Sage Grouse Protection and Conservation Act - Directs the Secretary of Agriculture (USDA) or the Secretary of the Interior to give effect to a statewide conservation and management plan for the protection and recovery of the greater sage-grouse (Centrocercus urophasianus) and the Gunnison sage-grouse (Centrocercus minimus) from either California, Colorado, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington, or Wyoming. Requires the appropriate Secretary to:
Applies these requirements to states that submit a plan or have a plan previously endorsed by the U.S. Fish and Wildlife Service.
Requires the appropriate Secretary to: (1) review statewide plans to determine if they are likely to conserve the species to the point at which the measures provided pursuant to the Endangered Species Act of 1973 are no longer necessary; (2) approve or endorse, or make comments on, statewide plans; and (3) provide states with information and make personnel available to help with plans.
Prohibits any proposed action pursuant to the National Environmental Policy Act (NEPA) that occurs within one of those states from being denied or restricted solely on the basis of such sage-grouse if the action is consistent with a state plan that has been submitted to the appropriate Secretary.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4716 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4716
To require the Secretary of the Interior and the Secretary of
Agriculture to provide certain Western States assistance in the
development of statewide conservation and management plans for the
protection and recovery of sage grouse species, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 22, 2014
Mr. Gardner (for himself, Mr. Bishop of Utah, Mrs. Lummis, Mr. Stewart,
Mr. Chaffetz, Mr. Tipton, Mr. Amodei, and Mr. Daines) introduced the
following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To require the Secretary of the Interior and the Secretary of
Agriculture to provide certain Western States assistance in the
development of statewide conservation and management plans for the
protection and recovery of sage grouse species, 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 ``Sage Grouse Protection and
Conservation Act''.
SEC. 2. GREATER SAGE-GROUSE PROTECTION AND CONSERVATION MEASURES.
(a) Definitions.--In this section:
(1) Covered western state.--The term ``covered western
State'' means each of the States of California, Colorado,
Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota,
Utah, Washington, and Wyoming.
(2) National forest system lands.--The term ``National
Forest System lands'' means the Federal lands within the
National Forest System, as described in section 11(a) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1609(a)).
(3) Public lands.--The term ``public lands'' has the
meaning given that term in section 103(e) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
(4) Sage grouse species.--The term ``sage grouse species''
means the greater sage-grouse (Centrocercus urophasianus) and
the Gunnison sage-grouse (Centrocercus minimus).
(5) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, with respect to
National Forest System lands; and
(B) the Secretary of the Interior, with respect to
public lands.
(6) Statewide plan.--The term ``statewide plan'' means a
statewide conservation and management plan for the protection
and recovery of sage grouse species within a covered western
State.
(b) Secretarial Participation in State Planning Process.--
(1) In general.--Not later than 30 days after receipt of
notice from a covered western State that the State is
initiating or has initiated development of a statewide
conservation and management plan for the protection and
recovery of the sage grouse species within the State, the
Secretary shall provide to the Governor of that covered western
State--
(A) a commitment of the Secretary's willingness to
participate in such development;
(B) a list of designees from the Department of the
Interior or Department of Agriculture, as applicable,
who shall represent the Secretary as a participant in
such development; and
(C) a list of other Federal departments that could
be invited by the covered western State to participate.
(2) Access to information.--Not later than 60 days after
receipt of such notice from the covered western State, the
Secretary shall provide to the State all relevant scientific
data, research, or information regarding sage grouse species
and habitat within the State for use by appropriate State
personnel to assist the State in such development.
(3) Availability of department personnel.--The Secretary
shall make personnel from Department of the Interior agencies
or Department of Agriculture agencies, respectively, available,
on at least a monthly basis, to meet with officials of the
State to develop or implement such a plan.
(c) Contents of Notice.--A notice under subsection (b) shall--
(1) be submitted by a Governor of any covered western
State; and
(2) include--
(A) an invitation for the Secretary to participate
in development of the statewide plan; and
(B) a commitment that, not later than 2 years after
the submission of a notice under this section, the
State shall present to the Secretary for review a 10-
year (or longer) sage grouse species conservation and
management plan for the entire State.
(d) Review of State Plan.--If the Secretary receives such a
statewide plan from a covered western State not later than 2 years
after receiving such notice from the State, the Secretary shall--
(1) review the statewide plan using the best available
science and data to determine if the statewide plan is likely
to--
(A) conserve the sage grouse species to the point
at which the measures provided pursuant to the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
are no longer necessary in the State; and
(B) conserve the habitat essential to conserve the
sage grouse species within the State; and
(2) approve or endorse, or make comments on, the statewide
plan not later than 120 days after it is submitted.
(e) Actions After Statewide Plan Is Submitted.--
(1) Hold on certain actions.--Not later than 30 days after
receipt of such a statewide conservation and management plan
from a covered western State, the Secretary shall--
(A) take necessary steps to place on hold--
(i) all actions with respect to listing any
sage grouse species in that State under the
Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.), for a period of not less than 10
years;
(ii) enforcement of any current listing of
sage grouse species within that State under
such Act; and
(iii) designation of any critical habitat
for any sage grouse species within that State
under such Act; and
(B) withdraw any land use planning activities
related to Federal management of sage grouse on Federal
lands within that State and take immediate steps to
amend all Federal land use plans to comply with such
plan with respect to that State, if--
(i) the State presents to the Secretary its
conservation and management plan not later than
2 years after the State submits notice to the
Secretary under subsection (b); and
(ii) the State is implementing the plan.
(2) Actions pursuant to nepa.--Any proposed action pursuant
to the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) that occurs within a covered western State may
not be denied or restricted solely on the basis of sage-grouse
if such action is consistent with a statewide plan that has
been submitted by the State to the Secretary.
(f) Existing State Plans.--The Secretary shall--
(1) except as provided in paragraph (2), give effect to a
statewide conservation and management plan for the protection
and recovery of sage grouse species within a covered western
State that is submitted by such State and approved or endorsed
by the United States Fish and Wildlife Services before the date
of the enactment of this Act, in accordance with the terms of
approval or endorsement of the plan by the United States Fish
and Wildlife Services; and
(2) for purposes of subsections (b)(3) and (e), treat such
a plan as a plan referred to in each such subsection.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Public Lands and Environmental Regulation.
Referred to the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs.
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