Overview
Title
To support Tribal co-stewardship, restore and protect bison, grizzly bear, and wolf populations, and for other purposes.
ELI5 AI
The bill is like a special plan to help take care of bison, grizzly bears, and wolves by working together with Native American Tribes. It wants to make sure these animals have safe places to live and that people don’t hurt them unless it's really necessary, but it doesn't say exactly how much money this will need or where it will come from.
Summary AI
H.R. 9695, titled the “Tribal Heritage and American Bison, Grizzly Bear, and Wolf Restoration and Coexistence Act,” aims to support the co-stewardship of American Indian Tribes in restoring and protecting the populations of bison, grizzly bears, and wolves. The bill proposes establishing committees to oversee restoration efforts, restricts unlawful acts against these animals, and allows for certain exceptions such as self-defense or cultural purposes by federally recognized Tribes. It emphasizes coordination with Tribes for land management and restoration processes and aims to reduce human-wildlife conflicts, particularly on federal and Tribal lands.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
The proposed legislation, titled the "Tribal Heritage and American Bison, Grizzly Bear, and Wolf Restoration and Coexistence Act," aims to provide support for the co-stewardship by Tribal entities in the restoration and protection of bison, grizzly bear, and wolf populations across their historical ranges in the United States. The act emphasizes the cultural significance of these species to Indigenous peoples and their ecological importance. It also seeks to establish committees to manage their restoration and implement a more effective coexistence strategy on both Tribal and public lands while allowing for exceptions under certain conditions.
Summary of Significant Issues
One of the prominent challenges with the bill is the lack of clarity on how these initiatives will be funded, which raises concerns about the feasibility and sustainability of the proposed actions. Establishing new committees and enforcing regulations without specified budget allocations might lead to financial bottlenecks.
The language employed in the bill defines "best available science" strictly by published academic standards, potentially omitting important findings or insights that do not meet these criteria, which could bias decision-making processes.
Additionally, the bill contains vague terminology surrounding important provisions like "imminently necessary" for self-defense in the context of taking (hunting, trapping, etc.) and does not define specific procedures for consultations with federally recognized Indian Tribes. This lack of specificity may lead to inconsistent enforcement, potential abuse, and legal disputes, impacting the reliability and success of the act's intentions.
Impact on the Public
Broadly, this bill proposes to enhance biodiversity and ecosystem health, benefiting the public by promoting more resilient and balanced natural environments. Successful implementation could help curb biodiversity losses and contribute to ecological sustainability, which can have long-term positive impacts on agriculture and weather resilience.
However, without clear budgeting, the ambitious proposals might strain public resources or divert attention from other pressing issues without guaranteeing the desired outcomes. Furthermore, the potential for legal disputes or inconsistent application due to ambiguous definitions could slow progress or result in ineffective measures.
Impact on Specific Stakeholders
For Indigenous communities, the act recognizes their cultural ties to these iconic species and offers opportunities for involvement in stewardship, aligning with tribal self-determination principles. This recognition may foster stronger government-to-tribe relationships and support cultural preservation initiatives. Nevertheless, varying interpretations of legal phrases or procedures might lead to challenges in practical implementation or question the thoroughness of consultations.
Environmental organizations and wildlife conservationists could view the bill as a positive step toward improved species protection and ecological preservation, potentially rallying support or partnerships. However, the exclusionary criteria for scientific input might limit collaboration opportunities with local experts not affiliated with certain scientific journals or societies.
On the other hand, agricultural stakeholders might express concerns about restrictions imposed by the bill, as they could impact land use or economic activities. Clarity on nonlethal measures and an effective consultation process could help address these concerns, balancing species protection with livelihood needs. Moreover, prohibitions on lethal predator control could raise concerns about the safeguarding of agricultural livelihoods and public safety if implementation is not thorough or adequately supported by scientific data.
In conclusion, while the bill sets an ambitious framework for wildlife conservation and Tribal engagement, its successful impact hinges on clarifying its financial framework and key terminologies, ensuring that initiatives are practical, inclusive, and broadly beneficial.
Financial Assessment
The bill H.R. 9695, known as the “Tribal Heritage and American Bison, Grizzly Bear, and Wolf Restoration and Coexistence Act,” presents several financial considerations and implications worth discussing. It is important to note that while the bill details various initiatives and regulatory measures for the preservation of specific wildlife species, it notably lacks detailed information on financial allocations or related funding mechanisms necessary for implementing these initiatives.
Financial Penalties and Fines
The bill delineates financial penalties for violations concerning the protection of bison, grizzly bears, and wolves. Specifically, civil penalties of up to $25,000 for each violation can be levied against individuals who engage in prohibited activities. For criminal penalties, the bill stipulates that a first-time violator may face a fine of up to $50,000, with subsequent violations potentially resulting in a fine of up to $75,000. These fines serve as a deterrent to unlawful conduct and aim to enforce compliance with the bill's conservation goals.
Allocation Gaps and Financial Ambiguities
One of the issues identified in the bill is its lack of clarity on funding requirements. There is no explicit outline of how the financial resources will be secured and allocated for different initiatives, such as species protection, the establishment of committees, or the enforcement of regulations. This absence raises concerns about the feasibility of the bill's ambitious objectives without clear financial support mechanisms, potentially leading to unchecked spending or difficulty in fully implementing its provisions.
Penalty Collection and Fairness
While the bill articulates the amounts for civil and criminal penalties, it does not address the procedural aspects of penalty impositions. There are no detailed methods for calculating lesser penalties for partial infractions, which could lead to inconsistencies in enforcement and legal challenges. Furthermore, the absence of an appeal process for imposed penalties raises questions about procedural fairness and transparency.
Grazing Authorizations and Economic Impact
The bill proposes the cancellation of grazing authorizations for individuals fined under the criminal penalty provision, asserting a strong stance against entities that are not in compliance. However, it explicitly states that the United States shall not be liable for any compensation, reimbursement, or damages related to these cancellations. The economic impact of such measures on individuals or groups reliant on grazing permits for their livelihood is a complex consideration that the bill does not address in financial terms.
Donation and Termination of Grazing Permits
Provisions are in place for the donation of grazing permits with the intent of reducing wildlife conflicts. Upon donation, these permits are to be terminated to ensure a permanent end to grazing on the specified lands. The bill does not indicate any financial incentives or compensations for entities that choose to donate their permits, which might affect its acceptance and success in practice.
Conclusion
In summary, while H.R. 9695 outlines financial penalties as a key enforcement tool, it lacks comprehensive financial planning and transparency regarding its various initiatives. Addressing these gaps would be crucial to ensure the bill's effective implementation and to mitigate any unintended financial ramifications on stakeholders affected by its provisions.
Issues
The bill lacks clarity on funding and budgetary requirements for the initiatives outlined, including the protection of species, the establishment of committees, and the enforcement of regulations, raising concerns about its feasibility and the potential for unchecked spending. (Sections: 2, 4, 5, and 8)
The definition of 'best available science' relies heavily on publication standards, potentially excluding valuable scientific findings not meeting these criteria. This could bias decision-making and exclude important insights. (Section: 3)
The language regarding 'exceptions' for prohibited acts in the protection of bison, grizzly bears, and wolves is vague, especially around what constitutes an 'imminently necessary' taking for self-defense, which could result in inconsistent enforcement and potential abuse of this exception. (Section: 4)
The definition of 'scientific society' is specific and might unintentionally exclude relevant organizations or introduce bias, which could affect collaboration and data gathering for the bill's purposes. (Section: 3)
Key terms such as 'meaningful consultation' with federally recognized Indian Tribes are not well-defined, introducing potential ambiguity in the implementation of consultation processes and negotiation of cooperative agreements. (Section: 7)
The provisions for 'religious, cultural, and treaty reserved purposes' lack specificity, which could lead to varied interpretations and potential legal disputes regarding activities by federally recognized Indian Tribes. (Section: 4)
The definition of 'public land' is limited to Bureau of Land Management land, potentially excluding other public lands managed by different entities, which may be relevant to the bill's objectives. (Section: 3)
There is no clear dispute resolution mechanism outlined for resolving disagreements during consultations with federally recognized Indian Tribes, which could lead to conflicts and delay implementations. (Section: 7)
The bill does not address an appeal process for penalties imposed under its provisions, raising concerns around procedural fairness and transparency in enforcement actions. (Sections: 4 and 6)
The criteria for determining 'suitable habitat' for reintroducing species is vague, risking inconsistent application and potential harm to ecosystems or landholder rights. (Section: 8)
The bill does not provide a detailed method for calculating lesser penalties for partial or lesser infractions, which may lead to inconsistent penalties and legal challenges. (Section: 4)
The language defining 'applicable Committee' is ambiguous, leading to confusion about who holds authority for certain determinations and recommendations, particularly regarding lethal predator control measures. (Sections: 6 and 9)
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the act provides its short title, which is the “Tribal Heritage and American Bison, Grizzly Bear, and Wolf Restoration and Coexistence Act”.
2. Findings Read Opens in new tab
Summary AI
Congress acknowledges that American bison, grizzly bears, and wolves are important culturally and ecologically, have been largely eradicated from their historical habitats in the U.S., and need protective measures similar to those offered by previous wildlife protection acts to ensure their continued survival and ecosystem roles.
3. Definitions Read Opens in new tab
Summary AI
The section defines various terms used in the Act, including "best available science" which refers to peer-reviewed and reproducible scientific findings; specific animals like "bison," "grizzly bear," and "wolf"; and other key concepts such as "public land," "Tribal land," and what constitutes a "take" of wildlife. It also clarifies that "nonlethal measure" means actions that avoid harming animals, and explains what a "scientific society" is.
4. Protection of bison, grizzly bears, and wolves Read Opens in new tab
Summary AI
The bill section prohibits people from taking, selling, or harming bison, grizzly bears, and wolves, with exceptions for certain purposes like self-defense, religious practices, or if the animal products existed before the law was enacted. Violators can face civil fines up to $25,000 or criminal penalties up to $75,000 and imprisonment, and grazing permits on federal land will be canceled if someone is convicted.
Money References
- — (1) IN GENERAL.—Subject to the requirements of paragraph (2), any person who violates subsection (a) may be assessed a civil penalty by the Secretary of not more than $25,000 for each violation.
- — (A) FIRST VIOLATION.—Any person who knowingly violates subsection (a) shall be fined not more than $50,000, imprisoned not more than 1 year, or both.
- (B) SUBSEQUENT VIOLATIONS.—In the case of a second or subsequent violation of subsection (a), a person shall be fined not more than $75,000, imprisoned not more than 2 years, or both.
5. Establishment of bison, grizzly bear, and wolf restoration and coexistence committees Read Opens in new tab
Summary AI
The section outlines the creation of three committees to help restore and manage bison, grizzly bears, and wolves. Each committee will have members from Indian Tribes, federal and state agencies, and regional experts; it will make decisions based on scientific research and not replace existing groups. Additionally, the committees will review grant applications related to animal coexistence and restoration programs.
6. Permitted taking of bison, grizzly bears and wolves Read Opens in new tab
Summary AI
The section allows the Secretary to issue permits for taking, possessing, or transporting bison, grizzly bears, and wolves if it is for scientific, conservation, population control, or safety purposes, as long as certain conditions are met, such as proving nonlethal measures were ineffective and ensuring that such actions won't exceed mortality limits. The permits are not transferable and must comply with set terms to ensure they align with conservation efforts.
7. Consultation with federally recognized Indian Tribes Read Opens in new tab
Summary AI
The section requires the Secretary to consult with federally recognized Indian Tribes before issuing permits for activities on tribal lands or areas where tribes have treaty rights and before major federal actions that could affect these lands or species habitats. This consultation must be meaningful, ensure tribal consent, and involve cooperative agreements with the Secretaries of the Interior and Agriculture.
8. Restoration of bison, grizzly bears, or wolves Read Opens in new tab
Summary AI
The section outlines a plan for reintroducing bison, grizzly bears, or wolves on tribal lands and areas where Native American tribes have treaty rights. It includes conducting studies to identify suitable lands, coordinating with tribes for reintroduction, ensuring management aligns with scientific advice and traditional knowledge, and mandates public safety by excluding grizzly bears or wolves posing threats.
9. Limitation on use of lethal predator control measures Read Opens in new tab
Summary AI
The section states that the Secretary or the Secretary of Agriculture must ban the use of lethal methods to control wildlife on public lands or National Forest System lands if it may harm a protected species, and this ban also applies to federal staff and contractors.
10. Savings provision Read Opens in new tab
Summary AI
Nothing in this Act prevents or gets in the way of the National Park Service's Bison Conservation and Transfer Program.