do not create any right or benefit, substantive or procedural, enforceable at law or equity by any
party against the United States, its departments, agencies, instrumentalities or entities,

its officers or employees, or any other person. To the extent there is any inconsistency between
the provisions of this Order and any Federal laws or regulations, the laws or regulations will
control.

Sec. 7 Expiration Date. This Order is effective immediately and will remain in effect until its
provisions are accomplished, amended, superseded, or revoked, whichever occurs first.

Date: June 7, 2017


THE SECRETARY OF THE INTERIOR
WASHINGTON

ORDER NO. 3353
Subject: Greater Sage-Grouse Conservation and Cooperation with Western States

Sec. 1 Purpose. The purposes of the Order are to: (1) enhance cooperation between the
Department of the Interior (Department) and the States of Oregon, Washington, California,
Nevada, Idaho, Utah, Montana, North Dakota, South Dakota, Wyoming, and Colorado

(the Eleven Western States) in the management and conservation of the Greater Sage-Grouse
(Sage-Grouse) and its habitat; (2) support a partnership with clearly defined objectives and roles
for Federal and State entities responsible for Sage-Grouse management and conservation in order
to sustain healthy populations of the species; and (3) establish a team to review the Federal land
management agencies’ Sage-Grouse plan amendments and revisions completed on or before
September 2015.

Sec. 2 Authorities. This Order is issued under the authority of section 2 of Reorganization Plan
No. 3 of 1950 (64 Stat. 1262), as amended, and pursuant to the land management and
programmatic authorities of the bureaus identified below in section 4b.

Sec. 3 Background. The Department has broad responsibilities to manage Federal lands and
resources for the public’s benefit, including, but not limited to, permitting authorized uses;
managing habitat to support fish, wildlife, and other resources; protecting cultural resources;
and providing recreational and educational opportunities on Federal lands and waters.

The State agencies responsible for fish and wildlife management possess broad powers for the
protection and management of fish, wildlife, and plants within their borders, except where
preempted by Federal law. State agencies are at the forefront of efforts to maintain healthy
fish and wildlife populations and to conserve at-risk species to ensure that protection under the
Endangered Species Act (ESA) is not required.

The State-Federal Sage-Grouse Task Force (SGTF) was established in 2011 as a forum for
high-level State and Federal representatives to meet and evaluate policies, programs,
management actions, data sharing, and other actions affecting conservation of the Sage-Grouse
and the sagebrush ecosystem, as well as the health of the communities and economies of the
American West.

In September 2015, the Department and the United States Department of Agriculture (USDA)
adopted amendments and revisions to 98 Bureau of Land Management (BLM) and U.S. Forest
Service (USFS) land use plans across the Eleven Western States addressing, in part, the Sage-
Grouse and its habitat (the 2015 Sage-Grouse Plans). The 2015 Sage-Grouse Plans govern
management of 67 million acres of Federal lands. More than half of remaining Sage-Grouse
habitat is on land managed by BLM and USFS. As the Department moves forward in the
management of Sage-Grouse habitat, it is imperative that it does so in a manner that allows both


wildlife and local economies to thrive and incorporate the expertise of Federal employees in the
field, local conditions, and proven State and local approaches.

In October 2015, in reliance upon the conservation commitments and progress reflected in
Federal land use plan amendments and revisions and other private, State, and Federal
conservation efforts, the U.S. Fish and Wildlife Service (FWS) determined that the Sage-Grouse
did not warrant listing under the ESA. In making that finding, FWS committed to work with
State and Federal partners to conduct a Sage-Grouse status review in 5 years.

Sec. 4 Policy.

a. Cooperation with the Eleven Western States on Sage-Grouse Conservation
Efforts,

Consistent with governing laws, regulations, and policies, the Department will implement a
multifaceted strategy to enhance cooperation with the Eleven Western States primarily
responsible for the management and conservation of Sage-Grouse. The strategy will include
supporting a partnership that allows the Department and the Eleven Western States to
maintain healthy populations of Sage-Grouse and improve collaboration and integration of
State and local concerns and approaches into sagebrush management and conservation on
Federal lands. Accordingly, and subject to paragraph 4b, below, the BLM Director, working
with other heads of bureaus and offices within the Department, USFS, and affected States
through the SGTF, shall develop:

@ memorandums of understanding and other agreements with states and
other partners regarding implementation of the 2015 Sage-Grouse Plans;

(ii) ‘training for BLM staff regarding implementation of the 2015 Sage-Grouse
Plans, including direction to consider state and local information, as appropriate; and

(iii) | memorandums of understanding and other agreements with States and
other partners regarding integration of information on Sage-Grouse populations into Federal

land management decisions.

b. Department of the Interior Sage-Grouse Review Team.

This Order establishes the Sage-Grouse Review Team (Team). The Team will be made up of
land managers and other professionals from bureaus and offices, including BLM, FWS, and
the U.S. Geological Survey (USGS). The Team will closely coordinate with USDA and
USFS. The Team will engage with appropriate State agencies through the SGTF to
coordinate its work. The Team is hereby directed to conduct:

(i) a review of the plans and programs that States already have in place to
ensure that the 2015 Sage-Grouse Plans adequately complement state efforts to conserve
the species;


(ii) a further examination, through the framework established by the
Integrated Rangeland Fire Management Strategy, of issues associated with preventing and
fighting the proliferation of invasive grasses and wildland fire, which are leading threats to
Sage-Grouse habitat;

(iii) an examination of the impact on individual States disproportionately
affected by the large percentage of Federal lands within their borders, recognizing that those
lands are important to resource use and development, and to the conservation of the
Sage-Grouse;

(iv)  areview of the 2015 Sage-Grouse Plans and associated polices, including
seven BLM Instruction Memoranda (IM) issued in September 2016. The review will include
(1) identification of provisions that may require modification or rescission, as appropriate, in
order to give appropriate weight to the value of energy and other development of public lands
within BLM’s overall multiple-use mission and to be consistent with the policy set forth in
Secretary’s Order 3349, “American Energy Independence,” implementing the Executive Order
signed by the President on March 28, 2017, “Promoting Energy Independence and Economic
Growth”; and (2) opportunities to conserve the Sage-Grouse and its habitat without inhibiting job
creation and local economic growth;

(v) as appropriate, the Team should provide recommendations with regard
to (1) captive breeding; (2) opportunities to enhance State involvement; (3) efficacy of target
populations on a State-by-State basis; and (4) additional steps that can be taken in the near term
to maintain or improve the current population levels and habitat conditions.

Sec. 5. Implementation.

a. Within 10 days of the signing of this Order, the Deputy Secretary will designate
individuals from within the Department to serve on the Team.

b. The BLM Director will designate an individual to coordinate all activities by and
within the Department with respect to implementation of this Order.

G. All bureaus and offices are directed to immediately begin implementing section 4
of this Order by identifying opportunities for cooperative management agreements and
collaborative partnerships with the Eleven Western States and by outlining any specific steps
to be undertaken.

d. Within 60 days of the date of this Order, the Team shall provide a report
to the Secretary summarizing the review set forth in section 4b of this Order and provide
recommendations regarding additional steps the Department should take to address any issues
identified as a result of that review.

Sec. 6 Effect of Order. This Order is intended to improve the internal management of the
Department. This Order and any resulting reports or recommendations are not intended to and