S.Amdt. 151

SA 151. Mr. LEE submitted an amendment intended to be proposed by him
to the concurrent resolution S. Con. Res. 3, setting forth the
congressional budget for the United States Government for fiscal year
2017 and setting forth the appropriate budgetary levels for fiscal
years 2018 through 2026; which was ordered to lie on the table; as
follows:

At the end of title III, add the following:

SEC. 3__. DEFICIT-NEUTRAL RESERVE FUND RELATING TO THE
PROTECTION AND RECOVERY OF THE GREATER SAGE-
GROUSE.

(a) In General.--The Chairman of the Committee on the
Budget of the Senate may revise the allocations of a
committee or committees, aggregates, and other appropriate
levels in this resolution for one or more bills, joint
resolutions, amendments, amendments between the Houses,
motions,

[[Page S289]]

or conference reports relating to the implementing the delay
described in subsection (b), requiring the coordination
described in subsection (c), and precluding the judicial
review described in subsection (d) by the amounts provided in
such legislation for those purposes, provided that such
legislation would not raise new revenue and would not
increase the deficit over either the period of the total of
fiscal years 2017 through 2021 or the period of the total of
fiscal years 2017 through 2026.
(b) Description of Delay.--A delay referred to in
subsection (a) is, in the case of a State with a State
management plan, a delay on the Secretary of the Interior
making a finding under 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 the State until September 30,
2026.
(c) Description of Coordination.--The coordination referred
to in subsection (a) is--
(1) for the purpose of fostering coordination between a
State management plan and Federal resource management plans
that affect the greater sage-grouse, the Governor of a State
with a State management plan providing notification to the
Secretary of the Interior and the Secretary of Agriculture,
as applicable, who, on receipt of that notification, 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, or 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 of the State, of not fewer than 5 years beginning on
the date on which the Governor provides the notification;
(2) 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 land in the
State was issued during the 3-year period before the date on
which the Governor provides the notification and the
withdrawal, amendment, or modification alters the management
of the greater sage-grouse or the habitat of the greater
sage-grouse--
(A) staying the implementation and operation of the
withdrawal, amendment, or modification to the extent that the
withdrawal, amendment, or modification is inconsistent with
the State management plan; and
(B) applying the Federal resource management plan (as in
effect immediately before the amendment or modification) with
respect to the management of the greater sage-grouse and the
habitat of the greater sage-grouse, to the extent that the
Federal resource management plan is consistent with the State
management plan; and
(3) the Governor of the affected State resolving any
disagreement regarding whether a withdrawal of, or an
amendment or other modification to, a Federal resource
management plan is inconsistent with a State management plan.
(d) Description of Judicial Review.--The judicial review
referred to in subsection (a) is judicial review of the
requirements and implementation of this amendment, including
a determination made under subsection (c)(3).
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