16 U.S.C. § 667i — Chronic wasting disease research and

Page 1168 TITLE 16—CONSERVATION § 667i 1 So in original. Probably should be followed by ‘‘section’’. 2 So in original. Inspection Service, to carry out activities to fund research under subsection (c). (Pub. L. 116–188, title I, § 104, Oct. 30, 2020, 134 Stat. 911; Pub. L. 118–198, title I, § 103, Dec. 23, 2024, 138 Stat. 2680.) Editorial Notes AMENDMENTS 2024—Subsec. (b)(1). Pub. L. 118–198, § 103(1)(A), struck out ‘‘after the completion of the study required by sub- section (c)’’ before period at end. Subsec. (b)(5)(A). Pub. L. 118–198, § 103(1)(B), sub- stituted ‘‘90 days after December 23, 2024. The efforts of the Task Force shall not be contingent on the comple- tion of the study required by subsection (c)’’ for ‘‘180 days after the date on which the study is completed under subsection (c)’’. Subsec. (d)(1). Pub. L. 118–198, § 103(2), substituted ‘‘2030’’ for ‘‘2025’’. § 667i. Chronic wasting disease research and management program (a) Research program (1) In general 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 Sec- retary shall offer to enter into cooperative agreements or other legal instruments, as au- thorized under 1 8312 of title 7, with eligible en- tities to conduct research on the transmission of, resistance to, and diagnosis of chronic wasting disease. (2) Criteria for selection 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 en- vironment, and inorganic surfaces, and to decontaminate such infectious prions; or (ii) testing methods that significantly im- prove sensitivity and accelerate timelines for test results on non-live cervids; (B) the long-term suppression or eradi- cation of chronic wasting disease; or 2 (C) determination markers for genetic re- sistance to chronic wasting disease and strategies for using genetic resistance to combat the spread of the disease; (D) sustainable cervid harvest manage- ment practices to reduce chronic wasting disease occurrence and to prevent or limit spatial spread of chronic wasting disease; or (E) factors contributing to local emer- gence of chronic wasting disease, increased prevalence of chronic wasting disease, and distribution of chronic wasting disease, in- cluding mechanisms of disease transmission and effective barriers to transmission. (3) Size of awards To the maximum extent practicable, indi- vidual 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) Administrative costs by eligible entities 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 in- curred by the eligible entity in carrying out the research described in such paragraph. (b) Support for State efforts to manage and con- trol chronic wasting disease (1) In general Subject to the availability of appropriations, the Secretary shall offer to enter into coopera- tive agreements or other legal instruments, as authorized under section 8312 of title 7, with State or Tribal wildlife agencies and depart- ments of agriculture to provide direct finan- cial assistance to support the efforts of such State or Tribal wildlife agencies and depart- ments of agriculture to develop and imple- ment management strategies to address chronic wasting disease within their respec- tive jurisdiction. (2) Application A State or Tribal wildlife agency or depart- ment 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) Funding priorities In allocating funds made available to carry out this subsection for a fiscal year among State and Tribal wildlife agencies or depart- ments of agriculture that submit an applica- tion 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 dis- ease; (B) shown the greatest financial commit- ment to managing, monitoring, surveying, and researching chronic wasting disease; (C) comprehensive policies and programs focused on chronic wasting disease manage- ment that have integrated the programs and policies of all involved agencies related to chronic wasting disease management; (D) the greatest risk of an initial occur- rence of chronic wasting disease originating from surrounding areas; or (E) the greatest need for response to new outbreaks of chronic wasting disease occur- ring in— (i) areas in which chronic wasting dis- ease is already found; or (ii) areas with first infections, with the intent of containing chronic wasting dis- ease in any new area of infection. (4) Rapid response If a State or Indian tribe detects chronic wasting disease in a cervid population within Page 1169 TITLE 16—CONSERVATION § 667i its jurisdiction that was not previously in- fected, 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 imme- diately control the spread of chronic wasting disease within that population. (5) Public education on chronic wasting dis- ease 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 sci- entific knowledge to be used to educate the public on chronic wasting disease and tech- niques to help prevent the spread of the dis- ease. (c) Definitions In this section: (1) Chronic wasting disease The term ‘‘chronic wasting disease’’ means the animal disease afflicting deer, elk, and moose populations that— (A) is a transmissible disease of the nerv- ous 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) Eligible entity The term ‘‘eligible entity’’ means— (A) a State or Tribal department of agri- culture; (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 quali- fied to conduct scientific research on chron- ic wasting disease. (d) Review of herd certification program stand- ards Not later than 18 months after the date of the enactment of this Act, the Secretary shall pub- lish a notice in the Federal Register soliciting public feedback on potential updates and im- provements to the chronic wasting disease herd certification program standards with special consideration given to— (1) minimizing or eliminating the inter- action of captive and wild deer; (2) reviewing and updating indemnity prac- tices, including the use of live testing, to en- sure the timely and targeted removal of chronic wasting disease positive deer from the landscape; and (3) increasing participation in the herd cer- tification program. (e) Authorization of appropriations (1) In general 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) Allocation among programs To the extent practicable, the Secretary shall allocate the funds made available under paragraph (1) evenly between the research pro- gram under subsection (a) and the manage- ment program under subsection (b). (3) Set-aside for wildlife agencies The Secretary shall ensure that, of the funds made available and allocated to carry out sub- section (b), not less than 75 percent of such funds are made available to State or Tribal wildlife agencies. (f) Administrative costs 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) Rule of construction Nothing in this section shall be construed as interfering with, or otherwise affecting, the au- thority of the Federal Government or States to manage wildlife and livestock on land within their respective jurisdictions, including man- aging, surveying, and monitoring the incidence of chronic wasting disease. (Pub. L. 117–328, div. HH, title V, § 603, Dec. 29, 2022, 136 Stat. 5996.) 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 Hun- dred 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 Con- gress, 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 popu- lations, and the increased occurrence of chronic wast- ing disease in regionally diverse locations neces- sitates an escalation in research, surveillance, moni- toring, and management activities focused on con- taining 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 Wast- 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 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 con- stitute a separate violation of this section: Pro- vided 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, 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 take, possess, sell, purchase, barter, offer to sell, purchase or barter, trans- port, 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 sub- chapter, may be assessed a civil penalty by the Secretary of not more than $5,000 for each such violation. Each violation shall be a separate of- fense. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. In deter- mining the amount of the penalty, the gravity of the violation, and the demonstrated good faith of the person charged shall be considered by the Secretary. For good cause shown, the Secretary may remit or mitigate any such pen- alty. Upon any failure to pay the penalty as- sessed under this section, the Secretary may re- quest the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found or resides or transacts business to collect the pen- alty and such court shall have jurisdiction to hear and decide any such action. In hearing any such action, the court must sustain the Sec- retary’s action if supported by substantial evi- dence. (c) Cancellation of grazing agreements The head of any Federal agency who has issued a lease, license, permit, or other agree- ment authorizing the grazing of domestic live- stock on Federal lands to any person who is con- victed of a violation of this subchapter or of any permit or regulation issued hereunder may im- mediately cancel each such lease, license, per- mit, or other agreement. The United States shall not be liable for the payment of any com- pensation, reimbursement, or damages in con- nection with the cancellation of any lease, li- cense, permit, or other agreement pursuant to this section. (June 8, 1940, ch. 278, § 1, 54 Stat. 250; Pub. L. 86–70, § 14, June 25, 1959, 73 Stat. 143; Pub. L. 87–884, Oct. 24, 1962, 76 Stat. 1246; Pub. L. 92–535, § 1, Oct. 23, 1972, 86 Stat. 1064.) Editorial Notes REFERENCES IN TEXT Prior to the addition to this subchapter of the provi- sions relating to preservation of the golden eagle, re- ferred to in subsec. (a), means prior to Oct. 24, 1962, the date such provisions were enacted by Pub. L. 87–884 as an amendment of this section and section 668a of this title. AMENDMENTS 1972—Pub. L. 92–535 designated existing provisions as subsec. (a), substituted ‘‘shall knowingly, or with wan- ton disregard for the consequences of his act take’’ for ‘‘shall take’’, increased fine and imprisonment terms from $500 or six months to $5,000 or one year, and in- serted provisions that a second conviction carry a pen- alty of $10,000 fine or imprisonment of not more than two years, that each taking constitute a separate of- fense, and that informers be rewarded one-half of the fine not exceeding $2,500, and added subsecs. (b) and (c). 1962—Pub. L. 87–884 extended prohibitions against the enumerated acts to the golden eagle and changed pro- viso by substituting ‘‘bald eagle’’, ‘‘June 8, 1940’’ and ‘‘and that nothing in said sections 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 said sections of the provisions relating to preservation of the golden eagle’’ for ‘‘such eagle,’’ ‘‘the effective date of said sec- tions’’ and ‘‘but the proof of such taking shall lie upon the accused in any prosecution under said sections’’, re- spectively.