[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3894 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 3894

      To protect grizzly bear populations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 2, 2017

 Mr. Grijalva introduced the following bill; which was referred to the 
  Committee on Natural Resources, and in addition to the Committee on 
Agriculture, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
      To protect grizzly bear populations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tribal Heritage and Grizzly Bear 
Protection Act''.

SEC. 2. PROTECTION OF GRIZZLY BEARS.

    (a) Prohibited Acts.--Except as provided in section 3, it is 
unlawful for any person--
            (1) to take, possess, or transport a grizzly bear, or any 
        part thereof;
            (2) to violate any condition of a permit issued under 
        section 3; or
            (3) to violate any regulation issued by the Secretary 
        pursuant to this Act.
    (b) Nonapplication.--This Act shall not apply to--
            (1) a grizzly bear, or any part thereof, in a population 
        that is listed as a threatened species or an endangered species 
        under section 4 of the Endangered Species Act of 1973 (16 
        U.S.C. 1533);
            (2) a grizzly bear, or any part thereof, taken, possessed, 
        or transported in the State of Alaska; or
            (3) a taking that is imminently necessary for self-defense 
        or to save the life of a person in immediate danger.
    (c) Civil Penalty.--
            (1) Knowing violation.--Any person who knowingly violates 
        subsection (a) may be assessed a civil penalty by the Secretary 
        under the first sentence of section 11(a) of the Endangered 
        Species Act of 1973 (16 U.S.C. 1540(a)) as if such person has 
        knowingly violated a provision of such Act.
            (2) Unknowing violation.--Any person who, other than 
        knowingly, violates subsection (a) may be assessed a civil 
        penalty by the Secretary under the third sentence of section 
        11(a) of the Endangered Species Act of 1973 (16 U.S.C. 1540(a)) 
        as if such person has otherwise violated a provision of such 
        Act.
    (d) Criminal Penalty.--Any person who knowingly violates subsection 
(a) shall, upon conviction, be punished in the same manner as a person 
who commits a violation punishable under the first sentence of section 
11(b) of the Endangered Species Act of 1973 (16 U.S.C. 1540(b)).
    (e) Cancellation of Grazing Authorizations.--Any lease, license, 
permit, or agreement issued by the head of any Federal agency to a 
person authorizing the grazing of domestic livestock on Federal lands 
shall have no force or effect upon the conviction of such person of a 
violation of subsection (a). The United States shall not be liable for 
the payment of any compensation, reimbursement, or damages in 
connection with the cancellation of any lease, license, permit, or 
agreement pursuant to this subsection.

SEC. 3. PERMITTED TAKING OF GRIZZLY BEARS.

    (a) In General.--The Secretary may issue a permit in accordance 
with this section authorizing the taking, possession, or transport of a 
grizzly bear, or any part thereof, that is otherwise prohibited by 
section 2.
    (b) Conditions.--The Secretary may issue a permit under this 
section only if the Secretary has--
            (1) investigated the circumstances that gave rise to the 
        permit application;
            (2) determined that such taking, possession, or transport 
        is compatible with the protection of the grizzly bear species 
        or a population of grizzly bears occupying a geographically 
        distinct area; and
            (3) determined that such taking, possession, or transport 
        is an allowable taking, possession, or transport under 
        subsection (c).
    (c) Allowable Takings, Possessions, or Transports.--For the purpose 
of subsection (b)(3), an allowable taking, possession, or transport is 
any of the following:
            (1) Scientific or exhibition purposes.--Taking, possessing, 
        or transporting a grizzly bear, or any part thereof, for the 
        scientific or exhibition purposes of a--
                    (A) public museum;
                    (B) scientific society; or
                    (C) zoological park that is accredited by the 
                Association of Zoos and Aquariums.
            (2) Religious purposes of federally recognized indian 
        tribe.--Taking, possessing, or transporting a grizzly bear, or 
        any part thereof, for the religious purposes of a federally 
        recognized Indian Tribe.
            (3) Protection of agricultural interests or public 
        safety.--
                    (A) In general.--Subject to subparagraph (B), 
                taking, possessing, or transporting a grizzly bear, or 
                any part thereof, during such time period and in such 
                location as the Secretary determines to be necessary to 
                protect agricultural interests or public safety in such 
                location.
                    (B) Requirements for taking.--Before making a 
                determination under subparagraph (A) with respect to a 
                taking--
                            (i) the Governor of the State in which the 
                        taking will occur must request, in writing, 
                        that the Secretary make such determination;
                            (ii) the Secretary must conclude that 
                        nonlethal deterrents have been used in such 
                        location and proven ineffective to mitigate the 
                        threat of the grizzly bear to agricultural 
                        interests or public safety; and
                            (iii) the Secretary must determine, in 
                        consultation with the Interagency Grizzly Bear 
                        Study Team and each federally recognized Indian 
                        Tribe identified in the report required under 
                        section 6(a)(2), that the grizzly bear cannot 
                        be relocated to support--
                                    (I) efforts under section 6 to 
                                reintroduce grizzly bears on Tribal 
                                land; or
                                    (II) recovery efforts for a grizzly 
                                bear population listed as a threatened 
                                species or an endangered species under 
                                section 4 of the Endangered Species Act 
                                of 1973 (16 U.S.C. 1533).
    (d) No Permits for Takings That Would Exceed Mortality Limit.--The 
Secretary may not issue a permit under this section for the taking of a 
grizzly bear if such taking would cause the total mortality for any 
population or subpopulation of grizzly bears to exceed the 
scientifically recommended limit determined by the Interagency Grizzly 
Bear Study Team.
    (e) Sport Hunting.--Nothing in this section may be construed to 
allow sport hunting of grizzly bears.
    (f) Nonalienability.--A person who has been issued a permit under 
this section may not sell, transfer, assign, or otherwise alienate the 
authority granted to such person by such permit.
    (g) Conduct Requirements.--Taking, possessing, or transporting a 
grizzly bear, or any part thereof, under this Act shall be conducted in 
a manner consistent with--
            (1) the conditions of the permit authorizing such taking, 
        possession, or transport; and
            (2) the provisions of this Act.

SEC. 4. LIVESTOCK LOSS PREVENTION.

    Public Law 111-11 is amended--
            (1) in section 6202 (7 U.S.C. 426 note)--
                    (A) in the heading of such section, by inserting 
                ``and grizzly bear'' after ``wolf'';
                    (B) in the matter preceding subsection (a)(1), by 
                striking ``5-year'';
                    (C) in subsection (a)(1), by inserting ``and 
                grizzly bears'' after ``wolves''; and
                    (D) in subsection (b)(2)(A), by inserting ``and 
                grizzly bears'' after ``wolves''; and
            (2) in section 6203 (7 U.S.C. 426 note), by striking 
        ``$1,000,000 for fiscal year 2009'' and inserting ``$5,000,000 
        for fiscal year 2018''.

SEC. 5. CONSULTATION WITH INDIAN TRIBES.

    (a) Consultation Required Before Issuing Permit.--Before issuing a 
permit under this Act that authorizes an activity to be carried out on 
the Tribal land of a federally recognized Indian Tribe, the Secretary 
shall consult with such federally recognized Indian Tribe.
    (b) Consultation Required Before Taking Major Federal Action.--
Before taking any Federal action that may negatively impact grizzly 
bear habitat or increase grizzly bear mortality the Secretary or the 
Secretary of Agriculture, respectively, shall consult with--
            (1) the Interagency Grizzly Bear Study Team; and
            (2) the relevant federally recognized Indian Tribe.
    (c) Requirement.--Any consultation conducted with a federally 
recognized Indian Tribe under this section--
            (1) shall be meaningful and be conducted within a framework 
        developed with the free, prior, and informed consent of that 
        Indian Tribe;
            (2) shall be carried out through cooperative management 
        agreements between the Secretary, the Secretary of Agriculture, 
        and that Indian Tribe; and
            (3) may, at the option of the Indian Tribe, be entered into 
        under the Indian Self-Determination and Education Assistance 
        Act (25 U.S.C. 5301 et seq.).

SEC. 6. REINTRODUCTION OF GRIZZLY BEARS ON TRIBAL LAND.

    (a) Public Report Required.--
            (1) Study.--The Interagency Grizzly Bear Study Team, in 
        consultation with each federally recognized Indian Tribe whose 
        Tribal land is located within the historical range of the 
        grizzly bear, shall conduct a study to identify Tribal land 
        that is located within the historical range of the grizzly bear 
        and is suitable to support grizzly bear populations.
            (2) Report.--Not later than 2 years after the date of the 
        enactment of this Act, the Interagency Grizzly Bear Study Team 
        shall make publically available on the website of the 
        Interagency Grizzly Bear Study Team a report containing the 
        results of the study conducted under paragraph (1).
    (b) Notification.--Not later than 30 days after the report is made 
available under subsection (a)(2), the Secretary shall notify each 
federally recognized Indian Tribe whose Tribal land was identified in 
the report required under subsection (a)(1) that grizzly bears may be 
reintroduced on the identified Tribal land in accordance with this Act.
    (c) Reintroduction.--If a federally recognized Indian Tribe 
notified under subsection (b) notifies the Secretary that it agrees to 
have grizzly bears reintroduced on its Tribal land, the Secretary shall 
coordinate with that federally recognized Indian Tribe to reintroduce 
grizzly bears to such Tribal land.
    (d) Manner of Relocation.--The relocation of grizzly bears under 
subsection (c) shall be carried out by the Secretary in a manner that 
is consistent with--
            (1) the scientific advice of the Interagency Grizzly Bear 
        Study Team;
            (2) the traditional ecological knowledge of the respective 
        federally recognized Indian Tribe; and
            (3) Secretarial Order 3342, dated October 21, 2016.
    (e) Protection of Public Safety.--A grizzly bear that has been 
identified by the Secretary as a threat to public safety shall not be 
eligible for reintroduction under this section.
    (f) Other Reintroduction Efforts.--Nothing in this Act shall affect 
any effort by the Secretary to reintroduce a grizzly bear on lands 
other than the lands specified in this Act.

SEC. 7. MISCELLANEOUS.

    (a) Limitation on Use of Predator Control Measures.--The Secretary 
or the Secretary of Agriculture, respectively, shall prohibit on lands 
under such Secretary's jurisdiction the use of predator control 
measures that the Interagency Grizzly Bear Study Team has determined 
may result in the inadvertent taking of grizzly bears.
    (b) Meeting and Advisement.--The Interagency Grizzly Bear Committee 
and the Interagency Grizzly Bear Study Team shall meet with and advise 
State and Federal wildlife managers and affected federally recognized 
Indian Tribes.
    (c) Inclusion of Members of Federally Recognized Indian Tribes on 
Interagency Grizzly Bear Committee.--The Interagency Grizzly Bear 
Committee shall include not less than 1 member of each federally 
recognized Indian Tribe whose Tribal land is--
            (1) inhabited by grizzly bears; or
            (2) identified in the report required under section 6(a)(2) 
        as suitable to support grizzly bear populations.
    (d) Partnership.--The Secretary, the Secretary of Agriculture, and 
relevant federally recognized Indian Tribes shall manage grizzly bears 
reintroduced on Tribal land under this Act using the best available 
science and consistent with the cultural imperatives of those federally 
recognized Indian Tribes, as defined in The Grizzly: A Treaty of 
Cooperation, Cultural Revitalization and Restoration.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Grizzly bear.--The term ``grizzly bear'' means a member 
        of the subspecies Ursus arctos horribilis.
            (2) Historical range of the grizzly bear.--The term 
        ``historical range of the grizzly bear'' means the range 
        determined by the Interagency Grizzly Bear Study Team using the 
        best available scientific and historical information.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Take.--The term ``take'' means to harass, harm, pursue, 
        hunt, shoot, wound, kill, trap, capture, or collect, or to 
        attempt to engage in any such conduct.
            (5) Tribal land.--The term ``Tribal land'' means--
                    (A) land located within the boundaries of an Indian 
                reservation, pueblo, or Rancheria;
                    (B) land not located within the boundaries of an 
                Indian reservation, pueblo, or Rancheria, title to 
                which is held--
                            (i) in trust by the United States for 
                        benefit of an Indian tribe or an individual 
                        Indian;
                            (ii) by an Indian tribe or an individual 
                        Indian, subject to restriction against 
                        alienation under laws of the United States; or
                            (iii) by a dependent Indian community; and
                    (C) land that is owned by an Indian tribe and was 
                conveyed by the United States to a Native Corporation 
                pursuant to the Alaska Native Claims Settlement Act (43 
                U.S.C. 1601 et seq.) or that was conveyed by the United 
                States to a Native Corporation in exchange for such 
                land.
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