I 

115TH CONGRESS 

1ST SESSION H. R. 527 

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

by facilitating State recovery plans, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 13, 2017 

Mr. BISHOP of Utah (for himself, Mr. SIMPSON, Mr. AMODEI, Mr. GOSAR, 

Mr. STEWART, Mrs. LOVE, Mr. LABRADOR, Mr. CHAFFETZ, Mrs. 

MCMORRIS RODGERS, Mr. TIPTON, and Ms. CHENEY) 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, 

and for other purposes. 

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 2017’’. 

6 SEC. 2. PROTECTION AND RECOVERY OF GREATER SAGE 

7 GROUSE. 

8 (a) DEFINITIONS.—In this section: 


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1 (1) The term ‘‘Federal resource management 

2 plan’’ means— 

3 (A) a land use plan prepared by the Bu4 reau of Land Management for public lands pur5 suant to section 202 of the Federal Land Policy 

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

7 1712); or 

8 (B) a land and resource management plan 

9 prepared by the Forest Service for National 

10 Forest System lands pursuant to section 6 of 

11 the Forest and Rangeland Renewable Resources 

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

13 (2) The term ‘‘Greater Sage Grouse’’ means a 

14 sage grouse of the species Centrocercus 

15 urophasianus. 

16 (3) The term ‘‘State management plan’’ means 

17 a State-approved plan for the protection and recov18 ery of the Greater Sage Grouse. 

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

20 (1) to facilitate implementation of State man21 agement plans over a period of multiple, consecutive 

22 sage grouse life cycles; and 

23 (2) to demonstrate the efficacy of the State 

24 management plans for the protection and recovery of 

25 the Greater Sage Grouse. 


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1 (c) ENDANGERED SPECIES ACT OF 1973 FIND2 INGS.— 

3 (1) DELAY REQUIRED.—During the period be4 ginning on the date of the enactment of this Act and 

5 ending on September 30, 2027, the Secretary of the 

6 Interior may not alter or invalidate the finding made 

7 by United States Fish and Wildlife Service on Octo8 ber 2, 2015, under section 4(b)(3)(B) of the Endan9 gered Species Act of 1973 (16 U.S.C. 

10 1533(b)(3)(B)) with respect to the Greater Sage 

11 Grouse (80 Fed. Reg. 59857 et seq.). 

12 (2) EFFECT ON OTHER LAWS.—Paragraph (1) 

13 shall apply without regard to any other statute, reg14 ulation, court order, legal settlement, or any other 

15 provision of law or in equity. 

16 (3) EFFECT ON CONSERVATION STATUS.—Until 

17 September 30, 2027, the conservation status of the 

18 Greater Sage Grouse under the Endangered Species 

19 Act of 1973 (16 U.S.C. 1531 et seq.) shall remain 

20 not warranted for listing under such Act. 

21 (d) COORDINATION OF FEDERAL LAND MANAGE22 MENT AND STATE CONSERVATION AND MANAGEMENT

23 PLANS.— 

24 (1) PROHIBITION ON WITHDRAWALS AND MODI25 FICATION OF FEDERAL RESOURCE MANAGEMENT


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1 PLANS.—Effective upon notification by the Governor 

2 of a State with a State management plan, neither 

3 the Secretary of the Interior nor the Secretary of 

4 Agriculture may exercise authority under section 

5 204 of the Federal Land Policy and Management 

6 Act of 1976 (43 U.S.C. 1714) to make, modify, or 

7 extend any withdrawal of, nor amend, revise, or oth8 erwise modify any Federal resource management 

9 plan applicable to, Federal lands in the State in a 

10 manner inconsistent with the State management 

11 plan for a period, to be specified by the Governor in 

12 the notification, of at least five years beginning on 

13 the date of the notification. 

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

15 State that provides notification under paragraph (1), 

16 if any amendment, revision, or modification of a 

17 Federal resource management plan applicable to 

18 Federal lands in the State was issued after June 1, 

19 2014, and the amendment, revision, or modification 

20 altered management of the Greater Sage Grouse or 

21 its habitat, implementation and operation of the 

22 amendment, revision, or modification shall be stayed 

23 to the extent that the amendment, revision, or modi24 fication is inconsistent with the State management 

25 plan. The Federal resource management plan, as in 


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1 effect immediately before the withdrawal, amend2 ment, revision, or modification, shall apply instead 

3 with respect to management of the Greater Sage 

4 Grouse and its habitat, to the extent consistent with 

5 the State management plan. 

6 (3) DETERMINATION OF INCONSISTENCY.—Any 

7 disagreement regarding whether an amendment, re8 vision, or other modification of a Federal resource 

9 management plan is inconsistent with a State man10 agement plan shall be resolved by the Governor of 

11 the affected State. 

12 (e) RELATION TO NATIONAL ENVIRONMENTAL POL13 ICY ACT OF 1969.—With regard to any Federal action 

14 consistent with a State management plan, any findings, 

15 analyses, or conclusions regarding the Greater Sage 

16 Grouse or its habitat under the National Environmental 

17 Policy Act of 1969 (42 U.S.C. 4331 et seq.) shall not have 

18 a preclusive effect on the approval or implementation of 

19 the Federal action in that State. 

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

21 year after the date of the enactment of this Act and annu22 ally thereafter through 2027, the Secretary of the Interior 

23 and the Secretary of Agriculture shall jointly submit to 

24 the Committee on Energy and Natural Resources of the 

25 Senate and the Committee on Natural Resources of the 


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1 House of Representatives a report on the Secretaries’ im2 plementation and effectiveness of systems to monitor the 

3 status of Greater Sage Grouse on Federal lands under 

4 their jurisdiction. 

5 (g) JUDICIAL REVIEW.—Notwithstanding any other 

6 provision of statute or regulation, this section, including 

7 determinations made under this section, shall not be sub8 ject to judicial review. 

Æ 


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