Title: Native Species Protection Act
Policy area: Environmental Protection

Summary:
Native Species Protection Act
This bill prohibits an intrastate species from being subject to (1) regulation governing the protection of endangered or threatened species, or (2) provisions of law under which regulatory authority is based on the power of Congress to regulate interstate commerce under the Commerce Clause.
An intrastate species is any species of plant or fish or wildlife that is found entirely within the borders of a single state and is not part of a national market for any commodity.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2070 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2070

To clarify that noncommercial species found entirely within the borders 
    of a single State are not in interstate commerce or subject to 
   regulation under the Endangered Species Act of 1973 or any other 
  provision of law enacted as an exercise of the power of Congress to 
                     regulate interstate commerce.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 15, 2021

 Mr. Lee (for himself, Mr. Paul, Mr. Inhofe, and Mr. Cruz) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To clarify that noncommercial species found entirely within the borders 
    of a single State are not in interstate commerce or subject to 
   regulation under the Endangered Species Act of 1973 or any other 
  provision of law enacted as an exercise of the power of Congress to 
                     regulate interstate commerce.

    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 ``Native Species Protection Act''.

SEC. 2. TREATMENT OF INTRASTATE SPECIES.

    (a) Definition of Intrastate Species.--In this Act, the term 
``intrastate species'' means any species of plant or fish or wildlife 
(as those terms are defined in section 3 of the Endangered Species Act 
of 1973 (16 U.S.C. 1532)) that is--
            (1) found entirely within the borders of a single State; 
        and
            (2) not part of a national market for any commodity.
    (b) Treatment.--An intrastate species shall not be--
            (1) considered to be in interstate commerce; and
            (2) subject to regulation under--
                    (A) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.); or
                    (B) any other provision of law under which 
                regulatory authority is based on the power of Congress 
                to regulate interstate commerce as enumerated in 
                article I, section 8, clause 3 of the Constitution of 
                the United States.
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