A New Wolf Compensation and Prevention Program
Another goodie hidden in the Omnibus Public Land Management Act of 2009 (S.22), passed Sunday by Harry Reid and the US Senate, their very first action of 2009, is Subtitle F of Title VI, the Wolf Livestock Loss Demonstration Project (pp. 548-552).
Subtitle F provides $1 million per year nationally to reimburse livestock owners for their animals killed by wolves.
Informed Wildlife and People readers comment:
This looks like yet another way to get the states hooked on a federal program that states will have to fund after five years if they wish to continue the program. Meanwhile, wolves will seem more acceptable.
Also, $1 million per year divided among all states with wolves won’t go far. Then there is the ongoing debate about proving wolf predation. To often those who must make the determination cannot respond to an incident for days or weeks, by which time essential evidence is gone.
Finally, this does nothing to compensate states for lost game, lost hunting opportunities, and states and local economies for lost revenue from hunting.
It is just a drop in the bucket and the funding probably won’t be appropriated anyway.
The entire Omnibus Public Land Management Act of 2009 is 1,264 pages and may be downloaded [here]. Subtitle F of Title VI reads as follows:
Subtitle F—Wolf Livestock Loss Demonstration Project
SEC. 6501. DEFINITIONS.
In this subtitle:
(1) 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).
(2) LIVESTOCK.—The term ‘‘livestock’’ means cattle, swine, horses, mules, sheep, goats, livestock guard animals, and other domestic animals, as determined by the Secretary.
(3) PROGRAM.—The term ‘‘program’’ means the demonstration program established under section 6502(a).
(4) SECRETARIES.—The term ‘‘Secretaries’’ means the Secretary of the Interior and the Secretary of Agriculture, acting jointly.SEC. 6502. WOLF COMPENSATION AND PREVENTION PROGRAM.
(a) IN GENERAL.—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.
(b) CRITERIA AND REQUIREMENTS.—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.
(c) ELIGIBILITY.—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.
(d) ALLOCATION OF FUNDING.—The Secretaries shall allocate funding made available to carry out this subtitle—
(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.
(e) ELIGIBLE LAND.—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.
(f) FEDERAL COST SHARE.—The Federal share of the cost of any activity provided assistance made available under this subtitle shall not exceed 50 percent of the total cost of the activity.SEC. 6503. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this subtitle $1,000,000 for fiscal year 2009 and each fiscal year thereafter.
I received a forwarded message regarding the Wolf Compensation and Prevention Program, as proposed by the Senate. I am an attorney and, while I do not actively practice in environmental law, I do keep abreast with great interest of the happenings in this field and am familiar with the particular field of law.
I am concerned by the program as set forth by the Senate for two main reasons. First, it is foreseeable that some courts may interpret the program as qualifying for compensation only those who undertake “proactive non-lethal activities”. It is likely that those ranchers, or others with a viable interest in protecting their livestock, who undertake any lethal activities in defense of their property will be ineligible for compensation. Second, from my cursory examination of the Act, this program does not appear to be only applicable as long as the wolf is on the endangered species list. Thus, in the event that the wolf is finally removed from the list, the federal government will be dabbling in what should then be strictly state matters. There is a very poignant federalism concern in this Act that should be addressed.
Brian D. Knox, attorney at law