H.R. 5052 – Lawful Ivory Protection Act of 2014

113th CONGRESS

2d Session

H. R. 5052

IN THE HOUSE OF REPRESENTATIVES

July 10, 2014

Mr. Daines (for himself and Mr. Miller of Florida) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To amend the Endangered Species Act of 1973 to protect and conserve species and the lawful possession of certain ivory in the United States, and for other purposes.

Short Title

This Act may be cited as the Lawful Ivory Protection Act of 2014.

Amendment to Endangered Species Act of 1973

Section 11(f) of the Endangered Species Act of 1973 (16 U.S.C. 1540(f)) is amended—

(1)

by inserting (1) after the subsection heading; and

(2)

by adding at the end the following:

(2)

(A)

Except as provided in this paragraph, regulations promulgated under paragraph (1), including policies, orders, or practices pursuant to such regulations, may not—

(i)

prohibit or restrict the possession, sale, delivery, receipt, shipping, or transportation, within the United States, of elephant ivory that has been lawfully imported into the United States;

(ii)

change any methods of, or standards for, determining if such ivory has been lawfully imported that were in effect on February 24, 2014, including any applicable presumptions and burdens of proof with respect to such determinations;

(iii)

prohibit or restrict the importation of such ivory that was lawfully importable into the United States on February 24, 2014; or

(iv)

prohibit or restrict the possession of such ivory that was lawfully possessable in the United States on February 24, 2014.

(B)

Subparagraph (A) does not apply to regulations, including policies, orders, or practices pursuant to such regulations, that were in effect on February 24, 2014.

(C)

Regulations promulgated under paragraph (1), including policies, orders, or practices pursuant to such regulations, that became effective during the period beginning on February 25, 2014, and ending on the date of enactment of this paragraph, shall be revised, as necessary, to comply with the requirements specified in subparagraph (A) for regulations promulgated after such date of enactment.

Lawful Ivory Protection Act of 2014

Legislative Activity

Bill Text