[Congressional Record Volume 161, Number 89 (Thursday, June 4, 2015)]
[Senate]
[Pages S3811-S3812]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1709. Mr. GARDNER submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. PROTECTION AND RECOVERY OF GREATER SAGE-GROUSE.
(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
[[Page S3812]]
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.--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.--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.
______