Tribal Heritage and Grizzly Bear Protection Act

I 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 juris- diction of the committee concerned A BILL To protect grizzly bear populations, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Tribal Heritage and 4 Grizzly Bear Protection Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) GRIZZLY BEAR.—The term ‘‘grizzly bear’’ 8 means a member of the subspecies Ursus arctos 9 horribilis. 10 VerDate Sep 11 2014 23:00 May 20, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2532.IH H2532 tkelley on DSKBCP9HB2PROD with BILLS 2 •HR 2532 IH (2) HISTORICAL RANGE OF THE GRIZZLY 1 BEAR.—The term ‘‘historical range of the grizzly 2 bear’’ means the range determined by the Com- 3 mittee using the best available scientific and histor- 4 ical information. 5 (3) SECRETARY.—The term ‘‘Secretary’’ means 6 the Secretary of the Interior. 7 (4) TAKE.—The term ‘‘take’’ means to harass, 8 harm, pursue, hunt, shoot, wound, kill, trap, cap- 9 ture, or collect, or to attempt to engage in any such 10 conduct. 11 (5) TRIBAL LAND.—The term ‘‘Tribal land’’ 12 means— 13 (A) land located within the boundaries of 14 an Indian reservation, pueblo, or rancheria; 15 (B) land not located within the boundaries 16 of an Indian reservation, pueblo, or rancheria, 17 title to which is held— 18 (i) in trust by the United States for 19 benefit of an Indian Tribe or an individual 20 Indian; 21 (ii) by an Indian Tribe or an indi- 22 vidual Indian, subject to restriction against 23 alienation under laws of the United States; 24 or 25 VerDate Sep 11 2014 23:00 May 20, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2532.IH H2532 tkelley on DSKBCP9HB2PROD with BILLS 3 •HR 2532 IH (iii) by a dependent Indian commu- 1 nity; 2 (C) land that is owned by an Indian Tribe 3 and was conveyed by the United States to a 4 Native Corporation pursuant to the Alaska Na- 5 tive Claims Settlement Act (43 U.S.C. 1601 et 6 seq.) or that was conveyed by the United States 7 to a Native Corporation in exchange for such 8 land; and 9 (D) areas where Indian Tribes have re- 10 served treaty rights lands. 11 (6) COMMITTEE.—The term ‘‘Committee’’ 12 means the Grizzly Bear Scientific Committee. 13 SEC. 3. PROTECTION OF GRIZZLY BEARS. 14 (a) PROHIBITED ACTS.—Except as provided in sec- 15 tion 5, it is unlawful for any person— 16 (1) to take, possess, or transport a grizzly bear, 17 or any part thereof; 18 (2) to violate any condition of a permit issued 19 under section 5; or 20 (3) to violate any regulation issued by the Sec- 21 retary pursuant to this Act. 22 (b) NONAPPLICATION.—This Act shall not apply to— 23 (1) a grizzly bear, or any part thereof, in a pop- 24 ulation that is listed as a threatened species or an 25 VerDate Sep 11 2014 23:00 May 20, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2532.IH H2532 tkelley on DSKBCP9HB2PROD with BILLS 4 •HR 2532 IH endangered species under section 4 of the Endan- 1 gered Species Act of 1973 (16 U.S.C. 1533); 2 (2) a grizzly bear, or any part thereof, taken, 3 possessed, or transported in the State of Alaska; or 4 (3) a taking that is imminently necessary for 5 self-defense or to save the life of a person in imme- 6 diate danger. 7 (c) CIVIL PENALTY.— 8 (1) KNOWING VIOLATION.—Any person who 9 knowingly violates subsection (a) may be assessed a 10 civil penalty by the Secretary described in the first 11 sentence of section 11(a)(1) of the Endangered Spe- 12 cies Act of 1973 (16 U.S.C. 1540(a)(1)) as if such 13 person knowingly violated a provision of such Act. 14 (2) UNKNOWING VIOLATION.—Any person who, 15 other than knowingly, violates subsection (a) may be 16 assessed a civil penalty by the Secretary described in 17 the third sentence of section 11(a)(1) of the Endan- 18 gered Species Act of 1973 (16 U.S.C. 1540(a)(1)) 19 as if such person otherwise violated a provision of 20 such Act. 21 (d) CRIMINAL PENALTY.—Any person who knowingly 22 violates subsection (a) shall, upon conviction, be punished 23 in the same manner as a person who commits a violation 24 punishable under the first sentence of section 11(b)(1) of 25 VerDate Sep 11 2014 23:00 May 20, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2532.IH H2532 tkelley on DSKBCP9HB2PROD with BILLS 5 •HR 2532 IH the Endangered Species Act of 1973 (16 U.S.C. 1 1540(b)(1)). 2 (e) CANCELLATION OF GRAZING AUTHORIZA- 3 TIONS.—Any lease, license, permit, or agreement issued 4 by the head of any Federal agency to a person authorizing 5 the grazing of domestic livestock on Federal lands shall 6 have no force or effect upon the conviction of such person 7 of a violation of subsection (a). The United States shall 8 not be liable for the payment of any compensation, reim- 9 bursement, or damages in connection with the cancellation 10 of any lease, license, permit, or agreement pursuant to this 11 subsection. 12 SEC. 4. ESTABLISHMENT OF GRIZZLY BEAR SCIENTIFIC 13 COMMITTEE. 14 (a) ESTABLISHMENT.—Not later than 90 days after 15 the date of the enactment of the Tribal Heritage and Griz- 16 zly Bear Protection Act, the Secretary shall establish the 17 Grizzly Bear Scientific Committee (‘‘the Committee’’), in 18 accordance with subsection (b) below, to carry out the ex- 19 pert consultations and scientific studies specified by this 20 Act. The Secretary shall establish 6 regions within the 21 Grizzly Bear Scientific Committee as follows: 22 (1) The North Cascades Ecosystem Region 23 shall consist of Washington. 24 VerDate Sep 11 2014 23:00 May 20, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2532.IH H2532 tkelley on DSKBCP9HB2PROD with BILLS 6 •HR 2532 IH (2) The Selkirk Mountains Ecosystem Region 1 shall consist of Idaho and Washington. 2 (3) The Cabinet Yaak Ecosystem Region shall 3 consist of Montana and Idaho. 4 (4) The Northern Continental Divide Eco- 5 system Region shall consist of Montana. 6 (5) The Bitterroot Recovery Ecosystem Region 7 shall consist of Idaho and Montana. 8 (6) The Greater Yellowstone Ecosystem Region 9 shall consist of Wyoming, Idaho, and Montana. 10 (b) MEMBERSHIP.—The Committee shall be com- 11 posed of the following members: 12 (1) REGIONAL REPRESENTATION.—Each of the 13 regions listed in paragraphs (1) through (6) of sub- 14 section (a) shall be represented on the Committee by 15 2 members— 16 (A) who are appointed by the Secretary; 17 (B) who reside in a State or territory in 18 the region that the member will represent; and 19 (C) of whom— 20 (i) one shall be a Tribal representa- 21 tive; and 22 (ii) one shall be an individual who 23 represents the scientific community. 24 VerDate Sep 11 2014 23:00 May 20, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2532.IH H2532 tkelley on DSKBCP9HB2PROD with BILLS 7 •HR 2532 IH (2) AT-LARGE MEMBERS.—The Secretary shall 1 appoint as at-large members of the Committee at 2 least one scientific expert representative from each 3 of the following designated by the expert’s own agen- 4 cy: 5 (A) The Fish and Wildlife Service. 6 (B) The National Park Service. 7 (C) The Forest Service. 8 (D) The Bureau of Land Management. 9 (E) The Bureau of Indian Affairs. 10 (F) The United States Geological Survey. 11 (c) DETERMINATIONS TO BE MADE ON BASIS OF 12 BEST AVAILABLE SCIENCE.—Determinations by the Com- 13 mittee pursuant to this Act shall be made solely on the 14 basis of the best available science. 15 (d) NO REPLACEMENT OF EXISTING ENTITIES.— 16 (1) The establishment of the Committee shall 17 not replace any existing Federal or interagency com- 18 mittee, task force, or study team. 19 (2) The functions of the Committee shall be 20 limited to those mandated by this Act and shall not 21 replace, repeal, or subsume any authority or func- 22 tion delegated to any other Federal or interagency 23 entity. 24 VerDate Sep 11 2014 23:00 May 20, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2532.IH H2532 tkelley on DSKBCP9HB2PROD with BILLS 8 •HR 2532 IH SEC. 5. PERMITTED TAKING OF GRIZZLY BEARS. 1 (a) IN GENERAL.—The Secretary may issue a permit 2 in accordance with this section authorizing the taking, 3 possession, or transportation of a grizzly bear, or any part 4 thereof, that is otherwise prohibited by section 3. 5 (b) CONDITIONS.—The Secretary may issue a permit 6 under this section only if the Secretary has— 7 (1) investigated the circumstances that gave 8 rise to the permit application; 9 (2) determined that such taking, possession, or 10 transportation is compatible with the protection of 11 the grizzly bear species or a population of grizzly 12 bears occupying a geographically distinct area; and 13 (3) determined that such taking, possession, or 14 transportation is an allowable taking, possession, or 15 transportation under subsection (c). 16 (c) ALLOWABLE TAKINGS, POSSESSIONS, OR TRANS- 17 PORTS.—For the purpose of subsection (b)(3), an allow- 18 able taking, possession, or transportation is any of the fol- 19 lowing: 20 (1) SCIENTIFIC OR EXHIBITION PURPOSES.— 21 Taking, possessing, or transporting a grizzly bear, 22 or any part thereof, for the scientific or exhibition 23 purposes of a— 24 (A) public museum; 25 (B) scientific society; or 26 VerDate Sep 11 2014 23:00 May 20, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2532.IH H2532 tkelley on DSKBCP9HB2PROD with BILLS 9 •HR 2532 IH (C) zoological park that is accredited by 1 the Association of Zoos and Aquariums. 2 (2) RELIGIOUS PURPOSES OF FEDERALLY REC- 3 OGNIZED INDIAN TRIBE.—Taking, possessing, or 4 transporting a grizzly bear, or any part thereof, for 5 the religious purposes of a federally recognized In- 6 dian Tribe. 7 (3) PROTECTION OF AGRICULTURAL INTERESTS 8 OR PUBLIC SAFETY.— 9 (A) IN GENERAL.—Subject to subpara- 10 graph (B), taking, possessing, or transporting a 11 grizzly bear, or any part thereof, during such 12 time period and in such location as the Sec- 13 retary determines to be necessary to protect ag- 14 ricultural interests or public safety in such loca- 15 tion. 16 (B) REQUIREMENTS FOR TAKING.—Before 17 making a determination under subparagraph 18 (A) with respect to a taking— 19 (i) the Governor of the State in which 20 the taking will occur must request, in writ- 21 ing, that the Secretary make such deter- 22 mination; 23 (ii) the Secretary must conclude that 24 nonlethal deterrents have been used in 25 VerDate Sep 11 2014 23:00 May 20, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2532.IH H2532 tkelley on DSKBCP9HB2PROD with BILLS 10 •HR 2532 IH such location and proven ineffective to 1 mitigate the threat of the grizzly bear to 2 agricultural interests or public safety; and 3 (iii) the Secretary must determine, in 4 consultation with the Committee and each 5 federally recognized Indian Tribe identified 6 in the report required under section 7 8(a)(2), that the grizzly bear cannot be re- 8 located to support— 9 (I) efforts under section 8 to re- 10 introduce grizzly bears on Tribal land; 11 or 12 (II) recovery efforts for a grizzly 13 bear population listed as a threatened 14 species or an endangered species 15 under section 4 of the Endangered 16 Species Act of 1973 (16 U.S.C. 17 1533). 18 (d) NO PERMITS FOR TAKINGS THAT WOULD EX- 19 CEED MORTALITY LIMIT.—The Secretary may not issue 20 a permit under this section for the taking of a grizzly bear 21 if such taking would cause the total mortality for any pop- 22 ulation or subpopulation of grizzly bears to exceed the sci- 23 entifically recommended limit determined by the Inter- 24 VerDate Sep 11 2014 23:00 May 20, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2532.IH H2532 tkelley on DSKBCP9HB2PROD with BILLS 11 •HR 2532 IH agency Grizzly Bear Study Team, the Interagency Grizzly 1 Bear Committee, or any relevant subcommittee thereof. 2 (e) SPORT HUNTING.—Nothing in this section may 3 be construed to allow sport hunting of grizzly bears. 4 (f) NONALIENABILITY.—A person who has been 5 issued a permit under this section may not sell, transfer, 6 assign, or otherwise alienate the authority granted to such 7 person by such permit. 8 (g) CONDUCT REQUIREMENTS.—Taking, possessing, 9 or transporting a grizzly bear, or any part thereof, under 10 this Act shall be conducted in a manner consistent with— 11 (1) the conditions of the permit authorizing 12 such taking, possession, or transportation; and 13 (2) the provisions of this Act. 14 SEC. 6. LIVESTOCK LOSS PREVENTION. 15 The Omnibus Public Land Management Act of 2009 16 (Public Law 111–11; 7 U.S.C. 8351 note) is amended— 17 (1) in section 6202 (7 U.S.C. 8351 note)— 18 (A) in the heading of such section, by in- 19 serting ‘‘AND GRIZZLY BEAR’’ after ‘‘WOLF’’; 20 (B) in subsection (a)— 21 (i) by striking ‘‘5-year’’; and 22 (ii) in paragraph (1), by inserting 23 ‘‘and grizzly bears’’ after ‘‘wolves’’; and 24 VerDate Sep 11 2014 23:00 May 20, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2532.IH H2532 tkelley on DSKBCP9HB2PROD with BILLS 12 •HR 2532 IH (C) in subsection (b)(2)(A), by inserting 1 ‘‘and grizzly bears’’ after ‘‘wolves’’; and 2 (2) in section 6203 (7 U.S.C. 8351 note), by 3 striking ‘‘$1,000,000 for fiscal year 2009’’ and in- 4 serting ‘‘$5,000,000 for fiscal year 2020’’. 5 SEC. 7. CONSULTATION WITH INDIAN TRIBES. 6 (a) CONSULTATION REQUIRED BEFORE ISSUING 7 PERMIT.—Before issuing a permit under this Act that au- 8 thorizes an activity to be carried out on the Tribal land 9 of a federally recognized Indian Tribe, the Secretary shall 10 consult with such federally recognized Indian Tribe. 11 (b) CONSULTATION REQUIRED BEFORE TAKING 12 MAJOR FEDERAL ACTION.—Before taking any Federal 13 action that may negatively impact grizzly bear habitat or 14 increase grizzly bear mortality the Secretary or the Sec- 15 retary of Agriculture, respectively, shall consult with— 16 (1) the Committee; and 17 (2) any relevant federally recognized Indian 18 Tribe. 19 (c) REQUIREMENT.—Any consultation conducted 20 with a federally recognized Indian Tribe under this sec- 21 tion— 22 (1) shall be meaningful and be conducted within 23 a framework developed with the free, [Text truncated for display. Full text available on Congress.gov.]