Revised January 2018

MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN THE

ADD NAME OF STATE AND AGENCY HAVING AUTHORITY FOR FARMED/CAPTIVE 

CERVIDS (COOPERATOR)

AND THE 

UNITED STATES DEPARTMENT OF AGRICULTURE (USDA)

ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)

VETERINARY SERVICES (VS)

CHRONIC WASTING DISEASE HERD CERTIFICATION PROGRAM

ARTICLE 1 - PURPOSE

The purpose of this Memorandum of Understanding (MOU) between the {Enter the name of the

State and the name(s) of the State agency(ies) having authority for farmed or captive cervids

such as Department of Agriculture, Fish & Game, Department of Natural Resources, etc.} and

the USDA Animal and Plant Health Inspection Service (APHIS) is to establish roles and

responsibilities necessary to implement and maintain a voluntary Chronic Wasting Disease

(CWD) Herd Certification Program (HCP) that meets minimum federal standards. By adhering

to these standards, owners of farmed/captive deer, elk, and moose herds can certify their herds 

making animals eligible for interstate commerce.

ARTICLE 2 - BACKGROUND

The {Add name of State and agency having authority for farmed/captive cervids} is responsible

for regulating farmed/captive cervids in the State of {Add name of State}. CWD, a transmissible 

spongiform encephalopathy (TSE), is a fatal disease of animals in the genera Odocoileus, 

Cervus, and Alces and their hybrids, i.e. deer, elk, and moose.

The goal of the CWD Herd Certification Program (HCP) is to provide a consistent, national 

approach to control the incidence of CWD in farmed cervids and prevent the interstate spread of 

CWD. This goal is accomplished through the establishment of the national CWD herd 

certification program and interstate movement requirements for CWD-susceptible cervids found 

in title 9 of the Code of Federal Regulations (CFR) parts 55 and 81. 

The HCP is a cooperative effort between the Animal and Plant Health Inspection Service 

(APHIS), State animal health and wildlife agencies, and farmed cervid owners. APHIS 

coordinates with these State agencies to encourage cervid owners to certify their herds and 

comply with the CWD Herd Certification Program Standards.
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ARTICLE 3 - AUTHORITIES

Under the Farm Security and Rural Investment Act of 2002, PL 107-171, Subtitle E, Animal 

Health Protection, Section 10401-10418, the Secretary of Agriculture, in order to protect the 

agriculture, environment, economy, and health and welfare of the people of the United States by 

preventing, detecting, controlling, and eradicating diseases and pests of animals, is authorized to 

cooperate with foreign countries, States, and other jurisdictions, or other persons, to prevent and 

eliminate burdens on interstate commerce and foreign commerce, and to regulate effectively 

interstate commerce and foreign commerce.

ARTICLE 4 - MUTUAL RESPONSIBILITIES

The Cooperator and APHIS agree that:

The work contemplated by this MOU is subject to the provisions of existing laws and

regulations. If consistent with and required for cooperative purposes, the work may include

such operations as:

• Establishment and maintenance of certified herds

• Conducting herd and premises inspections and inventories

• Animal handling and identification

• Sample collection and testing

• Quarantine, euthanasia, depopulation, and/or culling of animals

• Cleaning and disinfection of premises

• Biosecurity, or any other precautionary and control measures which may be required 

by State or Federal laws and regulations or as mutually agreed upon.

The parties to this MOU agree to contribute, insofar as their available resources will permit, and 

as mutually agreed upon, funds, personnel, facilities, supplies, equipment, and all other items 

necessary to properly conduct a herd certification program for the prevention and control of the 

spread of CWD. Equipment purchased from Federal funds shall remain the property of the 

United States Department of Agriculture subject to removal or other disposition at any time. 

Equipment purchased from State funds shall remain the property of the State, subject to its 

disposition.

ARTICLE 5 - COOPERATOR RESPONSIBILITIES

The Cooperator agrees to:

OPTION 1:

1. Designate (Mr./Ms./Dr.--Insert full name) as its authorized representative who

shall be responsible for collaboratively administering the activities conducted under this MOU.
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OPTION 2:

1. Designate, in writing, an authorized representative who shall be responsible for 

collaboratively administering the activities conducted under this MOU.

(Insert the following paragraph when APHIS or USDA information technology resources are 

involved in the project covered by the agreement.)

2. When connected to the USDA, APHIS network, comply with the security 

guidelines as outlined in the USDA Departmental Manual 3140-001, 

“Management ADP Security Manual; APHIS Directive 3140.2, “APHIS 

Electronic Mail and Security and Privacy Policy”; APHIS Directive 3140.3, 

“APHIS Internet Use and Security Policy”; and APHIS Directive 3140.5, 

“APHIS Information Systems Roles and Responsibilities”. The Cooperator will 

not download any material bearing a copyright (i.e., pictures, movies, or music 

files) nor access any material defined as inappropriate in these regulations and 

directives.

3. Identify which State agency (or agencies) has (have) authority for 

farmed/captive cervids in the State. This agency (agencies) will be signatory(-

ies) to this MOU.

4. Identify the State or APHIS official designated to coordinate CWD HCP 

activities in the State.

5. Apply for renewal of State approval annually by submitting a VS Form 11-2 

and a completed annual report to APHIS.

6. Require the prompt reporting of any animal suspected of having CWD to the 

appropriate State agency. Require that test results for any animals tested for 

CWD be forwarded to State and/or Federal animal health authorities. Initiate 

investigations within 7 business days. Monitor and enforce State reporting 

requirements for CWD. Document any noncompliance.

7. Implement education of those engaged in the interstate movement of farmed or 

captive cervids regarding the identification and recordkeeping requirements of 

9 CFR part 81. 

8. Require official identification of all animals in herds participating in the CWD 

herd certification program. Monitor and enforce these identification 

requirements. Document any noncompliance.

9. Regularly monitor compliance of HCP enrolled herds with program 

requirements as described in 9 CFR 55.23(b) and Part A of the CWD Program 

Standards. This includes, but is not limited to:

a. Annual herd and premises inspections;
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b. Verification of required CWD surveillance; and

c. Physical inventories of enrolled herds at least every 36 months.

d. Document any non-compliance of participating herds with program requirements. 

Consider reducing herd status for repeated or egregious noncompliance with 

program requirements.

10. Maintain the following information in a State database in an accurate and 

timely manner:

a. Premises information, assigned premises numbers, and owner 

information (location, address, and contact information) for all farmed or 

captive cervid herds participating in the CWD HCP in the State. 

b. Program status of all enrolled herds.

c. Any restrictions to herd statuses including designation as a CWDpositive, exposed, suspect or epidemiologically-linked to a positive herd.

d. All program actions such as inspections, physical inventories, changes to 

herd status, depopulation, and adoption of herd plans. 

e. Individual animal information on all farmed or captive cervid herds 

participating in the CWD HCP in the State. 

f. Individual animal information on all out-of-State farmed or captive 

cervids to be traced. 

g. Non-compliance of participating herds with program requirements in 9 

CFR 55.23(b) and Part A of the CWD Program Standards 

11. Designate herds as CWD- positive, CWD- exposed, or CWD- suspect. 

12. Promptly restrict movement of animals from CWD- positive, CWD- exposed, 

or CWD- suspect animals by issuing State quarantines or hold orders that are 

consistent with program timeframes. Monitor and enforce State quarantines or 

hold orders. Document any noncompliance.

13. Allow CWD- positive, CWD-exposed, and CWD- suspect animals to only 

move directly to a recognized slaughter establishment, to an approved research 

facility, or other location as approved by APHIS on a case-by-case basis. 

14. Require that tissues from all CWD-exposed and –suspect animals that die, are 

depopulated, or are otherwise killed be submitted to an approved laboratory to 

conduct official CWD tests. Require appropriate disposal of the carcasses of 

CWD-positive, CWD-exposed, and CWD-suspect animals. Monitor and enforce 

all testing and disposal requirements. Document any noncompliance.

15. Conduct an epidemiological investigation of CWD-positive, CWD-exposed, 

and CWD-suspect herds that includes the designation of suspect and exposed 

animals and that identifies animals to be traced in accordance with 9 CFR part 

55 and Part B of the CWD Program Standards. Initiate and conduct tracebacks 

of CWD-positive and exposed animals.
Page 5 of 8

16. Report out-of-State traces to the appropriate State representative and APHIS 

employee within 45 business days following notification of a CWD-positive 

animal.

17. Submit a preliminary report for a newly identified CWD-infected herd that is 

enrolled in the HCP to APHIS within 7 business days of NVSL confirmation of 

the CWD-positive animal. Submit a final report for CWD-positive herds that are 

enrolled in the HCP as part of the State’s annual HCP report.

18. Remove herd movement restrictions only after completion of the herd plan as signed by 

the State, APHIS, and the herd owner.

ARTICLE 6 - APHIS RESPONSIBILITIES

APHIS agrees to:

OPTION 1:

1. Designate Mr./Ms./Dr.--Insert full name as its authorized representative who shall be 

responsible for collaboratively administering the activities conducted under this MOU.

OPTION 2:

1. Designate, in writing, an authorized representative who shall be responsible for 

collaboratively administering the activities conducted under this MOU.

2. Review and approve applications for approval of State CWD HCP. Provide 

templates to States for use in annual reporting. Review annual reports to 

monitor compliance with HCP program requirements and disease control 

efforts in Approved States. Conduct reviews of Approved State to further 

monitor compliance with HCP program requirements, as resources are 

available.

3. Approve National Animal Health Laboratory Network (NAHLN) 

laboratories to conduct official CWD testing. The National Veterinary 

Services Laboratories will conduct confirmatory CWD testing on 

presumptive positive tissues that were initially tested at approved 

laboratories and testing of samples from CWD-positive, -exposed, and –

epidemiology-linked herds.

4. Serve in an advisory role regarding CWD HCP’s and CWD case 

management. Contribute to the development of herd plans, and approve 

these plans. Provide assistance, based on the availability of resources, with 

State epidemiological investigations of CWD -positive, CWD- suspect, and

CWD -exposed herds where possible.
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5. Review and revise the CWD HCP Program Standards, as appropriate. Consider 

suggestions from APHIS, Approved States, cervid industry representatives, and other 

appropriate stakeholders when revising.

ARTICLE 7 - STATEMENT OF NO FINANCIAL OBLIGATION

Signature of this MOU does not constitute a financial obligation on the part of APHIS. Each 

signatory party is to use and manage its own funds in carrying out the purpose of this MOU. 

Transfers of funds or items of value are not authorized under this MOU.

ARTICLE 8 - LIMITATIONS OF COMMITMENT

This MOU and any continuation thereof shall be contingent upon the availability of funds 

appropriated by the Congress of the United States. It is understood and agreed that any monies 

allocated for purposes covered by this MOU shall be expended in accordance with its terms and 

the manner prescribed by the fiscal regulations and/or administrative policies of the party making 

the funds available. If fiscal resources are to transfer, a separate agreement must be developed by 

the parties.

ARTICLE 9 - CONGRESSIONAL RESTRICTION

Under 41 U.S.C. 22, no member of, or delegate to, Congress shall be admitted to any share or 

part of the MOU or to any benefit to arise there from.

ARTICLE 10 – NON-DISCRIMINATION CLAUSE

The United States Department of Agriculture prohibits discrimination in all its programs and 

activities on the basis of race, color, national origin, age, disability, and where applicable, sex, 

marital status, familial status, parental status, religion, sexual orientation, genetic information, 

political beliefs, reprisal, or because all or a part of an individual’s income is derived from any 

public assistance program. Not all prohibited bases apply to all programs.

ARTICLE 11 – LIABILITIES

(Per Information Memo, dated Oct. 1992, OGC recommended that it is not advisable for 

APHIS to agree to any form of Federal indemnification or release from liability of 

cooperators for activities conducted under any form of APHIS agreement instruments. 

However, OGC has informally agreed that APHIS can use the clause where the agency feels 
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compelled to state the extent to which Congress has surrendered some Federal sovereign 

immunity.) 

APHIS assumes no liability for any actions or activities conducted under this agreement except to 

the extent the recourse or remedies are provided by Congress under the Federal Tort Claims Act 

(28 U.S.C. 1346(b), 2401(b), 2671-2680). 

ARTICLE 12 - LAWS, RULES AND REGULATIONS

All activities will be conducted in accordance with applicable Federal statutes, rules and 

regulations.

ARTICLE 13 - AMENDMENTS

This MOU may be amended at any time by mutual agreement of the parties in writing.

ARTICLE 14 - TERMINATION

This MOU may be terminated at any time by mutual agreement of the parties in writing, or by 

either party with sixty (60) days notice in writing to the other party.

 

ARTICLE 15 - EFFECTIVE DATE AND DURATION

This MOU will become effective upon date of final signature and will continue in effect for five 

years.

STATE OF {Add name of State}

{Add Name of State agency having authority for farmed/captive cervids}

___________________________________________________

(Type name/title of signatory) Date

STATE OF {Add name of State}

{Add Name of State agency having authority for farmed/captive cervids}

___________________________________________________

(Type name/title of signatory) Date
Page 8 of 8

UNITED STATES DEPARTMENT OF AGRICULTURE

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

VETERINARY SERVICES

___________________________________________________

(Type name/title of signatory) Date

NOTE: Some of the MOU narrative should be on the signature page along with the 

agreement number. Make sure the signatory officials’ names are typed for legibility.

If this is a District MOU (i.e., Scrapie, CWD), the District Director will be the Signatory 

Official.