§667i — Title 16 Conservation | U.S. Code

Summary

The Secretary of Agriculture must set up a research program within 90 days after money for it is available. The program will offer cooperative agreements to eligible groups to study how chronic wasting disease (CWD) spreads, how animals resist it, and how to diagnose it. Priority research topics include better ways to detect and clean up infectious prions in live and dead animals, the environment, and surfaces; long-term suppression or eradication; genetic resistance and how to use it; harvest and management practices to lower CWD; and why CWD appears or spreads in certain places. Each award should be between 2% and 10% of the money for the program. An award recipient may use up to 10% of its award for administrative costs. The Secretary must also offer agreements to State and Tribal wildlife agencies and agriculture departments to help them plan and act against CWD. Applicants must apply as the Secretary requires. Priority for funds goes to States and Tribes with the highest CWD rates, biggest financial commitment, strong CWD programs, high risk from nearby areas, or urgent needs to contain new outbreaks. If a State or Tribe finds CWD in a new herd, the Secretary may quickly provide emergency funds. The Secretary must publish a notice within 18 months asking for public feedback on herd certification updates. Authorized funding is $70,000,000 each year for fiscal years 2022 through 2028, to remain available until spent. The funds should be split evenly between research and management when possible, at least 75% of management funds must go to State or Tribal wildlife agencies, and the Secretary may use up to 10% of the funds for administration. Definitions: CWD — a contagious brain disease in deer, elk, and moose (a prion disease); Eligible entity — State/Tribal agriculture or wildlife agencies, Tribal research facilities, colleges, or research centers that study CWD. The law does not change federal or State authority to manage wildlife or livestock.

Title 16, §667i

Conservation — Source: USLM XML via OLRC

(a)(1)Not later than 90 days after the date on which funds are made available to carry out this section, the Secretary of Agriculture shall establish a program under which the Secretary shall offer to enter into cooperative agreements or other legal instruments, as authorized under 11 So in original. Probably should be followed by “section”. 8312 of title 7, with eligible entities to conduct research on the transmission of, resistance to, and diagnosis of chronic wasting disease.

(2)In entering into cooperative agreements or other legal instruments pursuant to paragraph (1), the Secretary shall give priority to eligible entities that shall conduct research relating to—

(A)(i)methods and products to effectively detect infectious chronic wasting disease prions in live cervids, cervid excreta, the environment, and inorganic surfaces, and to decontaminate such infectious prions; or

(ii)testing methods that significantly improve sensitivity and accelerate timelines for test results on non-live cervids;

(B)the long-term suppression or eradication of chronic wasting disease; or 22 So in original.

(C)determination markers for genetic resistance to chronic wasting disease and strategies for using genetic resistance to combat the spread of the disease;

(D)sustainable cervid harvest management practices to reduce chronic wasting disease occurrence and to prevent or limit spatial spread of chronic wasting disease; or

(E)factors contributing to local emergence of chronic wasting disease, increased prevalence of chronic wasting disease, and distribution of chronic wasting disease, including mechanisms of disease transmission and effective barriers to transmission.

(3)To the maximum extent practicable, individual cooperative agreements or other legal instruments entered into under paragraph (1) shall be not less than two percent and not more than 10 percent of the funds appropriated to carry out this section.

(4)Of the amount of a cooperative agreement or other legal instrument entered into with an eligible entity under paragraph (1), the eligible entity may use not more than 10 percent of such amounts for administrative costs incurred by the eligible entity in carrying out the research described in such paragraph.

(b)(1)Subject to the availability of appropriations, the Secretary shall offer to enter into cooperative agreements or other legal instruments, as authorized under section 8312 of title 7, with State or Tribal wildlife agencies and departments of agriculture to provide direct financial assistance to support the efforts of such State or Tribal wildlife agencies and departments of agriculture to develop and implement management strategies to address chronic wasting disease within their respective jurisdiction.

(2)A State or Tribal wildlife agency or department of agriculture seeking direct financial assistance under this subsection shall submit to the Secretary an application at such time and manner, and containing such information as the Secretary may require.

(3)In allocating funds made available to carry out this subsection for a fiscal year among State and Tribal wildlife agencies or departments of agriculture that submit an application for direct financial assistance under this subsection, the Secretary shall give priority to States and Indian tribes that have—

(A)within their respective jurisdictions, the highest incidence of chronic wasting disease;

(B)shown the greatest financial commitment to managing, monitoring, surveying, and researching chronic wasting disease;

(C)comprehensive policies and programs focused on chronic wasting disease management that have integrated the programs and policies of all involved agencies related to chronic wasting disease management;

(D)the greatest risk of an initial occurrence of chronic wasting disease originating from surrounding areas; or

(E)the greatest need for response to new outbreaks of chronic wasting disease occurring in—

(i)areas in which chronic wasting disease is already found; or

(ii)areas with first infections, with the intent of containing chronic wasting disease in any new area of infection.

(4)If a State or Indian tribe detects chronic wasting disease in a cervid population within its jurisdiction that was not previously infected, the Secretary may, notwithstanding paragraphs (2) and (3), immediately issue funds made available under subsection (e), in an amount to be determined by the Secretary, to support State and Tribal efforts to immediately control the spread of chronic wasting disease within that population.

(5)The Secretary, in consultation with State and Tribal departments of agriculture and wildlife agencies, organizations representing the farmed cervid industry, and organizations representing deer hunters, shall develop and maintain materials based on the latest scientific knowledge to be used to educate the public on chronic wasting disease and techniques to help prevent the spread of the disease.

(c)In this section:

(1)The term “chronic wasting disease” means the animal disease afflicting deer, elk, and moose populations 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 includes scrapie, bovine spongiform encephalopathy, and Cruetzfeldt-Jakob disease.

(2)The term “eligible entity” means—

(A)a State or Tribal department of agriculture;

(B)a State or Tribal wildlife agency;

(C)a Tribal research facility;

(D)an institution of higher education (as defined in section 1001 of title 20); and

(E)a research center conducting or qualified to conduct scientific research on chronic wasting disease.

(d)Not later than 18 months after the date of the enactment of this Act, the Secretary shall publish a notice in the Federal Register soliciting public feedback on potential updates and improvements to the chronic wasting disease herd certification program standards with special consideration given to—

(1)minimizing or eliminating the interaction of captive and wild deer;

(2)reviewing and updating indemnity practices, including the use of live testing, to ensure the timely and targeted removal of chronic wasting disease positive deer from the landscape; and

(3)increasing participation in the herd certification program.

(e)(1)There is authorized to be appropriated to the Secretary to carry out this section $70,000,000 for each of fiscal years 2022 through fiscal year 2028, to remain available until expended.

(2)To the extent practicable, the Secretary shall allocate the funds made available under paragraph (1) evenly between the research program under subsection (a) and the management program under subsection (b).

(3)The Secretary shall ensure that, of the funds made available and allocated to carry out subsection (b), not less than 75 percent of such funds are made available to State or Tribal wildlife agencies.

(f)Of the funds made available under subsection (e) for a fiscal year to carry out this section, the Secretary may use not more than 10 percent of such funds for administrative costs incurred by the Secretary in carrying out this section.

(g)Nothing in this section shall be construed as interfering with, or otherwise affecting, the authority of the Federal Government or States to manage wildlife and livestock on land within their respective jurisdictions, including managing, surveying, and monitoring the incidence of chronic wasting disease.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of the enactment of this Act, referred to in subsec. (d), probably means the date of enactment of Pub. L. 117–328, which enacted into law H.R. 5608, One Hundred Seventeenth Congress, as engrossed in the House of Representatives on Dec. 8, 2021, and which was approved Dec. 29, 2022. Codification Section is based on section 3 of H.R. 5608, One Hundred Seventeenth Congress, as engrossed in the House of Representatives on Dec. 8, 2021, which was enacted into law by section 603 of Pub. L. 117–328.

Statutory Notes and Related Subsidiaries

Findings section 2 of H.R. 5608, One Hundred Seventeenth Congress, as engrossed in the House of Representatives on Dec. 8, 2021, which was enacted into law by Pub. L. 117–328, div. HH, title V, § 603, Dec. 29, 2022, 136 Stat. 5996, provided that: “Congress finds the following: “(1) Chronic wasting disease, the fatal neurological disease found in cervids, is a fundamental threat to the health and vibrancy of deer, elk, and moose populations, and the increased occurrence of chronic wasting disease in regionally diverse locations necessitates an escalation in research, surveillance, monitoring, and management activities focused on containing and managing chronic wasting disease. “(2) A focus on research into the transmission of, resistance to, diagnosis of, and epidemiology of chronic wasting disease is needed to inform future policies to combat the disease and ensure the health of cervid populations. “(3) Because States and Tribes have diverse policies for addressing chronic wasting disease, the Federal Government, in consultation with the Chronic Wasting Disease Task Force established by section 104 of America’s Conservation Enhancement Act (Public Law 116–188) [16 U.S.C. 667h], should coordinate financial and technical support to States and Tribes, State and Tribal departments of agriculture, State and Tribal wildlife agencies, institutions of higher education, and research centers conducting scientific research on chronic wasting disease. “(4) Pursuant to State and Federal law, the States retain primacy and policymaking authority with regard to wildlife management. “(5) Under current policies, chronic wasting disease remains a systemic threat to cervids. “(6) Scientific advances that lead to the ability to stop transmission of chronic wasting disease are needed to ensure the long-term viability of cervids.”

§667i Chronic Wasting Disease Research and Management Program