II 115th CONGRESS 1st Session S. 1863 IN THE SENATE OF THE UNITED STATES September 26, 2017 Mr. Lee (for himself, Mr. Hatch , and Mr. Paul ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To clarify that noncommercial species found entirely within the borders of a single State are not in interstate commerce or subject to regulation under the Endangered Species Act of 1973 or any other provision of law enacted as an exercise of the power of Congress to regulate interstate commerce.

1. Short title This Act may be cited as the Native Species Protection Act . 2. Treatment of intrastate species (a) Definition of intrastate species In this Act, the term intrastate species means any species of plant or fish or wildlife (as those terms are defined in section 3 of the Endangered Species Act of 1973 ( 16 U.S.C. 1532 )) that is— (1) found entirely within the borders of a single State; and (2) not part of a national market for any commodity. (b) Treatment An intrastate species shall not be— (1) considered to be in interstate commerce; and (2) subject to regulation under— (A) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); or (B) any other provision of law under which regulatory authority is based on the power of Congress to regulate interstate commerce as enumerated in article I, section 8, clause 3 of the Constitution of the United States.