[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, 
        po