Collapse to view only § 667c. Publication of designating order

§ 661. Short title; authorization
(a) Short title
(b) Authorization
(Mar. 10, 1934, ch. 55, § 1, 48 Stat. 401; 1939 Reorg. Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Aug. 14, 1946, ch. 965, 60 Stat. 1080; Pub. L. 85–624, § 2, Aug. 12, 1958, 72 Stat. 563; Pub. L. 116–9, title VII, § 7001(b)(2)(A), Mar. 12, 2019, 133 Stat. 779.)
§ 662. Impounding, diverting, or controlling of waters
(a) Consultations between agencies
(b) Reports and recommendations; consideration
(c) Modification of projects; acquisition of lands
(d) Project costs
(e) Transfer of funds
(f) Estimation of wildlife benefits or losses
(g) Applicability to projects
(h) Exempt projects and activities
(Mar. 10, 1934, ch. 55, § 2, 48 Stat. 401; 1939 Reorg. Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Aug. 14, 1946, ch. 965, 60 Stat. 1080; Pub. L. 85–624, § 2, Aug. 12, 1958, 72 Stat. 564; Pub. L. 89–72, § 6(b), July 9, 1965, 79 Stat. 216.)
§ 663. Impoundment or diversion of waters
(a) Conservation, maintenance, and management of wildlife resources; development and improvement
(b) Use and availability of waters, land, or interests therein
(c) Acquisition of land, waters, and interests therein; report to Congress
(d) Use of acquired properties
(e) Availability of Federal lands acquired or withdrawn for Federal water-resource purposes
(f) National forest lands
(Mar. 10, 1934, ch. 55, § 3, 48 Stat. 401; 1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 14, 1946, ch. 965, 60 Stat. 1081; Pub. L. 85–624, § 2, Aug. 12, 1958, 72 Stat. 566.)
§ 664. Administration; rules and regulations; availability of lands to State agencies

Such areas as are made available to the Secretary of the Interior for the purposes of this Act, pursuant to sections 661 and 663 of this title or pursuant to any other authorization, shall be administered by him directly or in accordance with cooperative agreements entered into pursuant to the provisions of section 661 of this title and in accordance with such rules and regulations for the conservation, maintenance, and management of wildlife, resources thereof, and its habitat thereon, as may be adopted by the Secretary in accordance with general plans approved jointly by the Secretary of the Interior and the head of the department or agency exercising primary administration of such areas: Provided, That such rules and regulations shall not be inconsistent with the laws for the protection of fish and game of the States in which such area is situated: Provided, further, That lands having value to the National Migratory Bird Management Program may, pursuant to general plans, be made available without cost directly to the State agency having control over wildlife resources, if it is jointly determined by the Secretary of the Interior and such State agency that this would be in the public interest: And provided further, That the Secretary of the Interior shall have the right to assume the management and administration of such lands in behalf of the National Migratory Bird Management Program if the Secretary finds that the State agency has withdrawn from or otherwise relinquished such management and administration.

(Mar. 10, 1934, ch. 55, § 4, 48 Stat. 402; 1939 Reorg. Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 14, 1946, ch. 965, 60 Stat. 1081; Pub. L. 85–624, § 2, Aug. 12, 1958, 72 Stat. 567.)
§ 665. Investigations as to effect of sewage, industrial wastes; reports

The Secretary of the Interior, through the Fish and Wildlife Service and the United States Bureau of Mines, is authorized to make such investigations as he deems necessary to determine the effects of domestic sewage, mine, petroleum, and industrial wastes, erosion silt, and other polluting substances on wildlife, and to make reports to the Congress concerning such investigations and of recommendations for alleviating dangerous and undesirable effects of such pollution. These investigations shall include (1) the determination of standards of water quality for the maintenance of wildlife; (2) the study of methods of abating and preventing pollution, including methods for the recovery of useful or marketable products and byproducts of wastes; and (3) the collation and distribution of data on the progress and results of such investigations for the use of Federal, State, municipal, and private agencies, individuals, organizations, or enterprises.

(Mar. 10, 1934, ch. 55, § 5, 48 Stat. 402; 1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 14, 1946, ch. 965, 60 Stat. 1081; Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172.)
§ 665a. Maintenance of adequate water levels in upper Mississippi River

In the management of existing facilities (including locks, dams, and pools) in the Mississippi River between Rock Island, Illinois, and Minneapolis, Minnesota, administered by the United States Corps of Engineers of the Department of the Army, that Department is directed to give full consideration and recognition to the needs of fish and other wildlife resources and their habitat dependent on such waters, without increasing additional liability to the Government, and, to the maximum extent possible without causing damage to levee and drainage districts, adjacent railroads and highways, farm lands, and dam structures, shall generally operate and maintain pool levels as though navigation was carried on throughout the year.

(Mar. 10, 1934, ch. 55, § 5A, as added June 19, 1948, ch. 528, 62 Stat. 497.)
§ 666. Authorization of appropriations

There is authorized to be appropriated from time to time, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary to carry out the provisions of this Act and regulations made pursuant thereto, including the construction of such facilities, buildings, and other improvements necessary for economical administration of areas made available to the Secretary of the Interior under this Act, and the employment in the city of Washington and elsewhere of such persons and means as the Secretary of the Interior may deem necessary for such purposes.

(Mar. 10, 1934, ch. 55, § 6, 48 Stat. 402; Aug. 14, 1946, ch. 965, 60 Stat. 1081.)
§ 666a. Penalties

Any person who shall violate any rule or regulation promulgated in accordance with this Act shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 or imprisoned for not more than one year, or both.

(Mar. 10, 1934, ch. 55, § 7, as added Aug. 14, 1946, ch. 965, 60 Stat. 1082.)
§ 666b. Definitions

The terms “wildlife” and “wildlife resources” as used herein include birds, fishes, mammals, and all other classes of wild animals and all types of aquatic and land vegetation upon which wildlife is dependent.

(Mar. 10, 1934, ch. 55, § 8, as added Aug. 14, 1946, ch. 965, 60 Stat. 1082.)
§ 666c. Applicability to Tennessee Valley Authority

The provisions of this Act shall not apply to the Tennessee Valley Authority.

(Mar. 10, 1934, ch. 55, § 9, as added Aug. 14, 1946, ch. 965, 60 Stat. 1082.)
§ 666c–1. Protection of water, oceans, coasts, and wildlife from invasive species
(a) DefinitionsIn this section:
(1) Control
(2) Ecosystem
(3) Eligible StateThe term “eligible State” means any of— 1
1 So in original.
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana Islands; and
(G) the United States Virgin Islands.
(4) Invasive species
(A) In general
(B) Associated definition
(5) Manage; managementThe terms “manage” and “management”, with respect to an invasive species, mean the active implementation of any activity—
(A) to reduce or stop the spread of the invasive species; and
(B) to inhibit further infestations of the invasive species, the spread of the invasive species, or harm caused by the invasive species, including investigations regarding methods for early detection and rapid response, prevention, control, or management of the invasive species.
(6) PreventThe term “prevent”, with respect to an invasive species, means—
(A) to hinder the introduction of the invasive species onto land or water; or
(B) to impede the spread of the invasive species within land or water by inspecting, intercepting, or confiscating invasive species threats prior to the establishment of the invasive species onto land or water of an eligible State.
(7) Secretary concernedThe term “Secretary concerned” means—
(A) the Secretary of the Army, with respect to Federal land administered by the Corps of Engineers;
(B) the Secretary of the Interior, with respect to Federal land administered by the Secretary of the Interior through—
(i) the United States Fish and Wildlife Service;
(ii) the Bureau of Indian Affairs;
(iii) the Bureau of Land Management;
(iv) the Bureau of Reclamation; or
(v) the National Park Service;
(C) the Secretary of Agriculture, with respect to Federal land administered by the Secretary of Agriculture through the Forest Service; and
(D) the head or a representative of any other Federal agency the duties of whom require planning relating to, and the treatment of, invasive species for the purpose of protecting water and wildlife on land and coasts and in oceans and water.
(8) SpeciesThe term “species” means a group of organisms, all of which—
(A) have a high degree of genetic similarity;
(B) are morphologically distinct;
(C) generally—
(i) interbreed at maturity only among themselves; and
(ii) produce fertile offspring; and
(D) show persistent differences from members of allied groups of organisms.
(b) Control and managementEach Secretary concerned shall plan and carry out activities on land directly managed by the Secretary concerned to protect water and wildlife by controlling and managing invasive species—
(1) to inhibit or reduce the populations of invasive species; and
(2) to effectuate restoration or reclamation efforts.
(c) Strategic plan
(1) In general
(2) CoordinationEach strategic plan under paragraph (1) shall be developed—
(A) in coordination with affected—
(i) relevant Federal agencies;
(ii) eligible States; and
(iii) political subdivisions of eligible States;
(B) in consultation with stakeholders, including nongovernmental organizations and industry;
(C) in consultation with federally recognized Indian tribes; and
(D) in accordance with the priorities established by 1 or more Governors of the eligible States in which an ecosystem affected by an invasive species is located.
(3) Factors for consideration
(d) Cost-effective methodsIn selecting a method to be used to control or manage an invasive species as part of a specific control or management project conducted as part of a strategic plan developed under subsection (c), the Secretary concerned shall prioritize the use of methods that—
(1) effectively control and manage invasive species, as determined by the Secretary concerned, based on sound scientific data;
(2) minimize environmental impacts; and
(3) control and manage invasive species in the most cost-effective manner.
(e) Comparative economic assessment
(f) Expedited action
(1) In general
(2) Description of projects and activitiesA project or activity referred to in paragraph (1) is a project or activity—
(A) to protect water or wildlife from an invasive species that, as determined by the Secretary concerned is, or will be, carried out on land or water that is—
(i) directly managed by the Secretary concerned; and
(ii) located in an area that is—(I) at high risk for the introduction, establishment, or spread of invasive species; and(II) determined by the Secretary concerned to require immediate action to address the risk identified in subclause (I); and
(B) carried out in accordance with applicable agency procedures, including any applicable—
(i) land or resource management plan; or
(ii) land use plan.
(g) Allocation of fundingOf the amount appropriated or otherwise made available to each Secretary concerned for a fiscal year for programs that address or include protection of land or water from an invasive species, the Secretary concerned shall use not less than 75 percent for on-the-ground control and management of invasive species, which may include—
(1) the purchase of necessary products, equipment, or services to conduct that control and management;
(2) the use of integrated pest management options, including options that use pesticides authorized for sale, distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.);
(3) the use of biological control agents that are proven to be effective to reduce invasive species populations;
(4) the use of revegetation or cultural restoration methods designed to improve the diversity and richness of ecosystems;
(5) the use of monitoring and detection activities for invasive species, including equipment, detection dogs, and mechanical devices;
(6) the use of appropriate methods to remove invasive species from a vehicle or vessel capable of conveyance; or
(7) the use of other effective mechanical or manual control methods.
(h) Investigations, outreach, and public awareness
(i) Administrative costs
(j) Reporting requirementsNot later than 60 days after the end of the second fiscal year beginning after March 12, 2019, each Secretary concerned shall submit to Congress a report—
(1) describing the use by the Secretary concerned during the 2 preceding fiscal years of funds for programs that address or include invasive species management; and
(2) specifying the percentage of funds expended for each of the purposes specified in subsections (g), (h), and (i).
(k) Relation to other authority
(1) Other invasive species control, prevention, and management authorities
(2) Public water supply systems
(l) Use of partnerships
(m) Memorandum of understanding
(1) In generalAs a condition of a contract or cooperative agreement under subsection (l), the Secretary concerned and the applicable Federal agency, eligible State, political subdivision of an eligible State, or private individual or entity shall enter into a memorandum of understanding that describes—
(A) the nature of the partnership between the parties to the memorandum of understanding; and
(B) the control and management activities to be conducted under the contract or cooperative agreement.
(2) ContentsA memorandum of understanding under this subsection shall contain, at a minimum, the following:
(A) A prioritized listing of each invasive species to be controlled or managed.
(B) An assessment of the total acres of land or area of water infested by the invasive species.
(C) An estimate of the expected total acres of land or area of water infested by the invasive species after control and management of the invasive species is attempted.
(D) A description of each specific, integrated pest management option to be used, including a comparative economic assessment to determine the least-costly method.
(E) Any map, boundary, or Global Positioning System coordinates needed to clearly identify the area in which each control or management activity is proposed to be conducted.
(F) A written assurance that each partner will comply with section 2814 of title 7.
(3) CoordinationIf a partner to a contract or cooperative agreement under subsection (l) is an eligible State, political subdivision of an eligible State, or private individual or entity, the memorandum of understanding under this subsection shall include a description of—
(A) the means by which each applicable control or management effort will be coordinated; and
(B) the expected outcomes of managing and controlling the invasive species.
(4) Public outreach and awareness efforts
(n) InvestigationsThe purpose of any invasive species-related investigation carried out under a contract or cooperative agreement under subsection (l) shall be—
(1) to develop solutions and specific recommendations for control and management of invasive species; and
(2) specifically to provide faster implementation of control and management methods.
(o) Coordination with affected local governments
(p) Authorization of appropriationsThere are authorized to be appropriated to carry out this section for each of fiscal years 2021 through 2025—
(1) $2,500,000 to the Secretary of the Army, acting through the Chief of Engineers; and
(2) $2,500,000 to the Secretary of the Interior.
(Mar. 10, 1934, ch. 55, § 10, as added Pub. L. 116–9, title VII, § 7001(b)(2)(B), Mar. 12, 2019, 133 Stat. 779; amended Pub. L. 116–188, title I, § 105, Oct. 30, 2020, 134 Stat. 916.)
§ 666d. Skagit National Wildlife Refuge; exchange of lands

The Secretary of the Interior is authorized, in his discretion, at any time within ten years from October 6, 1949, to accept from the State of Washington on behalf of the United States title to any lands in the State of Washington which he deems chiefly valuable for wildlife refuge purposes, and which are equivalent in value to the lands of the United States within the Skagit National Wildlife Refuge, and in exchange therefor to convey by deed on behalf of the United States to the State of Washington the said lands of the United States in the Skagit National Wildlife Refuge.

(Oct. 6, 1949, ch. 619, § 1, 63 Stat. 708.)
§ 666e. Administration of acquired lands

Any lands acquired by the Secretary of the Interior under the terms of this section and section 666d of this title, if located within or adjacent to an existing wildlife refuge or reservation, immediately shall become a part of such refuge or reservation and shall be administered under the laws and regulations applicable thereto, and, if not so located, may be administered as a migratory-waterfowl management area, refuge, reservation, or breeding ground in accordance with the provisions of the Act of August 14, 1946 (60 Stat. 1080), and Acts supplementary thereto.

(Oct. 6, 1949, ch. 619, § 2, 63 Stat. 708.)
§ 666f. Wildlife conservation and agricultural, industrial, recreational, and related uses for certain Federal lands; transfer of lands to Secretary of the Interior; administration, development, and disposition

In order to promote the orderly development and use of the lands and interests therein acquired by the United States in connection with the Crab Orchard Creek project and the Illinois Ordnance Plant in Williamson, Jackson, and Union Counties, Illinois, consistent with the needs of agriculture, industry, recreation, and wildlife conservation, all of the interests of the United States in and to such lands are hereby transferred to the Secretary of the Interior for administration, development, and disposition, in accordance with the provisions of this section and section 666g of this title.

(Aug. 5, 1947, ch. 489, § 1, 61 Stat. 770.)
§ 666g. Classification of lands; industrial leases; moneys subject to section 715s of this title; administration; jurisdiction of Federal agencies

All of the lands transferred to the Secretary of the Interior, pursuant to the provisions of section 666f of this title and this section, first shall be classified by him with a view to determining, in cooperation with Federal, State, and public or private agencies and organizations, the most beneficial use that may be made thereof to carry out the purposes of section 666f of this title and this section, including the development of wildlife conservation, agricultural, recreational, industrial, and related purposes. Such lands as have been or may hereafter be determined to be chiefly valuable for industrial purposes shall be leased for such purposes at such time and under such terms and conditions as the Secretary of the Interior shall prescribe. All moneys received or collected in connection with such leases shall be subject to the provisions of section 715s of this title. Except to the extent otherwise provided in section 666f of this title and this section, all lands herein transferred shall be administered by the Secretary of the Interior through the Fish and Wildlife Service in accordance with the provisions of the act of August 14, 1946 (Public Law 732, Seventy-ninth Congress), and Acts supplementary thereto and amendatory thereof for the conservation of wildlife, and for the development of the agricultural, recreational, industrial, and related purposes specified in section 666f of this title and this section: Provided, That no jurisdiction shall be exercised by the Secretary of the Interior over that portion of such lands and the improvements thereon which are now utilized by the Department of the Army directly or indirectly until such time as it is determined by the Secretary of the Army that utilization of such portions of such lands and the improvements thereon directly or indirectly by the Department of the Army is no longer required: Provided further, That, subsequent to the determination referred to in the preceding proviso, the lands and improvements mentioned therein shall be administered by the Secretary of the Interior, and any lease or other disposition thereof shall be made subject to such terms, conditions, restrictions, and reservations imposed by the Secretary of the Army as will, in the opinion of the Secretary of the Army, be adequate to assure the continued availability for war production purposes of such lands and improvements.

(Aug. 5, 1947, ch. 489, § 2, 61 Stat. 770; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 95–616, § 8, Nov. 8, 1978, 92 Stat. 3114.)
§ 667. Game management supply depots; appropriations

Appropriations made for the administration, protection, maintenance, control, improvements, and development of wildlife sanctuaries, reservations, and refuges under the control of the Secretary of the Interior shall be available for the purchase, transportation, and handling of supplies and materials for distribution at cost from game management supply depots maintained by the Department of the Interior to projects specially provided for, and transfers between the appropriations for said purposes are authorized in order that the cost of supplies and materials, and transportation and handling thereof, drawn from central warehouses so maintained may be charged to the particular project benefited; and such supplies and materials as remain in said depots at the end of any fiscal year shall be continuously available for issuance during subsequent fiscal years and to be charged for by such transfers of funds between said appropriations for the fiscal year then current without decreasing in any way the appropriations made for that fiscal year: Provided, That supplies and materials shall not be purchased solely for the purpose of increasing the value of storehouse stock beyond reasonable requirements for any current fiscal year.

(June 24, 1936, ch. 764, 49 Stat. 1913; 1939 Reorg. Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
§ 667a. Omitted
§ 667b. Transfer of certain real property for wildlife conservation purposes; reservation of rights

Upon request, real property which is under the jurisdiction or control of a Federal agency and no longer required by such agency, (1) can be utilized for wildlife conservation purposes by the agency of the State exercising administration over the wildlife resources of the State wherein the real property lies or by the Secretary of the Interior; and (2) is valuable for use for any such purpose, and which, in the determination of the Administrator of General Services, is available for such use may, notwithstanding any other provisions of law, be transferred without reimbursement or transfer of funds (with or without improvements as determined by said Administrator) by the Federal agency having jurisdiction or control of the property to (a) such State agency if the management thereof for the conservation of wildlife relates to other than migratory birds, or (b) to the Secretary of the Interior if the real property has particular value in carrying out the national migratory bird management program. Any such transfer to other than the United States shall be subject to the reservation by the United States of all oil, gas, and mineral rights, and to the condition that the property shall continue to be used for wildlife conservation or other of the above-stated purposes and in the event it is no longer used for such purposes or in the event it is needed for national defense purposes title thereto shall revert to the United States.

(May 19, 1948, ch. 310, § 1, 62 Stat. 240; June 30, 1949, ch. 288, title I, § 105, 63 Stat. 381; Pub. L. 92–432, Sept. 26, 1972, 86 Stat. 723.)
§ 667c. Publication of designating order

Whenever any real property is transferred pursuant to sections 667b to 667d of this title, the Administrator of General Services shall make and have published in the Federal Register an appropriate order, which may be revised from time to time in like manner, designating for which of the purposes specified in section 667b of this title the property so transferred shall be used.

(May 19, 1948, ch. 310, § 2, 62 Stat. 241; June 30, 1949, ch. 288, title I, § 105, 63 Stat. 381.)
§ 667d. Reports to Congress

A statement of the acreage and value of such property as may have been transferred pursuant to sections 667b to 667d of this title during the preceding fiscal year shall be annually prepared by the Administrator of General Services.

(May 19, 1948, ch. 310, § 3, 62 Stat. 241; June 30, 1949, ch. 288, title I, § 105, 63 Stat. 381; Pub. L. 104–66, title II, § 2091(b), Dec. 21, 1995, 109 Stat. 730.)
§ 667e. Repealed. Pub. L. 97–79, § 9(b)(2), Nov. 16, 1981, 95 Stat. 1079
§ 667f. Availability of grain to prevent waterfowl depredations; payment of packaging, transporting, handling, and other charges

For the purpose of preventing crop damage by migratory waterfowl, the Commodity Credit Corporation shall make available to the Secretary of the Interior such wheat, corn, or other grains, acquired through price support operations and certified by the Commodity Credit Corporation to be available for purposes of sections 667f to 667f–3 of this title or in such condition through spoilage or deterioration as not to be desirable for human consumption, as the Secretary of the Interior shall requisition pursuant to section 667f–1 of this title. With respect to any grain thus made available, the Commodity Credit Corporation may pay packaging, transporting, handling, and other charges up to the time of delivery to one or more designated locations in each State.

(July 3, 1956, ch. 512, § 1, 70 Stat. 492.)
§ 667f–1. Requisition of grain to prevent crop depredation by migratory waterfowl

Upon a finding by the Secretary of the Interior that any area in the United States is threatened with damage to farmers’ crops by migratory waterfowl, whether or not during the open season for such migratory waterfowl, the Secretary of the Interior is authorized and directed to requisition from the Commodity Credit Corporation and to make available to Federal, State, or local governmental bodies or officials, or to private organizations or persons, such grain acquired by the Commodity Credit Corporation through price-support operations in such quantities and subject to such regulations as the Secretary determines will most effectively lure migratory waterfowl away from crop depredations and at the same time not expose such migratory waterfowl to shooting over areas to which the waterfowl have been lured by such feeding programs.

(July 3, 1956, ch. 512, § 2, 70 Stat. 492.)
§ 667f–2. Reimbursement of packaging and transporting expenses

With respect to all grain made available pursuant to section 667f–1 of this title, the Commodity Credit Corporation shall be reimbursed by the Secretary of the Interior for its expenses in packaging and transporting such grain for purposes of sections 667f to 667f–3 of this title.

(July 3, 1956, ch. 512, § 3, 70 Stat. 492.)
§ 667f–3. Authorization of appropriations for mitigating losses caused by waterfowl depredation

There are authorized to be appropriated such sums as may be necessary to reimburse the Commodity Credit Corporation for its investment in the grain transferred pursuant to sections 667f to 667f–3 of this title.

(July 3, 1956, ch. 512, § 4, 70 Stat. 492.)
§ 667g. Requisition of surplus grain; prevention of starvation of resident game birds and other resident wildlife; utilization by State agencies; reimbursement for packaging and transporting

For the purpose of meeting emergency situations caused by adverse weather conditions or other factors destructive of important wildlife resources, the States are authorized, upon the request of the State fish and game authority or other State agency having similar authority and a finding by the Secretary of the Interior that any area of the United States is threatened with serious damage or loss to resident game birds and other resident wildlife from starvation, to requisition from the Commodity Credit Corporation grain acquired by the Corporation through price support operations. Such grain may thereafter be furnished to the particular State for direct and sole utilization by the appropriate State agencies for purposes of sections 667g to 667g–2 of this title in such quantities as mutually agreed upon by the State and the Commodity Credit Corporation and subject to such regulations as may be considered desirable by the Corporation. The Corporation shall be reimbursed by the particular State in each instance for the expense of the Corporation in packaging and transporting such grain for purposes of sections 667g to 667g–2 of this title.

(Pub. L. 87–152, § 1, Aug. 17, 1961, 75 Stat. 389.)
§ 667g–1. Requisition and use of grain for prevention of starvation of migratory birds; reimbursement for packaging and transporting

Upon a finding by the Secretary of the Interior that migratory birds are threatened with starvation in any area of the United States, the Secretary is authorized to requisition from the Commodity Credit Corporation grain acquired by that Corporation through price support operations in such quantities as may be mutually agreed upon. The Corporation shall be reimbursed by the Secretary for its expense in packaging and transporting of such grain for purposes of sections 667g to 667g–2 of this title.

(Pub. L. 87–152, § 2, Aug. 17, 1961, 75 Stat. 389.)
§ 667g–2. Authorization of appropriations for reimbursement of Commodity Credit Corporation

There are authorized to be appropriated such sums as may be necessary to reimburse the Commodity Credit Corporation for its investment in grain transferred pursuant to sections 667g to 667g–2 of this title.

(Pub. L. 87–152, § 3, Aug. 17, 1961, 75 Stat. 389.)
§ 667h. Chronic Wasting Disease Task Force
(a) DefinitionsIn this section:
(1) Cervid
(2) Chronic wasting diseaseThe 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
(b) Establishment
(1) In general
(2) DutiesThe 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 generalThe 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
(4) Co-ChairsThe 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
(B) Notification
(6) VacanciesAny 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) MeetingsThe 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
(B) Cooperative agreements
(i) In general
(ii) Target date
(C) Matching funds
(i) In general
(ii) Limitation
(9) ReportsNot 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
(2) Study
(A) In general
(B) Requirements
(3) Contents of the studyThe 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
(5) Data sharingThe 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) ReportNot 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 appropriationsThere 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.)
§ 667i. Chronic wasting disease research and management program
(a) Research program
(1) In general
(2) Criteria for selectionIn entering into cooperative agreements or other legal instruments pursuant to paragraph (1), the Secretary shall give priority to eligible entities that shall conduct research relating to—
(A)
(i) methods and products to effectively detect infectious chronic wasting disease prions in live cervids, cervid excreta, the environment, and inorganic surfaces, and to decontaminate such infectious prions; or
(ii) testing methods that significantly improve sensitivity and accelerate timelines for test results on non-live cervids;
(B) the long-term suppression or eradication of chronic wasting disease; or 2
2 So in original.
(C) determination markers for genetic resistance to chronic wasting disease and strategies for using genetic resistance to combat the spread of the disease;
(D) sustainable cervid harvest management practices to reduce chronic wasting disease occurrence and to prevent or limit spatial spread of chronic wasting disease; or
(E) factors contributing to local emergence of chronic wasting disease, increased prevalence of chronic wasting disease, and distribution of chronic wasting disease, including mechanisms of disease transmission and effective barriers to transmission.
(3) Size of awards
(4) Administrative costs by eligible entities
(b) Support for State efforts to manage and control chronic wasting disease
(1) In general
(2) Application
(3) Funding prioritiesIn allocating funds made available to carry out this subsection for a fiscal year among State and Tribal wildlife agencies or departments of agriculture that submit an application for direct financial assistance under this subsection, the Secretary shall give priority to States and Indian tribes that have—
(A) within their respective jurisdictions, the highest 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, with the intent of containing chronic wasting disease in any new area of infection.
(4) Rapid response
(5) Public education on chronic wasting disease
(c) DefinitionsIn this section:
(1) Chronic wasting diseaseThe 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 includes scrapie, bovine spongiform encephalopathy, and Cruetzfeldt-Jakob disease.
(2) Eligible entityThe 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 1001 of title 20); and
(E) a research center conducting or qualified to conduct scientific research on chronic wasting disease.
(d) Review of herd certification program standardsNot later than 18 months after the date of the enactment of this Act, the Secretary shall publish a notice in the Federal Register soliciting public feedback on potential updates and improvements to the chronic wasting disease herd certification program standards with special consideration given to—
(1) minimizing or eliminating the interaction of captive and wild deer;
(2) reviewing and updating indemnity practices, including the use of live testing, to ensure the timely and targeted removal of chronic wasting disease positive deer from the landscape; and
(3) increasing participation in the herd certification program.
(e) Authorization of appropriations
(1) In general
(2) Allocation among programs
(3) Set-aside for wildlife agencies
(f) Administrative costs
(g) Rule of construction
(Pub. L. 117–328, div. HH, title V, § 603, Dec. 29, 2022, 136 Stat. 5996.)