16 U.S.C. § 667h (CONSERVATION)
§ 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 nervous 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 Administrator of the Animal and Plant Health Inspection 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 subsection as the “Task Force”) after the completion of the study required by subsection (c).
(2) Duties
The Task Force shall—
(A) collaborate with foreign governments to share research, coordinate efforts, and discuss best management practices to reduce, minimize, prevent, or eliminate chronic 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 practices to prevent the new introduction of chronic wasting disease;
(ii) the prioritization and coordination of the future study of chronic wasting disease, based on evolving research needs;
(iii) ways to leverage the collective resources of Federal, State, and local agencies, Indian Tribes, and foreign governments, and resources from private, nongovernmental 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 jurisdictions; and
(C) develop, from the recommendations developed under subparagraph (B), an action plan that gives States, the Federal Government, 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 chronic 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 representative of the State agency with jurisdiction 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 species, not more than 2 representatives, to be nominated by the Governor of the State;
(vi) not more than 2 representatives from an Indian Tribe or Tribal organization chosen in a process determined, in consultation with Indian Tribes, by the Secretary; and
(vii) not more than 5 nongovernmental members with relevant expertise appointed, after the date on which the members 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 described in paragraph (3)(A)(iii); and
(C) 1 State representative appointed under paragraph (3)(A)(iv), to be selected by a majority 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 180 days after the date on which the study is completed under 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 Members of the Committees on Environment and Public Works and Agriculture, Nutrition, and Forestry of the Senate and Natural Resources and Agriculture of the House of Representatives.
(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 include the use of remote conference technology.
(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 disease 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 action plan submitted under subparagraph (A).
(ii) Target date
The Secretaries shall make the best effort of the Secretaries to enter into any cooperative agreement under clause (i) not later than 180 days after the date of submission 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 actions 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 recommended best management practices included in the interstate action plan submitted under paragraph (8)(B) to reduce or eliminate chronic wasting disease;
(D) new research findings and emerging research needs relating to chronic wasting disease; 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 arrangement with the Academy under which the Academy shall conduct, and submit to the Secretaries a report describing the findings of, a special resource study to identify the predominant pathways and mechanisms of the transmission of chronic wasting disease 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 incurred by the Academy in conducting the study under subparagraph (A) shall be paid by the Secretaries, subject to the availability 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 pathways and mechanisms for the transmission of chronic wasting disease within live cervid populations and cervid products, which may include pathways and mechanisms for transmission from Canada;
(II) the infection rates for each pathway and mechanism identified under subclause (I); and
(III) the relative frequency of transmission of each pathway and mechanism identified under subclause (I);
(ii)
(I) anthropogenic and environmental factors contributing to new chronic wasting disease emergence events;
(II) the development of geographical areas with increased chronic wasting disease 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, detection, and control methods identified under clause (v);
(iv) for prioritization the scientific research projects that will address the knowledge gaps identified under clause (iii), based on the likelihood that a project will contribute significantly to the prevention or control of chronic wasting disease; and
(v) potential prevention, detection, or control measures, practices, or technologies to be used to mitigate the transmission and spread of chronic wasting disease in wild, captive, and farmed populations 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 Center of the Animal and Plant Health Inspection Service;
(iii) the United States Geological Survey;
(iv) State wildlife and agricultural agencies, 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 recommendations 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 completed 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 Academy, as necessary to conduct the study under paragraph (2), subject to the avoidance of a violation of a privacy or confidentiality requirement and the protection of confidential or privileged commercial, financial, or proprietary information, data and access to databases and research information on chronic wasting disease under the jurisdiction of—
(A) the Animal and Plant Health Inspection Service; and
(B) the United States Geological Survey.
(6) Report
Not later than 60 days after the date of completion of the study, the Secretaries shall submit to the Committee on Agriculture, Nutrition, 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 appropriate.
(d) Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(1) for the period of fiscal years 2021 through 2025, $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 Secretary of the Interior, acting through the Director 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 Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health 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.)