--- kind: "section" citation: "7 U.S.C. § 8355" title: "7" title_heading: "Agriculture" number: "8355" heading: "Losses of livestock due to depredation by federally protected species" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/7/8355" units: - "Chapter 109A — Control of Wild Animals" --- # §8355. Losses of livestock due to depredation by federally protected species - (a) **Definitions—** In this section: - (1) **Depredation—** - (A) **In general—** The term “depredation” means actual death, injury, or destruction of livestock that is caused by a federally protected species. - (B) **Exclusions—** The term “depredation” does not include damage to real or personal property other than livestock, including— - (i) damage to— - (I) other animals; - (II) vegetation; - (III) motor vehicles; or - (IV) structures; - (ii) diseases; - (iii) lost profits; or - (iv) consequential damages. - (2) **Federally protected species—** The term “federally protected species” means a species that is or previously was protected under— - (A) the Act of June 8, 1940 (commonly known as the “Bald and Golden Eagle Protection Act”) (54 Stat. 250, chapter 278; [16 U.S.C. 668](/usc/16/668.md) et seq.); - (B) the Endangered Species Act of 1973 ([16 U.S.C. 1531](/usc/16/1531.md) et seq.); or - (C) the Migratory Bird Treaty Act ([16 U.S.C. 703](/usc/16/703.md) et seq.). - (3) **Indian Tribe—** The term “Indian Tribe” has the meaning given to the term “Indian tribe” in [section 5304 of title 25](/usc/25/5304.md). - (4) **Livestock—** - (A) **In general—** The term “livestock” means horses, mules and asses, rabbits, llamas, cattle, bison, [swine](/usc/7/198.md?p=6), sheep, goats, poultry, bees, honey and beehives, or any other animal generally used for food or in the production of food or fiber. - (B) **Inclusion—** The term “livestock” includes guard animals actively engaged in the protection of livestock described in [subparagraph (A)](#a-4-A). - (5) **Program—** The term “program” means the grant program established under [subsection (b)(1)](#b-1). - (6) **Secretaries—** The term “[Secretaries](/usc/7/499a.md?p=b-2)” means— - (A) the [Secretary](/usc/7/499a.md?p=b-2) of the Interior, acting through the Director of the United States Fish and Wildlife Service; and - (B) the [Secretary](/usc/7/499a.md?p=b-2) of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service. - (b) **Grant program for losses of livestock due to depredation by federally protected species—** - (1) **In general—** The [Secretaries](/usc/7/499a.md?p=b-2) shall establish a program to provide grants to [States](/usc/7/198.md?p=5) and Indian Tribes to supplement amounts provided by [States](/usc/7/198.md?p=5), Indian Tribes, or [State](/usc/7/198.md?p=5) agencies under 1 or more programs established by the [States](/usc/7/198.md?p=5) and Indian Tribes (including programs established after October 30, 2020)— - (A) to assist livestock producers in carrying out— - (i) proactive and nonlethal activities to reduce the risk of livestock loss due to depredation by federally protected species occurring on— - (I) Federal, [State](/usc/7/198.md?p=5), or private land within the applicable [State](/usc/7/198.md?p=5); or - (II) land owned by, or held in trust for the benefit of, the applicable Indian Tribe; and - (ii) research relating to the activities described in [clause (i)](#b-1-A-i); and - (B) to compensate livestock producers for livestock losses due to depredation by federally protected species occurring on— - (i) Federal, [State](/usc/7/198.md?p=5), or private land within the applicable [State](/usc/7/198.md?p=5); or - (ii) land owned by, or held in trust for the benefit of, the applicable Indian Tribe. - (2) **Allocation of funding—** - (A) **Reports to the secretaries—** Not later than September 30 of each year, a [State](/usc/7/198.md?p=5) or Indian Tribe desiring to receive a grant under the program shall submit to the [Secretaries](/usc/7/499a.md?p=b-2) a report describing, for the 1-year period ending on that September 30, the losses of livestock due to depredation by federally protected species occurring on— - (i) Federal, [State](/usc/7/198.md?p=5), or private land within the applicable [State](/usc/7/198.md?p=5); or - (ii) land owned by, or held in trust for the benefit of, the applicable Indian Tribe. - (B) **Allocation—** The [Secretaries](/usc/7/499a.md?p=b-2) shall allocate available funding to carry out this Act among [States](/usc/7/198.md?p=5) and Indian Tribes for a 1-year period ending on September 30 based on the losses described in the reports submitted for the previous 1-year period ending on September 30 under [subparagraph (A)](#b-2-A). - (3) **Eligibility—** To be eligible to receive a grant under [paragraph (1)](#b-1), a [State](/usc/7/198.md?p=5) or Indian Tribe shall— - (A) designate an appropriate agency of the [State](/usc/7/198.md?p=5) or Indian Tribe to administer the 1 or more programs supplemented by the grant funds; - (B) establish 1 or more accounts to receive grant funds; - (C) maintain files of all claims received and paid under grant-funded programs, including supporting documentation; and - (D) submit to the [Secretaries](/usc/7/499a.md?p=b-2)— - (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 [Secretaries](/usc/7/499a.md?p=b-2) may require to assist the [Secretaries](/usc/7/499a.md?p=b-2) in determining the effectiveness of assisted activities under this section. - (c) **Sense of Congress—** It is the sense of Congress that— - (1) no [State](/usc/7/198.md?p=5) or Indian Tribe is required to participate in the program; and - (2) the program supplements, and does not replace or supplant, any [State](/usc/7/198.md?p=5) compensation programs for depredation. - (d) **Authorization of appropriations—** There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2021 through 2030, of which— - (1) $5,000,000 shall be used to provide grants for the purposes described in [subsection (b)(1)(A)](#b-1-A); and - (2) $10,000,000 shall be used to provide grants for the purpose described in [subsection (b)(1)(B)](#b-1-B). ## Source credit (Pub. L. 116–188, title I, § 102, Oct. 30, 2020, 134 Stat. 908; Pub. L. 118–198, title I, § 101, Dec. 23, 2024, 138 Stat. 2678.) ## Notes ### Editorial Notes ### References in Text The Act of June 8, 1940 (commonly known as the “Bald and Golden Eagle Protection Act”), referred to in subsec. (a)(2)(A), is act June 8, 1940, ch. 278, 54 Stat. 250, which is classified generally to subchapter II of chapter 5A (§668 et seq.) of Title 16, Conservation. The Act is also commonly known as the Bald Eagle Protection Act. For complete classification of this Act to the Code, see Tables. The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), referred to in subsec. (a)(2)(B), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables. The Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), referred to in subsec. (a)(2)(C), is act July 3, 1918, ch. 128, 40 Stat. 755, which is classified generally to subchapter II (§ 703 et seq.) of chapter 7 of Title 16, Conservation. For complete classification of this Act to the Code, see section 710 of Title 16 and Tables. This Act, referred to in subsec. (b)(2)(B), is Pub. L. 116–188, Oct. 30, 2020, 134 Stat. 905, known as the America’s Conservation Enhancement Act. For complete classification of this Act to the Code, see Short Title note set out under section 8201 of Title 16, Conservation, and Tables. ### Amendments 2024—Subsec. (d). Pub. L. 118–198 substituted “2030” for “2025” in introductory provisions.