,,ii #aahth ,,congress #b;d ,session ,s4 #eaae ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ai1 #bjbd,mr4 ,booker introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to support ,tribal co-stewardship1 restore and protect bison1 grizzly bear1 and wolf populations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,tribal ,heritage and ,american ,bison1 ,grizzly ,bear1 and ,wolf ,restoration and ,coexistence ,act4 #b4 ,findings ,congress finds that-- 7#a7 the ,american bison1 the grizzly bear1 and the wolf-- 7,a7 are iconic species that have important cultural significance to ,indigenous peoples of ,north ,america2 7,b7 play critical roles in maintaining ecosystem health and resilience2 and 7,c7 have been hunted to the point of eradication from large parts of the historical range of those species throughout most of the continental ,united ,states2 7#b7 the reduction or elimination of bison1 grizzly bears1 and wolves from the historical range of those species compromises the ecological integrity of ecosystems2 7#c7 the people of the ,united ,states support coexistence approaches to manage bison1 grizzly bears1 and wolves on the landscape as a public trust2 7#d7 many recovery efforts are restoring bison1 grizzly bears1 and wolves to suitable habitat within the historical range of those species in the continental ,united ,states1 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 habitat2 and 7#e7 this ,act builds on the success of the ,act of ,june #h1 #aidj 7#ed ,stat4 #bej1 chapter #bgh2 #af ,u4,s4,c4 #ffh et seq47 7commonly known as the ,bald and ,golden ,eagle ,protection ,act71 the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #acfa et seq471 and the ,national ,bison ,legacy ,act 7#cf ,u4,s4,c4 note prec4 #cja2 ,public ,law #aad-aeb7 by providing essential ,federal protections for bison1 grizzly bears1 and wolves4 #c4 ,definitions ,in this ,act3 7#a7 ,best available science 7,a7 ,in general ,the term best available science means scientific findings that-- 7i7 were reviewed by independent1 anonymous peers and published in a journal that-- 7,i7 is indexed in ,web of ,science 7or a successor platform72 and 7,,ii7 subscribes to the ,committee on ,publication ,ethics 7or a successor organization72 7ii7 are reproducible2 and 7iii7 have not been rebutted by #b or more independent scientific teams whose rebuttals are published in accordance with clauses 7i7 and 7ii74 7,b7 ,reproducible ,for purposes of subparagraph 7,a77ii71 the term reproducible means that the results are capable of being replicated and the data1 methods1 and results are shared transparently in the journal that published the scientific findings4 7,c7 ,rebuttal ,for purposes of subparagraph 7,a77iii71 the term rebuttal includes-- 7i7 re-analysis using more robust statistical design2 7ii7 failed efforts at replication2 and 7iii7 demonstrations that the methods are impossible to replicate4 7#b7 ,bison ,the term bison means a member of the species ,bison bison4 7#c7 ,committee ,the term ,committee means a committee established under section #e7;a74 7#d7 ,covered species ,the term covered species1 as applicable1 means bison1 grizzly bears1 and wolves4 7#e7 ,grizzly bear ,the term grizzly bear means a member of the species ,ursus arctos horribilis4 7#f7 ,historical range ,the term historical range1 with respect to a covered species1 means the range of a covered species1 as determined by the ,committee using the best available scientific and historical information4 7#g7 ,nonlethal measure ,the term nonlethal measure means an activity designed to minimize attractants or scare away or deter a bison1 grizzly bear1 or wolf without wounding1 restraining1 or trapping the bison1 grizzly bear1 or wolf4 7#h7 ,public land ,the term public land means land managed by the ,bureau of ,land ,management4 7#i7 ,scientific society ,the term scientific society means an organization-- 7,a7 the mission of which is dedicated to #a or more sciences2 7,b7 that is explicitly nonpartisan2 7,c7 the members of which are scientists2 and 7,d7 the officers and staff of which do not engage in lobbying or other actions prohibited to organizations described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of that ,code4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#aa7 ,take 7,a7 ,in general ,the term take means to harass1 pursue1 hunt1 shoot1 wound1 kill1 trap1 capture1 or collect1 or to attempt to engage in any such conduct4 7,b7 ,exclusion ,the term take does not include the use of nonlethal measures to protect agricultural interests or public safety4 7#ab7 ,tribal land ,the term ,tribal land means-- 7,a7 land located within the boundaries of an ,indian reservation1 pueblo1 or rancheria2 and 7,b7 land not located within the boundaries of an ,indian reservation1 pueblo1 or rancheria title to which is held-- 7i7 in trust by the ,united ,states for benefit of a federally recognized ,indian ,tribe or an individual ,indian2 7ii7 by a federally recognized ,indian ,tribe or an individual ,indian1 subject to restriction against alienation under laws of the ,united ,states2 or 7iii7 by a dependent ,indian community4 7#ac7 ,wolf ,the term wolf means a member of the species ,canis lupus or ,canis rufus1 or their wild hybrids4 #d4 ,protection of bison1 grizzly bears1 and wolves 7a7 ,prohibited acts ,subject to subsection 7b71 it is unlawful for any person-- 7#a7 to take1 possess1 purchase1 sell1 or transport a covered species1 or any product or part thereof2 7#b7 to violate any condition of a permit issued under section #f7;a72 or 7#c7 to violate any regulation issued by the ,secretary pursuant to this ,act4 7b7 ,exceptions ,subsection 7a7 shall not apply to-- 7#a7 captive-bred bison intended for human consumption2 7#b7 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 danger1 as determined by the ,secretary2 7#c7 taking1 possessing1 purchasing1 selling1 or transporting a covered species1 or any product or part thereof1 for the religious1 cultural1 and treaty reserved purposes of a federally recognized ,indian ,tribe2 or 7#d7 possessing1 purchasing1 selling1 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 ,act4 7c7 ,civil penalties 7#a7 ,in general ,subject to the requirements of paragraph 7#b71 any person who violates subsection 7a7 may be assessed a civil penalty by the ,secretary of not more than #be1jjj for each violation4 7#b7 ,hearing and notice ,the ,secretary may not assess a penalty under paragraph 7#a7 unless the ,secretary gives the person notice and an opportunity for a hearing with respect to the violation4 7#c7 ,failure to pay 7,a7 ,civil action authorized 7i7 ,in general ,on failure to pay a penalty assessed under paragraph 7#a71 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 found1 resides1 or transacts business to collect the penalty4 7ii7 ,jurisdiction ,the district court of the ,united ,states in which an action is brought under clause 7i7 shall have jurisdiction to hear and decide the action4 7,b7 ,deference to ,secretary ,in any action brought under subparagraph 7,a77i71 the applicable district court of the ,united ,states shall sustain the determination of the ,secretary to assess a penalty under paragraph 7#a7 if that determination is supported by substantial evidence4 7d7 ,criminal penalties 7#a7 ,in general 7,a7 ,first violation ,any person who knowingly violates subsection 7a7 shall be fined not more than #ej1jjj1 imprisoned not more than #a year1 or both4 7,b7 ,subsequent violations ,in the case of a second or subsequent violation of subsection 7a71 a person shall be fined not more than #ge1jjj1 imprisoned not more than #b years1 or both4 7,c7 ,separate offense ,each violation of subsection 7a7 is a separate offense4 7#b7 ,payment of fine to informants #a_/b of the amount of each fine assessed under subparagraph 7,a7 or 7,b7 of paragraph 7#a7 shall be paid to any person that gives information leading to a conviction under this subsection4 7#c7 ,clarification ,in a prosecution under this subsection for a violation of subsection 7a71 the ,federal ,government shall not be required to prove that the violator knew that the animal taken was a covered species4 7e7 ,cancellation of grazing authorizations 7#a7 ,in general ,any lease1 license1 permit1 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 7d77#a74 7#b7 ,no liability of ,united ,states ,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 under paragraph 7#a74 7f7 ,donation of grazing permits and leases 7#a7 ,in general ,beginning in fiscal year #bjbe1 the ,secretary1 with respect to public land1 and the ,secretary of ,agriculture1 with respect to ,national ,forest ,system land 7referred to in this subsection as the ,secretary concerned71 shall accept the donation of any valid existing leases or permits authorizing grazing on public land or ,national ,forest ,system land1 as applicable1 for the purpose of reducing conflicts between permitted livestock and covered species4 7#b7 ,termination ,with respect to each permit or lease donated under paragraph 7#a71 the ,secretary concerned shall-- 7,a7 terminate the grazing permit or lease2 and 7,b7 except as provided in paragraph 7#c71 ensure a permanent end to grazing on the public land or ,national ,forest ,system land1 as applicable1 covered by the permit or lease4 7#c7 ,common allotments ,if land covered by a permit or lease donated under paragraph 7#a7 is also covered by another valid grazing permit or lease that is not donated under that paragraph1 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 #e-year period preceding the date on which the permit or lease is donated under that paragraph4 #e4 ,establishment of bison1 grizzly bear1 and wolf restoration and coexistence committees 7a7 ,establishment ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall establish #c committees1 #a for each covered species1 to carry out the requirements of this ,act4 7b7 ,membership ,each ,committee shall be composed of members1 to be appointed by the ,secretary1 in accordance with the following3 7#a7 ,regional representation of federally recognized ,indian ,tribes ,each region of each ,committee1 as described in subsection 7c71 shall include #c members of federally recognized ,indian ,tribes1 to be nominated by those federally recognized ,indian ,tribes1 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-- 7,a7 inhabited by a covered species2 7,b7 located within the historical range of the covered species2 or 7,c7 identified in the report required under section #h7;a77#a77;,b7 as suitable to support populations of the covered species4 7#b7 ,at-large members ,each ,committee shall include #h at-large members1 which shall be composed of #a scientific expert representative from each of the following ,federal and ,state agencies 7designated by the applicable agency73 7,a7 ,the ,united ,states ,fish and ,wildlife ,service4 7,b7 ,the ,national ,park ,service4 7,c7 ,the ,forest ,service4 7,d7 ,the ,animal and ,plant ,health ,inspection ,service of the ,department of ,agriculture4 7,e7 ,the ,bureau of ,land ,management4 7,f7 ,the ,bureau of ,indian ,affairs4 7,g7 ,the ,united ,states ,geological ,survey4 7,h7 ,a ,state wildlife agency with expertise in successful coexistence and restoration efforts for the covered species4 7#c7 ,regional nongovernmental representatives ,each ,committee shall include #c nongovernmental representatives with-- 7,a7 established regional scientific expertise from regions that are key historic habitats of the covered species2 and 7,b7 expertise in wildlife restoration and coexistence efforts with respect to the covered species4 7c7 ,establishment of regions ,the ,secretary shall establish #h regions within each ,committee1 which shall correspond to the following geographic regions of the ,united ,states ,fish and ,wildlife ,service3 7#a7 ,pacific4 7#b7 ,southwest4 7#c7 ,midwest4 7#d7 ,southeast4 7#e7 ,northeast4 7#f7 ,mountain-,prairie4 7#g7 ,alaska4 7#h7 ,pacific ,southwest4 7d7 ,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 methodology4 7e7 ,no replacement of existing entities 7#a7 ,in general ,the establishment of a ,committee shall not replace any existing ,federal or interagency committee1 task force1 or study team4 7#b7 ,limitations ,the functions of a ,committee-- 7,a7 shall be limited to those provided by this ,act2 and 7,b7 shall not replace1 repeal1 or subsume any authority or function delegated to any other ,federal or interagency committee1 task force1 or study team4 7f7 ,implementation of depredation and coexistence grant programs ,notwithstanding any other provision of law1 each ,committee shall-- 7#a7 review applications for assistance under the grant program established under subsection 7b7 of section #ajb of ,america's ,conservation ,enhancement ,act 7#g ,u4,s4,c4 #hcee72 and 7#b7 make award recommendations to the ,secretaries 7as defined in subsection 7a7 of that section7 with respect to those applications4 #f4 ,permitted taking of bison1 grizzly bears and wolves 7a7 ,in general ,the ,secretary may issue a permit in accordance with this section authorizing the taking1 possession1 or transportation of a covered species1 or any product or part thereof1 that is otherwise prohibited by section #d7;a74 7b7 ,conditions ,the ,secretary may issue a permit under subsection 7a7 only if the ,secretary has-- 7#a7 investigated the circumstances that gave rise to the permit application2 and 7#b7 determined that the taking1 possession1 or transportation is an allowable taking1 possession1 or transportation under subsection 7c74 7c7 ,allowable takings1 possessions1 or transports ,subject to subsection 7d71 for purposes of subsection 7b77#b71 an allowable taking1 possession1 or transportation is any of the following3 7#a7 ,scientific or conservation purposes ,taking1 possessing1 or transporting a covered species1 or any product or part thereof1 for scientific purposes1 to rehabilitate an injured animal1 or to enhance the propagation or survival of the covered species1 by a-- 7,a7 public museum2 7,b7 scientific society2 7,c7 wildlife sanctuary1 preserve1 or rehabilitation facility2 or 7,d7 zoological park that is accredited by the ,association of ,zoos and ,aquariums4 7#b7 ,bison population control 7,a7 ,in general ,subject to subparagraph 7,b71 taking of bison to control overpopulation in a specific geographic area1 as determined necessary by the ,secretary4 7,b7 ,requirements ,prior to making a determination under subparagraph 7,a7 with respect to a taking of a bison1 the ,secretary shall determine1 in consultation with the applicable ,committee1 that the bison cannot be relocated to support efforts under section #h to reintroduce bison on-- 7i7 ,tribal land2 or 7ii7 usual and accustomed areas where federally recognized ,indian ,tribes have treaty reserved rights on ,federal land4 7#c7 ,protection of agricultural interests or public safety 7,a7 ,in general ,subject to subparagraph 7,b71 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 location4 7,b7 ,requirements for taking ,prior to making a determination under subparagraph 7,a7 with respect to a taking-- 7i7 the ,governor of the ,state in which the taking will occur shall request1 in writing1 that the ,secretary make the determination2 7ii7 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 safety2 and 7iii7 the ,secretary shall determine1 in consultation with the applicable ,committee1 that1 for any grizzly bear or wolf which poses a threat to agricultural interests1 the grizzly bear or wolf cannot be relocated to support-- 7,i7 efforts under section #h to reintroduce grizzly bears and wolves on-- 7aa7 ,tribal land2 or 7bb7 usual and accustomed areas where federally recognized ,indian ,tribes have treaty reserved rights on ,federal land2 or 7,,ii7 recovery efforts for the populations of the covered species 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 subsection 7a7 for an allowable use described in subsection 7c77#a7 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 limit1 as determined by the applicable ,committee4 7e7 ,nonalienability ,any person issued a permit under subsection 7a7 may not sell1 transfer1 assign1 or otherwise alienate the authority granted to the person by the permit4 7f7 ,conduct requirements ,taking1 possessing1 or transporting a covered species1 or any product or part thereof1 with a permit issued under subsection 7a7 shall be conducted in a manner consistent with the conditions of that permit4 7g7 ,permits issued under the ,,esa ,a permit issued under section #aj7;a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci7;a77 for a covered species shall be treated as a permit issued under subsection 7a74 #g4 ,consultation with federally recognized ,indian ,tribes 7a7 ,consultation required before issuing permit ,before issuing a permit under section #f7;a7 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 land1 the ,secretary shall consult with the applicable federally recognized ,indian ,tribe4 7b7 ,consultation required before taking major ,federal action ,before taking any major ,federal action that may negatively impact covered species habitat or increase covered species mortality1 a ,federal agency shall consult with-- 7#a7 the applicable ,committee2 and 7#b7 any federally recognized ,indian ,tribe-- 7,a7 the ,tribal land of which may be impacted by the ,federal action2 and 7,b7 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 action4 7c7 ,requirements ,any consultation conducted with a federally recognized ,indian ,tribe under subsection 7b77#b7 shall be-- 7#a7 meaningful and conducted with the free1 prior1 and informed consent or resolution of the federally recognized ,indian ,tribe2 and 7#b7 carried out through cooperative management agreements between the ,secretary1 the ,secretary of ,agriculture1 and the federally recognized ,indian ,tribe4 #h4 ,restoration of bison1 grizzly bears1 or wolves 7a7 ,reintroduction of bison1 grizzly bears1 or wolves on tribal land 7#a7 ,study2 report 7,a7 ,study ,each ,committee1 in consultation with each federally recognized ,indian ,tribe whose ,tribal land is located within the historical range of the covered species1 whose ,tribal land is currently inhabited by the covered species1 or that has usual and accustomed areas where the federally recognized ,indian ,tribe has treaty reserved rights on ,federal land1 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 populations4 7,b7 ,report ,not later than #b years after the date of enactment of this ,act1 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 7,a74 7#b7 ,notifications ,not later than #cj days after the date on which a report is made available under subparagraph 7,b7 of paragraph 7#a71 the ,secretary shall notify-- 7,a7 each federally recognized ,indian ,tribe whose ,tribal land was identified in the study conducted under subparagraph 7,a7 of that paragraph that the federally recognized ,indian ,tribe has land that is suitable to support covered species populations2 7,b7 each federally recognized ,indian ,tribe with treaty reserved rights on usual and accustomed areas on ,federal land identified in the study conducted under subparagraph 7,a7 of that paragraph that the land is suitable to support covered species populations2 and 7,c7 the ,governor of any ,state in which the ,tribal land described in subparagraph 7,a7 or usual and accustomed areas where federally recognized ,indian ,tribes have treaty reserved rights on ,federal land described in subparagraph 7,b7 is located4 7#c7 ,reintroduction ,if a federally recognized ,indian ,tribe notified under paragraph 7#b77;,a7 notifies the ,secretary that the federally recognized ,indian ,tribe requests the reintroduction of a covered species on the land of the federally recognized ,indian ,tribe1 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 7#b7 or 7#c7 of section #f7;c74 7#d7 ,manner of reintroduction ,the reintroduction of a covered species under paragraph 7#c7 on ,tribal land shall be carried out by the ,secretary and the relevant federally recognized ,indian ,tribe in a manner that is consistent with-- 7,a7 the scientific advice of the applicable ,committee2 7,b7 the traditional ecological knowledge of the federally recognized ,indian ,tribe2 and 7,c7 ,secretarial ,order #cdjc1 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 #ae1 #bjba4 7#e7 ,management ,the relevant federally recognized ,indian ,tribes1 in consultation with the ,secretary1 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 ,tribes1 as described in the documents entitled-- 7,a7 ,the ,grizzly3 ,a ,treaty of ,cooperation1 ,cultural ,revitalization and ,restoration 7commonly known as the ,grizzly ,treaty72 7,b7 ,the ,buffalo3 ,a ,treaty of ,cooperation1 ,renewal1 and ,restoration 7commonly known as the ,buffalo ,treaty72 and 7,c7 ,the ,wolf3 ,a ,treaty of ,cultural and ,environmental ,survival 7commonly known as the ,wolf ,treaty74 7#f7 ,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 section4 7b7 ,other restoration efforts ,nothing in this ,act affects any effort by the ,secretary to reintroduce a covered species on land not described in this section4 #i4 ,limitation on use of lethal wildlife control measures 7a7 ,in general ,the ,secretary or the ,secretary of ,agriculture shall prohibit on public land or ,national ,forest ,system land1 as applicable1 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 species4 7b7 ,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 species4 #aj4 ,savings provision ,nothing in this ,act impedes the implementation of the ,bison ,conservation and ,transfer ,program of the ,national ,park ,service4