text: 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:
              (1) Federal resource management plan.--The term ``Federal 
          resource management plan'' means--
                      (A) 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
                      (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 management plans 
          over a period of multiple, consecutive Greater Sage Grouse life 
          cycles; and
              (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 Endangered 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 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.
              (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 Management and State Management 
  Plans.--
              (1) Prohibition on withdrawals and modifications of federal 
          resource management plans.--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, 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 Federal 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 management of 
          the Greater Sage Grouse or its habitat, implementation and 
          operation of the withdrawal, amendment, or modification shall 
          be stayed to the extent that the withdrawal, 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.
              (3) Determination of inconsistency.--Any disagreement 
          regarding whether a withdrawal, or 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.
      (e) Relation to National Environmental Policy Act of 1969.--With 
  regard to any major Federal action consistent with a State management 
  plan, any findings, analyses, or conclusions regarding the Greater Sage 
  Grouse or its habitat under section 102(2)(C) of the National 
  Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not have 
  a preclusive effect on the approval or implementation of the major 
  Federal action in that State.
      (f) Reporting Requirement.--Not later than one year after the date 
  of the enactment of this Act and annually 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' implementation 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.
target: Greater Sage Grouse Protection and Recovery Act of 2016 This bill delays findings by the Department of the Interior with respect to the greater sage grouse under the Endangered Species Act until September 30, 2026. Additionally, Interior and the Department of Agriculture (USDA)are prohibited from amending any federal resource management plans that affect the greater sage grouse in a state in which the governor has notified Interior or USDA that a state management plan is in place.
feat_title: Greater Sage Grouse Protection and Recovery Act of 2016