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7 U.S.C. § 8355 — Losses of livestock due to depredation by federally protected species
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Depredation**
(A) *In general* — The term “depredation” means actual death, injury, or destruction of livestock that is caused by a federally protected species.
(B) *Exclusions* — The term “depredation” does not include damage to real or personal property other than livestock, including—
(i) damage to—
(I) other animals;
(II) vegetation;
(III) motor vehicles; or
(IV) structures;
(ii) diseases;
(iii) lost profits; or
(iv) consequential damages.
(2) **Federally protected species** — The term “federally protected species” means a species that is or previously was protected under—
(A) the Act of June 8, 1940 (commonly known as the “Bald and Golden Eagle Protection Act”) (54 Stat. 250, chapter 278; [16 U.S.C. 668](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section668&num=0&edition=prelim) et seq.);
(B) the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.); or
(C) the Migratory Bird Treaty Act ([16 U.S.C. 703](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section703&num=0&edition=prelim) et seq.).
(3) **Indian Tribe** — The term “Indian Tribe” has the meaning given to the term “Indian tribe” in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim).
(4) **Livestock**
(A) *In general* — The term “livestock” means horses, mules and asses, rabbits, llamas, cattle, bison, swine, sheep, goats, poultry, bees, honey and beehives, or any other animal generally used for food or in the production of food or fiber.
(B) *Inclusion* — The term
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Source file: Laws/federal/codes/united-states-code/title-7/section-8355-losses-of-livestock-due-to-depredation-by-federally-protected-species--9b966f19b2.md
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Source location: Title 7, Chapter 109A, § 8355; chapter-109a-control-of-wild-animals.md
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**(a) Definitions** In this section:
(1) **Depredation**
(A) *In general* — The term “depredation” means actual death, injury, or destruction of livestock that is caused by a federally protected species.
(B) *Exclusions* — The term “depredation” does not include damage to real or personal property other than livestock, including—
(i) damage to—
(I) other animals;
(II) vegetation;
(III) motor vehicles; or
(IV) structures;
(ii) diseases;
(iii) lost profits; or
(iv) consequential damages.
(2) **Federally protected species** — The term “federally protected species” means a species that is or previously was protected under—
(A) the Act of June 8, 1940 (commonly known as the “Bald and Golden Eagle Protection Act”) (54 Stat. 250, chapter 278; [16 U.S.C. 668](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section668&num=0&edition=prelim) et seq.);
(B) the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.); or
(C) the Migratory Bird Treaty Act ([16 U.S.C. 703](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section703&num=0&edition=prelim) et seq.).
(3) **Indian Tribe** — The term “Indian Tribe” has the meaning given to the term “Indian tribe” in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim).
(4) **Livestock**
(A) *In general* — The term “livestock” means horses, mules and asses, rabbits, llamas, cattle, bison, swine, sheep, goats, poultry, bees, honey and beehives, or any other animal generally used for food or in the production of food or fiber.
(B) *Inclusion* — The term “livestock” includes guard animals actively engaged in the protection of livestock described in subparagraph (A).
(5) **Program** — The term “program” means the grant program established under subsection (b)(1).
(6) **Secretaries** — The term “Secretaries” means—
(A) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and
(B) the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service.
**(b) Grant program for losses of livestock due to depredation by federally protected species**
(1) **In general** — The Secretaries shall establish a program to provide grants to States and Indian Tribes to supplement amounts provided by States, Indian Tribes, or State agencies under 1 or more programs established by the States and Indian Tribes (including programs established after October 30, 2020)—
(A) to assist livestock producers in carrying out—
(i) proactive and nonlethal activities to reduce the risk of livestock loss due to depredation by federally protected species occurring on—
(I) Federal, State, or private land within the applicable State; or
(II) land owned by, or held in trust for the benefit of, the applicable Indian Tribe; and
(ii) research relating to the activities described in clause (i); and
(B) to compensate livestock producers for livestock losses due to depredation by federally protected species occurring on—
(i) Federal, State, or private land within the applicable State; or
(ii) land owned by, or held in trust for the benefit of, the applicable Indian Tribe.
(2) **Allocation of funding**
(A) *Reports to the secretaries* — Not later than September 30 of each year, a State or Indian Tribe desiring to receive a grant under the program shall submit to the Secretaries a report describing, for the 1-year period ending on that September 30, the losses of livestock due to depredation by federally protected species occurring on—
(i) Federal, State, or private land within the applicable State; or
(ii) land owned by, or held in trust for the benefit of, the applicable Indian Tribe.
(B) *Allocation* — The Secretaries shall allocate available funding to carry out this Act among States and Indian Tribes for a 1-year period ending on September 30 based on the losses described in the reports submitted for the previous 1-year period ending on September 30 under subparagraph (A).
(3) **Eligibility** — To be eligible to receive a grant under paragraph (1), a State or Indian Tribe shall—
(A) designate an appropriate agency of the State or Indian Tribe to administer the 1 or more programs supplemented by the grant funds;
(B) establish 1 or more accounts to receive grant funds;
(C) maintain files of all claims received and paid under grant-funded programs, including supporting documentation; and
(D) submit to the Secretaries—
(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 Secretaries may require to assist the Secretaries in determining the effectiveness of assisted activities under this section.
**(c) Sense of Congress** It is the sense of Congress that—
(1) no State or Indian Tribe is required to participate in the program; and
(2) the program supplements, and does not replace or supplant, any State compensation programs for depredation.
**(d) Authorization of appropriations** There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2021 through 2030, of which—
(1) $5,000,000 shall be used to provide grants for the purposes described in subsection (b)(1)(A); and
(2) $10,000,000 shall be used to provide grants for the purpose described in subsection (b)(1)(B).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibited acts; criminal penalties** Whoever, within the United States or any place subject to the jurisdiction thereof, without being permitted to do so as provided in this subchapter, shall knowingly, or with wanton disregard for the consequences of his act take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or in any manner any bald eagle commonly known as the American eagle or any golden eagle, alive or dead, or any part, nest, or egg thereof of the foregoing eagles, or whoever violates any permit or regulation issued pursuant to this subchapter, shall be fined not more than $5,000 or imprisoned not more than one year or both: Provided, That in the case of a second or subsequent conviction for a violation of this section committed after October 23, 1972, such person shall be fined not more than $10,000 or imprisoned not more than two years, or both: Provided further, That the commission of each taking or other act prohibited by this section with respect to a bald or golden eagle shall constitute a separate violation of this section: Provided further, That one-half of any such fine, but not to exceed $2,500, shall be paid to the person or persons giving information which leads to conviction: Provided further, That nothing herein shall be construed to prohibit possession or transportation of any bald eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to June 8, 1940, and that nothing herein shall be construed to prohibit possession or transportation of any golden eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to the addition to this subchapter of the provisions relating to preservation of the golden eagle.
**(b) Civil penalties** Whoever, wi
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares that—
(1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation;
(2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction;
(3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people;
(4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to—
(A) migratory bird treaties with Canada and Mexico;
(B) the Migratory and Endangered Bird Treaty with Japan;
(C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere;
(D) the International Convention for the Northwest Atlantic Fisheries;
(E) the International Convention for the High Seas Fisheries of the North Pacific Ocean;
(F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and
(G) other international agreements; and
(5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the Nation’s international commitments and to better safeguarding, for the benefit of all citizens, the Nation’s heritage in fish, wildlife, and plants.
**(b) Purposes** The purposes of this chapter are to provide a means whereby the ecosystems upon which endangered
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Federal law — U.S. Code and appendices · legal_authorities
The purpose of this chapter is to encourage partnerships among public agencies and other interested persons to promote fish conservation—
(1) to achieve measurable habitat conservation results through strategic actions of Fish Habitat Partnerships that lead to better fish habitat conditions and increased fishing opportunities by—
(A) improving ecological conditions;
(B) restoring natural processes; or
(C) preventing the decline of intact and healthy systems;
(2) to establish a consensus set of national conservation strategies as a framework to guide future actions and investment by Fish Habitat Partnerships;
(3) to broaden the community of support for fish habitat conservation by—
(A) increasing fishing opportunities;
(B) fostering the participation of local communities, especially young people in local communities, in conservation activities; and
(C) raising public awareness of the role healthy fish habitat play in the quality of life and economic well-being of local communities;
(4) to fill gaps in the National Fish Habitat Assessment and the associated database of the National Fish Habitat Assessment—
(A) to empower strategic conservation actions supported by broadly available scientific information; and
(B) to integrate socioeconomic data in the analysis to improve the lives of humans in a manner consistent with fish habitat conservation goals; and
(5) to communicate to the public and conservation partners—
(A) the conservation outcomes produced collectively by Fish Habitat Partnerships; and
(B) new opportunities and voluntary approaches for conserving fish habitat.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Unless and except as permitted by regulations made as hereinafter provided in this subchapter, it shall be unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for shipment, ship, export, import, cause to be shipped, exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export, any migratory bird, any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof, included in the terms of the conventions between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916 (39 Stat. 1702), the United States and the United Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936, the United States and the Government of Japan for the protection of migratory birds and birds in danger of extinction, and their environment concluded March 4, 1972, and the convention between the United States and the Union of Soviet Socialist Republics for the conservation of migratory birds and their environments concluded November 19, 1976.
**(b) Limitation on application to introduced species**
(1) **In general** — This subchapter applies only to migratory bird species that are native to the United States or its territories.
(2) **Native to the United States defined**
(A) *In general* — Subject to subparagraph (B), in this subsection the term “native to the United States or its territories” me
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
**(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
If any clause, sentence, paragraph, or part of this subchapter, which shall be known by the short title of the “Migratory Bird Treaty Act”, shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1909
TITLE 16—CONSERVATION
§ 1531
maintenance of continuing and stable supply of agri-
cultural commodities and forest products.
Section 1502, Pub. L. 91–524, title X, § 1002, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242, required
eligible landowners and operators to furnish plan of
farming operations or land use to Secretary.
Section 1503, Pub. L. 91–524, title X, § 1003, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242; amended
Pub. L. 93–125, § 1(g)(i), Oct. 18, 1973, 87 Stat. 450, related
to approved conservation plans as basis for contracts,
duties under contracts, and termination or modifica-
tion of contracts.
Section 1504, Pub. L. 91–524, title X, § 1004, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243, author-
ized furnishing of conservation materials to eligible
owners and operators.
Section 1505, Pub. L. 91–524, title X, § 1005, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243; amended
Pub. L. 95–113, title XV, § 1509, Sept. 29, 1977, 91 Stat.
1022, authorized establishment of multiyear set-aside
contracts.
Section 1506, Pub. L. 91–524, title X, § 1006, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, author-
ized issuance of rules and regulations as well as limita-
tions on total retired acreage.
Section 1507, Pub. L. 91–524, title X, § 1007, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244; amended
Pub. L. 93–125, § 1(g)(ii), Oct. 18, 1973, 87 Stat. 450, di-
rected appointment of advisory boards to assist in de-
velopment of programs under this chapter.
Section 1508, Pub. L. 91–524, title X, § 1008, as added
Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, directed
coordination with and utilization of Federal, State, and
local services and facili
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Federal law — U.S. Code and appendices · legal_authorities
Page 1170
TITLE 16—CONSERVATION
§ 668
ing Disease Task Force established by section 104 of
America’s Conservation Enhancement Act (Public
Law 116–188) [16 U.S.C. 667h], should coordinate finan-
cial and technical support to States and Tribes, State
and Tribal departments of agriculture, State and
Tribal wildlife agencies, institutions of higher edu-
cation, and research centers conducting scientific re-
search on chronic wasting disease.
‘‘(4) Pursuant to State and Federal law, the States
retain primacy and policymaking authority with re-
gard 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.’’
SUBCHAPTER II—PROTECTION OF BALD
AND GOLDEN EAGLES
§ 668. Bald and golden eagles
(a) Prohibited acts; criminal penalties
Whoever, within the United States or any
place subject to the jurisdiction thereof, with-
out being permitted to do so as provided in this
subchapter, shall knowingly, or with wanton
disregard for the consequences of his act take,
possess, sell, purchase, barter, offer to sell, pur-
chase or barter, transport, export or import, at
any time or in any manner any bald eagle com-
monly known as the American eagle or any
golden eagle, alive or dead, or any part, nest, or
egg thereof of the foregoing eagles, or whoever
violates any permit or regulation issued pursu-
ant to this subchapter, shall be fined not more
than $5,000 or imprisoned not more than one
year or both: Provided, That in the case of a sec-
ond or subsequent conviction for a violation of
this section committed after October 23, 1972,
such person shall be fi
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Federal law — U.S. Code and appendices · legal_authorities
Page 1262
TITLE 16—CONSERVATION
§ 702
(12) provide training and information to appropriate
employees on methods and means of avoiding or mini-
mizing the take of migratory birds and conserving and
restoring migratory bird habitat;
(13) promote migratory bird conservation in inter-
national activities and with other countries and inter-
national partners, in consultation with the Department
of State, as appropriate or relevant to the agency’s au-
thorities;
(14) recognize and promote economic and recreational
values of birds, as appropriate; and
(15) develop partnerships with non-Federal entities to
further bird conservation.
(f) Notwithstanding the requirement to finalize an
MOU within 2 years, each agency is encouraged to im-
mediately begin implementing the conservation meas-
ures set forth above in subparagraphs (1) through (15) of
this section, as appropriate and practicable.
(g) Each agency shall advise the public of the avail-
ability of its MOU through a notice published in the
Federal Register.
SEC. 4. Council for the Conservation of Migratory Birds.
(a) The Secretary of Interior shall establish an inter-
agency Council for the Conservation of Migratory Birds
(Council) to oversee the implementation of this order.
The Council’s duties shall include the following: (1)
sharing the latest resource information to assist in the
conservation and management of migratory birds; (2)
developing an annual report of accomplishments and
recommendations related to this order; (3) fostering
partnerships to further the goals of this order; and (4)
selecting an annual recipient of a Presidential Migra-
tory Bird Federal Stewardship Award for contributions
to the protection of migratory birds.
(b) The Council shall include representation, at the
bureau di
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Federal law — U.S. Code and appendices · legal_authorities
Page 2205
TITLE 7—AGRICULTURE
§ 8355
1 See Reference in Text note below.
Executive Documents
TRANSFER OF FUNCTIONS
Functions of Secretary of Agriculture administered
through Bureau of Biological Survey, relating to con-
servation of wildlife, game, and migratory birds, trans-
ferred to Secretary of the Interior by 1939 Reorg. Plan
No. II, § 4(f), eff. July 1, 1939, set out in the Appendix to
Title 5, Government Organization and Employees. See
also sections 401 to 404 of said plan for provisions relat-
ing to transfer of functions, records, property, per-
sonnel, and funds.
§ 8353. Control of nuisance mammals and birds
and those constituting reservoirs of zoonotic
diseases; exception
On and after December 22, 1987, the Secretary
of Agriculture is authorized, except for urban
rodent control, to conduct activities and to
enter into agreements with States, local juris-
dictions, individuals, and public and private
agencies, organizations, and institutions in the
control of nuisance mammals and birds and
those mammal and bird species that are res-
ervoirs for zoonotic diseases, and to deposit any
money collected under any such agreement into
the appropriation accounts that incur the costs
to be available immediately and to remain
available until expended for Animal Damage
Control activities.
(Pub. L. 100–202, § 101(k) [title I], Dec. 22, 1987, 101
Stat. 1329–322, 1329–331.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 426c of this
title prior to editorial reclassification and renumbering
as this section.
§ 8354. Expenditures for cooperative agreements
to lease aircraft
On and after November 10, 2005, notwith-
standing any other provision of law, the Sec-
retary of Agriculture may use appropriations
available to the S
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