Sec. 2862. Protection and recovery of Greater Sage Grouse
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/bill/114/hr/1735/eh/section-2862·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term Federal resource management plan means— a land use plan prepared by the Bureau of Land Management for public lands pursuant to section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ); or 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 ). The term Greater Sage Grouse means a sage grouse of the species Centrocercus urophasianus .
The term State management plan means a State-approved plan for the protection and recovery of the Greater Sage Grouse. The purpose of this section is— to facilitate implementation of State management plans over a period of multiple, consecutive sage grouse life cycles; and to demonstrate the efficacy of the State management plans for the protection and recovery of the Greater Sage Grouse. Any finding by the Secretary of the Interior under clause (i), (ii), or
(iii)of section 4(b)(3)(B) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(b)(3)(B) ) with respect to the Greater Sage Grouse made during the period beginning on September 30, 2015, and ending on the date of the enactment of this Act shall have no force or effect in law or in equity, and the Secretary of the Interior may not make any such finding during the period beginning on the date of the enactment of this Act and ending on September 30, 2025. The delay imposed by paragraph
(1)is, and shall remain, effective without regard to any other statute, regulation, court order, legal settlement, or any other provision of law or in equity. Until the date specified in paragraph (1), the conservation status of the Greater Sage Grouse shall remain warranted for listing under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), but precluded by higher-priority listing actions pursuant to clause
(iii)of section 4(b)(3)(B) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(b)(3)(B) ). In order to foster coordination between a State management plan and Federal resource management plans that affect the Greater Sage Grouse, upon notification by the Governor of a State with a State management plan, the Secretary of the Interior and the Secretary of Agriculture may not amend or otherwise modify any Federal resource management plan applicable to Federal lands 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. In the case of any State that provides notification under paragraph (1), if any amendment or modification of a Federal resource management plan applicable to Federal lands in the State was issued during the one-year period preceding the date of the notification and the amendment or modification altered management of the Greater Sage Grouse or its habitat, implementation and operation of the amendment or modification shall be stayed to the extent that the amendment or modification 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 extent consistent with the State management plan. Any disagreement regarding whether an amendment or other modification of a Federal resource management plan is inconsistent with a State management plan shall be resolved by the Governor of the affected State. With regard to any Federal action consistent with a State management plan, any findings, analyses, or conclusions regarding the Greater Sage Grouse or its habitat under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. ) shall not have a preclusive effect on the approval or implementation of the Federal action in that State. Not later than one year after the date of the enactment of this Act and annually thereafter through 2021, 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’ implementation and effectiveness of systems to monitor the status of Greater Sage Grouse on Federal lands under their jurisdiction. Notwithstanding any other provision of statute or regulation, this section, including determinations made under subsection (d)(3), shall not be subject to judicial review.
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Sec. 2862
Protection and recovery of Greater Sage Grouse
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