[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2394 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2394

     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

                              May 22, 2014

Mr. Enzi (for himself, Mr. Barrasso, Mr. Hatch, Mr. Risch, Mr. Lee, Ms. 
Murkowski, and Mr. Crapo) 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) 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 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 land; and
                    (B) the Secretary of the Interior, with respect to 
                public land.
            (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 willingness of the 
                Secretary to participate in the 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 
                the 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 a notice described in paragraph (1) 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 to appropriate 
        State personnel to assist the State in the 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 a statewide 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 a statewide 
plan from a covered western State not later than 2 years after 
receiving a notice under subsection (b) 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--
                    (A) to 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) to conserve the habitat essential to conserve 
                the sage grouse species within the State; and
            (2) approve or endorse, or make comments regarding, the 
        statewide plan not later than 120 days after the date of 
        submission.
    (e) Actions After Statewide Plan Is Submitted.--
            (1) Hold on certain actions.--Not later than 30 days after 
        receipt of a statewide plan from a covered western State, the 
        Secretary shall--
                    (A) take necessary steps to place on hold--
                            (i) for a period of not less than 10 years, 
                        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.);
                            (ii) enforcement of any current listing of 
                        sage grouse species within that State under 
                        that Act; and
                            (iii) designation of any critical habitat 
                        for any sage grouse species within that State 
                        under that Act; and
                    (B) withdraw any land use planning activities 
                related to Federal management of sage grouse on Federal 
                land within that State and take immediate steps to 
                amend all Federal land use plans to comply with the 
                statewide plan with respect to that State, if--
                            (i) the State presents to the Secretary the 
                        conservation and management plan of the State 
                        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 a sage 
        grouse species if the 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 plan that is submitted by a covered western State and 
        approved or endorsed by the United States Fish and Wildlife 
        Service 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 Service; and
            (2) for purposes of subsections (b)(3) and (e), treat a 
        statewide plan described in paragraph (1) as a plan referred to 
        in those subsections.
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