7 U.S.C. § 8355 — Losses of livestock due to depredation by federally protected species

(a) Definitions. (1) “Depredation” means the actual death, injury, or destruction of livestock caused by a federally protected species. It does not include damage to property other than livestock, including damage to other animals, vegetation, motor vehicles, or structures; diseases; lost profits; or consequential damages. (2) “Federally protected species” means a species that is or was protected under the Bald and Golden Eagle Protection Act, the Endangered Species Act of 1973, or the Migratory Bird Treaty Act. (3) “Indian Tribe” has the meaning given “Indian tribe” in section 5304 of title 25. This section does not define that quoted term. (4) “Livestock” means horses, mules and asses, rabbits, llamas, cattle, bison, swine, sheep, goats, poultry, bees, honey and beehives, and any other animal generally used for food or producing food or fiber. It includes guard animals actively protecting that livestock. (5) “Program” means the grant program established under subsection (b)(1). (6) “Secretaries” means the Secretary of the Interior, acting through the Fish and Wildlife Service Director, and the Secretary of Agriculture, acting through the Animal and Plant Health Inspection Service Administrator. (b) Grant program. (1) The Secretaries must establish a program to give grants to States and Indian Tribes. The grants supplement money provided by States, Tribes, or their agencies under one or more programs, including programs established after October 30, 2020. The grants: (A) help livestock producers carry out proactive, nonlethal activities to reduce the risk of livestock loss from depredation on Federal, State, or private land in the State, or on land owned by or held in trust for the Tribe, and research related to those activities; and (B) compensate producers for livestock losses from such depredation on those lands. (2)(A) By September 30 each year, a State or Tribe seeking a grant must send the Secretaries a report describing, for the preceding year ending September 30, livestock losses from such depredation on the specified State or Tribal lands. (B) For the one-year period ending September 30, the Secretaries must allocate available funding among States and Tribes based on the losses in the reports for the prior one-year period. (3) A State or Tribe is eligible only if it: (A) designates an appropriate agency to administer the supplemented programs; (B) establishes one or more accounts to receive grant money; (C) keeps files of all claims received and paid under grant-funded programs, with supporting documents; and (D) sends the Secretaries annual reports containing a summary of claims and spending and a description of action on claims, plus any other reports the Secretaries require to evaluate the assisted activities. (c) Sense of Congress. Congress states that: (1) no State or Tribe must participate; and (2) the program supplements, rather than replaces or takes the place of, State depredation-compensation programs. (d) Appropriations. Congress may appropriate $15,000,000 for each fiscal year 2021 through 2030. Of each year’s amount, $5,000,000 is for grants under subsection (b)(1)(A), and $10,000,000 is for grants under subsection (b)(1)(B).