[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2571 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2571

  To provide for determination of the grizzly bear species consistent 
    with the Endangered Species Act of 1973, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2023

   Mr. Risch (for himself, Mr. Crapo, and Ms. Lummis) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To provide for determination of the grizzly bear species consistent 
    with the Endangered Species Act of 1973, 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 ``Grizzly Bear Review and Resource 
Restart Act of 2023''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the entity of grizzly bear (Ursus arctos horribilis) in 
        the conterminous lower 48 States of the United States, included 
        on the List of Endangered and Threatened Wildlife under section 
        17.11(h) of title 50, Code of Federal Regulations (or a 
        successor regulation), is not a species (as defined in section 
        3 of the Endangered Species Act of 1973 (16 U.S.C. 1532)), a 
        threatened species (as defined in that section), an endangered 
        species (as defined in that section), a taxonomic species, a 
        taxonomic subspecies, or a distinct population segment that 
        interbreeds when mature, and should not be subject to the 
        protections of the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.);
            (2) removal of protections for the entity of grizzly bear 
        (Ursus arctos horribilis) in the conterminous lower 48 States 
        of the United States under the Endangered Species Act of 1973 
        (16 U.S.C. 1531 et seq.), when those protections are 
        inconsistent with that Act or otherwise unnecessary, supports 
        prioritization of Federal conservation actions and resources 
        for species in much greater need of protections under that Act; 
        and
            (3) continuing protections under the Endangered Species Act 
        of 1973 (16 U.S.C. 1531 et seq.) for the entity of grizzly bear 
        (Ursus arctos horribilis) in the conterminous lower 48 States 
        of the United States to not later than the date that is 2 years 
        after the date of enactment of this Act provides adequate time 
        for the Secretary of the Interior (referred to in this Act as 
        the ``Secretary'') to determine, by regulation promulgated in 
        accordance with section 4(a) of that Act (16 U.S.C. 1533(a)), 
        whether any distinct population segment of grizzly bear that 
        interbreeds when mature is an endangered species or a 
        threatened species that should be added to the List of 
        Endangered and Threatened Wildlife pursuant to that Act.

SEC. 3. DETERMINATION OF GRIZZLY BEAR SPECIES UNDER THE ENDANGERED 
              SPECIES ACT OF 1973.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall remove the entity of grizzly bear 
(Ursus arctos horribilis) in the conterminous lower 48 States of the 
United States and the associated entity of grizzly bear (Ursus arctos 
horribilis) in portions of the States of Idaho and Montana listed as an 
experimental population from the List of Endangered and Threatened 
Wildlife under section 17.11(h) of title 50, Code of Federal 
Regulations (or a successor regulation).
    (b) Effect on Other Determinations.--Nothing in this Act limits the 
ability of the Secretary to make future determinations of threatened 
species or endangered species, by regulation promulgated in accordance 
with section 4(a) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(a)), for any distinct population segment of brown bear (Ursus 
arctos) that interbreeds when mature, including any distinct population 
segment of grizzly bear (Ursus arctos horribilis) or other brown bear 
subspecies, subject to the conditions that the Secretary shall not--
            (1) add any distinct population segment of grizzly bear 
        (Ursus arctos horribilis) to the List of Endangered and 
        Threatened Wildlife under section 17.11(h) of title 50, Code of 
        Federal Regulations (or a successor regulation), unless the 
        Secretary identifies objective, measurable criteria that, when 
        met, would result in a determination that the distinct 
        population segment be removed from the list; and
            (2) be required to designate critical habitat for a 
        distinct population segment of grizzly bear (Ursus arctos 
        horribilis) described in paragraph (1).
    (c) Delisting Process for Distinct Population Segments.--If the 
Secretary identifies a distinct population segment of grizzly bear 
(Ursus arctos horribilis) in the conterminous lower 48 States of the 
United States that has met the established recovery criteria for that 
distinct population segment, the Secretary shall initiate the process 
to remove that distinct population segment from the List of Endangered 
and Threatened Wildlife under section 17.11(h) of title 50, Code of 
Federal Regulations (or a successor regulation).
    (d) No Judicial Review.--The removal of the entity of grizzly bear 
(Ursus arctos horribilis) in the conterminous lower 48 States of the 
United States and the associated entity of grizzly bear (Ursus arctos 
horribilis) in portions of the States of Idaho and Montana listed as an 
experimental population from the List of Endangered and Threatened 
Wildlife under section 17.11(h) of title 50, Code of Federal 
Regulations (or a successor regulation), pursuant to subsection (a) 
shall not be subject to judicial review.
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