7 U.S.C. § 8351 (AGRICULTURE)
§ 8351. Predatory and other wild animals
(a) In general
The Secretary of Agriculture may conduct a program of wildlife services with respect to injurious 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 services authorities in effect on the day before October 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 22.32of title 50, Code of Federal Regulations (or successor regulations) (including depredation of livestock, wildlife, and species protected under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or any other Federal 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.)
heading: References in Text
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 classification of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables.
heading: Codification
text: Section was formerly classified to section 426 of this title prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 2018—Pub. L. 115–270 designated first and second sentences 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, experiments, 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 public domain as well as on State, Territory, or privately owned lands of mountain lions, wolves, coyotes, bobcats, prairie dogs, gophers, ground squirrels, jack rabbits, 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 campaigns 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 agencies, organizations, and institutions.”
1991—Pub. L. 102–237 inserted “brown tree snakes,” after “rabbits,”.
heading: Transfer of Functions
text: Functions of Secretary of Agriculture administered through Bureau of Biological Survey, relating to conservation of wildlife, game, and migratory birds, transferred 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 relating to transfer of functions, records, property, personnel, 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 authorities 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, unexpended 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 administration of such Act, are hereby transferred from the Secretary of the Interior to the Secretary of Agriculture, and this appropriation shall be available to carry out such authorities.”
heading: Wolf Livestock Loss Demonstration Project
text: 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 demonstration program established under section 6202(a).
“(4) Secretaries.—
The term ‘Secretaries’ means the Secretary of the Interior and the Secretary of Agriculture, acting jointly.
“SEC. 6202. WOLF COMPENSATION AND PREVENTION 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 livestock losses due to such predation.
“(b) Criteria and Requirements.—
The Secretaries shall—
“(1) establish criteria and requirements to implement 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 programs funded by the grant, including supporting documentation;
“(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 require to assist the Secretary in determining the effectiveness 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 subtitle—
“(1) equally between the uses identified in paragraphs (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 livestock predation; or
“(C) any other factors that the Secretaries determine are appropriate.
“(e) Eligible Land.—
Activities and losses described in subsection (a) may occur on Federal, State, or private 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 fiscal year thereafter.”