S.Amdt. 3164

SA 3164. Mr. FLAKE submitted an amendment intended to be proposed by
him to the bill S. 2012, to provide for the modernization of the energy
policy of the United States, and for other purposes; which was ordered
to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. DELISTING OF MEXICAN GRAY WOLVES.

(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(2) Mexican gray wolf.--
(A) In general.--The term ``Mexican gray wolf'' means the
subspecies Mexican gray wolf (Canis lupus baileyi) of the
species gray wolf (Canis lupus).
(B) Inclusion.--The term ``Mexican gray wolf'' includes any
subspecies, distinct population segment, or experimental
population of the species gray wolf (Canis lupus) that the
Director determines after the date of enactment of this Act
will take the place of, or correspond with, the subspecies
designated as Mexican gray wolf (Canis lupus baileyi) on that
date of enactment.
(b) Requirement.--Notwithstanding any other provision of
law (including regulations), effective beginning on the date
on which the Director makes a positive determination under
subsection (c)--
(1) the Mexican gray wolf shall no longer be included on
any list of endangered species, threatened species, or
experimental populations under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.); and
(2) management of the Mexican gray wolf shall be assumed by
each State in which the Mexican gray wolf is present,
effective beginning on the date of the determination.
(c) Determination by Director.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Director shall determine whether a
population of not fewer than 100 Mexican gray wolves in a
5,000-square-mile area within the historic range of the
Mexican gray wolf has been established, as described in the
Mexican Wolf Recovery Plan of 1982 prepared by the Mexican
Wolf Recovery Team (U.S. Fish and Wildlife Service. 1982.
Mexican Wolf Recovery Plan. U.S. Fish and Wildlife Service,
Albuquerque, New Mexico. 103 pp.)
(2) Standards and procedures.--A determination under
paragraph (1) shall be made in accordance with applicable
standards and procedures used by the Director in determining
the status of a species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
______