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






                                                       Calendar No. 989
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, Mr. Barrasso, Mr. Baucus, Mr. Craig, and Mr. 
Smith) introduced the following bill; which was read twice and referred 
            to the Committee on Energy and Natural Resources

                           September 16, 2008

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Wolf Livestock Loss 
Prevention and Mitigation Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

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

<DELETED>SEC. 3. GRANT PROGRAM.</DELETED>

<DELETED>    (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--
</DELETED>
        <DELETED>    (1) activities undertaken to reduce the risk of 
        livestock loss due to predation by predatory species; 
        or</DELETED>
        <DELETED>    (2) livestock losses due to such 
        predation.</DELETED>
<DELETED>    (b) Requirements.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall designate as 
        eligible to receive grants under this section--</DELETED>
                <DELETED>    (A) the States of Montana, Wyoming, and 
                Idaho; and</DELETED>
                <DELETED>    (B) such other States and Indian tribes as 
                the Secretary determines from among States and Indian 
                tribes that have populations of predatory 
                species.</DELETED>
        <DELETED>    (2) Eligibility.--To be eligible to receive a 
        grant under subsection (a), a State or Indian tribe shall--
        </DELETED>
                <DELETED>    (A) designate an appropriate agency in the 
                State or Indian tribe to administer the 1 or more 
                programs funded by the grant;</DELETED>
                <DELETED>    (B) establish 1 or more accounts to 
                receive grant funds;</DELETED>
                <DELETED>    (C) maintain files of all claims received 
                under programs funded by grant, including supporting 
                documentation;</DELETED>
                <DELETED>    (D) submit to the Secretary--</DELETED>
                        <DELETED>    (i) annual reports that include--
                        </DELETED>
                                <DELETED>    (I) a summary of claims 
                                and expenditures under the program 
                                during the year; and</DELETED>
                                <DELETED>    (II) a description of any 
                                action taken on the claims; 
                                and</DELETED>
                        <DELETED>    (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</DELETED>
                <DELETED>    (E) promulgate rules for reimbursing 
                livestock producers under the program in accordance 
                with subsection (c).</DELETED>
        <DELETED>    (3) Allocation of funding.--The Secretary shall 
        allocate funding made available to carry out this section among 
        States and Indian tribes based on--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) whether the State or Indian tribe is 
                located in a geographical area that is at high risk for 
                livestock predation; or</DELETED>
                <DELETED>    (C) such other factors as the Secretary 
                determines.</DELETED>
<DELETED>    (c) Funded Programs.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) fencing;</DELETED>
                <DELETED>    (B) fladry;</DELETED>
                <DELETED>    (C) night penning;</DELETED>
                <DELETED>    (D) increased human presence in the form 
                of livestock herders and riders;</DELETED>
                <DELETED>    (E) guard animals;</DELETED>
                <DELETED>    (F) provision of hay and dog 
                food;</DELETED>
                <DELETED>    (G) voluntary rental of private land or 
                alternative pasture allotments on a temporary 
                basis;</DELETED>
                <DELETED>    (H) delayed turnouts; and</DELETED>
                <DELETED>    (I) other successful preventative 
                measures, as determined by the agency administering the 
                program.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
section.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wolf Livestock Loss Prevention and 
Mitigation Act''.

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 
        domestic animals, as determined by the Secretary.
            (3) Program.--The term ``program'' means the demonstration 
        program established under section 3(a).
            (4) Secretaries.--The term ``Secretaries'' means the 
        Secretary of the Interior and the Secretary of Agriculture, 
        acting jointly.

SEC. 3. WOLF COMPENSATION AND PREVENTION PROGRAM.

    (a) In General.--The Secretaries shall establish a 5-year 
demonstration program to provide grants to States and Indian tribes--
            (1) to assist livestock producers in undertaking proactive, 
        non-lethal activities to reduce the risk of livestock loss due 
        to predation by wolves; and
            (2) to compensate livestock producers for livestock losses 
        due to such predation.
    (b) Criteria and Requirements.--The Secretaries shall--
            (1) establish criteria and requirements to implement the 
        program; and
            (2) when promulgating regulations to implement the program 
        under paragraph (1), consult with States that have implemented 
        State programs that provide assistance to--
                    (A) livestock producers to undertake proactive 
                activities to reduce the risk of livestock loss due to 
                predation by wolves; or
                    (B) provide compensation to livestock producers for 
                livestock losses due to such predation.
    (c) Eligibility.--To be eligible to receive a grant under 
subsection (a), a State or Indian tribe shall--
            (1) designate an appropriate agency of the State or Indian 
        tribe to administer the 1 or more programs funded by the grant;
            (2) establish 1 or more accounts to receive grant funds;
            (3) maintain files of all claims received under programs 
        funded by the grant, including supporting documentation;
            (4) submit to the Secretary--
                    (A) 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
                    (B) such other reports as the Secretary may require 
                to assist the Secretary in determining the 
                effectiveness of activities provided assistance under 
                this section; and
            (5) promulgate rules for reimbursing livestock producers 
        under the program.
    (d) Allocation of Funding.--The Secretaries shall allocate funding 
made available to carry out this Act--
            (1) equally between the uses identified in paragraphs (1) 
        and (2) of subsection (a); and
            (2) 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) any other factors that the Secretaries 
                determine are appropriate.
    (e) Eligible Land.--Activities and losses described in subsection 
(a) may occur on Federal, State, or private land, or land owned by, or 
held in trust for the benefit of, an Indian tribe.
    (f) Federal Cost Share.--The Federal share of the cost of any 
activity provided assistance made available under this Act shall not 
exceed 50 percent of the total cost of the activity.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$1,000,000 for fiscal year 2009 and each fiscal year thereafter.
                                                       Calendar No. 989

110th CONGRESS

  2d Session

                                S. 2875

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 16, 2008

                       Reported with an amendment