[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5751 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 5751
To provide that any State whose wildlife agency has determined that a
portion of the State is within the current range of the Shiras Moose
may take management actions on certain Federal lands within that State
to stem decline of that species' population in that State, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2016
Mr. Chaffetz (for himself, Mr. Stewart, Mrs. Love, Mr. Tipton, Mr.
Zinke, and Mrs. Lummis) introduced the following bill; which was
referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To provide that any State whose wildlife agency has determined that a
portion of the State is within the current range of the Shiras Moose
may take management actions on certain Federal lands within that State
to stem decline of that species' population in that State, 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 ``Shiras Moose Protection and Recovery
Act''.
SEC. 2. STATE MANAGEMENT ACTIONS ON FEDERAL LANDS TO STEM DECLINE OF
SHIRAS MOOSE.
(a) In General.--Any State whose wildlife agency has determined
that a portion of the State is within the current range of the Shiras
Moose (Alces alces) may take management actions on covered Federal
lands within that State to stem decline of that species' population in
that State.
(b) Monitoring.--
(1) In general.--Any State taking management actions on
covered Federal lands with respect to Shiras Moose shall
monitor that species' population within that State for a period
of not less than __ years following the enactment of this Act.
(2) Funding.--
(A) Authorization.--There is authorized to be
appropriated $____ for costs of State monitoring under
this section.
(B) Allocation.--Amounts appropriated under this
paragraph shall be allocated and distributed among
States based on--
(i) the estimated number of acres of
covered Federal land in each State that is
Shiras Moose habitat, divided by
(ii) the number of acres of current covered
Federal land in States that is Shiras Moose
habitat.
(C) Calculation.--For purposes of subparagraph (B),
the number of acres of Shiras Moose habitat in a State
shall be calculated by the head of the State agency
with authority over wildlife management.
(c) Recovery Plans.--
(1) In general.--Where monitoring, combined with existing
State science on the Shiras Moose population trends, shows an
unacceptable decline in the populations of such species as
determined by a State wildlife agency, the State may formulate
a recovery plan to mitigate the population decline.
(2) Funding.--
(A) In general.--The Director of the United States
Fish and Wildlife Service shall provide to any State
that formulates a recovery plan, upon request of the
State, funding for implementation of the plan from
funds appropriated to the United States Fish and
Wildlife Service to implement its Northern Rocky
Mountain Gray Wolf Recovery Plan and any of its other
gray wolf recovery or monitoring plans.
(B) Allocation.--If State requests for such funds
exceed the funds so appropriated to the United States
Fish and Wildlife Service for any fiscal year, the
Director shall distribute such funds to such States on
the same basis that funds are distributed under
subsection (b)(2)(B).
(d) Utah and Colorado.--Each of the States of Utah and Colorado--
(1) may manage Shiras Moose and their predators on Federal,
State, and private lands to prevent declines in moose
populations within that State; and
(2) shall collect, analyze, and disseminate data on the
results of such management.
(e) Issuance of Final Rule.--Before the end of the 60-day period
beginning on the date of the enactment of this Act, the Secretary of
the Interior shall issue as a final rule the draft rule entitled
``Removing the Gray Wolf (Canis lupus) From the List of Endangered and
Threatened Wildlife and Maintaining Protections for the Mexican Wolf
(Canis lupus baileyi) by Listing It as Endangered'' as published on
June 13, 2013 (78 Fed. Reg. 35664), without regard to any other
provision of statute that applies to issuance of such rule.
(f) Exemption of Judicial Review.--The requirements and
implementation of this Act are not subject to judicial review.
(g) Relationship to Other Law.--This section shall apply
notwithstanding any other provision of statute or regulation.
(h) Covered Federal Land Defined.--For purposes of this section the
term ``Federal land'' means--
(1) public lands, as that term is defined in section 103(e)
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702(e));
(2) lands in the National Forest System, as such System is
declared and defined in section 11(a) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a)); and
(3) any area of the National Park System, as that term is
defined in section 1.4 of title 36, Code of Federal Regulations
(as in effect on the date of the enactment of this Act).
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