118 HR 7999 IH: Wildlife Rescue, Rehabilitation, and Reintroduction Act of 2024
U.S. House of Representatives
2024-04-15
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I
118th CONGRESS
2d Session
H. R. 7999
IN THE HOUSE OF REPRESENTATIVES
April 15, 2024
Mr. Garbarino (for himself and Mr. Quigley) introduced the following bill; which was referred to the Committee on Natural Resources
A BILL
To direct the Secretary of the Interior to encourage and incentivize rescue, rehabilitation, and appropriate reintroduction of threatened and endangered animals by establishing a Wildlife Confiscations Network, and for other purposes.
1.

Short title
This Act may be cited as the “Wildlife Rescue, Rehabilitation, and Reintroduction Act of 2024”.
2.

Sense of Congress
It is the sense of Congress that—
(1)
accredited zoos, aquariums, science centers, wildlife sanctuaries, and similar facilities play invaluable roles in the rescue, rehabilitation, and reintroduction of threatened and endangered species of animals; and
(2)
to the maximum extent possible, such activities, including the educational display and interpretation of such species, should be encouraged, facilitated, and incentivized.
3.

Definitions
In this Act:
(1)

Administrator
The term Administrator means the Administrator of the National Oceanic and Atmospheric Administration, acting through the Director of the National Marine Fisheries Service.
(2)

Appropriate Secretary
The term appropriate Secretary means—
(A)
the Secretary, with respect to a zoo, aquarium, science center, wildlife sanctuary, or similar facility that cares for animal species over which the Director of the United States Fish and Wildlife Service has jurisdiction;
(B)
the Secretary of Commerce, acting through the Administrator, with respect to a zoo, aquarium, science center, wildlife sanctuary, or similar facility that cares for animal species over which the Administrator has jurisdiction; and
(C)
the Secretary and the Secretary of Commerce, acting through the Administrator, acting jointly with respect to a zoo, aquarium, science center, wildlife sanctuary, or similar facility that cares for animal species described in both of subparagraphs (A) and (B).
(3)

Association
The term Association means the Association of Zoos and Aquariums.
(4)

CITES species
The term CITES species means an animal species that is listed in one of the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
(5)

Committee
The term Committee means the committee established under section 6(b)(3).
(6)

Confiscated animal
The term confiscated animal means an individual of a CITES species or a threatened or endangered species that is—
(A)
seized at or en route to or from a port or border of the United States; and
(B)
placed at a qualified zoological facility to provide general animal care and welfare to such individual.
(7)

Conservation recovery species
The term conservation recovery species means a population of a threatened or endangered species that is cared for by a qualified zoological facility—
(A)
for non-commercial purposes; and
(B)
in direct support of recovery and reintroduction efforts of a Federal agency for such threatened or endangered species.
(8)

Network
The term Network means the Wildlife Confiscations Network established under section 6(a).
(9)

Qualified zoological facility
The term qualified zoological facility means a zoo, aquarium, science center, wildlife sanctuary, or similar facility—
(A)
that, as of the date of the enactment of this Act, provides care to an individual of a conservation recovery species;
(B)
with which the appropriate Secretary has placed a rescued animal within the 5 years preceding the date of the enactment of this Act; or
(C)
designated as such by the appropriate Secretary under section 4.
(10)

Rescued animal
The term rescued animal—
(A)
means an individual of a threatened or endangered species that—
(i)
is native to the United States; and
(ii)
is removed from the wild because of injury, or threats or impending effects due to natural or human-induced activities, including such an individual that is removed from the wild by, or at the request of, a Federal, State, or Tribal agency; and
(B)
does not include an individual of any species of sea turtle.
(11)

Secretary
The term Secretary means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.
(12)

Threatened or endangered species
The term threatened or endangered species means an animal species that is listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)—
(A)
as a threatened species; or
(B)
as an endangered species.
4.

Designation of qualified zoological facilities
The appropriate Secretary shall designate as a qualified zoological facility each zoo, aquarium, science center, wildlife sanctuary, or similar facility that, as determined by the appropriate Secretary—
(1)
has an established record of providing exemplary care to—
(A)
confiscated animals;
(B)
rescued animals; or
(C)
individuals of a conservation recovery species; and
(2)
follows accepted practices in animal husbandry, including—
(A)
compliance with the Animal Welfare Act (7 U.S.C. 2131 et seq.);
(B)
appropriate licensing and permitting; and
(C)
adherence to industry standards.
5.

Rescue and recovery grant program
(a)

In general
The Secretary, in consultation with the Administrator, shall establish a grant program to award amounts and technical assistance to qualified zoological facilities to support the care of individuals of a conservation recovery species, rescued animals, and confiscated animals.
(b)

Applications
To be eligible for a grant under this section, a qualified zoological facility shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate, including a description of each eligible activity the qualified zoological facility will carry out with a grant awarded under this section.
(c)

Eligible activities
A qualified zoological facility that is awarded a grant under this section may use such grant to carry out the following activities with respect to individuals of a conservation recovery species, rescued animals, or confiscated animals:
(1)
Pay expenses related to—
(A)
facility costs;
(B)
food;
(C)
veterinary care, including medicine and life support systems;
(D)
direct animal care staff;
(E)
the transportation of an individual of a conservation recovery species, rescued animal, or confiscated animal for holding; and
(G)
the reintroduction of an individual of a conservation recovery species, rescued animal, or confiscated animal into the wild.
(2)
Design and construct facilities to support the creation of a network of facilities qualified to conduct rescue, recovery, and reintroduction efforts for individuals of a conservation recovery species, rescued animals, or confiscated animals.
(3)
Develop rescue and rehabilitation technologies and procedures, especially such technologies and procedures that are necessary to support the rapid and safe reintroduction of individuals of a conservation recovery species, rescued animals, or confiscated animals.
(d)

Guidance; criteria
The Secretary shall, in consultation with stakeholders, including public and private entities that are actively involved in the care, rescue, rehabilitation, and reintroduction of any threatened or endangered species, issue—
(1)
guidance regarding the implementation of the grant program established under subsection (a); and
(2)
criteria to award grants under this section.
(e)

Limitation
The Secretary, in consultation with the Administrator, may not award a qualified zoological facility more than $1,000,000 under this section in a fiscal year, except in the event of an unusual mortality event, as determined by the Secretary in consultation with the Administrator.
(f)

Matching requirement
(1)

In general
Except as provided in paragraph (2), the Federal share of an activity carried out with a grant awarded under this section may not exceed 50 percent.
(2)

Exceptions
(A)

Critical activity
The Federal share of an activity carried out with a grant awarded under this section that is related to the development of a facility, technology, or procedure that is critical for the rescue and reintroduction of individuals of a conservation recovery species, rescued animals, or confiscated animals, as determined by the Secretary, may not exceed 75 percent.
(B)

Waiver of matching requirement
The Secretary may waive the application of paragraph (1) in the case of an unusual mortality event or other declared emergency, as determined by the Secretary.
(g)

Permit for qualified zoological facilities
(1)

In general
Not later than 90 days after the date of the enactment of this Act, the Secretary shall issue a programmatic permit under section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) authorizing qualified zoological facilities to conduct rescue, rehabilitation, and reintroduction efforts for threatened or endangered species under this section.
(2)

Contents
The permit issued under paragraph (1)—
(A)
shall, to the maximum extent possible—
(i)
encourage and incentivize the rescue, rehabilitation, and reintroduction of threatened or endangered species; and
(ii)
encourage and facilitate public display of rescued animals and the offspring of such rescued animals in participating qualified zoological facilities for educational purposes; and
(B)
may not—
(i)
regulate normal and accepted husbandry practices, including breeding;
(ii)
prohibit the display of rescued animals for educational purposes; or
(iii)
provide for Federal Government ownership of a rescued animal, or the offspring of such a rescued animal, that is placed in a qualified zoological facility for long-term care, except for an individual of a conservation recovery species.
6.

Wildlife Confiscations Network
(a)

In general
The Secretary shall enter into an agreement with the Association to establish a voluntary, cooperative program to assist Federal wildlife law enforcement agencies with the placement and care of confiscated animals, to be known as the “Wildlife Confiscations Network”.
(b)

Functions
The Network shall—
(1)
establish a cooperative and coordinated response protocol for the care and welfare of confiscated animals;
(2)
create and maintain a database of qualified zoological facilities and other organizations that are members of the Network that can provide immediate triage needs and long-term housing and care for confiscated animals;
(3)
establish a committee within the Network to review and approve or reject applications for inclusion in the Network submitted under subsection (c) by entities listed in paragraph (1) of that subsection; and
(4)
act as the single point of contact for Federal wildlife law enforcement agencies to assist in the placement and care of confiscated animals in qualified zoological facilities.
(c)

Membership
(1)

In general
Each of the following entities may submit to the Committee an application to join the Network:
(A)
Universities with expertise in the care of confiscated animals.
(B)
Wildlife sanctuaries.
(C)
Association-accredited zoos.
(D)
Association-accredited aquariums.
(E)
Animal rescue organizations.
(F)
Nongovernmental organizations with expertise in the care of confiscated animals.
(G)
Qualified zoological facilities.
(2)

Contents of application
An application submitted under paragraph (1) by an entity listed in that paragraph shall contain information sufficient for the Committee to determine whether such entity—
(A)
has, as determined by the Committee, the necessary credentials; and
(B)
is an effective, responsible, and appropriate entity that is capable of assisting Federal wildlife law enforcement agencies in the placement and care of confiscated animals.
(3)

Determination
The Committee shall review each application submitted under paragraph (1) and approve or reject each such application.
(d)

Committee
(1)

Membership
The Committee shall include 1 representative from each of the following entities:
(A)
The Association.
(B)
The United States Fish and Wildlife Service.
(C)
A university with expertise in the care of confiscated animals.
(D)
A wildlife sanctuary.
(E)
An Association-accredited zoo.
(F)
An Association-accredited aquarium.
(G)
An animal rescue organization.
(H)
A nongovernmental organization with expertise in the care of confiscated animals.
(2)

Initial members
The Association, in consultation with community stakeholders, including public and private entities that are actively involved in the care, rescue, rehabilitation, and reintroduction of any threatened or endangered species, shall appoint each initial member to the Committee in accordance with paragraph (1).
(3)

Subsequent members
Except for the appointment of the initial members of the Committee under paragraph (2), each member of the Committee shall be elected by a majority vote of the members of the Committee through a call for service and application process implemented by the Committee.
(4)

Term of membership
(A)

Initial members
Of the initial members appointed to the Committee by the Association under paragraph (2), as determined by the Association in consultation with the community stakeholders described in that paragraph at the time of such appointment—
(i)
2 members shall be appointed for a term of 1 year;
(ii)
3 members shall be appointed for a term of 2 years; and
(iii)
3 members shall be appointed for a term of 3 years.
(B)

Subsequent members
Each member of the Committee elected under paragraph (3) shall serve on the Committee for a term of 3 years.
7.

Funding
The Secretary, in consultation with the Secretaries of Commerce, Agriculture, and State, shall identify existing authorizations and appropriations to implement this Act, and not later than 12 months after the date of the enactment of this Act, shall advise the Committee on Environment and Public Works in the Senate and the Committee on Natural Resources in the House if any additional authorizations are necessary.
8.

Savings clause
Nothing in this Act may be construed to amend or otherwise affect the John H. Prescott Marine Mammal Rescue and Response Grant Program established under section 408(b)(1) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421f–1(b)(1)).