[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 357 Reported in Senate (RS)]
Calendar No. 515
112th CONGRESS
2d Session
S. 357
[Report No. 112-214]
To authorize the Secretary of the Interior to identify and declare
wildlife disease emergencies and to coordinate rapid response to those
emergencies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 15, 2011
Mr. Lautenberg (for himself, Mr. Leahy, Mr. Sanders, Mr. Bingaman, Mr.
Menendez, and Mr. Cardin) introduced the following bill; which was read
twice and referred to the Committee on Environment and Public Works
September 19, 2012
Reported by Mrs. Boxer, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To authorize the Secretary of the Interior to identify and declare
wildlife disease emergencies and to coordinate rapid response to those
emergencies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wildlife Disease Emergency Act of
2011''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to authorize the Secretary of the Interior to identify
and declare wildlife disease emergencies;
(2) to establish a fund through which the Secretary may
coordinate rapid response to those emergencies; and
(3) to prepare for, identify, and address diseases
adversely affecting wildlife populations and biodiversity
through strategic and coordinated actions among Federal, State,
and local agencies, Indian tribes, and nongovernmental
organizations.
SEC. 3. DEFINITIONS.
In this Act:
(1) Committee.--The term ``Committee'' means the Wildlife
Disease Committee established under section 6(a).
(2) Disease.--The term ``disease'' means an infectious or
noninfectious, pathological condition that--
(A) occurs in a susceptible population of wildlife;
and
(B) is not zoonotic.
(3) Fund.--The term ``Fund'' means the Wildlife Disease
Emergency Fund established by section 5.
(4) 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).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means--
(A) each of the several States of the United
States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
(7) United states.--The term ``United States'' includes--
(A) each of the several States of the United
States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
(8) Wildlife.--The term ``wildlife'' means any species
native to the United States, including nondomesticated mammals,
fish, birds, amphibians, reptiles, mollusks, and arthropods.
(9) Wildlife disease emergency.--The term ``wildlife
disease emergency'' means a disease that--
(A) is infectious and caused by--
(i) a newly discovered pathogen; or
(ii) a known infectious disease that is
expanding in geographic range, species
impacted, or other recognized impacts;
(B) poses significant threats to the sustainability
of a wildlife species;
(C) is spreading rapidly; or
(D) poses a significant threat to the health of a
functioning ecosystem in a priority land <DELETED>scape
identified in--
<DELETED> (i) the national fish and wildlife
climate change adaptation plan entitled
``Rising to the Urgent Challenge: Strategic
Plan for Responding to Accelerating Climate
Change'' and dated September 2010; or</DELETED>
(ii)</DELETED> a similar Federal, State,
local, or tribal law, regulation, or
conservation plan.</DELETED> scape identified
in a Federal, State, local, or tribal law,
regulation, or conservation plan.
SEC. 4. DECLARATION OF WILDLIFE DISEASE EMERGENCY.
(a) In General.--The Secretary, in consultation with the Governor
of a potentially affected State, may declare within that State a
wildlife disease emergency for a disease that affects wildlife--
(1) within the United States; or
(2) outside the United States, but has the potential, as
determined by the Secretary, to enter the United States.
(b) Considerations.--In making a declaration under subsection (a),
the Secretary shall consider--
(1) the level of threat the disease poses to affected
wildlife populations, based on--
(A) the relative threat to population levels;
(B) the relative strength of the contagion and
spread of the disease;
(C) the observed rate of morbidity or mortality of
the disease; and
(D) the priority of affected species, ecosystems,
or habitats, including--
<DELETED> (i) species under--</DELETED>
<DELETED> (I) the Endangered Species
Act of 1973 (16 U.S.C. 1531 et
seq.);</DELETED>
<DELETED> (II) the Migratory Bird
Treaty Act (16 U.S.C. 703 et
seq.);</DELETED>
<DELETED> (III) the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1361
et seq.); or</DELETED>
<DELETED> (IV) any other applicable
Federal law (including
regulations);</DELETED>
<DELETED> (ii) species and habitats
identified as priorities in--</DELETED>
<DELETED> (I) the national fish and
wildlife climate change adaptation plan
entitled ``Rising to the Urgent
Challenge: Strategic Plan for
Responding to Accelerating Climate
Change'' and dated September 2010;
or</DELETED>
<DELETED> (II) a similar Federal,
State, local, or tribal law,
regulation, or conservation plan;
and</DELETED>
<DELETED> (iii) wildlife located on Federal
land;</DELETED>
(i) species and habitats identified as
priorities in a Federal, State, local, or
tribal law, regulation, or conservation plan;
and
(ii) wildlife located on Federal land;
(2) the sufficiency of resources available in the Fund;
(3) the ability of the Department of the Interior and other
Federal, State, and local agencies, tribal governments, and
other stakeholders to address and coordinate response to the
disease through other means; and
(4) the request of any State Governor to make such a
declaration.
(c) Response Coordination.--Upon a declaration of a wildlife
disease emergency by the Secretary, the Secretary shall lead a
coordinated response to the emergency that shall include, to the
maximum extent practicable, appropriate Federal, State, and local
agencies, Indian tribes, nongovernmental organizations, or other
stakeholders.
(d) Grant Program.--The Secretary may develop and implement a grant
program to provide grants to State wildlife agencies and Indian tribes
to coordinate the response to and address declared wildlife disease
emergencies.
SEC. 5. WILDLIFE DISEASE EMERGENCY FUND.
(a) Establishment of Fund.--There is established in the Treasury of
the United States a fund to be known as the ``Wildlife Disease
Emergency Fund'', to be administered by the Secretary, to be available
without fiscal year limitation, and subject to appropriation, to carry
out this Act.
(b) Transfers to Fund.--The Fund shall consist of--
(1) such amounts as are appropriated to the Fund; and
(2) such amounts as are received by the Secretary as
donations, gifts, or contributions for the purpose of
addressing wildlife disease emergencies.
(c) Prohibition.--Amounts in the Fund may not be made available for
any purpose other than to respond to a wildlife disease emergency
declared under section 4.
(d) Annual Reports.--
(1) In general.--Not later than 60 days after the end of
each fiscal year beginning with fiscal year 2011, the Secretary
shall submit to the Committee on Appropriations of the House of
Representatives, the Committee on Appropriations of the Senate,
the Committee on Environment and Public Works of the Senate,
and the Committee on Natural Resources of the House of
Representatives a report on the operation of the Fund during
the fiscal year.
(2) Contents.--Each report shall include, for the fiscal
year covered by the report, the following:
(A) A statement of the amounts deposited into the
Fund.
(B) A description of the expenditures made from the
Fund for the fiscal year, including the purpose of the
expenditures.
(C) Recommendations for additional authorities to
fulfill the purpose of the Fund.
(D) A statement of the balance remaining in the
Fund at the end of the fiscal year.
(e) Separate Appropriations Account.--Section 1105(a) of title 31,
United States Code, is amended by adding at the end the following:
``(39) a separate statement for the Wildlife Disease
Emergency Fund established under section 5 of the Wildlife
Disease Emergency Act of 2011, which shall include the
estimated amount of deposits into the Fund, obligations, and
outlays from the Fund.''.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary.
SEC. 6. WILDLIFE DISEASE COMMITTEE.
(a) Establishment.--The Secretary may establish a Wildlife Disease
Committee to assist the Secretary in increasing the level of
preparedness of the United States to address emerging wildlife
diseases.
(b) Duties.--The Committee shall--
(1) advise the Secretary on risk assessment, preparation,
monitoring, research, and response to wildlife diseases that
may significantly impact the health and sustainability of
wildlife populations; and
(2) as appropriate, draft reports, recommendations, plans,
or other documents relating to risk assessment, preparation,
monitoring, research, and response to wildlife diseases that
may significantly impact the health and sustainability of
wildlife populations.
(c) Membership.--
(1) In general.--Subject to paragraph (2), members of the
Committee shall be appointed by the Secretary from among
individuals who are qualified by education, training, or
experience in topics such as wildlife health, biology, ecology,
wildlife conservation, and natural resource management.
(2) Inclusions.--The Committee shall include--
(A) qualified individuals who are employed
<DELETED>by Federal and State agencies and tribal
entities; and
</DELETED> (B)</DELETED> qualified individuals who
represent
</DELETED>by Federal agencies;
(B) at least 8 qualified individuals who are
employed by a State fish and wildlife agency, each of
whom shall be employed in a different 1 of the 8
regions of the United States Fish and Wildlife Service;
(C) qualified individuals employed by other State
agencies and tribal entities; and
(D) qualified individuals who represent public and
private organizations.
(d) Committee Chair.--The Secretary, or a designee of the
Secretary, shall be the Chair of the Committee.
(e) Staffing and Assistance.--The Secretary shall make available to
the Committee any staff, information, administrative services, or
assistance the Secretary determines is reasonably required to enable
the Committee to carry out the functions of the Committee.
(f) Renewal.--Notwithstanding section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.), the Secretary may renew the Committee
for any period of time that the Secretary determines to be appropriate.
SEC. 7. RAPID RESPONSE TEAMS.
The Secretary may convene rapid response teams to address any
wildlife disease emergency.
SEC. 8. ADMINISTRATION.
Nothing in this Act--
(1) limits the authority of the Secretary to respond to
wildlife disease events that are not declared <DELETED>wildlife
disease emergencies under this Act; or
</DELETED> (2)</DELETED> limits, repeals, supersedes, or
modifies any
</DELETED>wildlife disease emergencies under this Act;
(2) affects the authority, jurisdiction, or responsibility
of the States to manage, control, or regulate fish and resident
wildlife under any State law (including regulations);
(3) grants authority to any public agency to acquire
private property or conservation easements or otherwise
infringe any use of private property; or
(4) limits, repeals, supersedes, or modifies any provision
of Federal, State, local, or tribal law (including
regulations).
Calendar No. 515
112th CONGRESS
2d Session
S. 357
[Report No. 112-214]
_______________________________________________________________________
A BILL
To authorize the Secretary of the Interior to identify and declare
wildlife disease emergencies and to coordinate rapid response to those
emergencies, and for other purposes.
_______________________________________________________________________
September 19, 2012
Reported with amendments