[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2070 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2070
To clarify that noncommercial species found entirely within the borders
of a single State are not in interstate commerce or subject to
regulation under the Endangered Species Act of 1973 or any other
provision of law enacted as an exercise of the power of Congress to
regulate interstate commerce.
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IN THE SENATE OF THE UNITED STATES
June 15, 2021
Mr. Lee (for himself, Mr. Paul, Mr. Inhofe, and Mr. Cruz) introduced
the following bill; which was read twice and referred to the Committee
on Environment and Public Works
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A BILL
To clarify that noncommercial species found entirely within the borders
of a single State are not in interstate commerce or subject to
regulation under the Endangered Species Act of 1973 or any other
provision of law enacted as an exercise of the power of Congress to
regulate interstate commerce.
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 ``Native Species Protection Act''.
SEC. 2. TREATMENT OF INTRASTATE SPECIES.
(a) Definition of Intrastate Species.--In this Act, the term
``intrastate species'' means any species of plant or fish or wildlife
(as those terms are defined in section 3 of the Endangered Species Act
of 1973 (16 U.S.C. 1532)) that is--
(1) found entirely within the borders of a single State;
and
(2) not part of a national market for any commodity.
(b) Treatment.--An intrastate species shall not be--
(1) considered to be in interstate commerce; and
(2) subject to regulation under--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); or
(B) any other provision of law under which
regulatory authority is based on the power of Congress
to regulate interstate commerce as enumerated in
article I, section 8, clause 3 of the Constitution of
the United States.
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