110 HR 3859 IH: Chronic Wasting Disease Support
U.S. House of Representatives
2007-10-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.Short title; table of
contents
(a)This Act may be cited
as the Chronic Wasting Disease Support
for States Act
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Title I—DEPARTMENT OF THE INTERIOR ACTIVITIES
Sec. 101. National database regarding chronic wasting
disease.
Sec. 102. Surveillance and monitoring program regarding
presence of chronic wasting disease in wild herds of deer and elk.
Sec. 103. Support for State efforts to manage and control
chronic wasting disease.
Sec. 104. Department of the Interior support for research
regarding chronic wasting disease.
Title II—DEPARTMENT OF AGRICULTURE ACTIVITIES
Sec. 201. Surveillance and monitoring program regarding
presence of chronic wasting disease in captive herds of deer and
elk.
Sec. 202. Expansion of diagnostic testing capacity.
Sec. 203. Expansion of Agricultural Research Service
research.
Sec. 204. Expansion of Cooperative State Research, Education
and Extension Service supported research regarding chronic wasting
disease.
Title III—GENERAL PROVISIONS
Sec. 301. Rulemaking.
2.In this Act:
(1)The term chronic wasting disease means the
animal disease afflicting deer and elk that—
(A)is a transmissible
disease of the nervous system resulting in distinctive lesions in the brain;
and
(B)belongs to the
group of diseases known as transmissible spongiform encephalopathies, which
group includes scrapie, bovine spongiform encephalopathy, and Cruetzfeldt-Jakob
disease.
(2)The term
eligible grant recipient
means a State department of wildlife,
State department of agriculture, college or university, or related research
center conducting scientific research regarding chronic wasting disease.
(3)The term Indian tribe has the meaning given
the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b).
3.Congress finds the following:
(1)Pursuant to State
and Federal law, the States retain primacy and policy-making authority with
regard to wildlife management, and nothing in this Act interferes with or
otherwise affects the primacy of the States in managing wildlife generally, or
managing, surveying, and monitoring the incidence of chronic wasting
disease.
(2)Chronic wasting
disease, the fatal neurological disease found in cervids, is a fundamental
threat to the health and vibrancy of deer and elk populations, and the
increased occurrence of chronic wasting disease in regionally diverse locations
in recent months necessitates an escalation in research, surveillance,
monitoring, and management activities focused on containing and managing this
lethal disease.
(3)As the States move to manage existing
levels of chronic wasting disease and insulate noninfected wild and captive
cervid populations from the disease, the Federal Government should endeavor to
provide integrated and holistic financial and technical support to these States
and the many State departments of wildlife, State departments of agriculture,
colleges and universities, and related research centers conducting scientific
research regarding chronic wasting disease.
(4)Relevant Federal
agencies should provide consistent, coherent, and integrated support structures
and programs for the benefit of State wildlife and agricultural administrators,
as chronic wasting disease can move freely between captive and wild cervids
across the broad array of Federal, State, tribal, and local land management
jurisdictions.
(5)The Secretary of the Interior, the
Secretary of Agriculture, and other affected Federal authorities can provide
consistent, coherent, and integrated support systems under existing legal
authorities to States and the many State departments of wildlife, State
departments of agriculture, colleges and universities, and related research
centers conducting scientific research regarding chronic wasting
disease.
<enum>I</enum><header>DEPARTMENT OF THE
INTERIOR ACTIVITIES</header>
<section id="H2730DE34D5D54149BB00E11681D27349"><enum>101.</enum><header>National
database regarding chronic wasting disease</header>
<subsection id="HEDB9431C5A624C9195E30072179BEB35"><enum>(a)</enum><header>Information
Repository</header><text>The Secretary of the Interior, acting through the
United States Geological Survey and using existing authorities, shall establish
and maintain the official national database for—</text>
<paragraph id="H14D9F4AA9BE34C0F9E638758B59BA58D"><enum>(1)</enum><text>surveillance and
monitoring data regarding chronic wasting disease in both wild and captive
cervid populations and other wildlife that is collected by the Department of
the Interior, the Department of Agriculture, other Federal agencies, foreign
governments, Indian tribes, and State agencies assisted under this Act;
and</text>
</paragraph><paragraph id="H98728792FD4E4C0599A88CC40671476D"><enum>(2)</enum><text>other relevant
information regarding chronic wasting disease received from other sources,
including cooperation with foreign governments.</text>
</paragraph></subsection><subsection id="HE14A0F4E43B6443982688CA7B300B6EA"><enum>(b)</enum><header>Information
Source</header><text>The national database shall be available as a resource
for—</text>
<paragraph id="H8EFE066C7E124ADDAF7FF7D176C7001F"><enum>(1)</enum><text>Federal and State
agencies, Indian tribes, and foreign governments attempting to manage and
control chronic wasting disease;</text>
</paragraph><paragraph id="H51D86B4713EA4DA3BA5B234ED4CFD7F1"><enum>(2)</enum><text>eligible grant
recipients and other institutions of higher education and other public or
private research entities conducting research regarding chronic wasting
disease; and</text>
</paragraph><paragraph id="HE95A2118DA414932AE034E34E801A8B2"><enum>(3)</enum><text>cooperating
international wildlife authorities.</text>
</paragraph></subsection><subsection id="HBABAA84EEF7646E900A478EC483CE7E4"><enum>(c)</enum><header>Relationship to
Department of Agriculture Information Collection</header><text>The data
collected by the Department of Agriculture under title II shall be placed in
the national database.</text>
</subsection><subsection id="H08AFBB69317742359C6033DDC242F593"><enum>(d)</enum><header>Authorization of
Appropriations</header><text>There are authorized to be appropriated to the
Secretary of the Interior $750,000 to establish and maintain the national
database. Funds appropriated pursuant to this authorization of appropriations
shall remain available until expended.</text>
</subsection></section><section id="H86AFAD11992546ACB80894ADAD91C9B2"><enum>102.</enum><header>Surveillance
and monitoring program regarding presence of chronic wasting disease in wild
herds of deer and elk</header>
<subsection id="HEB94F8BF98A14699985CC066439FC8E7"><enum>(a)</enum><header>Program
Development</header><text>Using existing authorities, the Secretary of the
Interior, acting through the United States Geological Survey, shall develop a
national surveillance and monitoring program to identify—</text>
<paragraph id="HF1230C153E4B40BB86035F373218F114"><enum>(1)</enum><text>the rate of
chronic wasting disease infection in wild herds of deer and elk;</text>
</paragraph><paragraph id="HBB2C7B464F2F4219B1E3E59FC01ECB10"><enum>(2)</enum><text>the cause and
extent of the spread of the disease; and</text>
</paragraph><paragraph id="H6C092FBF76E540EFA2A5ED122B29FA59"><enum>(3)</enum><text>potential
reservoirs of infection and vectors promoting the spread of the disease.</text>
</paragraph></subsection><subsection id="H7F2547097BDE4CA7921C472BF95E4D9F"><enum>(b)</enum><header>Implementation</header><text>The
Secretary of the Interior shall provide financial and technical assistance to
States and Indian tribes to implement the surveillance and monitoring program
for wild herds.</text>
</subsection><subsection id="H7750C83865904739A800FFA92BF84311"><enum>(c)</enum><header>Cooperation</header><text>In
developing the surveillance and monitoring program for wild herds, the
Secretary of the Interior shall consult and cooperate with State and tribal
agencies responsible for managing and controlling chronic wasting
disease.</text>
</subsection><subsection id="HF7341B4EDA594268BC339F5C7225BE68"><enum>(d)</enum><header>Coordination</header><text>The
Secretary of the Interior, in cooperation with the Secretary of Agriculture,
shall establish uniform standards for the collection and assessment of samples
and data derived from the surveillance and monitoring program.</text>
</subsection><subsection id="H1512BA0D225242338FBF79C4CA000B3"><enum>(e)</enum><header>Authorization of
Appropriations</header><text>There are authorized to be appropriated to the
Secretary of the Interior $1,000,000 to support the surveillance and monitoring
program. Funds appropriated pursuant to this authorization of appropriations
shall remain available until expended.</text>
</subsection></section><section id="H70E05EF676E349AA80867BE287D00BA"><enum>103.</enum><header>Support for
State efforts to manage and control chronic wasting disease</header>
<subsection id="HBE5261F26F1B46C200934200B3AE883F"><enum>(a)</enum><header>Availability of
Assistance</header><text>The Secretary of the Interior, acting through the
United States Geological Survey, shall allocate funds appropriated to carry out
this section directly to the State or tribal agency responsible for wildlife
management for a State or Indian tribe that petitions the Secretary for a
portion of such funds to develop and implement management strategies to address
chronic wasting disease on lands administered by the State or Indian
tribe.</text>
</subsection><subsection id="H206A47450A5A4400801E2F001126594D"><enum>(b)</enum><header>Funding
Priorities</header><text>In determining the amounts to be allocated to States
and Indian tribes under subsection (a), the Secretary of the Interior shall
give priority to States and Indian tribes based on the following
criteria:</text>
<paragraph id="HAB358829D52C4747A59E137F00BAA54B"><enum>(1)</enum><text>Relative scope of
incidence of chronic wasting disease on lands administered by the State or
Indian tribe, with priority given to those States and Indian tribes with the
highest incidence of the disease.</text>
</paragraph><paragraph id="H81090475A1474BFBB7E65F278BBADD7C"><enum>(2)</enum><text>State or tribal
expenditures on chronic wasting disease management, monitoring, surveillance,
and research, with priority given to those States and Indian tribes that have
shown the greatest financial commitment to managing, monitoring, surveying, and
researching chronic wasting disease.</text>
</paragraph><paragraph id="HF255C208051645BD9C9982E0B4D73B2B"><enum>(3)</enum><text>Comprehensive and
integrated State or tribal policies and programs focused on chronic wasting
disease management between involved State or tribal wildlife and agricultural
agencies, with priority given to those States and Indian tribes that have
integrated the programs and policies of all involved agencies related to
chronic wasting disease management.</text>
</paragraph><paragraph id="H6F327D4E747D49419E90621B40A3130"><enum>(4)</enum><text>Rapid response to
new outbreaks of chronic wasting disease, whether occurring in areas in which
chronic wasting disease is already found or areas with first infections, with
the intent of containing the disease in any new area of infection.</text>
</paragraph></subsection><subsection id="HB3548BFF4A1A482BB27374CBD46D00E"><enum>(c)</enum><header>Authorization of
Appropriations</header><text>There are authorized to be appropriated to the
Secretary of the Interior $2,000,000 to support State and tribal efforts to
manage and control chronic wasting disease. Funds appropriated pursuant to this
authorization of appropriations shall remain available until expended.</text>
</subsection></section><section id="H864E1F1A0A844AC982CFA6DC49FD3BB"><enum>104.</enum><header>Department of
the Interior support for research regarding chronic wasting disease</header>
<subsection id="HFB8A181805BE454FAFF48F1600F13571"><enum>(a)</enum><header>Expansion</header><text>The
Secretary of Interior, acting through the United States Geological Survey,
shall make grants to eligible grant recipients to support efforts to expand and
accelerate research on chronic wasting disease, including research regarding
detection of chronic wasting disease, genetic resistance, tissue studies, and
environmental studies.</text>
</subsection><subsection id="H5F38FD32DFA849C38F0066659EBF31C6"><enum>(b)</enum><header>Authorization of
Appropriations</header><text>There are authorized to be appropriated to the
Secretary of the Interior $3,000,000 to make grants under subsection (a). Funds
appropriated pursuant to this authorization of appropriations shall remain
available until expended.</text>
</subsection></section><enum>II</enum><header>DEPARTMENT OF
AGRICULTURE ACTIVITIES</header>
<section id="H48722355E0864344B7D9E79946DE3EFF"><enum>201.</enum><header>Surveillance
and monitoring program regarding presence of chronic wasting disease in captive
herds of deer and elk</header>
<subsection id="H99065C9D3B6846458539CE31035B521E"><enum>(a)</enum><header>Program
Development</header><text>The Secretary of Agriculture, acting through the
Animal and Plant Health Inspection Service, shall develop a surveillance and
monitoring program to identify—</text>
<paragraph id="H00FEDDEF668646C6AA2C3D76B7A7BEE4"><enum>(1)</enum><text>the rate of
chronic wasting disease infection in captive herds of deer and elk;</text>
</paragraph><paragraph id="H835D2F0016ED464D9C9E952E53BF30D1"><enum>(2)</enum><text>the cause and
extent of the spread of the disease; and</text>
</paragraph><paragraph id="H474C2681353044F484FD392E395F2C74"><enum>(3)</enum><text>potential
reservoirs of infection and vectors promoting the spread of the disease.</text>
</paragraph></subsection><subsection id="HA6DDEE476B6D4EF8BA11008E2ED28904"><enum>(b)</enum><header>Implementation</header><text>The
Secretary of Agriculture shall provide financial and technical assistance to
States and Indian tribes to implement the surveillance and monitoring program
for captive herds.</text>
</subsection><subsection id="H6B33EBBC65C44A959B4307F28F16536"><enum>(c)</enum><header>Cooperation</header><text>In
developing the surveillance and monitoring program for captive herds, the
Secretary of Agriculture shall cooperate with State and tribal agencies
responsible for managing and controlling chronic wasting disease.</text>
</subsection><subsection id="H2082D59A896942999122971909FDD44F"><enum>(d)</enum><header>Coordination</header><text>The
Secretary of Agriculture, in cooperation with the Secretary of the Interior,
shall establish uniform standards for the collection and assessment of samples
and data derived from the surveillance and monitoring program.</text>
</subsection><subsection id="H33E700B93C824A02BE8600BB00C82786"><enum>(e)</enum><header>Authorization of
Appropriations</header><text>There are authorized to be appropriated to the
Secretary of Agriculture $1,000,000 to establish and support the surveillance
and monitoring program. Funds appropriated pursuant to this authorization of
appropriations shall remain available until expended.</text>
</subsection></section><section id="HCE8F9092C8D443CAB241F5BE6141158"><enum>202.</enum><header>Expansion of
diagnostic testing capacity</header>
<subsection id="HB8E3496DECF24F6089190046B613168C"><enum>(a)</enum><header>Purpose</header><text>Diagnostic
testing of samples collected under the surveillance and monitoring programs
regarding chronic wasting disease conducted by the Federal Government and
States and Indian tribes, including the programs required by sections 102 and
201, will continue to be conducted by National Veterinary Services Laboratories
of the Animal and Plant Health Inspection Service and laboratories approved by
the National Veterinary Services Laboratories, but current laboratory capacity
is inadequate to process the anticipated sample load.</text>
</subsection><subsection id="H6BF950B564B14DAFABEC7967C8F9611F"><enum>(b)</enum><header>Upgrading of
Federal Facilities</header><text>The Secretary of Agriculture shall provide for
the upgrading of Federal laboratories to facilitate the timely processing of
samples from the surveillance and monitoring programs required by sections 102
and 201 and related epidemiological investigation in response to the results of
such processing.</text>
</subsection><subsection id="HE2859A2D53BE4D62BDF22920F65D00F7"><enum>(c)</enum><header>Upgrading of
Certified Laboratories</header><text>Using the grant authority provided under
section 2(d) of the Competitive, Special and Facilities Research Grant Act (7
U.S.C. 450i(d)), the Secretary of Agriculture shall make grants to provide for
the upgrading of laboratories to be certified by the Secretary to facilitate
the timely processing of samples from the surveillance and monitoring programs
required by sections 102 and 201 and related epidemiological investigation in
response to the results of such processing.</text>
</subsection><subsection id="H39AD119F13F64F6290755928A4901F8C"><enum>(d)</enum><header>Authorization of
Appropriations</header><text>There are authorized to be appropriated to the
Secretary of Agriculture $1,000,000 to carry out this section. Funds
appropriated pursuant to this authorization of appropriations shall remain
available until expended.</text>
</subsection></section><section id="HFD5AC05497654666A4EA2905709C5B87"><enum>203.</enum><header>Expansion of
Agricultural Research Service research</header>
<subsection id="H96F80B90DF14420F9CC530B8842FFEF"><enum>(a)</enum><header>Expansion</header><text>The
Secretary of Agriculture, acting through the Agricultural Research Service,
shall expand and accelerate research on chronic wasting disease, including
research regarding detection of chronic wasting disease, genetic resistance,
tissue studies, and environmental studies.</text>
</subsection><subsection id="H2E641758A98D4AB5822C87E159DD3B2C"><enum>(b)</enum><header>Authorization of
Appropriations</header><text>There are authorized to be appropriated to the
Secretary of Agriculture $5,000,000 to carry out subsection (a). Funds
appropriated pursuant to this authorization of appropriations shall remain
available until expended.</text>
</subsection></section><section id="HFE3DF762B37B4F7FA4F45924C49BDE31"><enum>204.</enum><header>Expansion of
Cooperative State Research, Education and Extension Service supported research
regarding chronic wasting disease</header>
<subsection id="H779E12A2F5474240A72E8EEC4B2E55D9"><enum>(a)</enum><header>Research
Efforts</header><text>The Secretary of Agriculture, acting through the
Cooperative State Research, Education and Extension Service, shall increase the
number and size of grants made to eligible grant recipients in support of
research regarding chronic wasting disease.</text>
</subsection><subsection id="H6D5366C6D4B14C11837970E769A6927B"><enum>(b)</enum><header>Authorization of
Appropriations</header><text>There are authorized to be appropriated to the
Secretary of Agriculture $7,000,000 to make grants under subsection (a). Funds
appropriated pursuant to this authorization of appropriations shall remain
available until expended.</text>
</subsection></section><enum>III</enum><header>GENERAL
PROVISIONS</header>
<section id="HAAA5F1D18DF740989162C76E9500301B"><enum>301.</enum><header>Rulemaking</header>
<subsection id="HE0EE284E0A9E4AE4B9DBC9147CF02C73"><enum>(a)</enum><header>Joint
Rulemaking</header><text>To ensure that the surveillance and monitoring
programs and research programs required by this Act are compatible and that
information collection is carried out in a manner suitable for inclusion in the
national database required by section 101, the Secretary of the Interior and
the Secretary of Agriculture shall jointly promulgate rules to implement this
Act.</text>
</subsection><subsection id="H46CE025FBBB14F90B529CB7FD954A13E"><enum>(b)</enum><header>Procedure</header><text>Due
to the serious consequences of an unchecked chronic wasting disease epidemic,
prompt implementation of this Act is required. The promulgation of the rules
under subsection (a) shall be made without regard to—</text>
<paragraph id="H105B0AFF598D437EAAEF3E13A345DAD4"><enum>(1)</enum><text>chapter 35 of
title 44, United States Code (commonly known as the <quote>Paperwork Reduction
Act</quote>);</text>
</paragraph><paragraph id="H24703DF6CAE84E369EEAFC8F8858DEE"><enum>(2)</enum><text>the Statement of
Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg.
13804), relating to notices of proposed rulemaking and public participation in
rulemaking; and</text>
</paragraph><paragraph id="H906219953E874102B6DC00EA91C3CCC"><enum>(3)</enum><text>the notice and
comment provisions of <external-xref legal-doc="usc" parsable-cite="usc/5/553">section 553</external-xref> of title 5, United States Code.</text>
</paragraph></subsection><subsection id="HFFDAF5A54ADE4F7296DF725E000000CC"><enum>(c)</enum><header>Congressional
Review of Agency Rulemaking</header><text>In carrying out this section, the
Secretary of the Interior and the Secretary of Agriculture shall use the
authority provided under <external-xref legal-doc="usc" parsable-cite="usc/5/808">section 808</external-xref> of title 5, United States Code.</text>
</subsection><subsection id="HE3DB7AE565814E21AE5EE221FF4010FB"><enum>(d)</enum><header>Relation to
Other Rulemaking</header><text>The requirement for joint rulemaking shall not
be construed to require any delay in the promulgation by the Secretary of
Agriculture of rules regarding the interstate transportation of captive deer or
elk or any other rule by the Secretary of Agriculture or the Secretary of the
Interior regarding chronic wasting disease proposed before the date of the
enactment of this Act.</text>
</subsection></section>