I 
115TH CONGRESS 
1ST SESSION H. R. 3894 
To protect grizzly bear populations, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 2, 2017 
Mr. GRIJALVA introduced the following bill; which was referred to the Com-
mittee on Natural Resources, and in addition to the Committee on Agri-
culture, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To protect grizzly bear populations, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Tribal Heritage and 
Grizzly Bear Protection Act’’. 
SEC. 2. PROTECTION OF GRIZZLY BEARS. 
(a) PROHIBITED ACTS.—Except as provided in sec-
tion 3, it is unlawful for any person— 
(1) to take, possess, or transport a grizzly bear, 
or any part thereof; 
VerDate Sep 11 2014 
00:41 Oct 04, 2017
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3894.IH
H3894
SSpencer on DSKBBV9HB2PROD with BILLS
Species Act of 1973 (16 U.S.C. 1540(a)) as if such 
person has otherwise violated a provision of such 
Act. 
(d) CRIMINAL PENALTY.—Any person who knowingly 
violates subsection (a) shall, upon conviction, be punished 
in the same manner as a person who commits a violation 
punishable under the first sentence of section 11(b) of the 
Endangered Species Act of 1973 (16 U.S.C. 1540(b)). 
(e) 
CANCELLATION
OF
GRAZING
AUTHORIZA-
TIONS.—Any lease, license, permit, or agreement issued 
by the head of any Federal agency to a person authorizing 
the grazing of domestic livestock on Federal lands shall 
have no force or effect upon the conviction of such person 
of a violation of subsection (a). The United States shall 
not be liable for the payment of any compensation, reim-
bursement, or damages in connection with the cancellation 
of any lease, license, permit, or agreement pursuant to this 
subsection. 
SEC. 3. PERMITTED TAKING OF GRIZZLY BEARS. 
(a) IN GENERAL.—The Secretary may issue a permit 
in accordance with this section authorizing the taking, 
possession, or transport of a grizzly bear, or any part 
thereof, that is otherwise prohibited by section 2. 
(b) CONDITIONS.—The Secretary may issue a permit 
under this section only if the Secretary has— 
VerDate Sep 11 2014 
00:41 Oct 04, 2017
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3894.IH
H3894
SSpencer on DSKBBV9HB2PROD with BILLS
(1) investigated the circumstances that gave 
rise to the permit application; 
(2) determined that such taking, possession, or 
transport is compatible with the protection of the 
grizzly bear species or a population of grizzly bears 
occupying a geographically distinct area; and 
(3) determined that such taking, possession, or 
transport is an allowable taking, possession, or 
transport under subsection (c). 
(c) ALLOWABLE TAKINGS, POSSESSIONS, OR TRANS-
PORTS.—For the purpose of subsection (b)(3), an allow-
able taking, possession, or transport is any of the fol-
lowing: 
(1) SCIENTIFIC
OR
EXHIBITION
PURPOSES.— 
Taking, possessing, or transporting a grizzly bear, 
or any part thereof, for the scientific or exhibition 
purposes of a— 
(A) public museum; 
(B) scientific society; or 
(C) zoological park that is accredited by 
the Association of Zoos and Aquariums. 
(2) RELIGIOUS PURPOSES OF FEDERALLY REC-
OGNIZED
INDIAN
TRIBE.—Taking, possessing, or 
transporting a grizzly bear, or any part thereof, for 
VerDate Sep 11 2014 
00:41 Oct 04, 2017
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3894.IH
H3894
SSpencer on DSKBBV9HB2PROD with BILLS
the religious purposes of a federally recognized In-
dian Tribe. 
(3) PROTECTION OF AGRICULTURAL INTERESTS 
OR PUBLIC SAFETY.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), taking, possessing, or transporting a 
grizzly bear, or any part thereof, during such 
time period and in such location as the Sec-
retary determines to be necessary to protect ag-
ricultural interests or public safety in such loca-
tion. 
(B) REQUIREMENTS FOR TAKING.—Before 
making a determination under subparagraph 
(A) with respect to a taking— 
(i) the Governor of the State in which 
the taking will occur must request, in writ-
ing, that the Secretary make such deter-
mination; 
(ii) the Secretary must conclude that 
nonlethal deterrents have been used in 
such location and proven ineffective to 
mitigate the threat of the grizzly bear to 
agricultural interests or public safety; and 
(iii) the Secretary must determine, in 
consultation with the Interagency Grizzly 
VerDate Sep 11 2014 
00:41 Oct 04, 2017
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3894.IH
H3894
SSpencer on DSKBBV9HB2PROD with BILLS
Bear Study Team and each federally rec-
ognized Indian Tribe identified in the re-
port required under section 6(a)(2), that 
the grizzly bear cannot be relocated to sup-
port— 
(I) efforts under section 6 to re-
introduce grizzly bears on Tribal land; 
or 
(II) recovery efforts for a grizzly 
bear population 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 EX-
CEED MORTALITY LIMIT.—The Secretary may not issue 
a permit under this section for the taking of a grizzly bear 
if such taking would cause the total mortality for any pop-
ulation or subpopulation of grizzly bears to exceed the sci-
entifically recommended limit determined by the Inter-
agency Grizzly Bear Study Team. 
(e) SPORT HUNTING.—Nothing in this section may 
be construed to allow sport hunting of grizzly bears. 
(f) NONALIENABILITY.—A person who has been 
issued a permit under this section may not sell, transfer, 
VerDate Sep 11 2014 
00:41 Oct 04, 2017
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3894.IH
H3894
SSpencer on DSKBBV9HB2PROD with BILLS
assign, or otherwise alienate the authority granted to such 
person by such permit. 
(g) CONDUCT REQUIREMENTS.—Taking, possessing, 
or transporting a grizzly bear, or any part thereof, under 
this Act shall be conducted in a manner consistent with— 
(1) the conditions of the permit authorizing 
such taking, possession, or transport; and 
(2) the provisions of this Act. 
SEC. 4. LIVESTOCK LOSS PREVENTION. 
Public Law 111–11 is amended— 
(1) in section 6202 (7 U.S.C. 426 note)— 
(A) in the heading of such section, by in-
serting ‘‘AND GRIZZLY BEAR’’ after ‘‘WOLF’’; 
(B) in the matter preceding subsection 
(a)(1), by striking ‘‘5-year’’; 
(C) in subsection (a)(1), by inserting ‘‘and 
grizzly bears’’ after ‘‘wolves’’; and 
(D) in subsection (b)(2)(A), by inserting 
‘‘and grizzly bears’’ after ‘‘wolves’’; and 
(2) in section 6203 (7 U.S.C. 426 note), by 
striking ‘‘$1,000,000 for fiscal year 2009’’ and in-
serting ‘‘$5,000,000 for fiscal year 2018’’. 
SEC. 5. CONSULTATION WITH INDIAN TRIBES. 
(a) CONSULTATION REQUIRED BEFORE ISSUING 
PERMIT.—Before issuing a permit under this Act that au-
VerDate Sep 11 2014 
00:41 Oct 04, 2017
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3894.IH
H3894
SSpencer on DSKBBV9HB2PROD with BILLS
thorizes an activity to be carried out on the Tribal land 
of a federally recognized Indian Tribe, the Secretary shall 
consult with such federally recognized Indian Tribe. 
(b) CONSULTATION
REQUIRED
BEFORE
TAKING 
MAJOR FEDERAL ACTION.—Before taking any Federal 
action that may negatively impact grizzly bear habitat or 
increase grizzly bear mortality the Secretary or the Sec-
retary of Agriculture, respectively, shall consult with— 
(1) the Interagency Grizzly Bear Study Team; 
and 
(2) the relevant federally recognized Indian 
Tribe. 
(c) REQUIREMENT.—Any consultation conducted 
with a federally recognized Indian Tribe under this sec-
tion— 
(1) shall be meaningful and be conducted within 
a framework developed with the free, prior, and in-
formed consent of that Indian Tribe; 
(2) shall be carried out through cooperative 
management agreements between the Secretary, the 
Secretary of Agriculture, and that Indian Tribe; and 
(3) may, at the option of the Indian Tribe, be 
entered into under the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 5301 et 
seq.). 
VerDate Sep 11 2014 
00:41 Oct 04, 2017
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3894.IH
H3894
SSpencer on DSKBBV9HB2PROD with BILLS
SEC. 6. REINTRODUCTION OF GRIZZLY BEARS ON TRIBAL 
LAND. 
(a) PUBLIC REPORT REQUIRED.— 
(1) STUDY.—The Interagency Grizzly Bear 
Study Team, in consultation with each federally rec-
ognized Indian Tribe whose Tribal land is located 
within the historical range of the grizzly bear, shall 
conduct a study to identify Tribal land that is lo-
cated within the historical range of the grizzly bear 
and is suitable to support grizzly bear populations. 
(2) REPORT.—Not later than 2 years after the 
date of the enactment of this Act, the Interagency 
Grizzly Bear Study Team shall make publically 
available on the website of the Interagency Grizzly 
Bear Study Team a report containing the results of 
the study conducted under paragraph (1). 
(b) NOTIFICATION.—Not later than 30 days after the 
report is made available under subsection (a)(2), the Sec-
retary shall notify each federally recognized Indian Tribe 
whose Tribal land was identified in the report required 
under subsection (a)(1) that grizzly bears may be reintro-
duced on the identified Tribal land in accordance with this 
Act. 
(c) REINTRODUCTION.—If a federally recognized In-
dian Tribe notified under subsection (b) notifies the Sec-
retary that it agrees to have grizzly bears reintroduced on 
VerDate Sep 11 2014 
00:41 Oct 04, 2017
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3894.IH
H3894
SSpencer on DSKBBV9HB2PROD with BILLS
its Tribal land, the Secretary shall coordinate with that 
federally recognized Indian Tribe to reintroduce grizzly 
bears to such Tribal land. 
(d) MANNER OF RELOCATION.—The relocation of 
grizzly bears under subsection (c) shall be carried out by 
the Secretary in a manner that is consistent with— 
(1) the scientific advice of the Interagency Griz-
zly Bear Study Team; 
(2) the traditional ecological knowledge of the 
respective federally recognized Indian Tribe; and 
(3) Secretarial Order 3342, dated October 21, 
2016. 
(e) PROTECTION OF PUBLIC SAFETY.—A grizzly bear 
that has been identified by the Secretary as a threat to 
public safety shall not be eligible for reintroduction under 
this section. 
(f) OTHER REINTRODUCTION EFFORTS.—Nothing in 
this Act shall affect any effort by the Secretary to reintro-
duce a grizzly bear on lands other than the lands specified 
in this Act. 
SEC. 7. MISCELLANEOUS. 
(a) LIMITATION ON USE OF PREDATOR CONTROL 
MEASURES.—The Secretary or the Secretary of Agri-
culture, respectively, shall prohibit on lands under such 
Secretary’s jurisdiction the use of predator control meas-
VerDate Sep 11 2014 
00:41 Oct 04, 2017
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3894.IH
H3894
SSpencer on DSKBBV9HB2PROD with BILLS
ures that the Interagency Grizzly Bear Study Team has 
determined may result in the inadvertent taking of grizzly 
bears. 
(b) MEETING AND ADVISEMENT.—The Interagency 
Grizzly Bear Committee and the Interagency Grizzly Bear 
Study Team shall meet with and advise State and Federal 
wildlife managers and affected federally recognized Indian 
Tribes. 
(c) INCLUSION OF MEMBERS OF FEDERALLY RECOG-
NIZED INDIAN TRIBES ON INTERAGENCY GRIZZLY BEAR 
COMMITTEE.—The Interagency Grizzly Bear Committee 
shall include not less than 1 member of each federally rec-
ognized Indian Tribe whose Tribal land is— 
(1) inhabited by grizzly bears; or 
(2) identified in the report required under sec-
tion 6(a)(2) as suitable to support grizzly bear popu-
lations. 
(d) PARTNERSHIP.—The Secretary, the Secretary of 
Agriculture, and relevant federally recognized Indian 
Tribes shall manage grizzly bears reintroduced on Tribal 
land under this Act using the best available science and 
consistent with the cultural imperatives of those federally 
recognized Indian Tribes, as defined in The Grizzly: A 
Treaty of Cooperation, Cultural Revitalization and Res-
toration. 
VerDate Sep 11 2014 
00:41 Oct 04, 2017
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3894.IH
H3894
SSpencer on DSKBBV9HB2PROD with BILLS
SEC. 8. DEFINITIONS. 
In this Act: 
(1) GRIZZLY BEAR.—The term ‘‘grizzly bear’’ 
means a member of the subspecies Ursus arctos 
horribilis. 
(2) HISTORICAL
RANGE
OF
THE
GRIZZLY 
BEAR.—The term ‘‘historical range of the grizzly 
bear’’ means the range determined by the Inter-
agency Grizzly Bear Study Team using the best 
available scientific and historical information. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(4) TAKE.—The term ‘‘take’’ means to harass, 
harm, pursue, hunt, shoot, wound, kill, trap, cap-
ture, or collect, or to attempt to engage in any such 
conduct. 
(5) TRIBAL
LAND.—The term ‘‘Tribal land’’ 
means— 
(A) land located within the boundaries of 
an Indian reservation, pueblo, or Rancheria; 
(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 an Indian tribe or an individual 
Indian; 
VerDate Sep 11 2014 
00:41 Oct 04, 2017
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3894.IH
H3894
SSpencer on DSKBBV9HB2PROD with BILLS
(ii) by an Indian tribe or an individual 
Indian, subject to restriction against alien-
ation under laws of the United States; or 
(iii) by a dependent Indian commu-
nity; and 
(C) land that is owned by an Indian tribe 
and was conveyed by the United States to a 
Native Corporation pursuant to the Alaska Na-
tive Claims Settlement Act (43 U.S.C. 1601 et 
seq.) or that was conveyed by the United States 
to a Native Corporation in exchange for such 
land. 
Æ 
VerDate Sep 11 2014 
00:41 Oct 04, 2017
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6301
E:\BILLS\H3894.IH
H3894
SSpencer on DSKBBV9HB2PROD with BILLS