[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2532 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 2532

      To protect grizzly bear populations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2019

 Mr. Grijalva (for himself, Ms. Haaland, Mr. Huffman, Mr. Neguse, and 
 Mr. Khanna) 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. 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 Committee 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;
                    (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; and
                    (D) areas where Indian Tribes have reserved treaty 
                rights lands.
            (6) Committee.--The term ``Committee'' means the Grizzly 
        Bear Scientific Committee.

SEC. 3. PROTECTION OF GRIZZLY BEARS.

    (a) Prohibited Acts.--Except as provided in section 5, 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 5; 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 
        described in the first sentence of section 11(a)(1) of the 
        Endangered Species Act of 1973 (16 U.S.C. 1540(a)(1)) as if 
        such person 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 described in the third sentence of 
        section 11(a)(1) of the Endangered Species Act of 1973 (16 
        U.S.C. 1540(a)(1)) as if such person 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)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1540(b)(1)).
    (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. 4. ESTABLISHMENT OF GRIZZLY BEAR SCIENTIFIC COMMITTEE.

    (a) Establishment.--Not later than 90 days after the date of the 
enactment of the Tribal Heritage and Grizzly Bear Protection Act, the 
Secretary shall establish the Grizzly Bear Scientific Committee (``the 
Committee''), in accordance with subsection (b) below, to carry out the 
expert consultations and scientific studies specified by this Act. The 
Secretary shall establish 6 regions within the Grizzly Bear Scientific 
Committee as follows:
            (1) The North Cascades Ecosystem Region shall consist of 
        Washington.
            (2) The Selkirk Mountains Ecosystem Region shall consist of 
        Idaho and Washington.
            (3) The Cabinet Yaak Ecosystem Region shall consist of 
        Montana and Idaho.
            (4) The Northern Continental Divide Ecosystem Region shall 
        consist of Montana.
            (5) The Bitterroot Recovery Ecosystem Region shall consist 
        of Idaho and Montana.
            (6) The Greater Yellowstone Ecosystem Region shall consist 
        of Wyoming, Idaho, and Montana.
    (b) Membership.--The Committee shall be composed of the following 
members:
            (1) Regional representation.--Each of the regions listed in 
        paragraphs (1) through (6) of subsection (a) shall be 
        represented on the Committee by 2 members--
                    (A) who are appointed by the Secretary;
                    (B) who reside in a State or territory in the 
                region that the member will represent; and
                    (C) of whom--
                            (i) one shall be a Tribal representative; 
                        and
                            (ii) one shall be an individual who 
                        represents the scientific community.
            (2) At-large members.--The Secretary shall appoint as at-
        large members of the Committee at least one scientific expert 
        representative from each of the following designated by the 
        expert's own agency:
                    (A) The Fish and Wildlife Service.
                    (B) The National Park Service.
                    (C) The Forest Service.
                    (D) The Bureau of Land Management.
                    (E) The Bureau of Indian Affairs.
                    (F) The United States Geological Survey.
    (c) Determinations To Be Made on Basis of Best Available Science.--
Determinations by the Committee pursuant to this Act shall be made 
solely on the basis of the best available science.
    (d) No Replacement of Existing Entities.--
            (1) The establishment of the Committee shall not replace 
        any existing Federal or interagency committee, task force, or 
        study team.
            (2) The functions of the Committee shall be limited to 
        those mandated by this Act and shall not replace, repeal, or 
        subsume any authority or function delegated to any other 
        Federal or interagency entity.

SEC. 5. PERMITTED TAKING OF GRIZZLY BEARS.

    (a) In General.--The Secretary may issue a permit in accordance 
with this section authorizing the taking, possession, or transportation 
of a grizzly bear, or any part thereof, that is otherwise prohibited by 
section 3.
    (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 
        transportation 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 
        transportation is an allowable taking, possession, or 
        transportation under subsection (c).
    (c) Allowable Takings, Possessions, or Transports.--For the purpose 
of subsection (b)(3), an allowable taking, possession, or 
transportation 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 Committee and each 
                        federally recognized Indian Tribe identified in 
                        the report required under section 8(a)(2), that 
                        the grizzly bear cannot be relocated to 
                        support--
                                    (I) efforts under section 8 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, the Interagency Grizzly Bear Committee, or any 
relevant subcommittee thereof.
    (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 transportation; and
            (2) the provisions of this Act.

SEC. 6. LIVESTOCK LOSS PREVENTION.

    The Omnibus Public Land Management Act of 2009 (Public Law 111-11; 
7 U.S.C. 8351 note) is amended--
            (1) in section 6202 (7 U.S.C. 8351 note)--
                    (A) in the heading of such section, by inserting 
                ``and grizzly bear'' after ``wolf'';
                    (B) in subsection (a)--
                            (i) by striking ``5-year''; and
                            (ii) in paragraph (1), by inserting ``and 
                        grizzly bears'' after ``wolves''; and
                    (C) in subsection (b)(2)(A), by inserting ``and 
                grizzly bears'' after ``wolves''; and
            (2) in section 6203 (7 U.S.C. 8351 note), by striking 
        ``$1,000,000 for fiscal year 2009'' and inserting ``$5,000,000 
        for fiscal year 2020''.

SEC. 7. 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 Committee; and
            (2) any 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 such 
        Indian Tribe;
            (2) shall be carried out through cooperative management 
        agreements between the Secretary, the Secretary of Agriculture, 
        and such Indian Tribe; and
            (3) may, at the option of such Indian Tribe, be entered 
        into under the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 5301 et seq.).

SEC. 8. REINTRODUCTION OF GRIZZLY BEARS ON TRIBAL LAND.

    (a) Public Report Required.--
            (1) Study.--The Committee, 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 Committee shall make publicly 
        available on the Department's website 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. 
The Secretary shall notify the Governor of any State that is 
conterminous with any such Tribal land at the time such notice is 
provided to such Indian Tribe.
    (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 such 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 Committee;
            (2) the traditional ecological knowledge of the respective 
        federally recognized Indian Tribe; and
            (3) Secretarial Order 3342, issued by the Secretary on the 
        Interior on 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. 9. 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 or the Committee 
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;
            (2) located within the historical range of the grizzly bear 
        pre-Lewis and Clark Expedition; and
            (3) identified in the report required under section 8(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''.
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