Tribal Heritage and American Bison, Grizzly Bear, and Wolf Restoration and Coexistence Act

Bill: 118-s-5115
Sponsor: full_name: Sen. Booker, Cory A. [D-NJ]
Introduced: 2024-09-19
Policy area: Public Lands and Natural Resources
Latest action: action_date: 2024-09-19
text: Read twice and referred to the Committee on Environment and Public Works.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 5115 IN THE SENATE OF THE UNITED STATES September 19, 2024 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To support Tribal co-stewardship, restore and protect bison, grizzly bear, and wolf populations, and for other purposes.

1. Short title This Act may be cited as the Tribal Heritage and American Bison, Grizzly Bear, and Wolf Restoration and Coexistence Act . 2. Findings Congress finds that— (1) the American bison, the grizzly bear, and the wolf— (A) are iconic species that have important cultural significance to Indigenous peoples of North America; (B) play critical roles in maintaining ecosystem health and resilience; and (C) have been hunted to the point of eradication from large parts of the historical range of those species throughout most of the continental United States; (2) the reduction or elimination of bison, grizzly bears, and wolves from the historical range of those species compromises the ecological integrity of ecosystems; (3) the people of the United States support coexistence approaches to manage bison, grizzly bears, and wolves on the landscape as a public trust; (4) many recovery efforts are restoring bison, grizzly bears, and wolves to suitable habitat within the historical range of those species in the continental United States, but more is needed to ensure that those species regain a firm foothold with long term protection against eradication efforts due to intolerance and fragmentation of key habitat; and (5) this Act builds on the success of the Act of June 8, 1940 (54 Stat. 250, chapter 278; 16 U.S.C. 668 et seq. ) (commonly known as the Bald and Golden Eagle Protection Act ), the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ), and the National Bison Legacy Act (36 U.S.C. note prec. 301; Public Law 114–152 ) by providing essential Federal protections for bison, grizzly bears, and wolves. 3. Definitions In this Act: (1) Best available science (A) In general The term best available science means scientific findings that— (i) were reviewed by independent, anonymous peers and published in a journal that— (I) is indexed in Web of Science (or a successor platform); and (II) subscribes to the Committee on Publication Ethics (or a successor organization); (ii) are reproducible; and (iii) have not been rebutted by 2 or more independent scientific teams whose rebuttals are published in accordance with clauses (i) and (ii). (B) Reproducible For purposes of subparagraph (A)(ii), the term reproducible means that the results are capable of being replicated and the data, methods, and results are shared transparently in the journal that published the scientific findings. (C) Rebuttal For purposes of subparagraph (A)(iii), the term rebuttal includes— (i) re-analysis using more robust statistical design; (ii) failed efforts at replication; and (iii) demonstrations that the methods are impossible to replicate. (2) Bison The term bison means a member of the species Bison bison. (3) Committee The term Committee means a committee established under section 5(a). (4) Covered species The term covered species , as applicable, means bison, grizzly bears, and wolves. (5) Grizzly bear The term grizzly bear means a member of the species Ursus arctos horribilis. (6) Historical range The term historical range , with respect to a covered species, means the range of a covered species, as determined by the Committee using the best available scientific and historical information. (7) Nonlethal measure The term nonlethal measure means an activity designed to minimize attractants or scare away or deter a bison, grizzly bear, or wolf without wounding, restraining, or trapping the bison, grizzly bear, or wolf. (8) Public land The term public land means land managed by the Bureau of Land Management. (9) Scientific society The term scientific society means an organization— (A) the mission of which is dedicated to 1 or more sciences; (B) that is explicitly nonpartisan; (C) the members of which are scientists; and (D) the officers and staff of which do not engage in lobbying or other actions prohibited to organizations described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. (10) Secretary The term Secretary means the Secretary of the Interior. (11) Take (A) In general The term take means to harass, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. (B) Exclusion The term take does not include the use of nonlethal measures to protect agricultural interests or public safety. (12) Tribal land The term Tribal land means— (A) land located within the boundaries of an Indian reservation, pueblo, or rancheria; and (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 a federally recognized Indian Tribe or an individual Indian; (ii) by a federally recognized Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (iii) by a dependent Indian community. (13) Wolf The term wolf means a member of the species Canis lupus or Canis rufus, or their wild hybrids. 4. Protection of bison, grizzly bears, and wolves (a) Prohibited acts Subject to subsection (b), it is unlawful for any person— (1) to take, possess, purchase, sell, or transport a covered species, or any product or part thereof; (2) to violate any condition of a permit issued under section 6(a); or (3) to violate any regulation issued by the Secretary pursuant to this Act. (b) Exceptions Subsection (a) shall not apply to— (1) captive-bred bison intended for human consumption; (2) a taking that is based on a good faith belief that the taking is imminently necessary for self-defense or to prevent serious injury or save the life of a person in immediate danger, as determined by the Secretary; (3) taking, possessing, purchasing, selling, or transporting a covered species, or any product or part thereof, for the religious, cultural, and treaty reserved purposes of a federally recognized Indian Tribe; or (4) possessing, purchasing, selling, or transporting a product or part of a covered species if the product or part was in existence before the date of enactment of this Act. (c) Civil penalties (1) In general Subject to the requirements of paragraph (2), any person who violates subsection (a) may be assessed a civil penalty by the Secretary of not more than $25,000 for each violation. (2) Hearing and notice The Secretary may not assess a penalty under paragraph (1) unless the Secretary gives the person notice and an opportunity for a hearing with respect to the violation. (3) Failure to pay (A) Civil action authorized (i) In general On failure to pay a penalty assessed under paragraph (1), the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which the person is found, resides, or transacts business to collect the penalty. (ii) Jurisdiction The district court of the United States in which an action is brought under clause (i) shall have jurisdiction to hear and decide the action. (B) Deference to Secretary In any action brought under subparagraph (A)(i), the applicable district court of the United States shall sustain the determination of the Secretary to assess a penalty under paragraph (1) if that determination is supported by substantial evidence. (d) Criminal penalties (1) In general (A) First violation Any person who knowingly violates subsection (a) shall be fined not more than $50,000, imprisoned not more than 1 year, or both. (B) Subsequent violations In the case of a second or subsequent violation of subsection (a), a person shall be fined not more than $75,000, imprisoned not more than 2 years, or both. (C) Separate offense Each violation of subsection (a) is a separate offense. (2) Payment of fine to informants 1/2 of the amount of each fine assessed under subparagraph (A) or (B) of paragraph (1) shall be paid to any person that gives information leading to a conviction under this subsection. (3) Clarification In a prosecution under this subsection for a violation of subsection (a), the Federal Government shall not be required to prove that the violator knew that the animal taken was a covered species. (e) Cancellation of grazing authorizations (1) In general Any lease, license, permit, or agreement issued by the head of a Federal agency to a person authorizing the grazing of domestic livestock on Federal land shall be cancelled on the conviction of the person in an action brought under subsection (d)(1). (2) No liability of United States The United States shall not be liable for the payment of any compensation, reimbursement, or damages in connection with the cancellation of any lease, license, permit, or agreement under paragraph (1). (f) Donation of grazing permits and leases (1) In general Beginning in fiscal year 2025, the Secretary, with respect to public land, and the Secretary of Agriculture, with respect to National Forest System land (referred to in this subsection as the Secretary concerned ), shall accept the donation of any valid existing leases or permits authorizing grazing on public land or National Forest System land, as applicable, for the purpose of reducing conflicts between permitted livestock and covered species. (2) Termination With respect to each permit or lease donated under paragraph (1), the Secretary concerned shall— (A) terminate the grazing permit or lease; and (B) except as provided in paragraph (3), ensure a permanent end to grazing on the public land or National Forest System land, as applicable, covered by the permit or lease. (3) Common allotments If land covered by a permit or lease donated under paragraph (1) is also covered by another valid grazing permit or lease that is not donated under that paragraph, the Secretary concerned shall not allow the total grazing use on the land to exceed the average actual grazing use under the other valid grazing permit or lease for the 5-year period preceding the date on which the permit or lease is donated under that paragraph. 5. Establishment of bison, grizzly bear, and wolf restoration and coexistence committees (a) Establishment Not later than 90 days after the date of enactment of this Act, the Secretary shall establish 3 committees, 1 for each covered species, to carry out the requirements of this Act. (b) Membership Each Committee shall be composed of members, to be appointed by the Secretary, in accordance with the following: (1) Regional representation of federally recognized Indian Tribes Each region of each Committee, as described in subsection (c), shall include 3 members of federally recognized Indian Tribes, to be nominated by those federally recognized Indian Tribes, based on criteria that gives preference to individuals who would represent Tribal land or a usual and accustomed area where a federally recognized Indian Tribe has treaty reserved rights on Federal land that is— (A) inhabited by a covered species; (B) located within the historical range of the covered species; or (C) identified in the report required under section 8(a)(1)(B) as suitable to support populations of the covered species. (2) At-large members Each Committee shall include 8 at-large members, which shall be composed of 1 scientific expert representative from each of the following Federal and State agencies (designated by the applicable agency): (A) The United States Fish and Wildlife Service. (B) The National Park Service. (C) The Forest Service. (D) The Animal and Plant Health Inspection Service of the Department of Agriculture. (E) The Bureau of Land Management. (F) The Bureau of Indian Affairs. (G) The United States Geological Survey. (H) A State wildlife agency with expertise in successful coexistence and restoration efforts for the covered species. (3) Regional nongovernmental representatives Each Committee shall include 3 nongovernmental representatives with— (A) established regional scientific expertise from regions that are key historic habitats of the covered species; and (B) expertise in wildlife restoration and coexistence efforts with respect to the covered species. (c) Establishment of regions The Secretary shall establish 8 regions within each Committee, which shall correspond to the following geographic regions of the United States Fish and Wildlife Service: (1) Pacific. (2) Southwest. (3) Midwest. (4) Southeast. (5) Northeast. (6) Mountain-Prairie. (7) Alaska. (8) Pacific Southwest. (d) Determinations To be made on basis of best available science and methodology Determinations made by a Committee pursuant to this Act shall be solely based on the best available science and methodology. (e) No replacement of existing entities (1) In general The establishment of a Committee shall not replace any existing Federal or interagency committee, task force, or study team. (2) Limitations The functions of a Committee— (A) shall be limited to those provided by this Act; and (B) shall not replace, repeal, or subsume any authority or function delegated to any other Federal or interagency committee, task force, or study team. (f) Implementation of depredation and coexistence grant programs Notwithstanding any other provision of law, each Committee shall— (1) review applications for assistance under the grant program established under subsection (b) of section 102 of America's Conservation Enhancement Act ( 7 U.S.C. 8355 ); and (2) make award recommendations to the Secretaries (as defined in subsection (a) of that section) with respect to those applications. 6. Permitted taking of bison, grizzly bears and wolves (a) In general The Secretary may issue a permit in accordance with this section authorizing the taking, possession, or transportation of a covered species, or any product or part thereof, that is otherwise prohibited by section 4(a). (b) Conditions The Secretary may issue a permit under subsection (a) only if the Secretary has— (1) investigated the circumstances that gave rise to the permit application; and (2) determined that the taking, possession, or transportation is an allowable taking, possession, or transportation under subsection (c). (c) Allowable takings, possessions, or transports Subject to subsection (d), for purposes of subsection (b)(2), an allowable taking, possession, or transportation is any of the following: (1) Scientific or conservation purposes Taking, possessing, or transporting a covered species, or any product or part thereof, for scientific purposes, to rehabilitate an injured animal, or to enhance the propagation or survival of the covered species, by a— (A) public museum; (B) scientific society; (C) wildlife sanctuary, preserve, or rehabilitation facility; or (D) zoological park that is accredited by the Association of Zoos and Aquariums. (2) Bison population control (A) In general Subject to subparagraph (B), taking of bison to control overpopulation in a specific geographic area, as determined necessary by the Secretary. (B) Requirements Prior to making a determination under subparagraph (A) with respect to a taking of a bison, the Secretary shall determine, in consultation with the applicable Committee, that the bison cannot be relocated to support efforts under section 8 to reintroduce bison on— (i) Tribal land; or (ii) usual and accustomed areas where federally recognized Indian Tribes have treaty reserved rights on Federal land. (3) Protection of agricultural interests or public safety (A) In general Subject to subparagraph (B), taking of a grizzly bear or wolf during such time and in such location as the Secretary determines to be essential to protect agricultural interests or public safety in the location. (B) Requirements for taking Prior to making a determination under subparagraph (A) with respect to a taking— (i) the Governor of the State in which the taking will occur shall request, in writing, that the Secretary make the determination; (ii) the Secretary shall conclude that situationally appropriate nonlethal measures have been consistently used in the location and proven ineffective to mitigate the threat of the covered species to agricultural interests or public safety; and (iii) the Secretary shall determine, in consultation with the applicable Committee, that, for any grizzly bear or wolf which poses a threat to agricultural interests, the grizzly bear or wolf cannot be relocated to support— (I) efforts under section 8 to reintroduce grizzly bears and wolves on— (aa) Tribal land; or (bb) usual and accustomed areas where federally recognized Indian Tribes have treaty reserved rights on Federal land; or (II) recovery efforts for the populations of the covered species 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 exceed mortality limit The Secretary may not issue a permit under subsection (a) for an allowable use described in subsection (c)(1) if the taking of the covered species would cause the total mortality for any population or subpopulation of the covered species to exceed the scientifically recommended limit, as determined by the applicable Committee. (e) Nonalienability Any person issued a permit under subsection (a) may not sell, transfer, assign, or otherwise alienate the authority granted to the person by the permit. (f) Conduct requirements Taking, possessing, or transporting a covered species, or any product or part thereof, with a permit issued under subsection (a) shall be conducted in a manner consistent with the conditions of that permit. (g) Permits issued under the ESA A permit issued under section 10(a) of the Endangered Species Act of 1973 ( 16 U.S.C. 1539(a) ) for a covered species shall be treated as a permit issued under subsection (a). 7. Consultation with federally recognized Indian Tribes (a) Consultation required before issuing permit Before issuing a permit under section 6(a) that authorizes an activity to be carried out on the Tribal land of a federally recognized Indian Tribe or on usual and accustomed areas where federally recognized Indian Tribes have treaty reserved rights on Federal land, the Secretary shall consult with the applicable federally recognized Indian Tribe. (b) Consultation required before taking major Federal action Before taking any major Federal action that may negatively impact covered species habitat or increase covered species mortality, a Federal agency shall consult with— (1) the applicable Committee; and (2) any federally recognized Indian Tribe— (A) the Tribal land of which may be impacted by the Federal action; and (B) that has usual and accustomed areas where the federally recognized Indian Tribe has treaty reserved rights on Federal land that may be impacted by the Federal action. (c) Requirements Any consultation conducted with a federally recognized Indian Tribe under subsection (b)(2) shall be— (1) meaningful and conducted with the free, prior, and informed consent or resolution of the federally recognized Indian Tribe; and (2) carried out through cooperative management agreements between the Secretary, the Secretary of Agriculture, and the federally recognized Indian Tribe. 8. Restoration of bison, grizzly bears, or wolves (a) Reintroduction of bison, grizzly bears, or wolves on tribal land (1) Study; report (A) Study Each Committee, in consultation with each federally recognized Indian Tribe whose Tribal land is located within the historical range of the covered species, whose Tribal land is currently inhabited by the covered species, or that has usual and accustomed areas where the federally recognized Indian Tribe has treaty reserved rights on Federal land, shall conduct a study to identify Tribal land and usual and accustomed areas where federally recognized Indian Tribes have treaty reserved rights on Federal land that is suitable to support covered species populations. (B) Report Not later than 2 years after the date of enactment of this Act, each Committee shall make publicly available on the website of the Department of the Interior a report containing the results of the study conducted under subparagraph (A). (2) Notifications Not later than 30 days after the date on which a report is made available under subparagraph (B) of paragraph (1), the Secretary shall notify— (A) each federally recognized Indian Tribe whose Tribal land was identified in the study conducted under subparagraph (A) of that paragraph that the federally recognized Indian Tribe has land that is suitable to support covered species populations; (B) each federally recognized Indian Tribe with treaty reserved rights on usual and accustomed areas on Federal land identified in the study conducted under subparagraph (A) of that paragraph that the land is suitable to support covered species populations; and (C) the Governor of any State in which the Tribal land described in subparagraph (A) or usual and accustomed areas where federally recognized Indian Tribes have treaty reserved rights on Federal land described in subparagraph (B) is located. (3) Reintroduction If a federally recognized Indian Tribe notified under paragraph (2)(A) notifies the Secretary that the federally recognized Indian Tribe requests the reintroduction of a covered species on the land of the federally recognized Indian Tribe, the Secretary shall coordinate with the federally recognized Indian Tribe to reintroduce on that land members of the species for which a take permit has been issued by the Secretary pursuant to paragraph (2) or (3) of section 6(c). (4) Manner of reintroduction The reintroduction of a covered species under paragraph (3) on Tribal land shall be carried out by the Secretary and the relevant federally recognized Indian Tribe in a manner that is consistent with— (A) the scientific advice of the applicable Committee; (B) the traditional ecological knowledge of the federally recognized Indian Tribe; and (C) Secretarial Order 3403, entitled Joint Secretarial Order on Fulfilling the Trust Responsibility to Indian Tribes in the Stewardship of Federal Lands and Waters and issued by the Secretary on November 15, 2021. (5) Management The relevant federally recognized Indian Tribes, in consultation with the Secretary, shall manage covered species reintroduced on Tribal land under this section using the best available science and consistent with the cultural imperatives of those federally recognized Indian Tribes, as described in the documents entitled— (A) The Grizzly: A Treaty of Cooperation, Cultural Revitalization and Restoration (commonly known as the Grizzly Treaty ); (B) The Buffalo: A Treaty of Cooperation, Renewal, and Restoration (commonly known as the Buffalo Treaty ); and (C) The Wolf: A Treaty of Cultural and Environmental Survival (commonly known as the Wolf Treaty ). (6) Protection of public safety A grizzly bear or wolf that has been identified by the Secretary as a threat to public safety shall not be eligible for reintroduction under this section. (b) Other restoration efforts Nothing in this Act affects any effort by the Secretary to reintroduce a covered species on land not described in this section. 9. Limitation on use of lethal wildlife control measures (a) In general The Secretary or the Secretary of Agriculture shall prohibit on public land or National Forest System land, as applicable, the use of any lethal wildlife control measures if the applicable Committee determines that the use of those lethal measures on that land may result in the taking of a covered species. (b) Prohibition The Secretary and the Secretary of Agriculture shall prohibit Federal agency staff and contracted entities from using any lethal wildlife control measures on any land where the applicable Committee determines that the use of those lethal measures may result in the taking of a covered species. 10. Savings provision Nothing in this Act impedes the implementation of the Bison Conservation and Transfer Program of the National Park Service.