[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6276 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6276

  To authorize the Secretary of the Interior to identify and declare 
wildlife disease emergencies and to coordinate rapid response to these 
                  emergencies, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2010

Ms. Shea-Porter (for herself and Ms. Bordallo) introduced the following 
bill; which was referred to the Committee on Natural Resources, and in 
     addition to the Committee on Agriculture, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
  To authorize the Secretary of the Interior to identify and declare 
wildlife disease emergencies and to coordinate rapid response to these 
                  emergencies, and for other purposes.

    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 ``Wildlife Disease Emergency Act of 
2010''.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) authorize the Secretary of the Interior to identify and 
        declare wildlife disease emergencies;
            (2) establish a fund through which the Secretary may 
        coordinate rapid response to these emergencies; and
            (3) prepare for, identify, and address diseases adversely 
        affecting wildlife populations and biodiversity through 
        strategic and coordinated actions between the Federal agencies 
        and State and local agencies, Indian tribes, and 
        nongovernmental organizations.

SEC. 3. DECLARATION OF WILDLIFE DISEASE EMERGENCY.

    (a) In General.--The Secretary of the Interior, in consultation 
with the Governor of a potentially affected State or States, may 
declare within such State or States a wildlife disease emergency for 
disease that is--
            (1) occurring within the United States; or
            (2) occurring outside the United States with the potential 
        to enter the United States.
    (b) Considerations.--In making a declaration under subsection (a), 
the Secretary shall consider--
            (1) the level of threat the disease poses to affected 
        wildlife populations, based on the--
                    (A) relative threat to population levels;
                    (B) relative strength of the contagion and spread 
                of the disease;
                    (C) observed rate of morbidity or mortality of the 
                disease; and
                    (D) priority of affected species or ecosystems, 
                including--
                            (i) species listed under the Endangered 
                        Species Act of 1973 (16 U.S.C. 1531 et seq.);
                            (ii) species protected by the Migratory 
                        Bird Treaty Act (16 U.S.C. 703 et seq.), Marine 
                        Mammal Protection Act of 1972 (16 U.S.C. 1361 
                        et seq.), or other Federal statutes;
                            (iii) species and habitats identified as 
                        priorities through the National Fish and 
                        Wildlife Climate Adaptation Plan or other 
                        Federal, State or local laws, regulations, and 
                        conservation plans; and
                            (iv) wildlife located on Federal lands;
            (2) the sufficiency of resources available in the Wildlife 
        Disease Emergency Fund established under section 4;
            (3) the ability of the Department of the Interior and other 
        Federal, State, and local agencies, tribal governments, and 
        other stakeholders to address and coordinate response to the 
        disease through other authorities; and
            (4) the request of any State Governor to make such a 
        declaration.
    (c) Response Coordination.--
            (1) In general.--Upon a declaration of a wildlife disease 
        emergency by the Secretary, the Secretary shall lead a 
        coordinated response to the emergency that shall include 
        appropriate Federal agencies, State and local governments, 
        Indian tribes, nongovernmental organizations, or other 
        stakeholders.
            (2) Grant program.--The Secretary shall develop and 
        implement a grant program to provide funding to State wildlife 
        agencies and Indian tribes to address wildlife disease 
        emergencies.

SEC. 4. WILDLIFE DISEASE EMERGENCY FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a separate account, which shall be known as the 
``Wildlife Disease Emergency Fund'' and shall consist of--
            (1) such amounts as are appropriated to the Secretary for 
        activities to address wildlife disease emergencies authorized 
        by this Act; and
            (2) any amounts received by the Secretary as donations, 
        gifts, or contributions identified for use to address wildlife 
        disease emergencies.
    (b) Expenditures From Fund.--Subject to the availability of 
appropriations, amounts in the fund shall be available to the Secretary 
for use in carrying out activities authorized by this Act.

SEC. 5. WILDLIFE DISEASE COMMITTEE.

    (a) Establishment.--The Secretary may establish a Wildlife Disease 
Committee. The purpose of the Committee shall be to assist the 
Secretary in increasing the level of preparedness of the United States 
to address emerging wildlife diseases.
    (b) Purpose.--The Committee shall--
            (1) advise the Secretary on risk assessment, preparation, 
        monitoring, research, and response to wildlife diseases that 
        may significantly impact the health and sustainability of 
        wildlife populations; and
            (2) draft reports, recommendations, plans, or other 
        documents toward accomplishment of these purposes as 
        appropriate.
    (c) Membership.--Members of the Committee--
            (1) shall be appointed by the Secretary from among 
        individuals who are qualified by education, training, and 
        experience; and
            (2) shall include--
                    (A) individuals employed by Federal and State 
                agencies and tribal entities who have expertise in 
                wildlife health, biology, ecology, wildlife 
                conservation, and natural resource management; and
                    (B) representatives of public and private 
                organizations who have such expertise.
    (d) Committee Chair.--The Committee shall be chaired by the 
Secretary or a designee of the Secretary.
    (e) Staffing and Assistance.--The Secretary shall make available to 
the Committee any staff, information, administrative services, or 
assistance the Secretary determines is reasonably required to enable 
the Committee to carry out its functions.
    (f) Renewal.--Notwithstanding the Federal Advisory Committee Act (5 
U.S.C. 5 et al.), the Secretary may renew the Committee beyond the date 
it would otherwise terminate under that Act.

SEC. 6. RAPID RESPONSE TEAMS.

    The Secretary, in consultation with the Committee as appropriate, 
may convene rapid response teams to address any particular wildlife 
disease emergency.

SEC. 7. SAVINGS CLAUSE.

    Nothing in this Act shall be construed to--
            (1) limit the Secretary's authority to respond to wildlife 
        disease events that are not declared wildlife disease 
        emergencies under this Act; or
            (2) limit, repeal, supersede, or modify any provision of 
        Federal, State, local, or tribal laws and regulations.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Disease.--The term ``disease'' means an infectious or 
        noninfectious, pathological condition occurring in a 
        susceptible population of wildlife, and that is not zoonotic.
            (2) Fund.--The term ``fund'' means the Wildlife Disease 
        Emergency Fund as established by section 4.
            (3) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means any State, the 
        District of Columbia, American Samoa, Guam, the Commonwealth of 
        the Northern Mariana Islands, Puerto Rico, and the United 
        States Virgin Islands.
            (6) United states.--The term ``United States'' includes the 
        States and the territories and possessions of the United 
        States.
            (7) Wildlife.--The term ``wildlife'' means any species 
        native to the United States including nondomesticated mammals, 
        fish, birds, amphibians, reptiles, mollusks, and arthropods.
            (8) Wildlife disease emergency.--The term ``wildlife 
        disease emergency'' means a disease that is--
                    (A) infectious and caused by a newly discovered 
                pathogen or a known infectious disease that is 
                expanding its geographic range, species impacted, or 
                other recognized impacts;
                    (B) posing significant threats to the 
                sustainability of a wildlife species;
                    (C) spreading rapidly; or
                    (D) posing a significant threat to the health of a 
                functioning ecosystem in a priority landscape 
                identified as part of the National Fish and Wildlife 
                Climate Change Adaptation Plan or another Federal, 
                State, local, or tribal law, regulation, or 
                conservation plan.
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