View all text of Chapter 109 A [§ 8351 - § 8356]
§ 8355. Losses of livestock due to depredation by federally protected species
(a) DefinitionsIn this section:
(1) Depredation
(A) In general
The term “depredation” means actual death, injury, or destruction of livestock that is caused by a federally protected species.
(B) ExclusionsThe term “depredation” does not include damage to real or personal property other than livestock, including—
(i) damage to—(I) other animals;(II) vegetation;(III) motor vehicles; or(IV) structures;
(ii) diseases;
(iii) lost profits; or
(iv) consequential damages.
(2) Federally protected speciesThe term “federally protected species” means a species that is or previously was protected under—
(A) the Act of June 8, 1940 (commonly known as the “Bald and Golden Eagle Protection Act”) (54 Stat. 250, chapter 278; 16 U.S.C. 668 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
(C) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.).
(3) Indian Tribe
The term “Indian Tribe” has the meaning given to the term “Indian tribe” in section 5304 of title 25.
(4) Livestock
(A) In general
The term “livestock” means horses, mules and asses, rabbits, llamas, cattle, bison, swine, sheep, goats, poultry, bees, honey and beehives, or any other animal generally used for food or in the production of food or fiber.
(B) Inclusion
The term “livestock” includes guard animals actively engaged in the protection of livestock described in subparagraph (A).
(5) Program
The term “program” means the grant program established under subsection (b)(1).
(6) SecretariesThe term “Secretaries” means—
(A) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and
(B) the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service.
(b) Grant program for losses of livestock due to depredation by federally protected species
(1) In generalThe Secretaries shall establish a program to provide grants to States and Indian Tribes to supplement amounts provided by States, Indian Tribes, or State agencies under 1 or more programs established by the States and Indian Tribes (including programs established after October 30, 2020)—
(A) to assist livestock producers in carrying out—
(i) proactive and nonlethal activities to reduce the risk of livestock loss due to depredation by federally protected species occurring on—(I) Federal, State, or private land within the applicable State; or(II) land owned by, or held in trust for the benefit of, the applicable Indian Tribe; and
(ii) research relating to the activities described in clause (i); and
(B) to compensate livestock producers for livestock losses due to depredation by federally protected species occurring on—
(i) Federal, State, or private land within the applicable State; or
(ii) land owned by, or held in trust for the benefit of, the applicable Indian Tribe.
(2) Allocation of funding
(A) Reports to the secretariesNot later than September 30 of each year, a State or Indian Tribe desiring to receive a grant under the program shall submit to the Secretaries a report describing, for the 1-year period ending on that September 30, the losses of livestock due to depredation by federally protected species occurring on—
(i) Federal, State, or private land within the applicable State; or
(ii) land owned by, or held in trust for the benefit of, the applicable Indian Tribe.
(B) Allocation
The Secretaries shall allocate available funding to carry out this Act among States and Indian Tribes for a 1-year period ending on September 30 based on the losses described in the reports submitted for the previous 1-year period ending on September 30 under subparagraph (A).
(3) EligibilityTo be eligible to receive a grant under paragraph (1), a State or Indian Tribe shall—
(A) designate an appropriate agency of the State or Indian Tribe to administer the 1 or more programs supplemented by the grant funds;
(B) establish 1 or more accounts to receive grant funds;
(C) maintain files of all claims received and paid under grant-funded programs, including supporting documentation; and
(D) submit to the Secretaries—
(i) annual reports that include—(I) a summary of claims and expenditures under the program during the year; and(II) a description of any action taken on the claims; and
(ii) such other reports as the Secretaries may require to assist the Secretaries in determining the effectiveness of assisted activities under this section.
(c) Sense of CongressIt is the sense of Congress that—
(1) no State or Indian Tribe is required to participate in the program; and
(2) the program supplements, and does not replace or supplant, any State compensation programs for depredation.
(d) Authorization of appropriationsThere is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2021 through 2025, of which—
(1) $5,000,000 shall be used to provide grants for the purposes described in subsection (b)(1)(A); and
(2) $10,000,000 shall be used to provide grants for the purpose described in subsection (b)(1)(B).
(Pub. L. 116–188, title I, § 102, Oct. 30, 2020, 134 Stat. 908.)