I 

114TH CONGRESS 

2D SESSION H. R. 4739 

To provide for the conservation and preservation of the Greater Sage Grouse 

by facilitating State recovery plans. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2016 

Mr. BISHOP of Utah (for himself, Mr. SIMPSON, Mrs. LUMMIS, Mr. AMODEI, 

Mr. BRIDENSTINE, Mr. WEBER of Texas, Mr. GOSAR, Mr. DUNCAN of 

South Carolina, Mr. LAMBORN, Mr. STEWART, Mr. HARDY, Mr. ZINKE, 

Mr. HURD of Texas, Mr. COOK, and Mr. CHAFFETZ) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To provide for the conservation and preservation of the 

Greater Sage Grouse by facilitating State recovery plans. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Greater Sage Grouse 

5 Protection and Recovery Act of 2016’’. 

6 SEC. 2. PROTECTION AND RECOVERY OF GREATER SAGE 

7 GROUSE. 

8 (a) DEFINITIONS.—In this section: 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 4739 IH

1 (1) FEDERAL RESOURCE MANAGEMENT

2 PLAN.—The term ‘‘Federal resource management 

3 plan’’ means— 

4 (A) a land use plan prepared by the Bu5 reau of Land Management for public lands pur6 suant to section 202 of the Federal Land Policy 

7 and Management Act of 1976 (43 U.S.C. 

8 1712); or 

9 (B) a land and resource management plan 

10 prepared by the Forest Service for National 

11 Forest System lands pursuant to section 6 of 

12 the Forest and Rangeland Renewable Resources 

13 Planning Act of 1974 (16 U.S.C. 1604). 

14 (2) GREATER SAGE GROUSE.—The term 

15 ‘‘Greater Sage Grouse’’ means a sage grouse of the 

16 species Centrocercus urophasianus. 

17 (3) STATE MANAGEMENT PLAN.—The term 

18 ‘‘State management plan’’ means a State-approved 

19 plan for the protection and recovery of the Greater 

20 Sage Grouse. 

21 (b) PURPOSE.—The purpose of this section is— 

22 (1) to facilitate implementation of State man23 agement plans over a period of multiple, consecutive 

24 Greater Sage Grouse life cycles; and 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 4739 IH

1 (2) to demonstrate the efficacy of the State 

2 management plans for the protection and recovery of 

3 the Greater Sage Grouse. 

4 (c) DELAY IN MAKING ENDANGERED SPECIES ACT

5 OF 1973 FINDING.— 

6 (1) DELAY REQUIRED.—In the case of any 

7 State with a State management plan, the Secretary 

8 of the Interior may not make a finding under clause 

9 (i), (ii), or (iii) of section 4(b)(3)(B) of the Endan10 gered Species Act of 1973 (16 U.S.C. 

11 1533(b)(3)(B)) with respect to the Greater Sage 

12 Grouse in that State before September 30, 2026. 

13 (2) EFFECT ON OTHER LAWS.—The delay im14 posed by paragraph (1) is, and shall remain, effec15 tive without regard to any other statute, regulation, 

16 court order, legal settlement, or any other provision 

17 of law or in equity. 

18 (3) EFFECT ON CONSERVATION STATUS.—Until 

19 the date specified in paragraph (1), the conservation 

20 status of the Greater Sage Grouse shall remain not 

21 warranted for listing under the Endangered Species 

22 Act of 1973 (16 U.S.C. 1531 et seq.). 

23 (d) COORDINATION OF FEDERAL LAND MANAGE24 MENT AND STATE MANAGEMENT PLANS.— 


emcdonald on DSK67QTVN1PROD with BILLS
4 

•HR 4739 IH

1 (1) PROHIBITION ON WITHDRAWALS AND MODI2 FICATIONS OF FEDERAL RESOURCE MANAGEMENT

3 PLANS.—In order to foster coordination between a 

4 State management plan and Federal resource man5 agement plans that affect the Greater Sage Grouse, 

6 upon notification by the Governor of a State with a 

7 State management plan, the Secretary of the Inte8 rior and the Secretary of Agriculture, as applicable, 

9 may not exercise authority under section 204 of the 

10 Federal Land Policy and Management Act of 1976 

11 (43 U.S.C. 1714) to make, modify, or extend any 

12 withdrawal, nor amend or otherwise modify any Fed13 eral resource management plan applicable to Federal 

14 land in the State, in a manner inconsistent with the 

15 State management plan for a period, to be specified 

16 by the Governor in the notification, of at least five 

17 years beginning on the date of the notification. 

18 (2) RETROACTIVE EFFECT.—In the case of any 

19 State that provides notification under paragraph (1), 

20 if any withdrawal was made, modified, or extended 

21 or if any amendment or modification of a Federal 

22 resource management plan applicable to Federal 

23 lands in the State was issued during the three-year 

24 period preceding the date of the notification and the 

25 withdrawal, amendment, or modification altered 


emcdonald on DSK67QTVN1PROD with BILLS
5 

•HR 4739 IH

1 management of the Greater Sage Grouse or its habi2 tat, implementation and operation of the withdrawal, 

3 amendment, or modification shall be stayed to the 

4 extent that the withdrawal, amendment, or modifica5 tion is inconsistent with the State management plan. 

6 The Federal resource management plan, as in effect 

7 immediately before the amendment or modification, 

8 shall apply instead with respect to management of 

9 the Greater Sage Grouse and its habitat, to the ex10 tent consistent with the State management plan. 

11 (3) DETERMINATION OF INCONSISTENCY.—Any 

12 disagreement regarding whether a withdrawal, or an 

13 amendment or other modification of a Federal re14 source management plan, is inconsistent with a 

15 State management plan shall be resolved by the 

16 Governor of the affected State. 

17 (e) RELATION TO NATIONAL ENVIRONMENTAL POL18 ICY ACT OF 1969.—With regard to any major Federal ac19 tion consistent with a State management plan, any find20 ings, analyses, or conclusions regarding the Greater Sage 

21 Grouse or its habitat under section 102(2)(C) of the Na22 tional Environmental Policy Act of 1969 (42 U.S.C. 

23 4332(2)(C)) shall not have a preclusive effect on the ap24 proval or implementation of the major Federal action in 

25 that State. 


emcdonald on DSK67QTVN1PROD with BILLS
6 

•HR 4739 IH

1 (f) REPORTING REQUIREMENT.—Not later than one 

2 year after the date of the enactment of this Act and annu3 ally thereafter through 2026, the Secretary of the Interior 

4 and the Secretary of Agriculture shall jointly submit to 

5 the Committee on Energy and Natural Resources of the 

6 Senate and the Committee on Natural Resources of the 

7 House of Representatives a report on the Secretaries’ im8 plementation and effectiveness of systems to monitor the 

9 status of Greater Sage Grouse on Federal lands under 

10 their jurisdiction. 

11 (g) JUDICIAL REVIEW.—Notwithstanding any other 

12 provision of statute or regulation, the requirements and 

13 implementation of this section, including determinations 

14 made under subsection (d)(3), are not subject to judicial 

15 review. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS