1.This Act may be cited as the
Wolf Livestock Loss Prevention and
Mitigation Act
.
2.In this Act:
(1)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)The
term livestock means cattle, swine, horses, mules, sheep, goats,
livestock guard animals, and other animals, as determined by the
Secretary.
(3)The term predatory species means gray
wolves, grizzly bear, and other predatory species, as determined by the
Secretary.
(4)The
term Secretary means the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife Service.
3.
(a)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)
(1)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)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)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)
(1)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)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)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)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
appropriationsThere are authorized to be appropriated such sums
as are necessary to carry out this section.
1.This Act may be cited as the
Wolf Livestock Loss Prevention and
Mitigation Act
.
2.In this Act:
(1)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)The
term livestock means cattle, swine, horses, mules, sheep, goats,
livestock guard animals, and other domestic animals, as determined by the
Secretary.
(3)The
term program
means the demonstration program established under
section 3(a).
(4)The
term Secretaries
means the Secretary of the Interior and the
Secretary of Agriculture, acting jointly.
3.Wolf compensation and
prevention program
(a)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
RequirementsThe 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)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)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)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)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.
4.Authorization of
appropriationsThere is
authorized to be appropriated to carry out this Act $1,000,000 for fiscal year
2009 and each fiscal year thereafter.
September 16, 2008
Reported with an amendment