7 U.S.C. § 8351 — Predatory and other wild animals

Page 2203 TITLE 7—AGRICULTURE § 8351 Sec. 8353. Control of nuisance mammals and birds and those constituting reservoirs of zoonotic diseases; exception. 8354. Expenditures for cooperative agreements to lease aircraft. 8355. Losses of livestock due to depredation by fed- erally protected species. 8356. Depredation permits for black vultures and common ravens; black vulture livestock protection program. § 8351. Predatory and other wild animals (a) In general The Secretary of Agriculture may conduct a program of wildlife services with respect to inju- rious animal species and take any action the Secretary considers necessary in conducting the program. (b) Administration The Secretary shall administer the program in a manner consistent with all of the wildlife serv- ices authorities in effect on the day before Octo- ber 28, 2000. (c) Action by FWS The Director of the United States Fish and Wildlife Service shall use the most expeditious procedure practicable to process and administer permits for take of— (1) a depredating eagle under the Act of June 8, 1940 (commonly known as the ‘‘Bald Eagle Protection Act’’) (54 Stat. 250, chapter 278; 16 U.S.C. 668 et seq.), or sections 22.11 through 22.32 of title 50, Code of Federal Regulations (or successor regulations) (including depreda- tion of livestock, wildlife, and species pro- tected under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or any other Fed- eral management program); or (2) a migratory bird included on the list under section 10.13 of title 50, Code of Federal Regulations (or successor regulations) that is posing a conflict. (Mar. 2, 1931, ch. 370, § 1, 46 Stat. 1468; Pub. L. 102–237, title X, § 1013(d), Dec. 13, 1991, 105 Stat. 1901; Pub. L. 106–387, § 1(a) [title VII, § 767], Oct. 28, 2000, 114 Stat. 1549, 1549A–44; Pub. L. 115–270, title IV, § 4307, Oct. 23, 2018, 132 Stat. 3886.) Editorial Notes REFERENCES IN TEXT The Act of June 8, 1940 (commonly known as the Bald Eagle Protection Act), referred to in subsec. (c)(1), is act June 8, 1940, ch. 278, 54 Stat. 250, which is classified generally to subchapter II of chapter 5A (§ 668 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Tables. The Endangered Species Act of 1973, referred to in subsec. (c)(1), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables. CODIFICATION Section was formerly classified to section 426 of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2018—Pub. L. 115–270 designated first and second sen- tences as subsecs. (a) and (b), respectively, inserted subsec. headings, and added subsec. (c). 2000—Pub. L. 106–387 inserted section catchline and amended text generally. Prior to amendment, text read as follows: ‘‘The Secretary of Agriculture is authorized and directed to conduct such investigations, experi- ments, and tests as he may deem necessary in order to determine, demonstrate, and promulgate the best methods of eradication, suppression, or bringing under control on national forests and other areas of the pub- lic domain as well as on State, Territory, or privately owned lands of mountain lions, wolves, coyotes, bob- cats, prairie dogs, gophers, ground squirrels, jack rab- bits, brown tree snakes, and other animals injurious to agriculture, horticulture, forestry, animal husbandry, wild game animals, fur-bearing animals, and birds, and for the protection of stock and other domestic animals through the suppression of rabies and tularemia in predatory or other wild animals; and to conduct cam- paigns for the destruction or control of such animals: Provided, That in carrying out the provisions of this section the Secretary of Agriculture may cooperate with States, individuals, and public and private agen- cies, organizations, and institutions.’’ 1991—Pub. L. 102–237 inserted ‘‘brown tree snakes,’’ after ‘‘rabbits,’’. Statutory Notes and Related Subsidiaries 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. Pub. L. 99–190, § 101(a) [H.R. 3037, title I, § 101], Dec. 19, 1985, 99 Stat. 1185; Pub. L. 100–202, § 106, Dec. 22, 1987, 101 Stat. 1329–433, provided in part: ‘‘That effective upon the date of enactment of this Act [Dec. 19, 1985] and notwithstanding any other provision of law, the au- thorities of the Secretary of Agriculture under the Act of March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426–426b) [now 7 U.S.C. 8351, 8352], (transferred to the Secretary of the Interior pursuant to section 4(f) of 1939 Reorganization Plan No. II) and all personnel, property, records, unex- pended balances of appropriations, allocations and other funds of the Fish and Wildlife Service, United States Department of the Interior used, held, available or to be made available in connection with the admin- istration of such Act, are hereby transferred from the Secretary of the Interior to the Secretary of Agri- culture, and this appropriation shall be available to carry out such authorities.’’ FERAL SWINE ERADICATION AND CONTROL PILOT PROGRAM Pub. L. 115–334, title II, § 2408, Dec. 20, 2018, 132 Stat. 4574, as amended by Pub. L. 118–22, div. B, title I, § 102(d)(1)(C), Nov. 17, 2023, 137 Stat. 116, provided that: ‘‘(a) IN GENERAL.—The Secretary [of Agriculture] shall establish a feral swine eradication and control pilot program to respond to the threat feral swine pose to agriculture, native ecosystems, and human and ani- mal health. ‘‘(b) DUTIES OF THE SECRETARY.—In carrying out the pilot program, the Secretary shall— ‘‘(1) study and assess the nature and extent of dam- age to the pilot areas caused by feral swine; ‘‘(2) develop methods to eradicate or control feral swine in the pilot areas; ‘‘(3) develop methods to restore damage caused by feral swine; and ‘‘(4) provide financial assistance to agricultural producers in pilot areas. ‘‘(c) ASSISTANCE.—The Secretary may provide finan- cial assistance to agricultural producers under the pilot program to implement methods to— Page 2204 TITLE 7—AGRICULTURE § 8352 ‘‘(1) eradicate or control feral swine in the pilot areas; and ‘‘(2) restore damage caused by feral swine. ‘‘(d) COORDINATION.—The Secretary shall ensure that the Natural Resources Conservation Service and the Animal and Plant Health Inspection Service coordinate for purposes of this section through State technical committees established under section 1261(a) of the Food Security Act of 1985 (16 U.S.C. 3861(a)). ‘‘(e) PILOT AREAS.—The Secretary shall carry out the pilot program in areas of States in which feral swine have been identified as a threat to agriculture, native ecosystems, or human or animal health, as determined by the Secretary. ‘‘(f) COST SHARING.— ‘‘(1) FEDERAL SHARE.—The Federal share of the costs of activities under the pilot program may not exceed 75 percent of the total costs of such activities. ‘‘(2) IN-KIND CONTRIBUTIONS.—The non-Federal share of the costs of activities under the pilot program may be provided in the form of in-kind contributions of materials or services. ‘‘(g) FUNDING.— ‘‘(1) MANDATORY FUNDING.—Of the funds of the Com- modity Credit Corporation, the Secretary shall use to carry out this section $75,000,000 for the period of fis- cal years 2019 through 2023 and $15,000,000 for fiscal year 2024. ‘‘(2) DISTRIBUTION OF FUNDS.—Of the funds made available under paragraph (1)— ‘‘(A) 50 percent shall be allocated to the Natural Resources Conservation Service to carry out the pilot program, including the provision of financial assistance to producers for on-farm trapping and technology related to capturing and confining feral swine; and ‘‘(B) 50 percent shall be allocated to the Animal and Plant Health Inspection Service to carry out the pilot program, including the use of established, and testing of innovative, population reduction methods. ‘‘(3) LIMITATION ON ADMINISTRATIVE EXPENSES.—Not more than 10 percent of funds made available under this section may be used for administrative expenses of the pilot program.’’ WOLF LIVESTOCK LOSS DEMONSTRATION PROJECT Pub. L. 111–11, title VI, subtitle C, Mar. 30, 2009, 123 Stat. 1170, provided that: ‘‘SEC. 6201. DEFINITIONS. ‘‘In this subtitle: ‘‘(1) INDIAN TRIBE.—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) [now 25 U.S.C. 5304]. ‘‘(2) LIVESTOCK.—The term ‘livestock’ means cattle, swine, horses, mules, sheep, goats, livestock guard animals, and other domestic animals, as determined by the Secretary. ‘‘(3) PROGRAM.—The term ‘program’ means the dem- onstration program established under section 6202(a). ‘‘(4) SECRETARIES.—The term ‘Secretaries’ means the Secretary of the Interior and the Secretary of Ag- riculture, acting jointly. ‘‘SEC. 6202. WOLF COMPENSATION AND PREVEN- TION PROGRAM. ‘‘(a) IN GENERAL.—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 live- stock losses due to such predation. ‘‘(b) CRITERIA AND REQUIREMENTS.—The Secretaries shall— ‘‘(1) establish criteria and requirements to imple- ment 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) ELIGIBILITY.—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 pro- grams funded by the grant, including supporting doc- umentation; ‘‘(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 re- quire to assist the Secretary in determining the ef- fectiveness of activities provided assistance under this section; and ‘‘(5) promulgate rules for reimbursing livestock producers under the program. ‘‘(d) ALLOCATION OF FUNDING.—The Secretaries shall allocate funding made available to carry out this sub- title— ‘‘(1) equally between the uses identified in para- graphs (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 live- stock predation; or ‘‘(C) any other factors that the Secretaries deter- mine are appropriate. ‘‘(e) ELIGIBLE LAND.—Activities and losses described in subsection (a) may occur on Federal, State, or pri- vate land, or land owned by, or held in trust for the benefit of, an Indian tribe. ‘‘(f) FEDERAL COST SHARE.—The Federal share of the cost of any activity provided assistance made available under this subtitle shall not exceed 50 percent of the total cost of the activity. ‘‘SEC. 6203. AUTHORIZATION OF APPROPRIATIONS. ‘‘There is authorized to be appropriated to carry out this subtitle $1,000,000 for fiscal year 2009 and each fis- cal year thereafter.’’ § 8352. Authorization of expenditures for the eradication and control of predatory and other wild animals The Secretary of Agriculture is authorized to make such expenditures for equipment, supplies, and materials, including the employment of per- sons and means in the District of Columbia and elsewhere, and to employ such means as may be necessary to execute the functions imposed upon him by section 8351 of this title. (Mar. 2, 1931, ch. 370, § 3, 46 Stat. 1469.) Editorial Notes CODIFICATION Section was formerly classified to section 426b of this title prior to editorial reclassification and renumbering as this section.