Sage Grouse Protection and Conservation Act

To require the Secretary of the Interior and the Secretary of Agriculture to provide certain Western States assistance in the development of statewide conservation and management plans for the protection and recovery of sage grouse species, and for other purposes. 1. Short title This Act may be cited as the Sage Grouse Protection and Conservation Act 2. Greater sage-grouse protection and conservation measures (a) Definitions In this section: (1) Covered western State The term covered western State (2) National Forest System lands The term National Forest System lands (3) Public lands The term public lands 43 U.S.C. 1702(e) (4) Sage Grouse Species The term sage grouse species (5) Secretary The term Secretary (A) the Secretary of Agriculture, with respect to National Forest System lands; and (B) the Secretary of the Interior, with respect to public lands. (6) Statewide plan The term statewide plan (b) Secretarial participation in State planning process (1) In general Not later than 30 days after receipt of notice from a covered western State that the State is initiating or has initiated development of a statewide conservation and management plan for the protection and recovery of the sage grouse species within the State, the Secretary shall provide to the Governor of that covered western State— (A) a commitment of the Secretary’s willingness to participate in such development; (B) a list of designees from the Department of the Interior or Department of Agriculture, as applicable, who shall represent the Secretary as a participant in such development; and (C) a list of other Federal departments that could be invited by the covered western State to participate. (2) Access to information Not later than 60 days after receipt of such notice from the covered western State, the Secretary shall provide to the State all relevant scientific data, research, or information regarding sage grouse species and habitat within the State for use by appropriate State personnel to assist the State in such development. (3) Availability of Department personnel The Secretary shall make personnel from Department of the Interior agencies or Department of Agriculture agencies, respectively, available, on at least a monthly basis, to meet with officials of the State to develop or implement such a plan. (c) Contents of notice A notice under subsection (b) shall— (1) be submitted by a Governor of any covered western State; and (2) include— (A) an invitation for the Secretary to participate in development of the statewide plan; and (B) a commitment that, not later than 2 years after the submission of a notice under this section, the State shall present to the Secretary for review a 10-year (or longer) sage grouse species conservation and management plan for the entire State. (d) Review of State plan If the Secretary receives such a statewide plan from a covered western State not later than 2 years after receiving such notice from the State, the Secretary shall— (1) review the statewide plan using the best available science and data to determine if the statewide plan is likely to— (A) conserve the sage grouse species to the point at which the measures provided pursuant to the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (B) conserve the habitat essential to conserve the sage grouse species within the State; and (2) approve or endorse, or make comments on, the statewide plan not later than 120 days after it is submitted. (e) Actions after statewide plan is submitted (1) Hold on certain actions Not later than 30 days after receipt of such a statewide conservation and management plan from a covered western State, the Secretary shall— (A) take necessary steps to place on hold— (i) all actions with respect to listing any sage grouse species in that State under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (ii) enforcement of any current listing of sage grouse species within that State under such Act; and (iii) designation of any critical habitat for any sage grouse species within that State under such Act; and (B) withdraw any land use planning activities related to Federal management of sage grouse on Federal lands within that State and take immediate steps to amend all Federal land use plans to comply with such plan with respect to that State, if— (i) the State presents to the Secretary its conservation and management plan not later than 2 years after the State submits notice to the Secretary under subsection (b); and (ii) the State is implementing the plan. (2) Actions pursuant to NEPA Any proposed action pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that occurs within a covered western State may not be denied or restricted solely on the basis of sage-grouse if such action is consistent with a statewide plan that has been submitted by the State to the Secretary. (f) Existing State plans The Secretary shall— (1) except as provided in paragraph (2), 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 such State and approved or endorsed by the United States Fish and Wildlife Services before the date of the enactment of this Act, in accordance with the terms of approval or endorsement of the plan by the United States Fish and Wildlife Services; and (2) for purposes of subsections (b)(3) and (e), treat such a plan as a plan referred to in each such subsection.

Summary: Sage Grouse Protection and Conservation Act - Directs the Secretary of Agriculture (USDA) or the Secretary of the Interior to give effect to a statewide conservation and management plan for the protection and recovery of the greater sage-grouse (Centrocercus urophasianus) and the Gunnison sage-grouse (Centrocercus minimus) from either California, Colorado, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington, or Wyoming. Requires the appropriate Secretary to: hold for at least 10 years actions to list the species as endangered or threatened, the enforcement of the listing, and the designation of critical habitat for the species in that state; withdraw any land use planning activities related to federal management of the species on National Forest System lands and Bureau of Land Management (BLM) land within the state; and amend federal land use plans with respect to that state to comply with a state plan. Applies these requirements to states that submit a plan or have a plan previously endorsed by the U.S. Fish and Wildlife Service. Requires the appropriate Secretary to: (1) review statewide plans to determine if they are likely to conserve the species to the point at which the measures provided pursuant to the Endangered Species Act of 1973 are no longer necessary; (2) approve or endorse, or make comments on, statewide plans; and (3) provide states with information and make personnel available to help with plans. Prohibits any proposed action pursuant to the National Environmental Policy Act (NEPA) that occurs within one of those states from being denied or restricted solely on the basis of such sage-grouse if the action is consistent with a state plan that has been submitted to the appropriate Secretary.