II 113th CONGRESS 2d Session S. 2394 IN THE SENATE OF THE UNITED STATES May 22, 2014 Mr. Enzi (for himself, Mr. Barrasso , Mr. Hatch , Mr. Risch , Mr. Lee , Ms. Murkowski , and Mr. Crapo ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL 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 means each of the States of California, Colorado, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. (2) National Forest System land The term National Forest System land means the Federal land within the National Forest System, as described in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). (3) Public land The term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 ). (4) Sage grouse species The term sage grouse species means the greater sage-grouse (Centrocercus urophasianus) and the Gunnison sage-grouse (Centrocercus minimus). (5) Secretary The term Secretary means— (A) the Secretary of Agriculture, with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to public land. (6) Statewide plan The term statewide plan means a statewide conservation and management plan for the protection and recovery of sage grouse species within a covered western State. (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 willingness of the Secretary to participate in the 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 the 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 a notice described in paragraph (1) 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 to appropriate State personnel to assist the State in the 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 a statewide 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 a statewide plan from a covered western State not later than 2 years after receiving a notice under subsection (b) 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— (A) to 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. ) are no longer necessary in the State; and (B) to conserve the habitat essential to conserve the sage grouse species within the State; and (2) approve or endorse, or make comments regarding, the statewide plan not later than 120 days after the date of submission. (e) Actions after statewide plan is submitted (1) Hold on certain actions Not later than 30 days after receipt of a statewide plan from a covered western State, the Secretary shall— (A) take necessary steps to place on hold— (i) for a period of not less than 10 years, 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 that Act; and (iii) designation of any critical habitat for any sage grouse species within that State under that Act; and (B) withdraw any land use planning activities related to Federal management of sage grouse on Federal land within that State and take immediate steps to amend all Federal land use plans to comply with the statewide plan with respect to that State, if— (i) the State presents to the Secretary the conservation and management plan of the State 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 a sage grouse species if the 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 plan that is submitted by a covered western State and approved or endorsed by the United States Fish and Wildlife Service 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 Service; and (2) for purposes of subsections (b)(3) and (e), treat a statewide plan described in paragraph (1) as a plan referred to in those subsections.