16 U.S.C. § 667h — Chronic Wasting Disease Task Force

Page 1165 TITLE 16—CONSERVATION § 667h Editorial Notes CODIFICATION Section was formerly classified to section 448 of Title 7, Agriculture, prior to editorial reclassification and re- numbering as this section. § 667g–2. Authorization of appropriations for re- imbursement of Commodity Credit Corpora- tion There are authorized to be appropriated such sums as may be necessary to reimburse the Commodity Credit Corporation for its invest- ment in grain transferred pursuant to sections 667g to 667g–2 of this title. (Pub. L. 87–152, § 3, Aug. 17, 1961, 75 Stat. 389.) Editorial Notes CODIFICATION Section was formerly classified to section 449 of Title 7, Agriculture, prior to editorial reclassification and re- numbering as this section. § 667h. Chronic Wasting Disease Task Force (a) Definitions In this section: (1) Cervid The term ‘‘cervid’’ means any species within the family Cervidae. (2) 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 group includes scrapie, bovine spongiform encephalopathy, and Creutzfeldt-Jakob disease. (3) Secretaries The term ‘‘Secretaries’’ means the Secretary of Agriculture, acting through the Adminis- trator of the Animal and Plant Health Inspec- tion Service, and the Secretary of the Interior, acting through the Director of the United States Geological Survey and the Director of the United States Fish and Wildlife Service, acting jointly. (b) Establishment (1) In general The Secretaries shall establish within the United States Fish and Wildlife Service a task force, to be known as the ‘‘Chronic Wasting Disease Task Force’’ (referred to in this sub- section as the ‘‘Task Force’’). (2) Duties The Task Force shall— (A) collaborate with foreign governments to share research, coordinate efforts, and discuss best management practices to re- duce, minimize, prevent, or eliminate chron- ic wasting disease in the United States; (B) develop recommendations, including recommendations based on findings of the study conducted under subsection (c), and a set of best practices regarding— (i) the interstate coordination of prac- tices to prevent the new introduction of chronic wasting disease; (ii) the prioritization and coordination of the future study of chronic wasting dis- ease, based on evolving research needs; (iii) ways to leverage the collective re- sources of Federal, State, and local agen- cies, Indian Tribes, and foreign govern- ments, and resources from private, non- governmental entities, to address chronic wasting disease in the United States and along the borders of the United States; and (iv) any other area where containment or management efforts relating to chronic wasting disease may differ across jurisdic- tions; and (C) develop, from the recommendations de- veloped under subparagraph (B), an action plan that gives States, the Federal Govern- ment, Indian Tribes, and the farmed cervid industry specific recommendations to ensure consistent and coordinated management and focused, prioritized research to stop the spread of and mitigate the impacts of chron- ic wasting disease. (3) Membership (A) In general The Task Force shall be composed of— (i) 1 representative of the United States Fish and Wildlife Service with experience in chronic wasting disease, to be appointed by the Secretary of the Interior (referred to in this subsection as the ‘‘Secretary’’); (ii) 1 representative of the United States Geological Survey; (iii) 2 representatives of the Department of Agriculture with experience in chronic wasting disease, to be appointed by the Secretary of Agriculture— (I) 1 of whom shall have expertise in cervid health research; and (II) 1 of whom shall have expertise in wildlife management; (iv) in the case of each State in which chronic wasting disease among elk, mule deer, white-tailed deer, or moose has been reported to the appropriate State agency, not more than 2 representatives, to be nominated by the Governor of the State— (I) not more than 1 of whom shall be a representative of the State agency with jurisdiction over wildlife management or wildlife disease in the State; and (II) in the case of a State with a farmed cervid program or economy, not more than 1 of whom shall be a rep- resentative of the State agency with ju- risdiction over farmed cervid regulation in the State; (v) in the case of each State in which chronic wasting disease among elk, mule deer, white-tailed deer, or moose has not been documented, but that has carried out measures to prevent the introduction of chronic wasting disease among those spe- cies, not more than 2 representatives, to be nominated by the Governor of the State; Page 1166 TITLE 16—CONSERVATION § 667h (vi) not more than 2 representatives from an Indian Tribe or Tribal organiza- tion chosen in a process determined, in consultation with Indian Tribes, by the Secretary; and (vii) not more than 5 nongovernmental members with relevant expertise ap- pointed, after the date on which the mem- bers are first appointed under clauses (i) through (vi), by a majority vote of the State representatives appointed under clause (iv). (B) Effect Nothing in this paragraph requires a State to participate in the Task Force. (4) Co-Chairs The Co-Chairs of the Task Force shall be— (A) the Federal representative described in paragraph (3)(A)(i); (B) 1 of the Federal representatives de- scribed in paragraph (3)(A)(iii); and (C) 1 State representative appointed under paragraph (3)(A)(iv), to be selected by a ma- jority vote of those State representatives. (5) Date of initial appointment (A) In general The members of the Task Force shall be appointed not later than 90 days after De- cember 23, 2024. The efforts of the Task Force shall not be contingent on the comple- tion of the study required by subsection (c). (B) Notification On appointment of the members of the Task Force, the Co-Chairs of the Task Force shall notify the Chairs and Ranking Mem- bers of the Committees on Environment and Public Works and Agriculture, Nutrition, and Forestry of the Senate and Natural Re- sources and Agriculture of the House of Rep- resentatives. (6) Vacancies Any vacancy in the members appointed to the Task Force— (A) shall not affect the power or duty of the Task Force; and (B) shall be filled not later than 30 days after the date of the vacancy. (7) Meetings The Task Force shall convene— (A) not less frequently than twice each year; and (B) at such time and place, and by such means, as the Co-Chairs of the Task Force determine to be appropriate, which may in- clude the use of remote conference tech- nology. (8) Interstate action plan (A) In general Not later than 1 year after the date on which the members of the Task Force are appointed, the Task Force shall submit to the Secretaries, and the heads of the State agencies with jurisdiction over wildlife dis- ease and farmed cervid regulation of each State with a representative on the Task Force, the interstate action plan developed by the Task Force under paragraph (2)(C). (B) Cooperative agreements (i) In general To the maximum extent practicable, the Secretaries, any other applicable Federal agency, and each applicable State may enter into a cooperative agreement to fund necessary actions under the interstate ac- tion plan submitted under subparagraph (A). (ii) Target date The Secretaries shall make the best ef- fort of the Secretaries to enter into any cooperative agreement under clause (i) not later than 180 days after the date of sub- mission of the interstate action plan under subparagraph (A). (C) Matching funds (i) In general Subject to clause (ii), for each fiscal year, the Secretaries may provide funds to carry out an interstate action plan through a cooperative agreement under subparagraph (B) in the amount of funds provided by the applicable States. (ii) Limitation The amount provided by the United States Fish and Wildlife Service under clause (i) for a fiscal year shall be not greater than $5,000,000. (9) Reports Not later than September 30 of the first full fiscal year after the date on which the first members of the Task Force are appointed, and each September 30 thereafter, the Task Force shall submit to the Secretaries, and the heads of the State agencies with jurisdiction over wildlife disease and farmed cervid regulation of each State with a representatives on the Task Force, a report describing— (A) progress on the implementation of ac- tions identified in the interstate action plan submitted under paragraph (8)(A), including the efficacy of funding under the cooperative agreement entered into under paragraph (8)(B); (B) updated resource requirements that are needed to reduce and eliminate chronic wasting disease in the United States; (C) any relevant updates to the rec- ommended best management practices in- cluded in the interstate action plan sub- mitted under paragraph (8)(B) to reduce or eliminate chronic wasting disease; (D) new research findings and emerging re- search needs relating to chronic wasting dis- ease; and (E) any other relevant information. (c) Chronic wasting disease transmission in cervidae resource study (1) Definition of Academy In this subsection, the term ‘‘Academy’’ means the National Academy of Sciences. (2) Study (A) In general The Secretaries shall enter into an ar- rangement with the Academy under which Page 1167 TITLE 16—CONSERVATION § 667h the Academy shall conduct, and submit to the Secretaries a report describing the find- ings of, a special resource study to identify the predominant pathways and mechanisms of the transmission of chronic wasting dis- ease in wild, captive, and farmed populations of cervids in the United States. (B) Requirements The arrangement under subparagraph (A) shall provide that the actual expenses in- curred by the Academy in conducting the study under subparagraph (A) shall be paid by the Secretaries, subject to the avail- ability of appropriations. (3) Contents of the study The study under paragraph (2) shall— (A) with respect to wild, captive, and farmed populations of cervids in the United States, identify— (i)(I) to the extent possible, the path- ways and mechanisms for the transmission of chronic wasting disease within live cervid populations and cervid products, which may include pathways and mecha- nisms for transmission from Canada; (II) the infection rates for each pathway and mechanism identified under subclause (I); and (III) the relative frequency of trans- mission of each pathway and mechanism identified under subclause (I); (ii)(I) anthropogenic and environmental factors contributing to new chronic wast- ing disease emergence events; (II) the development of geographical areas with increased chronic wasting dis- ease prevalence; and (III) the overall geographical patterns of chronic wasting disease distribution; (iii) significant gaps in current scientific knowledge regarding the transmission pathways and mechanisms identified under clause (i)(I) and potential prevention, de- tection, and control methods identified under clause (v); (iv) for prioritization the scientific re- search projects that will address the knowledge gaps identified under clause (iii), based on the likelihood that a project will contribute significantly to the preven- tion or control of chronic wasting disease; and (v) potential prevention, detection, or control measures, practices, or tech- nologies to be used to mitigate the trans- mission and spread of chronic wasting dis- ease in wild, captive, and farmed popu- lations of cervids in the United States; (B) assess the effectiveness of the potential prevention, detection, or control measures, practices, or technologies identified under subparagraph (A)(v); and (C) review and compare science-based best practices, standards, and guidance regarding the prevention, detection, and management of chronic wasting disease in wild, captive, and farmed populations of cervids in the United States that have been developed by— (i) the National Chronic Wasting Disease Herd Certification Program of the Animal and Plant Health Inspection Service; (ii) the National Wildlife Research Cen- ter of the Animal and Plant Health Inspec- tion Service; (iii) the United States Geological Sur- vey; (iv) State wildlife and agricultural agen- cies, in the case of practices, standards, and guidance that provide practical, science-based recommendations to State and Federal agencies for minimizing or eliminating the risk of transmission of chronic wasting disease in the United States; and (v) industry or academia, in the case of any published guidance on practices that provide practical, science-based rec- ommendations to cervid producers for minimizing or eliminating the risk of transmission of chronic wasting disease within or between herds. (4) Deadline The study under paragraph (2) shall be com- pleted not later than 180 days after the date on which funds are first made available for the study. (5) Data sharing The Secretaries shall share with the Acad- emy, as necessary to conduct the study under paragraph (2), subject to the avoidance of a violation of a privacy or confidentiality re- quirement and the protection of confidential or privileged commercial, financial, or propri- etary information, data and access to data- bases and research information on chronic wasting disease under the jurisdiction of— (A) the Animal and Plant Health Inspec- tion Service; and (B) the United States Geological Survey. (6) Report Not later than 60 days after the date of com- pletion of the study, the Secretaries shall sub- mit to the Committee on Agriculture, Nutri- tion, and Forestry, the Committee on Energy and Natural Resources, and the Committee on Environment and Public Works of the Senate and the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives a report that describes— (A) the findings of the study; and (B) any conclusions and recommendations that the Secretaries determine to be appro- priate. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) for the period of fiscal years 2021 through 2030, $5,000,000 to the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, to carry out administrative activities under subsection (b); (2) for fiscal year 2021, $1,200,000 to the Sec- retary of the Interior, acting through the Di- rector of the United States Geological Survey, to carry out activities to fund research under subsection (c); and (3) for fiscal year 2021, $1,200,000 to the Sec- retary of Agriculture, acting through the Ad- ministrator of the Animal and Plant Health 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