[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 368 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 368

To require the Director of the United States Fish and Wildlife Service 
 to issue a scientifically valid and State-supported recovery plan for 
                         the Mexican gray wolf.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 14, 2017

   Mr. Flake introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To require the Director of the United States Fish and Wildlife Service 
 to issue a scientifically valid and State-supported recovery plan for 
                         the Mexican gray wolf.

    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 ``Mexican Gray Wolf Recovery Plan 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (2) Mexican gray wolf.--The term ``Mexican gray wolf'' 
        means the subspecies classified as the Mexican gray wolf (Canis 
        lupus baileyi) of the species gray wolf (Canis lupus) (as of 
        the date of enactment of this Act).
            (3) Prey.--The term ``prey'' means wild ungulates and other 
        wild animals.

SEC. 3. RECOVERY PLAN FOR MEXICAN GRAY WOLVES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Director shall publish a revised recovery 
plan for the Mexican gray wolf populations in the States of Arizona and 
New Mexico.
    (b) Contents.--The recovery plan described in subsection (a) shall 
include--
            (1) the requirements described in section 4(f)(1)(B) of the 
        Endangered Species Act (16 U.S.C. 1533(f)(1)(B)), unless 
        otherwise provided in this subsection;
            (2) an assertion that State and individual interests and 
        cooperation are crucial components to the recovery of the 
        Mexican gray wolf;
            (3) the input of State entities and individuals, 
        including--
                    (A) State wildlife authorities;
                    (B) livestock producers;
                    (C) ranchers;
                    (D) managers or owners of--
                            (i) natural resources; or
                            (ii) private land;
                    (E) recreation interests;
                    (F) affected county governments; and
                    (G) other interested State parties;
            (4) recovery goals for the Mexican gray wolf in the States 
        of Arizona and New Mexico, as determined by the agreements 
        between the Director, the States of Arizona and New Mexico, and 
        State interests, that--
                    (A) comply with section 4(f)(1)(B)(ii) of the 
                Endangered Species Act (16 U.S.C. 1533(f)(1)(B)(ii)); 
                and
                    (B) include an enforceable maximum population of 
                the Mexican gray wolf that--
                            (i) ensures that--
                                    (I) the population of Mexican gray 
                                wolves in the States of Arizona and New 
                                Mexico does not reach an unsustainable 
                                level; and
                                    (II) the range of Mexican gray 
                                wolves in the States of Arizona and New 
                                Mexico is acceptable to a majority of 
                                the State entities and individuals 
                                described in paragraph (3); and
                            (ii) is not more than a number of Mexican 
                        gray wolves that is agreed on by, and 
                        acceptable to, the State entities and 
                        individuals described in paragraph (3) in 
                        accordance with paragraphs (5) and (6);
            (5) the decrease of wild ungulate species in the States of 
        Arizona and New Mexico due to the Mexican gray wolf, as 
        determined to be acceptable to the State entities and 
        individuals described in paragraph (3);
            (6) a description of the acceptable and unacceptable 
        impacts on--
                    (A) wild game;
                    (B) livestock; and
                    (C) recreation in the States of Arizona and New 
                Mexico due to--
                            (i) the Mexican gray wolf population; and
                            (ii) the management of the Mexican gray 
                        wolf;
            (7) a range for the Mexican gray wolf during and after 
        recovery that--
                    (A) ensures a suitable habitat and prey base;
                    (B) does not allow the Mexican gray wolf to 
                disperse north of Interstate 40 in the States of 
                Arizona and New Mexico; and
                    (C) focuses on areas that can support a robust wild 
                ungulate population;
            (8) a description of the efforts that the Director will 
        make to share with Mexico all Federal and State knowledge, 
        history, and expertise relating to Mexican gray wolf recovery 
        efforts to ensure that any recovery effort by Mexico is 
        successful; and
            (9) a statement by the Director that, if the Director does 
        not comply with subsection (a), as determined by the State 
        wildlife authority of the State of Arizona or New Mexico, the 
        Director will allow the State wildlife authority to submit a 
        proposal to assume or supplement the management of the Mexican 
        gray wolf in the relevant State.
    (c) Management by the State.--
            (1) Noncompliance by the director.--
                    (A) In general.--If the Director does not comply 
                with subsection (a), the State wildlife authority of 
                the State of Arizona or New Mexico may make a 
                determination of noncompliance.
                    (B) Proposal.--Not later than 90 days after the 
                date on which the State wildlife authority of the State 
                of Arizona or New Mexico makes a determination under 
                subparagraph (A), the State wildlife authority of each 
                State in which the Mexican gray wolf is present may 
                submit to the Director a proposal to assume or 
                supplement the management of the Mexican gray wolf.
                    (C) Approval of proposal.--On the date on which the 
                Director receives from a State wildlife authority a 
                proposal referred to in subparagraph (B), the Director 
                shall approve the proposal.
            (2) Management by state wildlife authority.--Not later than 
        90 days after the date on which the Director approves a 
        proposal under paragraph (1)(C), the Director shall allow the 
        State wildlife authority to assume or supplement the management 
        of the Mexican gray wolf in the relevant State.
            (3) Agreements.--If a State wildlife authority assumes or 
        supplements the management of the Mexican gray wolf under 
        paragraph (2), the State wildlife authority shall manage the 
        Mexican gray wolf in accordance with the agreement between the 
        State and the Director that--
                    (A) was made in the development of the recovery 
                plan described in subsection (a); and
                    (B) included in the recovery plan under subsection 
                (b).
            (4) Eligibility for funding.--In the case of the management 
        of the Mexican gray wolf by a State wildlife authority under 
        paragraph (2), the State wildlife authority shall be eligible 
        to apply for funding from--
                    (A) the cooperative endangered species conservation 
                fund established under section 6 of the Endangered 
                Species Act of 1973 (16 U.S.C. 1535);
                    (B) the State and tribal wildlife conservation 
                grant program established under title I of division A 
                of Public Law 111-88 (123 Stat. 2909); and
                    (C) the Federal aid to wildlife restoration fund 
                established under section 3(a)(1) of the Pittman-
                Robertson Wildlife Restoration Act (16 U.S.C. 
                669b(a)(1)).

SEC. 4. EXCEEDANCE OF POPULATION.

    (a) In General.--In the case of an exceedance of the acceptable and 
enforceable maximum population of Mexican gray wolves referred to in 
section 3(b)(4)(B), the Director shall use a scientifically sound 
method to reduce the population of the Mexican gray wolf, including the 
removal of the appropriate number of Mexican gray wolves from the State 
of Arizona or New Mexico and relocation of those Mexican gray wolves 
within the range referred to in section 3(b)(7).
    (b) Wild Ungulate Herds.--In the case of a decline of a wild 
ungulate herd by more than the decrease referred to in section 3(b)(5), 
the Director shall carry out a management action for the Mexican gray 
wolf, including the removal of an appropriate number of Mexican gray 
wolves from the area in which the wild ungulate herd is located for 
relocation within the range referred to in section 3(b)(7).

SEC. 5. DELISTING OF MEXICAN GRAY WOLVES.

    (a) In General.--Effective beginning on the date on which the 
Director determines that the population goal for the Mexican gray wolf 
referred to in section 3(b)(4) has been reached--
            (1) the Mexican gray wolf shall no longer be included on 
        any list of endangered species, threatened species, or 
        experimental populations under the Endangered Species Act of 
        1973 (16 U.S.C. 1531 et seq.); and
            (2) management of the Mexican gray wolf shall be assumed by 
        each State in which the Mexican gray wolf is present.
    (b) No Judicial Review.--The determination by the Director to 
remove the Mexican gray wolf from any list of endangered species, 
threatened species, or experimental populations under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.), shall not be subject to 
judicial review.
    (c) State Determination.--Before the date on which the Director 
delists the Mexican gray wolf under subsection (a), subject to sections 
3 and 4, each State in which the Mexican gray wolf is present shall 
determine a number of Mexican gray wolves below which, or other 
specific criteria by which, the Director may make a determination to 
include the Mexican gray wolf on a list of endangered species, 
threatened species, or experimental populations under section 4 of the 
Endangered Species Act of 1973 (16 U.S.C. 1533).
    (d) Monitoring.--The Director shall carry out monitoring activities 
under section 4(g) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(g)) to determine the number of Mexican gray wolves in the States 
of Arizona and New Mexico.
    (e) No Further Listing.--
            (1) In general.--Subject to subsection (c) and paragraph 
        (2), after the date on which the Director has delisted the 
        Mexican gray wolf under subsection (a), the Director shall not 
        make any determination that results in the inclusion of the 
        Mexican gray wolf on any list of endangered species, threatened 
        species, or experimental populations under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.).
            (2) Exception.--Notwithstanding paragraph (1) and subject 
        to subsection (c), the Director may include the Mexican gray 
        wolf on a list of endangered species, threatened species, or 
        experimental populations under the Endangered Species Act of 
        1973 (16 U.S.C. 1531 et seq.), if the population numbers, 
        impacts, and range described in the recovery plan described in 
        section 3(a) are not maintained.
    (f) No Further Recovery Plans.--After the date on which the 
Director publishes the recovery plan described in section 3(a), the 
Director shall not publish any recovery plan for the Mexican gray wolf, 
unless the Director makes a determination described in subsection (c) 
or (e)(2).

SEC. 6. RECLASSIFICATION OF MEXICAN GRAY WOLF.

    This Act shall apply to the Mexican gray wolf notwithstanding any 
reclassification of the Mexican gray wolf as a subspecies, a distinct 
population segment, or a species other than the subspecies classified 
as the Mexican gray wolf (Canis lupus baileyi) of the species gray wolf 
(Canis lupus) (as of the date of enactment of this Act).
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