[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2875 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2875

    To authorize the Secretary of the Interior to provide grants to 
 designated States and tribes to carry out programs to reduce the risk 
 of livestock loss due to predation by gray wolves and other predator 
     species or to compensate landowners for livestock loss due to 
                               predation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 16, 2008

  Mr. Tester (for himself and Mr. Barrasso) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To authorize the Secretary of the Interior to provide grants to 
 designated States and tribes to carry out programs to reduce the risk 
 of livestock loss due to predation by gray wolves and other predator 
     species or to compensate landowners for livestock loss due to 
                               predation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gray Wolf Livestock Loss Mitigation 
Act of 2008''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Indian tribe.--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).
            (2) Livestock.--The term ``livestock'' means cattle, swine, 
        horses, mules, sheep, goats, livestock guard animals, and other 
        animals, as determined by the Secretary.
            (3) Predatory species.--The term ``predatory species'' 
        means gray wolves, grizzly bear, and other predatory species, 
        as determined by the Secretary.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Fish and Wildlife Service.

SEC. 3. GRANT PROGRAM.

    (a) In General.--The Secretary may provide grants to States and 
Indian tribes described in subsection (b) to pay the Federal share of 
carrying out programs to compensate livestock producers for--
            (1) activities undertaken to reduce the risk of livestock 
        loss due to predation by predatory species; or
            (2) livestock losses due to such predation.
    (b) Requirements.--
            (1) In general.--The Secretary shall designate as eligible 
        to receive grants under this section--
                    (A) the States of Montana, Wyoming, and Idaho; and
                    (B) such other States and Indian tribes as the 
                Secretary determines from among States and Indian 
                tribes that have populations of predatory species.
            (2) Eligibility.--To be eligible to receive a grant under 
        subsection (a), a State or Indian tribe shall--
                    (A) designate an appropriate agency in the State or 
                Indian tribe to administer the 1 or more programs 
                funded by the grant;
                    (B) establish 1 or more accounts to receive grant 
                funds;
                    (C) maintain files of all claims received under 
                programs funded by grant, including supporting 
                documentation;
                    (D) submit to the Secretary--
                            (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 Secretary 
                        may require to assist the Secretary in 
                        determining the effectiveness of programs 
                        carried out under this section; and
                    (E) promulgate rules for reimbursing livestock 
                producers under the program in accordance with 
                subsection (c).
            (3) Allocation of funding.--The Secretary shall allocate 
        funding made available to carry out this section among States 
        and Indian tribes based on--
                    (A) the level of livestock predation in the State 
                or on the land owned by, or held in trust for the 
                benefit of, the Indian tribe;
                    (B) whether the State or Indian tribe is located in 
                a geographical area that is at high risk for livestock 
                predation; or
                    (C) such other factors as the Secretary determines.
    (c) Funded Programs.--
            (1) Preventative programs.--A program funded by a grant 
        under subsection (a)(1) shall compensate livestock producers 
        for activities that reduce the risk of livestock loss due to 
        predation, including--
                    (A) fencing;
                    (B) fladry;
                    (C) night penning;
                    (D) increased human presence in the form of 
                livestock herders and riders;
                    (E) guard animals;
                    (F) provision of hay and dog food;
                    (G) voluntary rental of private land or alternative 
                pasture allotments on a temporary basis;
                    (H) delayed turnouts; and
                    (I) other successful preventative measures, as 
                determined by the agency administering the program.
            (2) Compensatory programs.--A program funded by a grant 
        under subsection (a)(2) shall compensate livestock producers 
        for losses due to predation of the livestock of the livestock 
        producers.
            (3) Eligible land.--Activities described in paragraph (1) 
        and losses described in paragraph (2) may occur on Federal, 
        State, or private land, or land owned by, or held in trust for 
        the benefit of, an Indian tribe.
            (4) Federal cost share.--The Federal share of the cost of 
        carrying out a program described in paragraph (1) or (2) for 
        any fiscal year shall not exceed 50 percent of the total annual 
        cost of the program.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.
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