I 114th CONGRESS 2d Session H. R. 5751 IN THE HOUSE OF REPRESENTATIVES July 13, 2016 Mr. Chaffetz (for himself, Mr. Stewart , Mrs. Love , Mr. Tipton , Mr. Zinke , and Mrs. Lummis ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide that any State whose wildlife agency has determined that a portion of the State is within the current range of the Shiras Moose may take management actions on certain Federal lands within that State to stem decline of that species’ population in that State, and for other purposes.

1. Short title This Act may be cited as the Shiras Moose Protection and Recovery Act . 2. State management actions on Federal lands to stem decline of Shiras Moose (a) In general Any State whose wildlife agency has determined that a portion of the State is within the current range of the Shiras Moose (Alces alces) may take management actions on covered Federal lands within that State to stem decline of that species’ population in that State. (b) Monitoring (1) In general Any State taking management actions on covered Federal lands with respect to Shiras Moose shall monitor that species’ population within that State for a period of not less than __ years following the enactment of this Act. (2) Funding (A) Authorization There is authorized to be appropriated $____ for costs of State monitoring under this section. (B) Allocation Amounts appropriated under this paragraph shall be allocated and distributed among States based on— (i) the estimated number of acres of covered Federal land in each State that is Shiras Moose habitat, divided by (ii) the number of acres of current covered Federal land in States that is Shiras Moose habitat. (C) Calculation For purposes of subparagraph (B), the number of acres of Shiras Moose habitat in a State shall be calculated by the head of the State agency with authority over wildlife management. (c) Recovery plans (1) In general Where monitoring, combined with existing State science on the Shiras Moose population trends, shows an unacceptable decline in the populations of such species as determined by a State wildlife agency, the State may formulate a recovery plan to mitigate the population decline. (2) Funding (A) In general The Director of the United States Fish and Wildlife Service shall provide to any State that formulates a recovery plan, upon request of the State, funding for implementation of the plan from funds appropriated to the United States Fish and Wildlife Service to implement its Northern Rocky Mountain Gray Wolf Recovery Plan and any of its other gray wolf recovery or monitoring plans. (B) Allocation If State requests for such funds exceed the funds so appropriated to the United States Fish and Wildlife Service for any fiscal year, the Director shall distribute such funds to such States on the same basis that funds are distributed under subsection (b)(2)(B). (d) Utah and Colorado Each of the States of Utah and Colorado— (1) may manage Shiras Moose and their predators on Federal, State, and private lands to prevent declines in moose populations within that State; and (2) shall collect, analyze, and disseminate data on the results of such management. (e) Issuance of final rule Before the end of the 60-day period beginning on the date of the enactment of this Act, the Secretary of the Interior shall issue as a final rule the draft rule entitled Removing the Gray Wolf (Canis lupus) From the List of Endangered and Threatened Wildlife and Maintaining Protections for the Mexican Wolf (Canis lupus baileyi) by Listing It as Endangered as published on June 13, 2013 (78 Fed. Reg. 35664), without regard to any other provision of statute that applies to issuance of such rule. (f) Exemption of judicial review The requirements and implementation of this Act are not subject to judicial review. (g) Relationship to other law This section shall apply notwithstanding any other provision of statute or regulation. (h) Covered federal land defined For purposes of this section the term Federal land means— (1) public lands, as that term is defined in section 103(e) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702(e) ); (2) lands in the National Forest System, as such System is declared and defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ); and (3) any area of the National Park System, as that term is defined in section 1.4 of title 36, Code of Federal Regulations (as in effect on the date of the enactment of this Act).