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 juris-
diction 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. DEFINITIONS. 
In this Act: 
(1) GRIZZLY BEAR.—The term ‘‘grizzly bear’’ 
means a member of the subspecies Ursus arctos 
horribilis. 
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(2) HISTORICAL
RANGE
OF
THE
GRIZZLY 
BEAR.—The term ‘‘historical range of the grizzly 
bear’’ means the range determined by the Com-
mittee using the best available scientific and histor-
ical 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; 
(ii) by an Indian Tribe or an indi-
vidual Indian, subject to restriction against 
alienation under laws of the United States; 
or 
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(iii) by a dependent Indian commu-
nity; 
(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; and 
(D) areas where Indian Tribes have re-
served treaty rights lands. 
(6) 
COMMITTEE.—The 
term 
‘‘Committee’’ 
means the Grizzly Bear Scientific Committee. 
SEC. 3. PROTECTION OF GRIZZLY BEARS. 
(a) PROHIBITED ACTS.—Except as provided in sec-
tion 5, it is unlawful for any person— 
(1) to take, possess, or transport a grizzly bear, 
or any part thereof; 
(2) to violate any condition of a permit issued 
under section 5; or 
(3) to violate any regulation issued by the Sec-
retary pursuant to this Act. 
(b) NONAPPLICATION.—This Act shall not apply to— 
(1) a grizzly bear, or any part thereof, in a pop-
ulation that is listed as a threatened species or an 
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endangered species under section 4 of the Endan-
gered Species Act of 1973 (16 U.S.C. 1533); 
(2) a grizzly bear, or any part thereof, taken, 
possessed, or transported in the State of Alaska; or 
(3) a taking that is imminently necessary for 
self-defense or to save the life of a person in imme-
diate danger. 
(c) CIVIL PENALTY.— 
(1) KNOWING
VIOLATION.—Any person who 
knowingly violates subsection (a) may be assessed a 
civil penalty by the Secretary described in the first 
sentence of section 11(a)(1) of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1540(a)(1)) as if such 
person knowingly violated a provision of such Act. 
(2) UNKNOWING VIOLATION.—Any person who, 
other than knowingly, violates subsection (a) may be 
assessed a civil penalty by the Secretary described in 
the third sentence of section 11(a)(1) of the Endan-
gered Species Act of 1973 (16 U.S.C. 1540(a)(1)) 
as if such person 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)(1) of 
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the Endangered Species Act of 1973 (16 U.S.C. 
1540(b)(1)). 
(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. 4. ESTABLISHMENT OF GRIZZLY BEAR SCIENTIFIC 
COMMITTEE. 
(a) ESTABLISHMENT.—Not later than 90 days after 
the date of the enactment of the Tribal Heritage and Griz-
zly Bear Protection Act, the Secretary shall establish the 
Grizzly Bear Scientific Committee (‘‘the Committee’’), in 
accordance with subsection (b) below, to carry out the ex-
pert consultations and scientific studies specified by this 
Act. The Secretary shall establish 6 regions within the 
Grizzly Bear Scientific Committee as follows: 
(1) The North Cascades Ecosystem Region 
shall consist of Washington. 
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(2) The Selkirk Mountains Ecosystem Region 
shall consist of Idaho and Washington. 
(3) The Cabinet Yaak Ecosystem Region shall 
consist of Montana and Idaho. 
(4) The Northern Continental Divide Eco-
system Region shall consist of Montana. 
(5) The Bitterroot Recovery Ecosystem Region 
shall consist of Idaho and Montana. 
(6) The Greater Yellowstone Ecosystem Region 
shall consist of Wyoming, Idaho, and Montana. 
(b) MEMBERSHIP.—The Committee shall be com-
posed of the following members: 
(1) REGIONAL REPRESENTATION.—Each of the 
regions listed in paragraphs (1) through (6) of sub-
section (a) shall be represented on the Committee by 
2 members— 
(A) who are appointed by the Secretary; 
(B) who reside in a State or territory in 
the region that the member will represent; and 
(C) of whom— 
(i) one shall be a Tribal representa-
tive; and 
(ii) one shall be an individual who 
represents the scientific community. 
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(2) AT-LARGE MEMBERS.—The Secretary shall 
appoint as at-large members of the Committee at 
least one scientific expert representative from each 
of the following designated by the expert’s own agen-
cy: 
(A) The Fish and Wildlife Service. 
(B) The National Park Service. 
(C) The Forest Service. 
(D) The Bureau of Land Management. 
(E) The Bureau of Indian Affairs. 
(F) The United States Geological Survey. 
(c) DETERMINATIONS TO BE MADE ON BASIS OF 
BEST AVAILABLE SCIENCE.—Determinations by the Com-
mittee pursuant to this Act shall be made solely on the 
basis of the best available science. 
(d) NO REPLACEMENT OF EXISTING ENTITIES.— 
(1) The establishment of the Committee shall 
not replace any existing Federal or interagency com-
mittee, task force, or study team. 
(2) The functions of the Committee shall be 
limited to those mandated by this Act and shall not 
replace, repeal, or subsume any authority or func-
tion delegated to any other Federal or interagency 
entity. 
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SEC. 5. PERMITTED TAKING OF GRIZZLY BEARS. 
(a) IN GENERAL.—The Secretary may issue a permit 
in accordance with this section authorizing the taking, 
possession, or transportation of a grizzly bear, or any part 
thereof, that is otherwise prohibited by section 3. 
(b) CONDITIONS.—The Secretary may issue a permit 
under this section only if the Secretary has— 
(1) investigated the circumstances that gave 
rise to the permit application; 
(2) determined that such taking, possession, or 
transportation 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 
transportation is an allowable taking, possession, or 
transportation under subsection (c). 
(c) ALLOWABLE TAKINGS, POSSESSIONS, OR TRANS-
PORTS.—For the purpose of subsection (b)(3), an allow-
able taking, possession, or transportation 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 
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(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 
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 
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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 Committee and each 
federally recognized Indian Tribe identified 
in the report required under section 
8(a)(2), that the grizzly bear cannot be re-
located to support— 
(I) efforts under section 8 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-
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agency Grizzly Bear Study Team, the Interagency Grizzly 
Bear Committee, or any relevant subcommittee thereof. 
(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, 
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 transportation; and 
(2) the provisions of this Act. 
SEC. 6. LIVESTOCK LOSS PREVENTION. 
The Omnibus Public Land Management Act of 2009 
(Public Law 111–11; 7 U.S.C. 8351 note) is amended— 
(1) in section 6202 (7 U.S.C. 8351 note)— 
(A) in the heading of such section, by in-
serting ‘‘AND GRIZZLY BEAR’’ after ‘‘WOLF’’; 
(B) in subsection (a)— 
(i) by striking ‘‘5-year’’; and 
(ii) in paragraph (1), by inserting 
‘‘and grizzly bears’’ after ‘‘wolves’’; and 
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(C) in subsection (b)(2)(A), by inserting 
‘‘and grizzly bears’’ after ‘‘wolves’’; and 
(2) in section 6203 (7 U.S.C. 8351 note), by 
striking ‘‘$1,000,000 for fiscal year 2009’’ and in-
serting ‘‘$5,000,000 for fiscal year 2020’’. 
SEC. 7. CONSULTATION WITH INDIAN TRIBES. 
(a) CONSULTATION REQUIRED BEFORE ISSUING 
PERMIT.—Before issuing a permit under this Act that au-
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 Committee; and 
(2) any 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 such Indian Tribe; 
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(2) shall be carried out through cooperative 
management agreements between the Secretary, the 
Secretary of Agriculture, and such Indian Tribe; and 
(3) may, at the option of such Indian Tribe, be 
entered into under the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 5301 et 
seq.). 
SEC. 8. REINTRODUCTION OF GRIZZLY BEARS ON TRIBAL 
LAND. 
(a) PUBLIC REPORT REQUIRED.— 
(1) STUDY.—The Committee, in consultation 
with each federally recognized 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 located 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 Committee 
shall make publicly available on the Department’s 
website 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 
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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. The Secretary shall notify the Governor of any State 
that is conterminous with any such Tribal land at the time 
such notice is provided to such Indian Tribe. 
(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 
its Tribal land, the Secretary shall coordinate with such 
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 Committee; 
(2) the traditional ecological knowledge of the 
respective federally recognized Indian Tribe; and 
(3) Secretarial Order 3342, issued by the Sec-
retary on the Interior on 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. 
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(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. 9. 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-
ures that the Interagency Grizzly Bear Study Team or the 
Committee 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; 
(2) located within the historical range of the 
grizzly bear pre-Lewis and Clark Expedition; and 
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(3) identified in the report required under sec-
tion 8(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’’. 
Æ 
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