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 jurisdiction of the committee concerned 

A BILL 

To protect grizzly bear populations, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Tribal Heritage and 

5 Grizzly Bear Protection Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) GRIZZLY BEAR.—The term ‘‘grizzly bear’’ 

9 means a member of the subspecies Ursus arctos 

10 horribilis. 


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1 (2) HISTORICAL RANGE OF THE GRIZZLY

2 BEAR.—The term ‘‘historical range of the grizzly 

3 bear’’ means the range determined by the Com4 mittee using the best available scientific and histor5 ical information. 

6 (3) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Interior. 

8 (4) TAKE.—The term ‘‘take’’ means to harass, 

9 harm, pursue, hunt, shoot, wound, kill, trap, cap10 ture, or collect, or to attempt to engage in any such 

11 conduct. 

12 (5) TRIBAL LAND.—The term ‘‘Tribal land’’ 

13 means— 

14 (A) land located within the boundaries of 

15 an Indian reservation, pueblo, or rancheria; 

16 (B) land not located within the boundaries 

17 of an Indian reservation, pueblo, or rancheria, 

18 title to which is held— 

19 (i) in trust by the United States for 

20 benefit of an Indian Tribe or an individual 

21 Indian; 

22 (ii) by an Indian Tribe or an indi23 vidual Indian, subject to restriction against 

24 alienation under laws of the United States; 

25 or 


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1 (iii) by a dependent Indian commu2 nity; 

3 (C) land that is owned by an Indian Tribe 

4 and was conveyed by the United States to a 

5 Native Corporation pursuant to the Alaska Na6 tive Claims Settlement Act (43 U.S.C. 1601 et 

7 seq.) or that was conveyed by the United States 

8 to a Native Corporation in exchange for such 

9 land; and 

10 (D) areas where Indian Tribes have re11 served treaty rights lands. 

12 (6) COMMITTEE.—The term ‘‘Committee’’ 

13 means the Grizzly Bear Scientific Committee. 

14 SEC. 3. PROTECTION OF GRIZZLY BEARS. 

15 (a) PROHIBITED ACTS.—Except as provided in sec16 tion 5, it is unlawful for any person— 

17 (1) to take, possess, or transport a grizzly bear, 

18 or any part thereof; 

19 (2) to violate any condition of a permit issued 

20 under section 5; or 

21 (3) to violate any regulation issued by the Sec22 retary pursuant to this Act. 

23 (b) NONAPPLICATION.—This Act shall not apply to— 

24 (1) a grizzly bear, or any part thereof, in a pop25 ulation that is listed as a threatened species or an 


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1 endangered species under section 4 of the Endan2 gered Species Act of 1973 (16 U.S.C. 1533); 

3 (2) a grizzly bear, or any part thereof, taken, 

4 possessed, or transported in the State of Alaska; or 

5 (3) a taking that is imminently necessary for 

6 self-defense or to save the life of a person in imme7 diate danger. 

8 (c) CIVIL PENALTY.— 

9 (1) KNOWING VIOLATION.—Any person who 

10 knowingly violates subsection (a) may be assessed a 

11 civil penalty by the Secretary described in the first 

12 sentence of section 11(a)(1) of the Endangered Spe13 cies Act of 1973 (16 U.S.C. 1540(a)(1)) as if such 

14 person knowingly violated a provision of such Act. 

15 (2) UNKNOWING VIOLATION.—Any person who, 

16 other than knowingly, violates subsection (a) may be 

17 assessed a civil penalty by the Secretary described in 

18 the third sentence of section 11(a)(1) of the Endan19 gered Species Act of 1973 (16 U.S.C. 1540(a)(1)) 

20 as if such person otherwise violated a provision of 

21 such Act. 

22 (d) CRIMINAL PENALTY.—Any person who knowingly 

23 violates subsection (a) shall, upon conviction, be punished 

24 in the same manner as a person who commits a violation 

25 punishable under the first sentence of section 11(b)(1) of 


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1 the Endangered Species Act of 1973 (16 U.S.C. 

2 1540(b)(1)). 

3 (e) CANCELLATION OF GRAZING AUTHORIZA4 TIONS.—Any lease, license, permit, or agreement issued 

5 by the head of any Federal agency to a person authorizing 

6 the grazing of domestic livestock on Federal lands shall 

7 have no force or effect upon the conviction of such person 

8 of a violation of subsection (a). The United States shall 

9 not be liable for the payment of any compensation, reim10 bursement, or damages in connection with the cancellation 

11 of any lease, license, permit, or agreement pursuant to this 

12 subsection. 

13 SEC. 4. ESTABLISHMENT OF GRIZZLY BEAR SCIENTIFIC 

14 COMMITTEE. 

15 (a) ESTABLISHMENT.—Not later than 90 days after 

16 the date of the enactment of the Tribal Heritage and Griz17 zly Bear Protection Act, the Secretary shall establish the 

18 Grizzly Bear Scientific Committee (‘‘the Committee’’), in 

19 accordance with subsection (b) below, to carry out the ex20 pert consultations and scientific studies specified by this 

21 Act. The Secretary shall establish 6 regions within the 

22 Grizzly Bear Scientific Committee as follows: 

23 (1) The North Cascades Ecosystem Region 

24 shall consist of Washington. 


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1 (2) The Selkirk Mountains Ecosystem Region 

2 shall consist of Idaho and Washington. 

3 (3) The Cabinet Yaak Ecosystem Region shall 

4 consist of Montana and Idaho. 

5 (4) The Northern Continental Divide Eco6 system Region shall consist of Montana. 

7 (5) The Bitterroot Recovery Ecosystem Region 

8 shall consist of Idaho and Montana. 

9 (6) The Greater Yellowstone Ecosystem Region 

10 shall consist of Wyoming, Idaho, and Montana. 

11 (b) MEMBERSHIP.—The Committee shall be com12 posed of the following members: 

13 (1) REGIONAL REPRESENTATION.—Each of the 

14 regions listed in paragraphs (1) through (6) of sub15 section (a) shall be represented on the Committee by 

16 2 members— 

17 (A) who are appointed by the Secretary; 

18 (B) who reside in a State or territory in 

19 the region that the member will represent; and 

20 (C) of whom— 

21 (i) one shall be a Tribal representa22 tive; and 

23 (ii) one shall be an individual who 

24 represents the scientific community. 


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1 (2) AT-LARGE MEMBERS.—The Secretary shall 

2 appoint as at-large members of the Committee at 

3 least one scientific expert representative from each 

4 of the following designated by the expert’s own agen5 cy: 

6 (A) The Fish and Wildlife Service. 

7 (B) The National Park Service. 

8 (C) The Forest Service. 

9 (D) The Bureau of Land Management. 

10 (E) The Bureau of Indian Affairs. 

11 (F) The United States Geological Survey. 

12 (c) DETERMINATIONS TO BE MADE ON BASIS OF

13 BEST AVAILABLE SCIENCE.—Determinations by the Com14 mittee pursuant to this Act shall be made solely on the 

15 basis of the best available science. 

16 (d) NO REPLACEMENT OF EXISTING ENTITIES.— 

17 (1) The establishment of the Committee shall 

18 not replace any existing Federal or interagency com19 mittee, task force, or study team. 

20 (2) The functions of the Committee shall be 

21 limited to those mandated by this Act and shall not 

22 replace, repeal, or subsume any authority or func23 tion delegated to any other Federal or interagency 

24 entity. 


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1 SEC. 5. PERMITTED TAKING OF GRIZZLY BEARS. 

2 (a) IN GENERAL.—The Secretary may issue a permit 

3 in accordance with this section authorizing the taking, 

4 possession, or transportation of a grizzly bear, or any part 

5 thereof, that is otherwise prohibited by section 3. 

6 (b) CONDITIONS.—The Secretary may issue a permit 

7 under this section only if the Secretary has— 

8 (1) investigated the circumstances that gave 

9 rise to the permit application; 

10 (2) determined that such taking, possession, or 

11 transportation is compatible with the protection of 

12 the grizzly bear species or a population of grizzly 

13 bears occupying a geographically distinct area; and 

14 (3) determined that such taking, possession, or 

15 transportation is an allowable taking, possession, or 

16 transportation under subsection (c). 

17 (c) ALLOWABLE TAKINGS, POSSESSIONS, OR TRANS18 PORTS.—For the purpose of subsection (b)(3), an allow19 able taking, possession, or transportation is any of the fol20 lowing: 

21 (1) SCIENTIFIC OR EXHIBITION PURPOSES.— 

22 Taking, possessing, or transporting a grizzly bear, 

23 or any part thereof, for the scientific or exhibition 

24 purposes of a— 

25 (A) public museum; 

26 (B) scientific society; or 


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1 (C) zoological park that is accredited by 

2 the Association of Zoos and Aquariums. 

3 (2) RELIGIOUS PURPOSES OF FEDERALLY REC4 OGNIZED INDIAN TRIBE.—Taking, possessing, or 

5 transporting a grizzly bear, or any part thereof, for 

6 the religious purposes of a federally recognized In7 dian Tribe. 

8 (3) PROTECTION OF AGRICULTURAL INTERESTS

9 OR PUBLIC SAFETY.— 

10 (A) IN GENERAL.—Subject to subpara11 graph (B), taking, possessing, or transporting a 

12 grizzly bear, or any part thereof, during such 

13 time period and in such location as the Sec14 retary determines to be necessary to protect ag15 ricultural interests or public safety in such loca16 tion. 

17 (B) REQUIREMENTS FOR TAKING.—Before 

18 making a determination under subparagraph 

19 (A) with respect to a taking— 

20 (i) the Governor of the State in which 

21 the taking will occur must request, in writ22 ing, that the Secretary make such deter23 mination; 

24 (ii) the Secretary must conclude that 

25 nonlethal deterrents have been used in 


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1 such location and proven ineffective to 

2 mitigate the threat of the grizzly bear to 

3 agricultural interests or public safety; and 

4 (iii) the Secretary must determine, in 

5 consultation with the Committee and each 

6 federally recognized Indian Tribe identified 

7 in the report required under section 

8 8(a)(2), that the grizzly bear cannot be re9 located to support— 

10 (I) efforts under section 8 to re11 introduce grizzly bears on Tribal land; 

12 or 

13 (II) recovery efforts for a grizzly 

14 bear population listed as a threatened 

15 species or an endangered species 

16 under section 4 of the Endangered 

17 Species Act of 1973 (16 U.S.C. 

18 1533). 

19 (d) NO PERMITS FOR TAKINGS THAT WOULD EX20 CEED MORTALITY LIMIT.—The Secretary may not issue 

21 a permit under this section for the taking of a grizzly bear 

22 if such taking would cause the total mortality for any pop23 ulation or subpopulation of grizzly bears to exceed the sci24 entifically recommended limit determined by the InterVerDate Sep 11 2014 23:00 May 20, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2532.IH H2532

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1 agency Grizzly Bear Study Team, the Interagency Grizzly 

2 Bear Committee, or any relevant subcommittee thereof. 

3 (e) SPORT HUNTING.—Nothing in this section may 

4 be construed to allow sport hunting of grizzly bears. 

5 (f) NONALIENABILITY.—A person who has been 

6 issued a permit under this section may not sell, transfer, 

7 assign, or otherwise alienate the authority granted to such 

8 person by such permit. 

9 (g) CONDUCT REQUIREMENTS.—Taking, possessing, 

10 or transporting a grizzly bear, or any part thereof, under 

11 this Act shall be conducted in a manner consistent with— 

12 (1) the conditions of the permit authorizing 

13 such taking, possession, or transportation; and 

14 (2) the provisions of this Act. 

15 SEC. 6. LIVESTOCK LOSS PREVENTION. 

16 The Omnibus Public Land Management Act of 2009 

17 (Public Law 111–11; 7 U.S.C. 8351 note) is amended— 

18 (1) in section 6202 (7 U.S.C. 8351 note)— 

19 (A) in the heading of such section, by in20 serting ‘‘AND GRIZZLY BEAR’’ after ‘‘WOLF’’; 

21 (B) in subsection (a)— 

22 (i) by striking ‘‘5-year’’; and 

23 (ii) in paragraph (1), by inserting 

24 ‘‘and grizzly bears’’ after ‘‘wolves’’; and 


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1 (C) in subsection (b)(2)(A), by inserting 

2 ‘‘and grizzly bears’’ after ‘‘wolves’’; and 

3 (2) in section 6203 (7 U.S.C. 8351 note), by 

4 striking ‘‘$1,000,000 for fiscal year 2009’’ and in5 serting ‘‘$5,000,000 for fiscal year 2020’’. 

6 SEC. 7. CONSULTATION WITH INDIAN TRIBES. 

7 (a) CONSULTATION REQUIRED BEFORE ISSUING

8 PERMIT.—Before issuing a permit under this Act that au9 thorizes an activity to be carried out on the Tribal land 

10 of a federally recognized Indian Tribe, the Secretary shall 

11 consult with such federally recognized Indian Tribe. 

12 (b) CONSULTATION REQUIRED BEFORE TAKING

13 MAJOR FEDERAL ACTION.—Before taking any Federal 

14 action that may negatively impact grizzly bear habitat or 

15 increase grizzly bear mortality the Secretary or the Sec16 retary of Agriculture, respectively, shall consult with— 

17 (1) the Committee; and 

18 (2) any relevant federally recognized Indian 

19 Tribe. 

20 (c) REQUIREMENT.—Any consultation conducted 

21 with a federally recognized Indian Tribe under this sec22 tion— 

23 (1) shall be meaningful and be conducted within 

24 a framework developed with the free, prior, and in25 formed consent of such Indian Tribe; 


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1 (2) shall be carried out through cooperative 

2 management agreements between the Secretary, the 

3 Secretary of Agriculture, and such Indian Tribe; and 

4 (3) may, at the option of such Indian Tribe, be 

5 entered into under the Indian Self-Determination 

6 and Education Assistance Act (25 U.S.C. 5301 et 

7 seq.). 

8 SEC. 8. REINTRODUCTION OF GRIZZLY BEARS ON TRIBAL 

9 LAND. 

10 (a) PUBLIC REPORT REQUIRED.— 

11 (1) STUDY.—The Committee, in consultation 

12 with each federally recognized Indian Tribe whose 

13 Tribal land is located within the historical range of 

14 the grizzly bear, shall conduct a study to identify 

15 Tribal land that is located within the historical 

16 range of the grizzly bear and is suitable to support 

17 grizzly bear populations. 

18 (2) REPORT.—Not later than 2 years after the 

19 date of the enactment of this Act, the Committee 

20 shall make publicly available on the Department’s 

21 website a report containing the results of the study 

22 conducted under paragraph (1). 

23 (b) NOTIFICATION.—Not later than 30 days after the 

24 report is made available under subsection (a)(2), the Sec25 retary shall notify each federally recognized Indian Tribe 


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1 whose Tribal land was identified in the report required 

2 under subsection (a)(1) that grizzly bears may be reintro3 duced on the identified Tribal land in accordance with this 

4 Act. The Secretary shall notify the Governor of any State 

5 that is conterminous with any such Tribal land at the time 

6 such notice is provided to such Indian Tribe. 

7 (c) REINTRODUCTION.—If a federally recognized In8 dian Tribe notified under subsection (b) notifies the Sec9 retary that it agrees to have grizzly bears reintroduced on 

10 its Tribal land, the Secretary shall coordinate with such 

11 federally recognized Indian Tribe to reintroduce grizzly 

12 bears to such Tribal land. 

13 (d) MANNER OF RELOCATION.—The relocation of 

14 grizzly bears under subsection (c) shall be carried out by 

15 the Secretary in a manner that is consistent with— 

16 (1) the scientific advice of the Committee; 

17 (2) the traditional ecological knowledge of the 

18 respective federally recognized Indian Tribe; and 

19 (3) Secretarial Order 3342, issued by the Sec20 retary on the Interior on October 21, 2016. 

21 (e) PROTECTION OF PUBLIC SAFETY.—A grizzly bear 

22 that has been identified by the Secretary as a threat to 

23 public safety shall not be eligible for reintroduction under 

24 this section. 


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1 (f) OTHER REINTRODUCTION EFFORTS.—Nothing in 

2 this Act shall affect any effort by the Secretary to reintro3 duce a grizzly bear on lands other than the lands specified 

4 in this Act. 

5 SEC. 9. MISCELLANEOUS. 

6 (a) LIMITATION ON USE OF PREDATOR CONTROL

7 MEASURES.—The Secretary or the Secretary of Agri8 culture, respectively, shall prohibit on lands under such 

9 Secretary’s jurisdiction the use of predator control meas10 ures that the Interagency Grizzly Bear Study Team or the 

11 Committee has determined may result in the inadvertent 

12 taking of grizzly bears. 

13 (b) MEETING AND ADVISEMENT.—The Interagency 

14 Grizzly Bear Committee and the Interagency Grizzly Bear 

15 Study Team shall meet with and advise State and Federal 

16 wildlife managers and affected federally recognized Indian 

17 Tribes. 

18 (c) INCLUSION OF MEMBERS OF FEDERALLY RECOG19 NIZED INDIAN TRIBES ON INTERAGENCY GRIZZLY BEAR

20 COMMITTEE.—The Interagency Grizzly Bear Committee 

21 shall include not less than 1 member of each federally rec22 ognized Indian Tribe whose Tribal land is— 

23 (1) inhabited by grizzly bears; 

24 (2) located within the historical range of the 

25 grizzly bear pre-Lewis and Clark Expedition; and 


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1 (3) identified in the report required under sec2 tion 8(a)(2) as suitable to support grizzly bear popu3 lations. 

4 (d) PARTNERSHIP.—The Secretary, the Secretary of 

5 Agriculture, and relevant federally recognized Indian 

6 Tribes shall manage grizzly bears reintroduced on Tribal 

7 land under this Act using the best available science and 

8 consistent with the cultural imperatives of those federally 

9 recognized Indian Tribes, as defined in ‘‘The Grizzly: A 

10 Treaty of Cooperation, Cultural Revitalization and Res11 toration’’. 

Æ 


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