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II
116TH CONGRESS
1ST SESSION
S. 1768
To clarify that noncommercial species found entirely within the borders of
a single State are not in interstate commerce or subject to regulation
under the Endangered Species Act of 1973 or any other provision of
law enacted as an exercise of the power of Congress to regulate interstate
commerce.
IN THE SENATE OF THE UNITED STATES
JUNE 10, 2019
Mr. LEE introduced the following bill; which was read twice and referred to
the Committee on Environment and Public Works
A BILL
To clarify that noncommercial species found entirely within
the borders of a single State are not in interstate com-
merce or subject to regulation under the Endangered
Species Act of 1973 or any other provision of law en-
acted as an exercise of the power of Congress to regulate
interstate commerce.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Native Species Protec-
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tion Act’’.
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S 1768 IS
SEC. 2. TREATMENT OF INTRASTATE SPECIES.
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(a) DEFINITION OF INTRASTATE SPECIES.—In this
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Act, the term ‘‘intrastate species’’ means any species of
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plant or fish or wildlife (as those terms are defined in sec-
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tion 3 of the Endangered Species Act of 1973 (16 U.S.C.
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1532)) that is—
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(1) found entirely within the borders of a single
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State; and
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(2) not part of a national market for any com-
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modity.
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(b) TREATMENT.—An intrastate species shall not
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be—
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(1) considered to be in interstate commerce;
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and
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(2) subject to regulation under—
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(A) the Endangered Species Act of 1973
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(16 U.S.C. 1531 et seq.); or
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(B) any other provision of law under which
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regulatory authority is based on the power of
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Congress to regulate interstate commerce as
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enumerated in article I, section 8, clause 3 of
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the Constitution of the United States.
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Æ
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