No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9695 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9695
To support Tribal co-stewardship, restore and protect bison, grizzly
bear, and wolf populations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 19, 2024
Mr. Grijalva 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 support Tribal co-stewardship, restore and protect bison, grizzly
bear, and wolf 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 American Bison,
Grizzly Bear, and Wolf Restoration and Coexistence Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the American bison, the grizzly bear, and the wolf--
(A) are iconic species that have important cultural
significance to Indigenous peoples of North America;
(B) play critical roles in maintaining ecosystem
health and resilience; and
(C) have been hunted to the point of eradication
from large parts of the historical range of those
species throughout most of the continental United
States;
(2) the reduction or elimination of bison, grizzly bears,
and wolves from the historical range of those species
compromises the ecological integrity of ecosystems;
(3) the people of the United States support coexistence
approaches to manage bison, grizzly bears, and wolves on the
landscape as a public trust;
(4) many recovery efforts are restoring bison, grizzly
bears, and wolves to suitable habitat within the historical
range of those species in the continental United States, but
more is needed to ensure that those species regain a firm
foothold with long term protection against eradication efforts
due to intolerance and fragmentation of key habitat; and
(5) this Act builds on the success of the Act of June 8,
1940 (54 Stat. 250, chapter 278; 16 U.S.C. 668 et seq.)
(commonly known as the ``Bald and Golden Eagle Protection
Act''), the Marine Mammal Protection Act of 1972 (16 U.S.C.
1361 et seq.), and the National Bison Legacy Act (36 U.S.C.
note prec. 301; Public Law 114-152) by providing essential
Federal protections for bison, grizzly bears, and wolves.
SEC. 3. DEFINITIONS.
In this Act:
(1) Best available science.--
(A) In general.--The term ``best available
science'' means scientific findings that--
(i) were reviewed by independent, anonymous
peers and published in a journal that--
(I) is indexed in Web of Science
(or a successor platform); and
(II) subscribes to the Committee on
Publication Ethics (or a successor
organization);
(ii) are reproducible; and
(iii) have not been rebutted by 2 or more
independent scientific teams whose rebuttals
are published in accordance with clauses (i)
and (ii).
(B) Reproducible.--For purposes of subparagraph
(A)(ii), the term ``reproducible'' means that the
results are capable of being replicated and the data,
methods, and results are shared transparently in the
journal that published the scientific findings.
(C) Rebuttal.--For purposes of subparagraph
(A)(iii), the term ``rebuttal'' includes--
(i) re-analysis using more robust
statistical design;
(ii) failed efforts at replication; and
(iii) demonstrations that the methods are
impossible to replicate.
(2) Bison.--The term ``bison'' means a member of the
species Bison bison.
(3) Committee.--The term ``Committee'' means a committee
established under section 5(a).
(4) Covered species.--The term ``covered species'', as
applicable, means bison, grizzly bears, and wolves.
(5) Grizzly bear.--The term ``grizzly bear'' means a member
of the species Ursus arctos horribilis.
(6) Historical range.--The term ``historical range'', with
respect to a covered species, means the range of a covered
species, as determined by the Committee using the best
available scientific and historical information.
(7) Nonlethal measure.--The term ``nonlethal measure''
means an activity designed to minimize attractants or scare
away or deter a bison, grizzly bear, or wolf without wounding,
restraining, or trapping the bison, grizzly bear, or wolf.
(8) Public land.--The term ``public land'' means land
managed by the Bureau of Land Management.
(9) Scientific society.--The term ``scientific society''
means an organization--
(A) the mission of which is dedicated to 1 or more
sciences;
(B) that is explicitly nonpartisan;
(C) the members of which are scientists; and
(D) the officers and staff of which do not engage
in lobbying or other actions prohibited to
organizations described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of that Code.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(11) Take.--
(A) In general.--The term ``take'' means to harass,
pursue, hunt, shoot, wound, kill, trap, capture, or
collect, or to attempt to engage in any such conduct.
(B) Exclusion.--The term ``take'' does not include
the use of nonlethal measures to protect agricultural
interests or public safety.
(12) Tribal land.--The term ``Tribal land'' means--
(A) land located within the boundaries of an Indian
reservation, pueblo, or rancheria; and
(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 a federally recognized Indian Tribe
or an individual Indian;
(ii) by a federally recognized Indian Tribe
or an individual Indian, subject to restriction
against alienation under laws of the United
States; or
(iii) by a dependent Indian community.
(13) Wolf.--The term ``wolf'' means a member of the species
Canis lupus or Canis rufus, or their wild hybrids.
SEC. 4. PROTECTION OF BISON, GRIZZLY BEARS, AND WOLVES.
(a) Prohibited Acts.--Subject to subsection (b), it is unlawful for
any person--
(1) to take, possess, purchase, sell, or transport a
covered species, or any product or part thereof;
(2) to violate any condition of a permit issued under
section 6(a); or
(3) to violate any regulation issued by the Secretary
pursuant to this Act.
(b) Exceptions.--Subsection (a) shall not apply to--
(1) captive-bred bison intended for human consumption;
(2) a taking that is based on a good faith belief that the
taking is imminently necessary for self-defense or to prevent
serious injury or save the life of a person in immediate
danger, as determined by the Secretary;
(3) taking, possessing, purchasing, selling, or
transporting a covered species, or any product or part thereof,
for the religious, cultural, and treaty reserved purposes of a
federally recognized Indian Tribe; or
(4) possessing, purchasing, selling, or transporting a
product or part of a covered species if the product or part was
in existence before the date of enactment of this Act.
(c) Civil Penalties.--
(1) In general.--Subject to the requirements of paragraph
(2), any person who violates subsection (a) may be assessed a
civil penalty by the Secretary of not more than $25,000 for
each violation.
(2) Hearing and notice.--The Secretary may not assess a
penalty under paragraph (1) unless the Secretary gives the
person notice and an opportunity for a hearing with respect to
the violation.
(3) Failure to pay.--
(A) Civil action authorized.--
(i) In general.--On failure to pay a
penalty assessed under paragraph (1), the
Secretary may request the Attorney General to
institute a civil action in a district court of
the United States for any district in which the
person is found, resides, or transacts business
to collect the penalty.
(ii) Jurisdiction.--The district court of
the United States in which an action is brought
under clause (i) shall have jurisdiction to
hear and decide the action.
(B) Deference to secretary.--In any action brought
under subparagraph (A)(i), the applicable district
court of the United States shall sustain the
determination of the Secretary to assess a penalty
under paragraph (1) if that determination is supported
by substantial evidence.
(d) Criminal Penalties.--
(1) In general.--
(A) First violation.--Any person who knowingly
violates subsection (a) shall be fined not more than
$50,000, imprisoned not more than 1 year, or both.
(B) Subsequent violations.--In the case of a second
or subsequent violation of subsection (a), a person
shall be fined not more than $75,000, imprisoned not
more than 2 years, or both.
(C) Separate offense.--Each violation of subsection
(a) is a separate offense.
(2) Payment of fine to informants.--\1/2\ of the amount of
each fine assessed under subparagraph (A) or (B) of paragraph
(1) shall be paid to any person that gives information leading
to a conviction under this subsection.
(3) Clarification.--In a prosecution under this subsection
for a violation of subsection (a), the Federal Government shall
not be required to prove that the violator knew that the animal
taken was a covered species.
(e) Cancellation of Grazing Authorizations.--
(1) In general.--Any lease, license, permit, or agreement
issued by the head of a Federal agency to a person authorizing
the grazing of domestic livestock on Federal land shall be
cancelled on the conviction of the person in an action brought
under subsection (d)(1).
(2) No liability of united states.--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 under paragraph
(1).
(f) Donation of Grazing Permits and Leases.--
(1) In general.--Beginning in fiscal year 2025, the
Secretary, with respect to public land, and the Secretary of
Agriculture, with respect to National Forest System land
(referred to in this subsection as the ``Secretary
concerned''), shall accept the donation of any valid existing
leases or permits authorizing grazing on public land or
National Forest System land, as applicable, for the purpose of
reducing conflicts between permitted livestock and covered
species.
(2) Termination.--With respect to each permit or lease
donated under paragraph (1), the Secretary concerned shall--
(A) terminate the grazing permit or lease; and
(B) except as provided in paragraph (3), ensure a
permanent end to grazing on the public land or National
Forest System land, as applicable, covered by the
permit or lease.
(3) Common allotments.--If land covered by a permit or
lease donated under paragraph (1) is also covered by another
valid grazing permit or lease that is not donated under that
paragraph, the Secretary concerned shall not allow the total
grazing use on the land to exceed the average actual grazing
use under the other valid grazing permit or lease for the 5-
year period preceding the date on which the permit or lease is
donated under that paragraph.
SEC. 5. ESTABLISHMENT OF BISON, GRIZZLY BEAR, AND WOLF RESTORATION AND
COEXISTENCE COMMITTEES.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish 3 committees, 1
for each covered species, to carry out the requirements of this Act.
(b) Membership.--Each Committee shall be composed of members, to be
appointed by the Secretary, in accordance with the following:
(1) Regional representation of federally recognized indian
tribes.--Each region of each Committee, as described in
subsection (c), shall include 3 members of federally recognized
Indian Tribes, to be nominated by those federally recognized
Indian Tribes, based on criteria that gives preference to
individuals who would represent Tribal land or a usual and
accustomed area where a federally recognized Indian Tribe has
treaty reserved rights on Federal land that is--
(A) inhabited by a covered species;
(B) located within the historical range of the
covered species; or
(C) identified in the report required under section
8(a)(1)(B) as suitable to support populations of the
covered species.
(2) At-large members.--Each Committee shall include 8 at-
large members, which shall be composed of 1 scientific expert
representative from each of the following Federal and State
agencies (designated by the applicable agency):
(A) The United States Fish and Wildlife Service.
(B) The National Park Service.
(C) The Forest Service.
(D) The Animal and Plant Health Inspection Service
of the Department of Agriculture.
(E) The Bureau of Land Management.
(F) The Bureau of Indian Affairs.
(G) The United States Geological Survey.
(H) A State wildlife agency with expertise in
successful coexistence and restoration efforts for the
covered species.
(3) Regional nongovernmental representatives.--Each
Committee shall include 3 nongovernmental representatives
with--
(A) established regional scientific expertise from
regions that are key historic habitats of the covered
species; and
(B) expertise in wildlife restoration and
coexistence efforts with respect to the covered
species.
(c) Establishment of Regions.--The Secretary shall establish 8
regions within each Committee, which shall correspond to the following
geographic regions of the United States Fish and Wildlife Service:
(1) Pacific.
(2) Southwest.
(3) Midwest.
(4) Southeast.
(5) Northeast.
(6) Mountain-Prairie.
(7) Alaska.
(8) Pacific Southwest.
(d) Determinations To Be Made on Basis of Best Available Science
and Methodology.--Determinations made by a Committee pursuant to this
Act shall be solely based on the best available science and
methodology.
(e) No Replacement of Existing Entities.--
(1) In general.--The establishment of a Committee shall not
replace any existing Federal or interagency committee, task
force, or study team.
(2) Limitations.--The functions of a Committee--
(A) shall be limited to those provided by this Act;
and
(B) shall not replace, repeal, or subsume any
authority or function delegated to any other Federal or
interagency committee, task force, or study team.
(f) Implementation of Depredation and Coexistence Grant Programs.--
Notwithstanding any other provision of law, each Committee shall--
(1) review applications for assistance under the grant
program established under subsection (b) of section 102 of
America's Conservation Enhancement Act (7 U.S.C. 8355); and
(2) make award recommendations to the Secretaries (as
defined in subsection (a) of that section) with respect to
those applications.
SEC. 6. PERMITTED TAKING OF BISON, GRIZZLY BEARS AND WOLVES.
(a) In General.--The Secretary may issue a permit in accordance
with this section authorizing the taking, possession, or transportation
of a covered species, or any product or part thereof, that is otherwise
prohibited by section 4(a).
(b) Conditions.--The Secretary may issue a permit under subsection
(a) only if the Secretary has--
(1) investigated the circumstances that gave rise to the
permit application; and
(2) determined that the taking, possession, or
transportation is an allowable taking, possession, or
transportation under subsection (c).
(c) Allowable Takings, Possessions, or Transports.--Subject to
subsection (d), for purposes of subsection (b)(2), an allowable taking,
possession, or transportation is any of the following:
(1) Scientific or conservation purposes.--Taking,
possessing, or transporting a covered species, or any product
or part thereof, for scientific purposes, to rehabilitate an
injured animal, or to enhance the propagation or survival of
the covered species, by a--
(A) public museum;
(B) scientific society;
(C) wildlife sanctuary, preserve, or rehabilitation
facility; or
(D) zoological park that is accredited by the
Association of Zoos and Aquariums.
(2) Bison population control.--
(A) In general.--Subject to subparagraph (B),
taking of bison to control overpopulation in a specific
geographic area, as determined necessary by the
Secretary.
(B) Requirements.--Prior to making a determination
under subparagraph (A) with respect to a taking of a
bison, the Secretary shall determine, in consultation
with the applicable Committee, that the bison cannot be
relocated to support efforts under section 8 to
reintroduce bison on--
(i) Tribal land; or
(ii) usual and accustomed areas where
federally recognized Indian Tribes have treaty
reserved rights on Federal land.
(3) Protection of agricultural interests or public
safety.--
(A) In general.--Subject to subparagraph (B),
taking of a grizzly bear or wolf during such time and
in such location as the Secretary determines to be
essential to protect agricultural interests or public
safety in the location.
(B) Requirements for taking.--Prior to making a
determination under subparagraph (A) with respect to a
taking--
(i) the Governor of the State in which the
taking will occur shall request, in writing,
that the Secretary make the determination;
(ii) the Secretary shall conclude that
situationally appropriate nonlethal measures
have been consistently used in the location and
proven ineffective to mitigate the threat of
the covered species to agricultural interests
or public safety; and
(iii) the Secretary shall determine, in
consultation with the applicable Committee,
that, for any grizzly bear or wolf which poses
a threat to agricultural interests, the grizzly
bear or wolf cannot be relocated to support--
(I) efforts under section 8 to
reintroduce grizzly bears and wolves
on--
(aa) Tribal land; or
(bb) usual and accustomed
areas where federally
recognized Indian Tribes have
treaty reserved rights on
Federal land; or
(II) recovery efforts for the
populations of the covered species
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 subsection (a) for an allowable
use described in subsection (c)(1) if the taking of the covered species
would cause the total mortality for any population or subpopulation of
the covered species to exceed the scientifically recommended limit, as
determined by the applicable Committee.
(e) Nonalienability.--Any person issued a permit under subsection
(a) may not sell, transfer, assign, or otherwise alienate the authority
granted to the person by the permit.
(f) Conduct Requirements.--Taking, possessing, or transporting a
covered species, or any product or part thereof, with a permit issued
under subsection (a) shall be conducted in a manner consistent with the
conditions of that permit.
(g) Permits Issued Under the ESA.--A permit issued under section
10(a) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)) for a
covered species shall be treated as a permit issued under subsection
(a).
SEC. 7. CONSULTATION WITH FEDERALLY RECOGNIZED INDIAN TRIBES.
(a) Consultation Required Before Issuing Permit.--Before issuing a
permit under section 6(a) that authorizes an activity to be carried out
on the Tribal land of a federally recognized Indian Tribe or on usual
and accustomed areas where federally recognized Indian Tribes have
treaty reserved rights on Federal land, the Secretary shall consult
with the applicable federally recognized Indian Tribe.
(b) Consultation Required Before Taking Major Federal Action.--
Before taking any major Federal action that may negatively impact
covered species habitat or increase covered species mortality, a
Federal agency shall consult with--
(1) the applicable Committee; and
(2) any federally recognized Indian Tribe--
(A) the Tribal land of which may be impacted by the
Federal action; and
(B) that has usual and accustomed areas where the
federally recognized Indian Tribe has treaty reserved
rights on Federal land that may be impacted by the
Federal action.
(c) Requirements.--Any consultation conducted with a federally
recognized Indian Tribe under subsection (b)(2) shall be--
(1) meaningful and conducted with the free, prior, and
informed consent or resolution of the federally recognized
Indian Tribe; and
(2) carried out through cooperative management agreements
between the Secretary, the Secretary of Agriculture, and the
federally recognized Indian Tribe.
SEC. 8. RESTORATION OF BISON, GRIZZLY BEARS, OR WOLVES.
(a) Reintroduction of Bison, Grizzly Bears, or Wolves on Tribal
Land.--
(1) Study; report.--
(A) Study.--Each Committee, in consultation with
each federally recognized Indian Tribe whose Tribal
land is located within the historical range of the
covered species, whose Tribal land is currently
inhabited by the covered species, or that has usual and
accustomed areas where the federally recognized Indian
Tribe has treaty reserved rights on Federal land, shall
conduct a study to identify Tribal land and usual and
accustomed areas where federally recognized Indian
Tribes have treaty reserved rights on Federal land that
is suitable to support covered species populations.
(B) Report.--Not later than 2 years after the date
of enactment of this Act, each Committee shall make
publicly available on the website of the Department of
the Interior a report containing the results of the
study conducted under subparagraph (A).
(2) Notifications.--Not later than 30 days after the date
on which a report is made available under subparagraph (B) of
paragraph (1), the Secretary shall notify--
(A) each federally recognized Indian Tribe whose
Tribal land was identified in the study conducted under
subparagraph (A) of that paragraph that the federally
recognized Indian Tribe has land that is suitable to
support covered species populations;
(B) each federally recognized Indian Tribe with
treaty reserved rights on usual and accustomed areas on
Federal land identified in the study conducted under
subparagraph (A) of that paragraph that the land is
suitable to support covered species populations; and
(C) the Governor of any State in which the Tribal
land described in subparagraph (A) or usual and
accustomed areas where federally recognized Indian
Tribes have treaty reserved rights on Federal land
described in subparagraph (B) is located.
(3) Reintroduction.--If a federally recognized Indian Tribe
notified under paragraph (2)(A) notifies the Secretary that the
federally recognized Indian Tribe requests the reintroduction
of a covered species on the land of the federally recognized
Indian Tribe, the Secretary shall coordinate with the federally
recognized Indian Tribe to reintroduce on that land members of
the species for which a take permit has been issued by the
Secretary pursuant to paragraph (2) or (3) of section 6(c).
(4) Manner of reintroduction.--The reintroduction of a
covered species under paragraph (3) on Tribal land shall be
carried out by the Secretary and the relevant federally
recognized Indian Tribe in a manner that is consistent with--
(A) the scientific advice of the applicable
Committee;
(B) the traditional ecological knowledge of the
federally recognized Indian Tribe; and
(C) Secretarial Order 3403, entitled ``Joint
Secretarial Order on Fulfilling the Trust
Responsibility to Indian Tribes in the Stewardship of
Federal Lands and Waters'' and issued by the Secretary
on November 15, 2021.
(5) Management.--The relevant federally recognized Indian
Tribes, in consultation with the Secretary, shall manage
covered species reintroduced on Tribal land under this section
using the best available science and consistent with the
cultural imperatives of those federally recognized Indian
Tribes, as described in the documents entitled--
(A) ``The Grizzly: A Treaty of Cooperation,
Cultural Revitalization and Restoration'' (commonly
known as the ``Grizzly Treaty'');
(B) ``The Buffalo: A Treaty of Cooperation,
Renewal, and Restoration'' (commonly known as the
``Buffalo Treaty''); and
(C) ``The Wolf: A Treaty of Cultural and
Environmental Survival'' (commonly known as the ``Wolf
Treaty'').
(6) Protection of public safety.--A grizzly bear or wolf
that has been identified by the Secretary as a threat to public
safety shall not be eligible for reintroduction under this
section.
(b) Other Restoration Efforts.--Nothing in this Act affects any
effort by the Secretary to reintroduce a covered species on land not
described in this section.
SEC. 9. LIMITATION ON USE OF LETHAL PREDATOR CONTROL MEASURES.
(a) In General.--The Secretary or the Secretary of Agriculture
shall prohibit on public land or National Forest System land, as
applicable, the use of any lethal wildlife control measures if the
applicable Committee determines that the use of those lethal measures
on that land may result in the taking of a covered species.
(b) Prohibition.--The Secretary and the Secretary of Agriculture
shall prohibit Federal agency staff and contracted entities from using
any lethal wildlife control methods on any land where the applicable
Committee determines that the use of those lethal measures may result
in the taking of a covered species.
SEC. 10. SAVINGS PROVISION.
Nothing in this Act impedes the implementation of the Bison
Conservation and Transfer Program of the National Park Service.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Forestry.
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