Title 7 — Agriculture
Chapter 109A — Control of Wild Animals
§ 8355. Losses of livestock due to depredation by federally protected species
Statutory text
Definitions
In this section:
Depredation
In general
The term “depredation” means actual death, injury, or destruction of livestock that is caused by a federally protected species.
Exclusions
The term “depredation” does not include damage to real or personal property other than livestock, including—
damage to—
other animals;
vegetation;
motor vehicles; or
structures;
diseases;
lost profits; or
consequential damages.
Federally protected species
The term “federally protected species” means a species that is or previously was protected under—
the Act of (commonly known as the “Bald and Golden Eagle Protection Act”) (54 Stat. 250, chapter 278; 16 U.S.C. 668 et seq.);
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.).
Indian Tribe
The term “Indian Tribe” has the meaning given to the term “Indian tribe” in section 5304 of title 25.
Livestock
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.
Inclusion
The term “livestock” includes guard animals actively engaged in the protection of livestock described in subparagraph (A).
Program
The term “program” means the grant program established under subsection (b)(1).
Secretaries
The term “Secretaries” means—
the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and
the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service.
Grant program for losses of livestock due to depredation by federally protected species
In general
The 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 )—
to assist livestock producers in carrying out—
proactive and nonlethal activities to reduce the risk of livestock loss due to depredation by federally protected species occurring on—
Federal, State, or private land within the applicable State; or
land owned by, or held in trust for the benefit of, the applicable Indian Tribe; and
research relating to the activities described in clause (i); and
to compensate livestock producers for livestock losses due to depredation by federally protected species occurring on—
Federal, State, or private land within the applicable State; or
land owned by, or held in trust for the benefit of, the applicable Indian Tribe.
Allocation of funding
Reports to the secretaries
Not 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—
Federal, State, or private land within the applicable State; or
land owned by, or held in trust for the benefit of, the applicable Indian Tribe.
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).
Eligibility
To be eligible to receive a grant under paragraph (1), a State or Indian Tribe shall—
designate an appropriate agency of the State or Indian Tribe to administer the 1 or more programs supplemented by the grant funds;
establish 1 or more accounts to receive grant funds;
maintain files of all claims received and paid under grant-funded programs, including supporting documentation; and
submit to the Secretaries—
annual reports that include—
a summary of claims and expenditures under the program during the year; and
a description of any action taken on the claims; and
such other reports as the Secretaries may require to assist the Secretaries in determining the effectiveness of assisted activities under this section.
Sense of Congress
It is the sense of Congress that—
no State or Indian Tribe is required to participate in the program; and
the program supplements, and does not replace or supplant, any State compensation programs for depredation.
Authorization of appropriations
There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2021 through 2030, of which—
$5,000,000 shall be used to provide grants for the purposes described in subsection (b)(1)(A); and
$10,000,000 shall be used to provide grants for the purpose described in subsection (b)(1)(B).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
America’s Conservation Enhancement Act
Pub. L. 116–188 title I § 102 · 134 Stat. 905
Enacted · 7 U.S.C. § 8355
Pub. L. 116–188, title I, § 102, Oct. 30, 2020, 134 Stat. 908
Source evidence
Code source credit
Pub. L. 116–188, title I, § 102, Oct. 30, 2020, 134 Stat. 908Enacted provision · exact public law section
SEC. 102. LOSSES OF LIVESTOCK DUE TO DEPREDATION BY FEDERALLY PROTECTED SPECIES. (a) Definitions.— In 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) Exclusions.— The 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 species.— The 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 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (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) Secretaries.— The 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 general.— The 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 the date of enactment of this Act)— (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 secretaries.— Not 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) Eligibility.— To 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 Congress.— It 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 Appropriations.— There 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. 118–198 title I § 101 · 138 Stat. 2678
Substituted · 7 U.S.C. § 8355(d)
Pub. L. 118–198 substituted “2030” for “2025” in introductory provisions
Unresolved: Pub. L. 118–198 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (d). Pub. L. 118–198 substituted “2030” for “2025” in introductory provisions.
1 of 2 references resolved to an enrolled provision · 1 unresolved
Editorial Notes
References in Text
The Act of (commonly known as the “Bald and Golden Eagle Protection Act”), referred to in subsec. (a)(2)(A), is act June 8, 1940, ch. 278, 54 Stat. 250, which is classified generally to subchapter II of chapter 5A (§668 et seq.) of Title 16, Conservation. The Act is also commonly known as the Bald Eagle Protection Act. For complete classification of this Act to the Code, see Tables.
The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), referred to in subsec. (a)(2)(B), is Pub. L. 93–205, , 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables.
The Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), referred to in subsec. (a)(2)(C), is act July 3, 1918, ch. 128, 40 Stat. 755, which is classified generally to subchapter II (§ 703 et seq.) of chapter 7 of Title 16, Conservation. For complete classification of this Act to the Code, see section 710 of Title 16 and Tables.
This Act, referred to in subsec. (b)(2)(B), is Pub. L. 116–188, , 134 Stat. 905, known as the America’s Conservation Enhancement Act. For complete classification of this Act to the Code, see Short Title note set out under section 8201 of Title 16, Conservation, and Tables.
Amendments
2024—Subsec. (d). Pub. L. 118–198 substituted “2030” for “2025” in introductory provisions.
Credits
2020–2024 · 2 acts
- 2020Pub. L. 116–188, title I, § 102, , 134 Stat. 908
- 2024Pub. L. 118–198, title I, § 101, , 138 Stat. 2678.
Show as published
(Pub. L. 116–188, title I, § 102, , 134 Stat. 908; Pub. L. 118–198, title I, § 101, , 138 Stat. 2678.)