[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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