[Congressional Record Volume 163, Number 7 (Wednesday, January 11, 2017)]
[Senate]
[Pages S288-S289]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 151. Mr. LEE submitted an amendment intended to be proposed by him 
to the concurrent resolution S. Con. Res. 3, setting forth the 
congressional budget for the United States Government for fiscal year 
2017 and setting forth the appropriate budgetary levels for fiscal 
years 2018 through 2026; which was ordered to lie on the table; as 
follows:

       At the end of title III, add the following:

     SEC. 3__. DEFICIT-NEUTRAL RESERVE FUND RELATING TO THE 
                   PROTECTION AND RECOVERY OF THE GREATER SAGE-
                   GROUSE.

       (a) In General.--The Chairman of the Committee on the 
     Budget of the Senate may revise the allocations of a 
     committee or committees, aggregates, and other appropriate 
     levels in this resolution for one or more bills, joint 
     resolutions, amendments, amendments between the Houses, 
     motions,

[[Page S289]]

     or conference reports relating to the implementing the delay 
     described in subsection (b), requiring the coordination 
     described in subsection (c), and precluding the judicial 
     review described in subsection (d) by the amounts provided in 
     such legislation for those purposes, provided that such 
     legislation would not raise new revenue and would not 
     increase the deficit over either the period of the total of 
     fiscal years 2017 through 2021 or the period of the total of 
     fiscal years 2017 through 2026.
       (b) Description of Delay.--A delay referred to in 
     subsection (a) is, in the case of a State with a State 
     management plan, a delay on the Secretary of the Interior 
     making a finding under section 4(b)(3)(B) of the Endangered 
     Species Act of 1973 (16 U.S.C. 1533(b)(3)(B)) with respect to 
     the greater sage-grouse in the State until September 30, 
     2026.
       (c) Description of Coordination.--The coordination referred 
     to in subsection (a) is--
       (1) for the purpose of fostering coordination between a 
     State management plan and Federal resource management plans 
     that affect the greater sage-grouse, the Governor of a State 
     with a State management plan providing notification to the 
     Secretary of the Interior and the Secretary of Agriculture, 
     as applicable, who, on receipt of that notification, may not 
     exercise authority under section 204 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1714) to 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 a period, to be specified by the 
     Governor of the State, of not fewer than 5 years beginning on 
     the date on which the Governor provides the notification;
       (2) in the case of any State that provides notification 
     under paragraph (1), if any withdrawal was made, modified, or 
     extended, or if any amendment or modification of a Federal 
     resource management plan applicable to Federal land in the 
     State was issued during the 3-year period before the date on 
     which the Governor provides the notification and the 
     withdrawal, amendment, or modification alters the management 
     of the greater sage-grouse or the habitat of the greater 
     sage-grouse--
       (A) staying the implementation and operation of the 
     withdrawal, amendment, or modification to the extent that the 
     withdrawal, amendment, or modification is inconsistent with 
     the State management plan; and
       (B) applying the Federal resource management plan (as in 
     effect immediately before the amendment or modification) with 
     respect to the management of the greater sage-grouse and the 
     habitat of the greater sage-grouse, to the extent that the 
     Federal resource management plan is consistent with the State 
     management plan; and
       (3) the Governor of the affected State resolving any 
     disagreement regarding whether a withdrawal of, or an 
     amendment or other modification to, a Federal resource 
     management plan is inconsistent with a State management plan.
       (d) Description of Judicial Review.--The judicial review 
     referred to in subsection (a) is judicial review of the 
     requirements and implementation of this amendment, including 
     a determination made under subsection (c)(3).
                                 ______