118 S2571 IS: Grizzly Bear Review and Resource Restart Act of 2023 U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 2571IN THE SENATE OF THE UNITED STATESJuly 27, 2023Mr. 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 WorksA BILLTo provide for determination of the grizzly bear species consistent with the Endangered Species Act of 1973, and for other purposes.

1.

Short title

This Act may be cited as the Grizzly Bear Review and Resource Restart Act of 2023.

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.

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.