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ENDANGERED SPECIES COMPENSATION PILOT

PROGRAM

SEPTEMBER 13, 1976.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mrs. SULLIVAN, from the Committee on Merchant Marine and
Fisheries, submitted the following

REPORT

[Including cost estimate of the Congressional Budget Office]

[To accompany H.R. 14418]

The Committee on Merchant Marine and Fisheries, to whom was referred the bill (H.R. 14418) to establish a pilot program to compensate persons who suffer loss or damage from predation by endangered species, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

Strike all after the enacting clause and insert in lieu thereof the following:

That (a) the Congress finds that the protection intended to be afforded to endangered and threatened, species of wildlife under the Endangered Species Act of 1973 is not as effective as it should be because that Act does not provide for the compensation of persons for loss or damage suffered by them as a result of predation by endangered and threatened species. The Congress further finds that it was not the intent of such Act of 1973 to place the financial burden of protecting endangered and threatened species on farmers, ranchers, and other persons who suffer such loss or damage.

(b) It is the purpose of this Act to establish a limited pilot program in order to test the feasibility of, and to develop equitable and efficient methods for, compensating persons who are adversely affected by predation by endangered and threatened species. The costs of the pilot program, which will be limited to predation by the eastern timber wolf (which is currently listed by the Department of the Interior as an endangered species) in the State of Minnesota, will be shared by the Federal Government and such State.

SEC. 2. (a) The Secretary of the Interior (hereinafter in this Act referred to as the "Secretary") in cooperation with, and with the assistance of, the Governor of the State of Minnesota (hereinafter in this Act referred to as the "Governor"), or an official designated by the Governor, shall establish a program under which financial compensation may be paid to any person for any loss of, or injury to, any livestock or pet which is owned by such person if the Secretary finds that such loss or injury occurred in the State of Minnesota and was directly caused by a wild eastern timber wolf during any time in which the wild eastern timber

wolf was listed as an endangered species or a threatened species pursuant Endangered Species Act of 1973 (hereinafter in this Act referred to as the of 1973"). Such program shall, to the maximum extent practicable, be cons with the requirements of section 6 of the Act of 1973.

(b) (1) Any person who seeks compensation under this section shall therefor in such a manner and form as the Secretary, after consultation wi Governor or his designate, shall by regulation prescribe.

(2) The Secretary shall not take any action with respect to any appli made under paragraph (1) unless the applicant submits to the Secretary(1) such evidence as the Secretary may require which substantiat claim that the loss or injury was caused by a wild eastern timber wolf (2) an itemization of the number and kinds of animals that were or injured; and

(3) such other relevant information as the Secretary may require. (c) No compensation for any loss or injury shall be made under this s until the Secretary, after conducting an appropriate investigation, is sa that the facts submitted by the applicant therefor are accurate and substa the loss or injury as having been caused by a wild eastern timber wolf. (d) Compensation shall not be paid under this section for any loss or unless

(1) the Secretary is notified of the loss or injury within twenty-four after discovery of such loss or injury is first made; and

(2) application for such compensation is made before the close of th day after the date of such discovery.

(e) (1) The amount of the compensation paid to any person under this shall

(A) if the animal was killed, be equal to the fair market value livestock or pet on the day before the date of death; or

(B) if the animal was injured, not exceed the medical expenses in by the owner in restoring the livestock or pet to health, or the fair i value of the animal as of the day before the date of the injury, whi is less.

(2) Compensation shall not be made under this section for any loss or to any livestock or pet occurring before October 1, 1977, or after Septem 1981.

(3) The Federal share of any compensation paid under this section person by reason of loss or damage caused by a wild eastern timber wo not exceed

(A) 90 per centum of the amount of such compensation caused whi species is listed as an endangered species pursuant to the Act of 1 (B) 70 per centum of the amount of such compensation caused whi species was listed as a threatened species pursuant to the Act of 19 (f) The Secretary, after consultation with the Governor or his des shall prescribe such regulations as may be necessary to carry out the p of this section.

(g) (1) The Secretary shall submit to the Congress in November of each report on the current status of the compensation program authorized section. The first such report shall cover the period beginning on the the enactment of this Act and ending September 30, 1978.

(2) The report required by paragraph (1) of this subsection shall incl not be limited to, an itemization of the kinds of animals lost or inju number of applications for compensation received, pending, granted, nied, the reasons for denial of any applications for compensation, the am funds distributed as compensation, and the funds and manpower, both and State, utilized in administering and operating the experimental proj (h) Until September 30, 1982, there are authorized to be appropriated exceed $600,000 to carry out the provisions of this section.

SEC. 3. (a) The Secretary shall undertake a comprehensive study of al tory and depredating endangered and threatened species for the purpos termining the type and extent of damage caused by such species, an methods should be implemented to reduce, eliminate, or mitigate for d caused by such species.

(b) The study required by this section shall include, but is not limite termination of the economic values of such damage to property, agri crops, livestock, and pets caused by the wild eastern timber wolf, ana

H.R. 15

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