Gray Wolf Livestock Loss Mitigation Act of 2008

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). 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).

The term livestock means cattle, swine, horses, mules, sheep, goats, livestock guard animals, and other animals, as determined by the Secretary. The term livestock means cattle, swine, horses, mules, sheep, goats, livestock guard animals, and other domestic animals, as determined by the Secretary.

The term predatory species means gray wolves, grizzly bear, and other predatory species, as determined by the Secretary.

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

The Secretary may provide grants to States and Indian tribes described in subsection (b) to pay the Federal share of carrying out programs to compensate livestock producers for—

(1) activities undertaken to reduce the risk of livestock loss due to predation by predatory species; or

(2) livestock losses due to such predation.

The Secretary shall designate as eligible to receive grants under this section—

(A) the States of Montana, Wyoming, and Idaho; and

(B) such other States and Indian tribes as the Secretary determines from among States and Indian tribes that have populations of predatory species.

To be eligible to receive a grant under subsection (a), a State or Indian tribe shall—

(A) designate an appropriate agency in the State or Indian tribe to administer the 1 or more programs funded by the grant;

(B) establish 1 or more accounts to receive grant funds;

(C) maintain files of all claims received under programs funded by grant, including supporting documentation;

(D) submit to the Secretary—

(i) annual reports that include—

(I) a summary of claims and expenditures under the program during the year; and

(II) a description of any action taken on the claims; and

(ii) such other reports as the Secretary may require to assist the Secretary in determining the effectiveness of programs carried out under this section; and

(E) promulgate rules for reimbursing livestock producers under the program in accordance with subsection (c).

The Secretary shall allocate funding made available to carry out this section among States and Indian tribes based on—

(A) the level of livestock predation in the State or on the land owned by, or held in trust for the benefit of, the Indian tribe;

(B) whether the State or Indian tribe is located in a geographical area that is at high risk for livestock predation; or

(C) such other factors as the Secretary determines.

A program funded by a grant under subsection (a)(1) shall compensate livestock producers for activities that reduce the risk of livestock loss due to predation, including—

(A) fencing;

(B) fladry;

(C) night penning;

(D) increased human presence in the form of livestock herders and riders;

(E) guard animals;

(F) provision of hay and dog food;

(G) voluntary rental of private land or alternative pasture allotments on a temporary basis;

(H) delayed turnouts; and

(I) other successful preventative measures, as determined by the agency administering the program.

A program funded by a grant under subsection (a)(2) shall compensate livestock producers for losses due to predation of the livestock of the livestock producers.

Activities described in paragraph (1) and losses described in paragraph (2) may occur on Federal, State, or private land, or land owned by, or held in trust for the benefit of, an Indian tribe.

The Federal share of the cost of carrying out a program described in paragraph (1) or (2) for any fiscal year shall not exceed 50 percent of the total annual cost of the program.

There are authorized to be appropriated such sums as are necessary to carry out this section.

The term program means the demonstration program established under section 3(a).

The term Secretaries means the Secretary of the Interior and the Secretary of Agriculture, acting jointly.

The Secretaries shall establish a 5-year demonstration program to provide grants to States and Indian tribes—

(1) to assist livestock producers in undertaking proactive, non-lethal activities to reduce the risk of livestock loss due to predation by wolves; and

(2) to compensate livestock producers for livestock losses due to such predation.

The Secretaries shall—

(1) establish criteria and requirements to implement the program; and

(2) when promulgating regulations to implement the program under paragraph (1), consult with States that have implemented State programs that provide assistance to—

(A) livestock producers to undertake proactive activities to reduce the risk of livestock loss due to predation by wolves; or

(B) provide compensation to livestock producers for livestock losses due to such predation.

To be eligible to receive a grant under subsection (a), a State or Indian tribe shall—

(1) designate an appropriate agency of the State or Indian tribe to administer the 1 or more programs funded by the grant;

(2) establish 1 or more accounts to receive grant funds;

(3) maintain files of all claims received under programs funded by the grant, including supporting documentation;

(4) submit to the Secretary—

(A) annual reports that include—

(i) a summary of claims and expenditures under the program during the year; and

(ii) a description of any action taken on the claims; and

(B) such other reports as the Secretary may require to assist the Secretary in determining the effectiveness of activities provided assistance under this section; and

(5) promulgate rules for reimbursing livestock producers under the program.

The Secretaries shall allocate funding made available to carry out this Act—

(1) equally between the uses identified in paragraphs (1) and (2) of subsection (a); and

(2) among States and Indian tribes based on—

(A) the level of livestock predation in the State or on the land owned by, or held in trust for the benefit of, the Indian tribe;

(B) whether the State or Indian tribe is located in a geographical area that is at high risk for livestock predation; or

(C) any other factors that the Secretaries determine are appropriate.

Activities and losses described in subsection (a) may occur on Federal, State, or private land, or land owned by, or held in trust for the benefit of, an Indian tribe.

The Federal share of the cost of any activity provided assistance made available under this Act shall not exceed 50 percent of the total cost of the activity.