposed rule
entitled ``Endangered and Threatened Wildlife and Plants; 12-
Month Finding on a Petition to List Greater Sage-Grouse
(Centrocercus urophasianus) as an Endangered or Threatened
Species'' (80 Fed. Reg. 59858 (October 2, 2015)) during the
period beginning on the date of enactment of this Act and
ending on September 30, 2027.
(2) Effect on other laws.--The delay required under
paragraph (1) is and shall remain effective without regard to
any other statute, regulation, court order, legal settlement,
or any other provision of law or in equity.
(3) Effect on conservation status.--The conservation status
of the greater sage-grouse shall be considered not to warrant
listing of the greater sage-grouse as an endangered species or
threatened species under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) during the period beginning on the date of
enactment of this Act and ending on September 30, 2027.
(b) Coordination of Federal Land Management and State Conservation
and Management Plans.--
(1) Prohibition on withdrawal and modification of federal
resource management plans.--On notification by the Governor of
a State with a State management plan, the Secretary of the
Interior and the Secretary of Agriculture may not make, modify,
or extend any withdrawal or amend or otherwise modify any
Federal resource management plan applicable to Federal land in
the State in a manner inconsistent with the State management
plan for, as specified by the Governor in the notification, a
period of not fewer than 5 years beginning on the date of the
notification.
(2) Retroactive effect.--In the case of any State that
provides notification under paragraph (1), if any withdrawal
was made, modified, or extended or any amendment or
modification of a Federal resource management plan applicable
to Federal land in the State was issued after June 1, 2014, and
the withdrawal, amendment, or modification altered the
management of the greater sage-grouse or the habitat of the
greater sage-grouse--
(A) implementation and operation of the withdrawal,
amendment, or modification shall be stayed to the
extent that the withdrawal, amendment, or modification
is inconsistent with the State management plan; and
(B) the Federal resource management plan, as in
effect immediately before the withdrawal, amendment, or
modification, shall apply instead with respect to the
management of the greater sage-grouse and the habitat
of the greater sage-grouse, to the extent consistent
with the State management plan.
(3) Determination of inconsistency.--Any disagreement
regarding whether a withdrawal, amendment, or other
modification of a Federal resource management plan is
inconsistent with a State management plan shall be resolved by
the Governor of the affected State.
(c) Relation to National Environmental Policy Act of 1969.--With
regard to any major Federal action consistent with a State management
plan, any findings, analyses, or conclusions regarding the greater
sage-grouse and the habitat of the greater sage-grouse under section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)) shall not have a preclusive effect on the approval or
implementation of the major Federal action in that State.
(d) Reporting Requirement.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter through 2027, the
Secretary of the Interior and the Secretary of Agriculture shall
jointly submit to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives a report describing the implementation by the
Secretaries of, and the effectiveness of, systems to monitor the status
of greater sage-grouse on Federal land under the jurisdiction of the
Secretaries.
(e) Judicial Review.--Notwithstanding any other provision of law
(including regulations), this section, including any determination made
under subsection (b)(3), shall not be subject to judicial review.
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