I 

118TH CONGRESS 

1ST SESSION H. R. 4997 

To provide for determination of the grizzly bear species consistent with 

the Endangered Species Act of 1973, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2023 

Mr. FULCHER introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To provide for determination of the grizzly bear species consistent with the Endangered Species Act of 1973, 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 ‘‘Grizzly Bear Review 

5 and Resource Restart Act of 2023’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) the entity of grizzly bear (Ursus arctos 

9 horribilis) in the conterminous lower 48 States of 

10 the United States, included on the List of EndanVerDate Sep 11 2014 04:13 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4997.IH H4997

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1 gered and Threatened Wildlife under section 

2 17.11(h) of title 50, Code of Federal Regulations (or 

3 a successor regulation), is not a species (as defined 

4 in section 3 of the Endangered Species Act of 1973 

5 (16 U.S.C. 1532)), a threatened species (as defined 

6 in that section), an endangered species (as defined 

7 in that section), a taxonomic species, a taxonomic 

8 subspecies, or a distinct population segment that 

9 interbreeds when mature, and should not be subject 

10 to the protections of the Endangered Species Act of 

11 1973 (16 U.S.C. 1531 et seq.); 

12 (2) removal of protections for the entity of griz13 zly bear (Ursus arctos horribilis) in the 

14 conterminous lower 48 States of the United States 

15 under the Endangered Species Act of 1973 (16 

16 U.S.C. 1531 et seq.), when those protections are in17 consistent with that Act or otherwise unnecessary, 

18 supports prioritization of Federal conservation ac19 tions and resources for species in much greater need 

20 of protections under that Act; and 

21 (3) continuing protections under the Endan22 gered Species Act of 1973 (16 U.S.C. 1531 et seq.) 

23 for the entity of grizzly bear (Ursus arctos 

24 horribilis) in the conterminous lower 48 States of 

25 the United States to not later than the date that is 


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1 2 years after the date of enactment of this Act pro2 vides adequate time for the Secretary of the Interior 

3 (referred to in this Act as the ‘‘Secretary’’) to deter4 mine, by regulation promulgated in accordance with 

5 section 4(a) of that Act (16 U.S.C. 1533(a)), wheth6 er any distinct population segment of grizzly bear 

7 that interbreeds when mature is an endangered spe8 cies or a threatened species that should be added to 

9 the List of Endangered and Threatened Wildlife 

10 pursuant to that Act. 

11 SEC. 3. DETERMINATION OF GRIZZLY BEAR SPECIES 

12 UNDER THE ENDANGERED SPECIES ACT OF 

13 1973. 

14 (a) IN GENERAL.—Not later than 2 years after the 

15 date of enactment of this Act, the Secretary shall remove 

16 the entity of grizzly bear (Ursus arctos horribilis) in the 

17 conterminous lower 48 States of the United States and 

18 the associated entity of grizzly bear (Ursus arctos 

19 horribilis) in portions of the States of Idaho and Montana 

20 listed as an experimental population from the List of En21 dangered and Threatened Wildlife under section 17.11(h) 

22 of title 50, Code of Federal Regulations (or a successor 

23 regulation). 

24 (b) EFFECT ON OTHER DETERMINATIONS.—Nothing 

25 in this Act limits the ability of the Secretary to make fuVerDate Sep 11 2014 04:13 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4997.IH H4997

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1 ture determinations of threatened species or endangered 

2 species, by regulation promulgated in accordance with sec3 tion 4(a) of the Endangered Species Act of 1973 (16 

4 U.S.C. 1533(a)), for any distinct population segment of 

5 brown bear (Ursus arctos) that interbreeds when mature, 

6 including any distinct population segment of grizzly bear 

7 (Ursus arctos horribilis) or other brown bear subspecies, 

8 subject to the conditions that the Secretary shall not— 

9 (1) add any distinct population segment of griz10 zly bear (Ursus arctos horribilis) to the List of En11 dangered and Threatened Wildlife under section 

12 17.11(h) of title 50, Code of Federal Regulations (or 

13 a successor regulation), unless the Secretary identi14 fies objective, measurable criteria that, when met, 

15 would result in a determination that the distinct 

16 population segment be removed from the list; and 

17 (2) be required to designate critical habitat for 

18 a distinct population segment of grizzly bear (Ursus 

19 arctos horribilis) described in paragraph (1). 

20 (c) DELISTING PROCESS FOR DISTINCT POPULATION

21 SEGMENTS.—If the Secretary identifies a distinct popu22 lation segment of grizzly bear (Ursus arctos horribilis) in 

23 the conterminous lower 48 States of the United States 

24 that has met the established recovery criteria for that dis25 tinct population segment, the Secretary shall initiate the 


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1 process to remove that distinct population segment from 

2 the List of Endangered and Threatened Wildlife under 

3 section 17.11(h) of title 50, Code of Federal Regulations 

4 (or a successor regulation). 

5 (d) NO JUDICIAL REVIEW.—The removal of the enti6 ty of grizzly bear (Ursus arctos horribilis) in the 

7 conterminous lower 48 States of the United States and 

8 the associated entity of grizzly bear (Ursus arctos 

9 horribilis) in portions of the States of Idaho and Montana 

10 listed as an experimental population from the List of En11 dangered and Threatened Wildlife under section 17.11(h) 

12 of title 50, Code of Federal Regulations (or a successor 

13 regulation), pursuant to subsection (a) shall not be subject 

14 to judicial review. 

Æ 


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