[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6267 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 6267
To establish a process for State determinations with respect to Canis
lupus reintroduction, to protect ungulate, stock animal, and dog
populations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 12, 2020
Mr. Tipton introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To establish a process for State determinations with respect to Canis
lupus reintroduction, to protect ungulate, stock animal, and dog
populations, and for other purposes.
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 ``State- and Science-based Gray Wolf
Reintroduction Act of 2020''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) For the last 20 years, scientists at the United States
Fish and Wildlife Service have recommended against further
reintroduction of gray wolves in the Northern Rocky Mountains
where the species has already exceeded recovery goals.
(2) The United States Fish and Wildlife Service wrote in
the final rule titled ``Endangered and Threatened Wildlife and
Plants; Final Rule To Reclassify and Remove the Gray Wolf From
the List of Endangered and Threatened Wildlife in Portions of
the Conterminous United States; Establishment of Two Special
Regulations for Threatened Gray Wolves'' (68 Fed. Reg. 15803;
April 1, 2003) that ``[e]stablishing additional populations
would provide no additional genetic benefits to wolf recovery
under the Act. . .'' and ``new recovery programs are not
necessary to achieve recovery of the gray wolf under the Act
either as formerly listed in the 48 States and Mexico or under
the new listings established by this final rule''.
(3) Under President Obama, the United States Fish and
Wildlife Service published a final rule on April 2, 2009,
titled ``Endangered and Threatened Wildlife and Plants; Final
Rule To Identify the Western Great Lakes Populations of Gray
Wolves as a Distinct Population Segment and To Revise the List
of Endangered and Threatened Wildlife'' (74 Fed. Reg. 15070),
which states that the United States Fish and Wildlife Service
has identified a distinct population segment of the gray wolf
in the Northern Rocky Mountains of the United States and
revises the List of Endangered and Threatened Wildlife by
removing gray wolves within the Northern Rocky Mountain
distinct population segment boundary, except in Wyoming.
(4) Under President Obama, the United States Fish and
Wildlife Service published a final rule on September 10, 2012
(77 Fed. Reg. 55530), that was reinstated on March 3, 2017, by
the decision of the United States Court of Appeals for the
District of Columbia (No. 14-5300), and further republished on
May 1, 2017 (82 Fed. Reg. 20284), which states that the best
scientific and commercial data available indicate that gray
wolves in Wyoming have recovered and are no longer in need of
protection under the Endangered Species Act of 1973.
SEC. 3. STATE REINTRODUCTION OF CANIS LUPUS.
(a) State Petition for Reintroduction.--If Canis lupus is listed as
an endangered species or threatened species pursuant to section 4(a) of
the Endangered Species Act of 1973 (16 U.S.C. 1533(a)), or is part of a
monitoring strategy under section (4)(g) of such Act, a State may not
reintroduce Canis lupus within the boundaries of such State unless--
(1) the Governor of such State submits to the Secretary a
petition that includes the information described in subsection
(b); and
(2) such petition is approved by the Secretary.
(b) Information Described.--The information described in this
subsection is the following:
(1) A science-based finding from the State fish and
wildlife department that reintroduction of Canis lupus is
necessary--
(A) to support a Canis lupus recovery plan
developed under section 4(f) of the Endangered Species
Act of 1973 (16 U.S.C. 1533(f)); or
(B) to support Canis lupus monitoring under section
4(g) of such Act.
(2) A description of the impact that Canis lupus
reintroduction will have on the wild ungulate population of the
State.
(3) A description of--
(A) the wild ungulate population management
objectives of such State;
(B) the Federal resources the State uses to
maintain and meet such objectives; and
(C) how Canis lupus reintroduction may impact such
objectives and resources.
(c) Notice of Petition.--Not later than 30 days after the date on
which the Secretary receives a State petition for reintroduction of
Canis lupus under subsection (a), the Secretary shall--
(1) provide to each chief executive of an affected county
notice of the State petition; and
(2) solicit from each such chief executive--
(A) information about the anticipated effects of
such reintroduction, including how--
(i) hunting opportunities for wild ungulate
populations in the county could be impacted by
such reintroduction and the estimated economic
effect of any expected reduction in such
opportunities; and
(ii) such reintroduction could result in
losses of stock animals within the county and
the economic impact of such losses; and
(B) a recommendation for approval or denial of the
petition.
(d) Effect of County Determination.--Not later than 6 months after
the date on which the Secretary makes a solicitation under subsection
(c)(2), if a chief executive of an affected county submits to the
Secretary a recommendation under subsection (c)(2)(B) that the relevant
petition be denied, the Secretary may not approve such petition
pursuant to subsection (a)(2).
(e) Protection of Stock Animals and Dogs.--
(1) In general.--If the Secretary approves a petition
pursuant to subsection (a)(2), and if a person meets the
requirements described in paragraph (2), such person may take a
Canis lupus that is attacking a stock animal or dog.
(2) Requirements described.--The requirements described in
this paragraph are the following:
(A) The person is not--
(i) trespassing; or
(ii) on land administered by the Director
of the National Park Service.
(B) The person did not intentionally bait, feed, or
otherwise attract the Canis lupus.
(f) Definitions.--In this section:
(1) Chief executive of an affected county.--The term
``chief executive of an affected county'' means the highest
elected or appointed executive of each county in which Canis
lupus would be reintroduced pursuant to a State petition
submitted under subsection (a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State fish and wildlife department.--The term ``State
fish and wildlife department'' has the meaning given such term
in section 2 of the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669a).
(4) Stock animal.--The term ``stock animal'' means cattle,
sheep, horses, goats, and other domestic animals ordinarily
raised or used on a farm.
(5) Take.--The term ``take'' has the meaning given such
term in section 3 of the Endangered Species Act of 1973 (16
U.S.C. 1532).
(6) Wild ungulate population.--The term ``wild ungulate
population'' means deer, elk, moose, bighorn sheep, mountain
goats, antelope, and bison.
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