Sage-Grouse Protection and Conservation Act
This bill addresses the management of the greater sage-grouse (Centrocercus urophasianus) and the Gunnison sage-grouse (Centrocercus minimus) in California, Colorado, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming.
If the Department of Agriculture (USDA) or the Department of the Interior receives, or has already received, from one of those states a statewide conservation and management plan for the protection and recovery of those sage-grouse species, the appropriate department must take steps during the next six years to: (1) allow for appropriate monitoring and collection of data, and (2) assess the state plan's success.
The appropriate department must: (1) share data with states and assist them in developing and implementing plans; (2) require states that opt to have plans in lieu of federal endangered species plans to monitor and report on relevant data, including population trends; (3) use statewide plans as the basis for all relevant determinations under the National Environmental Policy Act of 1969; and (4) stay any land use planning activities relating to federal management of sage-grouse species on public land or National Forest System land within those states that have plans.
The appropriate department may extend the provisions of the bill for six more years with the consent of the relevant state.
Interior must fully implement for at least six years Secretarial Order 3336 to prevent and suppress rangeland fire and restore sagebrush landscapes impacted by fire across the Western United States.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1036 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 1036
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 SENATE OF THE UNITED STATES
April 22, 2015
Mr. Gardner (for himself, Mr. Hatch, Mr. Heller, Mr. Crapo, Mr. Risch,
Mr. Enzi, Mr. Lee, Mr. Daines, and Mr. Barrasso) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
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) Purposes.--The purposes of this section are--
(1) to allow States--
(A) to determine the appropriate management of
sage-grouse species according to State-created
conservation and management plans that address the key
threats to sage-grouse species and the habitat of sage-
grouse species within the States; and
(B) to demonstrate that those Statewide plans can
protect and recover sage-grouse species within the
States; and
(2) to require the Secretary to implement recommendations
contained in Statewide plans for the management of sage-grouse
species and the habitat of sage-grouse species on Federal land.
(b) 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 land.--The term ``National
Forest System land'' means the Federal land 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 land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(4) Sage-grouse species.--The term ``sage-grouse species''
means--
(A) the greater sage-grouse (Centrocercus
urophasianus) (including all distinct population
segments); and
(B) the Gunnison sage-grouse (Centrocercus
minimus).
(5) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, with respect to
National Forest System land; and
(B) the Secretary of the Interior, with respect to
public land.
(6) Statewide plan.--The term ``Statewide plan'' means a
conservation and management plan or plans developed and
submitted to the Secretary by a covered Western State for the
protection and recovery of any sage-grouse species and the
habitat of the sage-grouse species within the covered Western
State in response to invitations from the Secretary of the
Interior in December 2011 to submit to the Secretary those
plans.
(c) Participation in State Planning Process.--
(1) List of designees.--
(A) In general.--Not later than 30 days after that
date of receipt from a covered Western State of a
notice described in subparagraph (B), the Secretary
shall provide to the Governor of the covered Western
State a list of designees of the Department of the
Interior or the Department of Agriculture, as
applicable, who will represent the Secretary in
assisting in the development and implementation of the
Statewide plan.
(B) Description of notice.--
(i) In general.--A notice referred to in
subparagraph (A) is a notice that a covered
Western State--
(I) is initiating, or has
previously initiated, development of a
Statewide plan in accordance with
clause (ii); or
(II) has previously submitted to
the Secretary a Statewide plan in
accordance with clause (ii).
(ii) Contents.--A notice under this
subparagraph shall include--
(I) an invitation to the Secretary
to participate in the development or
implementation of the Statewide plan of
the applicable covered Western State;
and
(II) a statement that the covered
Western State--
(aa) has prepared or will
prepare, by not later than 1
year after the date of
submission of the notice, a
Statewide plan that will
protect and manage sage-grouse
species and the habitat of
sage-grouse species to the
point that designation of sage-
grouse species as a threatened
or endangered species under the
Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) is no
longer necessary in the covered
Western State; and
(bb) will--
(AA) collect
monitoring data such as
sage-grouse species
population trends, fuel
reduction, predator
control, invasive
species control, the
condition of sage-
grouse species habitat,
or other parameters
that address the
primary threats to
sage-grouse species in
the covered Western
State to address how
the threats identified
in the Statewide plan
are being reduced and
how the objectives
identified in the
Statewide plan are
being met; and
(BB) provide to the
Secretary relevant data
regarding the health of
sage-grouse species
populations, the
condition of sage-
grouse species habitat,
and activities relating
to the implementation
of the Statewide plan
on an annual basis
under this section.
(iii) Timing.--To be eligible to
participate in a planning process under this
section, not later than 120 days after the date
of enactment of this Act, a covered Western
State shall submit to the Secretary a notice
described in subparagraph (B).
(2) Access to information.--Not later than 60 days after
the date of receipt from a covered Western State of a notice
described in paragraph (1)(B), the Secretary shall provide to
the covered Western State all relevant scientific data,
research, and information regarding sage-grouse species and
habitat within the covered Western State for use by appropriate
State personnel to assist the covered Western State in the
development and implementation of the Statewide plan.
(d) Recognition of Statewide Plan.--Notwithstanding any other
provision of law or equity, if the Secretary receives from a covered
Western State a Statewide plan by the date that is 1 year after the
date of receipt of a notice under subsection (c)(1) from the covered
Western State, the Secretary shall--
(1) when taking any action that could impact the sage-
grouse species or the habitat of the species, manage all public
land and National Forest System land within the covered Western
State in accordance with the Statewide plan for a period of not
less than 6 years, beginning on the date of submission to the
Secretary of the Statewide plan in accordance with this
section;
(2) annually--
(A) review the Statewide plan using the best
available science and data, using the objectives and
goals contained in the Statewide plan as a measure of
success; and
(B) provide to the Governor of the covered Western
State recommendations regarding improvement of the
Statewide plan;
(3) use the Statewide plan as the basis for all relevant
determinations under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
(4) permit and assist the covered Western State to
implement adaptive management, if required by the Statewide
plan, to respond to sage-grouse species conditions as indicated
by monitoring data, meteorological conditions, or fire or other
events necessitating adaptation of the Statewide plan;
(5) require the covered Western State to submit to the
Secretary annual reports regarding the implementation of the
Statewide plan, including relevant data regarding--
(A) actions carried out pursuant to the Statewide
plan; and
(B) population trends, fuel reductions, predator
control, invasive species control, the condition of
sage-grouse habitat, and other parameters that address
the primary threats to sage-grouse species in the
covered Western State;
(6) require the covered Western State--
(A) to monitor appropriate sage-grouse species and
habitat data for a period of not less than 5 years,
beginning on the date of submission of the Statewide
plan; and
(B) to submit to the Secretary, not later than 6
years after the date of submission of the Statewide
plan and in accordance with applicable scientific
protocols, a report that includes--
(i) a description of the status of
implementation of the Statewide plan and
progress made in achieving the objectives and
goals of the Statewide plan, including relevant
data regarding sage-grouse species population
trends, fuel reductions, predator control,
invasive species control, the condition of
sage-grouse species habitat, and other
parameters that address the primary threats to
sage-grouse in the covered Western State;
(ii) an estimate of additional time needed,
if any, for implementation of the Statewide
plan; and
(iii) necessary modifications to the
Statewide plan to enhance the achievement of
the objectives and goals of the Statewide plan;
and
(7) assist the covered Western State in monitoring and
collecting relevant data on Federal land to assess sage-grouse
species population trends, fuel reductions, predator control,
invasive species control, the condition of sage-grouse species
habitat, and other parameters that address the primary threats
to sage-grouse in the covered Western State.
(e) Secretarial Actions.--Notwithstanding any other provision of
law, not later than 30 days after the date of receipt of a Statewide
plan under this section, and annually thereafter during the period in
which the Secretary determines that the applicable covered Western
State is implementing the Statewide plan, the Secretary shall--
(1) take necessary steps to maintain or restore the
candidate species status for any sage-grouse species in the
covered Western State under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.), for a period of not less than 6
years--
(A) to allow for appropriate monitoring and
collection of data; and
(B) to assess the achievement of the objectives of
the Statewide plan;
(2) stay any land use planning activities relating to
Federal management of sage-grouse species on public land or
National Forest System land within the covered Western State;
(3) take immediate action to amend all Federal land use
plans under the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.) and the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) to
comply with the Statewide plan with respect to that covered
Western State;
(4) manage all public land and National Forest System land
with habitat for any sage-grouse species in the covered Western
State in a manner consistent with sections 102(a)(12) and
103(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701(a)(12), 1702(c)) and section 4 of the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1602);
(5) immediately reverse any withdrawals or land use
restrictions carried out for purposes of protecting or
conserving sage-grouse on public land or National Forest System
land that are not consistent with a Statewide plan; and
(6) use State annual reports regarding the implementation
of the Statewide plans submitted to the Secretary under
subsection (d)(5) to prepare the annual Candidate Notice of
Review of the Secretary pursuant to section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533).
(f) Existing State Plans.--The Secretary shall--
(1) 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 the covered
Western State and approved or endorsed by the United States
Fish and Wildlife Service before the date of enactment of this
Act; and
(2) for purposes of subsections (d) and (e), treat such a
plan as a Statewide plan in accordance with that subsection.
(g) Actions Pursuant to NEPA.--An action proposed to be carried out
pursuant to the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) in a covered Western State may not be denied or
restricted solely on the basis of the presence or protection of sage-
grouse species in the covered Western State, if the action is
consistent with the Statewide plan of the covered Western State.
(h) Authority To Extend Plan Implementation.--On review of the
report of a covered Western State under subsection (d)(6)(B), the
Secretary may extend the provisions of this Act for a period not to
exceed an additional 6 years with the consent of the covered Western
State.
SEC. 3. RANGELAND FIRE PREVENTION, MANAGEMENT, AND RESTORATION.
The Secretary of the Interior shall for a period of not less than 6
years, beginning on the date of enactment of this Act, fully implement
the order of the Secretary numbered 3336 and dated January 5, 2015, to
prevent and suppress rangeland fire and restore sagebrush landscapes
impacted by fire across the Western United States, including
controlling the spread of invasive species in landscapes impacted by
fire.
<all>
Introduced in Senate
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
Committee on Environment and Public Works. Hearings held. Hearings printed: S.Hrg. 114-37.
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