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 fol-
lowing 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Greater Sage Grouse 
Protection and Recovery Act of 2016’’. 
SEC. 2. PROTECTION AND RECOVERY OF GREATER SAGE 
GROUSE. 
(a) DEFINITIONS.—In this section: 
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(1) 
FEDERAL
RESOURCE
MANAGEMENT 
PLAN.—The term ‘‘Federal resource management 
plan’’ means— 
(A) a land use plan prepared by the Bu-
reau of Land Management for public lands pur-
suant to section 202 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 
1712); or 
(B) a land and resource management plan 
prepared by the Forest Service for National 
Forest System lands pursuant to section 6 of 
the Forest and Rangeland Renewable Resources 
Planning Act of 1974 (16 U.S.C. 1604). 
(2) 
GREATER
SAGE
GROUSE.—The 
term 
‘‘Greater Sage Grouse’’ means a sage grouse of the 
species Centrocercus urophasianus. 
(3) STATE
MANAGEMENT
PLAN.—The term 
‘‘State management plan’’ means a State-approved 
plan for the protection and recovery of the Greater 
Sage Grouse. 
(b) PURPOSE.—The purpose of this section is— 
(1) to facilitate implementation of State man-
agement plans over a period of multiple, consecutive 
Greater Sage Grouse life cycles; and 
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(2) to demonstrate the efficacy of the State 
management plans for the protection and recovery of 
the Greater Sage Grouse. 
(c) DELAY IN MAKING ENDANGERED SPECIES ACT 
OF 1973 FINDING.— 
(1) DELAY
REQUIRED.—In the case of any 
State with a State management plan, the Secretary 
of the Interior may not make a finding under clause 
(i), (ii), or (iii) of section 4(b)(3)(B) of the Endan-
gered 
Species 
Act 
of 
1973 
(16 
U.S.C. 
1533(b)(3)(B)) with respect to the Greater Sage 
Grouse in that State before September 30, 2026. 
(2) EFFECT ON OTHER LAWS.—The delay im-
posed by paragraph (1) is, and shall remain, effec-
tive without regard to any other statute, regulation, 
court order, legal settlement, or any other provision 
of law or in equity. 
(3) EFFECT ON CONSERVATION STATUS.—Until 
the date specified in paragraph (1), the conservation 
status of the Greater Sage Grouse shall remain not 
warranted for listing under the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.). 
(d) COORDINATION OF FEDERAL LAND MANAGE-
MENT AND STATE MANAGEMENT PLANS.— 
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(1) PROHIBITION ON WITHDRAWALS AND MODI-
FICATIONS
OF
FEDERAL
RESOURCE
MANAGEMENT 
PLANS.—In order to foster coordination between a 
State management plan and Federal resource man-
agement plans that affect the Greater Sage Grouse, 
upon notification by the Governor of a State with a 
State management plan, the Secretary of the Inte-
rior and the Secretary of Agriculture, as applicable, 
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, nor amend or otherwise modify any Fed-
eral 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 in the notification, of at least five 
years beginning on the date of the notification. 
(2) RETROACTIVE EFFECT.—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 
lands in the State was issued during the three-year 
period preceding the date of the notification and the 
withdrawal, amendment, or modification altered 
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management of the Greater Sage Grouse or its habi-
tat, implementation and operation of the withdrawal, 
amendment, or modification shall be stayed to the 
extent that the withdrawal, amendment, or modifica-
tion is inconsistent with the State management plan. 
The Federal resource management plan, as in effect 
immediately before the amendment or modification, 
shall apply instead with respect to management of 
the Greater Sage Grouse and its habitat, to the ex-
tent consistent with the State management plan. 
(3) DETERMINATION OF INCONSISTENCY.—Any 
disagreement regarding whether a withdrawal, or an 
amendment or other modification of a Federal re-
source management plan, is inconsistent with a 
State management plan shall be resolved by the 
Governor of the affected State. 
(e) RELATION TO NATIONAL ENVIRONMENTAL POL-
ICY ACT OF 1969.—With regard to any major Federal ac-
tion consistent with a State management plan, any find-
ings, analyses, or conclusions regarding the Greater Sage 
Grouse or its habitat under section 102(2)(C) of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)) shall not have a preclusive effect on the ap-
proval or implementation of the major Federal action in 
that State. 
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(f) REPORTING REQUIREMENT.—Not later than one 
year after the date of the enactment of this Act and annu-
ally thereafter through 2026, the Secretary of the Interior 
and the Secretary of Agriculture shall jointly submit to 
the Committee on Energy and Natural Resources of the 
Senate and the Committee on Natural Resources of the 
House of Representatives a report on the Secretaries’ im-
plementation and effectiveness of systems to monitor the 
status of Greater Sage Grouse on Federal lands under 
their jurisdiction. 
(g) JUDICIAL REVIEW.—Notwithstanding any other 
provision of statute or regulation, the requirements and 
implementation of this section, including determinations 
made under subsection (d)(3), are not subject to judicial 
review. 
Æ 
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