,i #aaeth ,,congress #ast ,session ,h4 ,r4 #chid ,,in ,,the ,,house ,,of ,,representatives ,october #b1 #bjag,mr4 ,grijalva introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on ,agriculture1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to protect grizzly bear populations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,tribal ,heritage and ,grizzly ,bear ,protection ,act4 #b4 ,protection of grizzly bears 7a7 ,prohibited acts ,except as provided in section #c1 it is unlawful for any person-- 7#a7 to take1 possess1 or transport a grizzly bear1 or any part thereof2 7#b7 to violate any condition of a permit issued under section #c2 or 7#c7 to violate any regulation issued by the ,secretary pursuant to this ,act4 7b7 ,nonapplication ,this ,act shall not apply to-- 7#a7 a grizzly bear1 or any part thereof1 in a population that is listed as a threatened species or an endangered species under section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc72 7#b7 a grizzly bear1 or any part thereof1 taken1 possessed1 or transported in the ,state of ,alaska2 or 7#c7 a taking that is imminently necessary for self-defense or to save the life of a person in immediate danger4 7c7 ,civil penalty 7#a7 ,knowing violation ,any person who knowingly violates subsection 7a7 may be assessed a civil penalty by the ,secretary under the first sentence of section #aa7;a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aedj7;a77 as if such person has knowingly violated a provision of such ,act4 7#b7 ,unknowing violation ,any person who1 other than knowingly1 violates subsection 7a7 may be assessed a civil penalty by the ,secretary under the third sentence of section #aa7;a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aedj7;a77 as if such person has otherwise violated a provision of such ,act4 7d7 ,criminal penalty ,any person who knowingly violates subsection 7a7 shall1 upon conviction1 be punished in the same manner as a person who commits a violation punishable under the first sentence of section #aa7;b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aedj7;b774 7e7 ,cancellation of grazing authorizations ,any lease1 license1 permit1 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 7a74 ,the ,united ,states shall not be liable for the payment of any compensation1 reimbursement1 or damages in connection with the cancellation of any lease1 license1 permit1 or agreement pursuant to this subsection4 #c4 ,permitted taking of grizzly bears 7a7 ,in general ,the ,secretary may issue a permit in accordance with this section authorizing the taking1 possession1 or transport of a grizzly bear1 or any part thereof1 that is otherwise prohibited by section #b4 7b7 ,conditions ,the ,secretary may issue a permit under this section only if the ,secretary has-- 7#a7 investigated the circumstances that gave rise to the permit application2 7#b7 determined that such taking1 possession1 or transport is compatible with the protection of the grizzly bear species or a population of grizzly bears occupying a geographically distinct area2 and 7#c7 determined that such taking1 possession1 or transport is an allowable taking1 possession1 or transport under subsection 7c74 7c7 ,allowable takings1 possessions1 or transports ,for the purpose of subsection 7b77#c71 an allowable taking1 possession1 or transport is any of the following3 7#a7 ,scientific or exhibition purposes ,taking1 possessing1 or transporting a grizzly bear1 or any part thereof1 for the scientific or exhibition purposes of a-- 7,a7 public museum2 7,b7 scientific society2 or 7,c7 zoological park that is accredited by the ,association of ,zoos and ,aquariums4 7#b7 ,religious purposes of federally recognized ,indian ,tribe ,taking1 possessing1 or transporting a grizzly bear1 or any part thereof1 for the religious purposes of a federally recognized ,indian ,tribe4 7#c7 ,protection of agricultural interests or public safety 7,a7 ,in general ,subject to subparagraph 7,b71 taking1 possessing1 or transporting a grizzly bear1 or any part thereof1 during such time period and in such location as the ,secretary determines to be necessary to protect agricultural interests or public safety in such location4 7,b7 ,requirements for taking ,before making a determination under subparagraph 7,a7 with respect to a taking-- 7i7 the ,governor of the ,state in which the taking will occur must request1 in writing1 that the ,secretary make such determination2 7ii7 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 safety2 and 7iii7 the ,secretary must determine1 in consultation with the ,interagency ,grizzly ,bear ,study ,team and each federally recognized ,indian ,tribe identified in the report required under section #f7;a77#b71 that the grizzly bear cannot be relocated to support-- 7,i7 efforts under section #f to reintroduce grizzly bears on ,tribal land2 or 7,,ii7 recovery efforts for a grizzly bear population listed as a threatened species or an endangered species under section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc74 7d7 ,no permits for takings that would exceed 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 population or subpopulation of grizzly bears to exceed the scientifically recommended limit determined by the ,interagency ,grizzly ,bear ,study ,team4 7e7 ,sport hunting ,nothing in this section may be construed to allow sport hunting of grizzly bears4 7f7 ,nonalienability ,a person who has been issued a permit under this section may not sell1 transfer1 assign1 or otherwise alienate the authority granted to such person by such permit4 7g7 ,conduct requirements ,taking1 possessing1 or transporting a grizzly bear1 or any part thereof1 under this ,act shall be conducted in a manner consistent with-- 7#a7 the conditions of the permit authorizing such taking1 possession1 or transport2 and 7#b7 the provisions of this ,act4 #d4 ,livestock loss prevention ,public ,law #aaa-aa is amended-- 7#a7 in section #fbjb 7#g ,u4,s4,c4 #dbf note7-- 7,a7 in the heading of such section1 by inserting and grizzly bear after ,wolf2 7,b7 in the matter preceding subsection 7a77#a71 by striking #e-year2 7,c7 in subsection 7a77#a71 by inserting and grizzly bears after wolves2 and 7,d7 in subsection 7b77#b77;,a71 by inserting and grizzly bears after wolves2 and 7#b7 in section #fbjc 7#g ,u4,s4,c4 #dbf note71 by striking #a1jjj1jjj for fiscal year #bjji and inserting #e1jjj1jjj for fiscal year #bjah4 #e4 ,consultation with ,indian ,tribes 7a7 ,consultation required before issuing permit ,before issuing a permit under this ,act that authorizes an activity to be carried out on the ,tribal land of a federally recognized ,indian ,tribe1 the ,secretary shall consult with such federally recognized ,indian ,tribe4 7b7 ,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 ,secretary of ,agriculture1 respectively1 shall consult with-- 7#a7 the ,interagency ,grizzly ,bear ,study ,team2 and 7#b7 the relevant federally recognized ,indian ,tribe4 7c7 ,requirement ,any consultation conducted with a federally recognized ,indian ,tribe under this section-- 7#a7 shall be meaningful and be conducted within a framework developed with the free1 prior1 and informed consent of that ,indian ,tribe2 7#b7 shall be carried out through cooperative management agreements between the ,secretary1 the ,secretary of ,agriculture1 and that ,indian ,tribe2 and 7#c7 may1 at the option of the ,indian ,tribe1 be entered into under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq474 #f4 ,reintroduction of grizzly bears on ,tribal land 7a7 ,public report required 7#a7 ,study ,the ,interagency ,grizzly ,bear ,study ,team1 in consultation with each federally recognized ,indian ,tribe whose ,tribal land is located within the historical range of the grizzly bear1 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 populations4 7#b7 ,report ,not later than #b years after the date of the enactment of this ,act1 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 7#a74 7b7 ,notification ,not later than #cj days after the report is made available under subsection 7a77#b71 the ,secretary shall notify each federally recognized ,indian ,tribe whose ,tribal land was identified in the report required under subsection 7a77#a7 that grizzly bears may be reintroduced on the identified ,tribal land in accordance with this ,act4 7c7 ,reintroduction ,if a federally recognized ,indian ,tribe notified under subsection 7b7 notifies the ,secretary that it agrees to have grizzly bears reintroduced on its ,tribal land1 the ,secretary shall coordinate with that federally recognized ,indian ,tribe to reintroduce grizzly bears to such ,tribal land4 7d7 ,manner of relocation ,the relocation of grizzly bears under subsection 7c7 shall be carried out by the ,secretary in a manner that is consistent with-- 7#a7 the scientific advice of the ,interagency ,grizzly ,bear ,study ,team2 7#b7 the traditional ecological knowledge of the respective federally recognized ,indian ,tribe2 and 7#c7 ,secretarial ,order #ccdb1 dated ,october #ba1 #bjaf4 7e7 ,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 section4 7f7 ,other reintroduction efforts ,nothing in this ,act shall affect any effort by the ,secretary to reintroduce a grizzly bear on lands other than the lands specified in this ,act4 #g4 ,miscellaneous 7a7 ,limitation on use of predator control measures ,the ,secretary or the ,secretary of ,agriculture1 respectively1 shall prohibit on lands under such ,secretary's jurisdiction the use of predator control measures that the ,interagency ,grizzly ,bear ,study ,team has determined may result in the inadvertent taking of grizzly bears4 7b7 ,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 ,tribes4 7c7 ,inclusion of members of federally recognized ,indian ,tribes on ,interagency ,grizzly ,bear ,committee ,the ,interagency ,grizzly ,bear ,committee shall include not less than #a member of each federally recognized ,indian ,tribe whose ,tribal land is-- 7#a7 inhabited by grizzly bears2 or 7#b7 identified in the report required under section #f7;a77#b7 as suitable to support grizzly bear populations4 7d7 ,partnership ,the ,secretary1 the ,secretary of ,agriculture1 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 ,tribes1 as defined in ,the ,grizzly3 ,a ,treaty of ,cooperation1 ,cultural ,revitalization and ,restoration4 #h4 ,definitions ,in this ,act3 7#a7 ,grizzly bear ,the term grizzly bear means a member of the subspecies ,ursus arctos horribilis4 7#b7 ,historical range of the grizzly bear ,the term historical range of the grizzly bear means the range determined by the ,interagency ,grizzly ,bear ,study ,team using the best available scientific and historical information4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#d7 ,take ,the term take means to harass1 harm1 pursue1 hunt1 shoot1 wound1 kill1 trap1 capture1 or collect1 or to attempt to engage in any such conduct4 7#e7 ,tribal land ,the term ,tribal land means-- 7,a7 land located within the boundaries of an ,indian reservation1 pueblo1 or ,rancheria2 7,b7 land not located within the boundaries of an ,indian reservation1 pueblo1 or ,rancheria1 title to which is held-- 7i7 in trust by the ,united ,states for benefit of an ,indian tribe or an individual ,indian2 7ii7 by an ,indian tribe or an individual ,indian1 subject to restriction against alienation under laws of the ,united ,states2 or 7iii7 by a dependent ,indian community2 and 7,c7 land that is owned by an ,indian tribe and was conveyed by the ,united ,states to a ,native ,corporation pursuant to the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq47 or that was conveyed by the ,united ,states to a ,native ,corporation in exchange for such land4