II 117th CONGRESS 2d Session S. 4111 IN THE SENATE OF THE UNITED STATES April 28, 2022 Mr. Hoeven (for himself, Mr. Heinrich , Mr. Tester , Mr. Daines , Ms. Klobuchar , Mr. Marshall , Ms. Smith , Mrs. Hyde-Smith , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To support research and State management efforts relating to chronic wasting disease, and for other purposes.

1. Short title This Act may be cited as the Chronic Wasting Disease Research and Management Act of 2022 . 2. Findings Congress finds that— (1) chronic wasting disease, the fatal neurological disease found in cervids, is a fundamental threat to the health and vibrancy of deer, elk, and moose populations, and the increased occurrence of chronic wasting disease in regionally diverse locations necessitates an escalation in research, surveillance, monitoring, and management activities focused on containing and managing chronic wasting disease; (2) a focus on research into the transmission of, resistance to, diagnosis of, and epidemiology of chronic wasting disease is needed to inform future policies to combat chronic wasting disease and ensure the health of cervid populations; (3) because States and Indian Tribes have diverse policies for addressing chronic wasting disease, the Federal Government, in consultation with the Chronic Wasting Disease Task Force established under section 104 of America’s Conservation Enhancement Act ( 16 U.S.C. 667h ), should coordinate financial and technical support to States and Indian Tribes, State and Tribal departments of agriculture, State and Tribal wildlife agencies, institutions of higher education, and research centers conducting scientific research on chronic wasting disease; (4) pursuant to State and Federal law, States retain primacy and policymaking authority with regard to wildlife management; (5) under policies in effect on the date of enactment of this Act, chronic wasting disease remains a systemic threat to cervids; and (6) scientific advances that lead to the ability to stop transmission of chronic wasting disease are needed to ensure the long-term viability of cervids. 3. Chronic wasting disease research and management program (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 cervid 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 includes scrapie, bovine spongiform encephalopathy, and Cruetzfeldt-Jakob disease. (3) Eligible entity The term eligible entity means— (A) a State or Tribal department of agriculture; (B) a State or Tribal wildlife agency; (C) a Tribal research facility; (D) an institution of higher education (as defined in section 101 of the Higher Education Act ( 20 U.S.C. 1001 )); and (E) a research center that conducts or is qualified to conduct scientific research on chronic wasting disease. (4) Secretary The term Secretary means the Secretary of Agriculture. (b) 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 shall establish a program (referred to in this subsection as the program ) under which the Secretary shall offer to enter into cooperative agreements, or other legal instruments authorized under section 10413(a)(4) of the Animal Health Protection Act ( 7 U.S.C. 8312(a)(4) ), (referred to in this subsection as covered agreements ) with eligible entities to conduct research on the transmission of, resistance to, and diagnosis of chronic wasting disease. (2) Criteria for selection In entering into covered agreements under the program, the Secretary shall give priority to eligible entities that will conduct research on— (A) (i) methods and products— (I) to effectively detect infectious chronic wasting disease prions in live cervids, cervid excreta, the environment, and inorganic surfaces; and (II) to decontaminate those infectious prions; or (ii) testing methods that significantly improve sensitivity and accelerate timelines for test results on nonlive cervids; (B) the long-term suppression or eradication of chronic wasting disease; (C) determination markers for genetic resistance to chronic wasting disease and strategies for using genetic resistance to combat the spread of chronic wasting disease; (D) sustainable cervid harvest management practices— (i) to reduce chronic wasting disease occurrence; and (ii) to prevent or limit spatial spread of chronic wasting disease; or (E) factors that contribute to local emergence of chronic wasting disease and increased prevalence and distribution of chronic wasting disease, including mechanisms of disease transmission and effective barriers to transmission. (3) Amount of agreement To the maximum extent practicable, a covered agreement entered into by the Secretary with an eligible entity under the program shall be for an amount that is not less than 2 percent and not more than 10 percent of the funds appropriated under subsection (h) for the applicable fiscal year. (4) Administrative costs by eligible entities An eligible entity that enters into a covered agreement under the program shall use not more than 10 percent of the amount of the covered agreement for administrative costs. (c) Support for State efforts To manage and control chronic wasting disease (1) In general Not later than 90 days after the date on which funds are made available to carry out this section, the Secretary shall offer to enter into cooperative agreements, or other legal instruments authorized under section 10413(a)(4) of the Animal Health Protection Act ( 7 U.S.C. 8312(a)(4) ), with eligible entities described in subparagraphs (A) and (B) of subsection (a)(3) to provide direct financial assistance to support the efforts of those eligible entities to develop and implement management strategies to address chronic wasting disease within the jurisdiction of the applicable State or Indian Tribe. (2) Application An eligible entity described in paragraph (1) seeking direct financial assistance under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Funding priorities In providing direct financial assistance under paragraph (1), the Secretary shall give priority to eligible entities described in that paragraph that have, with respect to the applicable State or Indian Tribe of the eligible entity— (A) a high incidence of chronic wasting disease; (B) shown the greatest financial commitment to managing, monitoring, surveying, and researching chronic wasting disease; (C) comprehensive policies and programs focused on chronic wasting disease management that have integrated the programs and policies of all involved agencies related to chronic wasting disease management; (D) the greatest risk of an initial occurrence of chronic wasting disease originating from surrounding areas; or (E) the greatest need for response to new outbreaks of chronic wasting disease occurring in— (i) areas in which chronic wasting disease is already found; or (ii) areas with first infections of chronic wasting disease, with the intent of containing chronic wasting disease in any new area of infection. (4) Rapid response If a State or Indian Tribe detects, within the jurisdiction of the State or Indian Tribe, chronic wasting disease in a cervid population that was not previously infected, notwithstanding paragraphs (2) and (3), the Secretary may immediately provide direct financial assistance, in an amount to be determined by the Secretary, to support the efforts of the State or Indian Tribe, as applicable, to immediately control the spread of chronic wasting disease within that cervid population. (d) Public education on chronic wasting disease The Secretary, in consultation with the eligible entities described in subparagraphs (A) and (B) of subsection (a)(3), organizations representing the farmed cervid industry, and organizations representing deer hunters, shall develop and maintain materials based on the latest scientific knowledge to educate the public on chronic wasting disease and techniques to help prevent the spread of chronic wasting disease. (e) Review of herd certification program standards Not later than 18 months after the date of enactment of this Act, the Secretary shall publish a notice in the Federal Register soliciting public feedback on potential updates and improvements to standards under the chronic wasting disease herd certification program, with special consideration given to— (1) minimizing or eliminating the interaction of captive and wild cervids; (2) reviewing and updating indemnity practices, including the use of live testing, to ensure the timely and targeted removal of cervids with chronic wasting disease from the landscape; and (3) increasing participation in the chronic wasting disease herd certification program. (f) Rule of construction Nothing in this section interferes with or otherwise affects the authority of the Federal Government, a State, or an Indian Tribe to manage wildlife and livestock on land within the respective jurisdiction, including managing, surveying, and monitoring the incidence of chronic wasting disease. (g) Administrative costs Of the funds made available under subsection (h) for a fiscal year, the Secretary may use not more than 10 percent for administrative costs. (h) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $70,000,000 for each of fiscal years 2022 through 2028, to remain available until expended. (2) Allocation among programs Of the funds made available under paragraph (1), to the maximum extent practicable, the Secretary shall allocate an equal amount to carry out each of subsections (b) and (c). (3) Set-aside for wildlife agencies Of the funds used to carry out subsection (c), not less than 75 percent shall be used to provide direct financial assistance to eligible entities described in subsection (a)(3)(B). 4. Technical amendment Section 10403(8) of the Animal Health Protection Act ( 7 U.S.C. 8302(8) ) is amended by striking ( 25 U.S.C. 450b ) and inserting ( 25 U.S.C. 5304 ) .