[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4997 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4997
To provide for determination of the grizzly bear species consistent
with the Endangered Species Act of 1973, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2023
Mr. Fulcher introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To provide for determination of the grizzly bear species consistent
with the Endangered Species Act of 1973, 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 ``Grizzly Bear Review and Resource
Restart Act of 2023''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the entity of grizzly bear (Ursus arctos horribilis) in
the conterminous lower 48 States of the United States, included
on the List of Endangered and Threatened Wildlife under section
17.11(h) of title 50, Code of Federal Regulations (or a
successor regulation), is not a species (as defined in section
3 of the Endangered Species Act of 1973 (16 U.S.C. 1532)), a
threatened species (as defined in that section), an endangered
species (as defined in that section), a taxonomic species, a
taxonomic subspecies, or a distinct population segment that
interbreeds when mature, and should not be subject to the
protections of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(2) removal of protections for the entity of grizzly bear
(Ursus arctos horribilis) in the conterminous lower 48 States
of the United States under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.), when those protections are
inconsistent with that Act or otherwise unnecessary, supports
prioritization of Federal conservation actions and resources
for species in much greater need of protections under that Act;
and
(3) continuing protections under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.) for the entity of grizzly bear
(Ursus arctos horribilis) in the conterminous lower 48 States
of the United States to not later than the date that is 2 years
after the date of enactment of this Act provides adequate time
for the Secretary of the Interior (referred to in this Act as
the ``Secretary'') to determine, by regulation promulgated in
accordance with section 4(a) of that Act (16 U.S.C. 1533(a)),
whether any distinct population segment of grizzly bear that
interbreeds when mature is an endangered species or a
threatened species that should be added to the List of
Endangered and Threatened Wildlife pursuant to that Act.
SEC. 3. DETERMINATION OF GRIZZLY BEAR SPECIES UNDER THE ENDANGERED
SPECIES ACT OF 1973.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall remove the entity of grizzly bear
(Ursus arctos horribilis) in the conterminous lower 48 States of the
United States and the associated entity of grizzly bear (Ursus arctos
horribilis) in portions of the States of Idaho and Montana listed as an
experimental population from the List of Endangered and Threatened
Wildlife under section 17.11(h) of title 50, Code of Federal
Regulations (or a successor regulation).
(b) Effect on Other Determinations.--Nothing in this Act limits the
ability of the Secretary to make future determinations of threatened
species or endangered species, by regulation promulgated in accordance
with section 4(a) of the Endangered Species Act of 1973 (16 U.S.C.
1533(a)), for any distinct population segment of brown bear (Ursus
arctos) that interbreeds when mature, including any distinct population
segment of grizzly bear (Ursus arctos horribilis) or other brown bear
subspecies, subject to the conditions that the Secretary shall not--
(1) add any distinct population segment of grizzly bear
(Ursus arctos horribilis) to the List of Endangered and
Threatened Wildlife under section 17.11(h) of title 50, Code of
Federal Regulations (or a successor regulation), unless the
Secretary identifies objective, measurable criteria that, when
met, would result in a determination that the distinct
population segment be removed from the list; and
(2) be required to designate critical habitat for a
distinct population segment of grizzly bear (Ursus arctos
horribilis) described in paragraph (1).
(c) Delisting Process for Distinct Population Segments.--If the
Secretary identifies a distinct population segment of grizzly bear
(Ursus arctos horribilis) in the conterminous lower 48 States of the
United States that has met the established recovery criteria for that
distinct population segment, the Secretary shall initiate the process
to remove that distinct population segment from the List of Endangered
and Threatened Wildlife under section 17.11(h) of title 50, Code of
Federal Regulations (or a successor regulation).
(d) No Judicial Review.--The removal of the entity of grizzly bear
(Ursus arctos horribilis) in the conterminous lower 48 States of the
United States and the associated entity of grizzly bear (Ursus arctos
horribilis) in portions of the States of Idaho and Montana listed as an
experimental population from the List of Endangered and Threatened
Wildlife under section 17.11(h) of title 50, Code of Federal
Regulations (or a successor regulation), pursuant to subsection (a)
shall not be subject to judicial review.
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