[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4049 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4049

  To authorize the Secretary of Agriculture to enter into cooperative 
agreements with State and local governments to augment their efforts to 
 conduct early detection and surveillance to prevent the establishment 
 or spread of plant pests that endanger agriculture, the environment, 
                 and the economy of the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2005

 Mr. Pombo (for himself, Mr. Costa, Mr. Cardoza, Mr. Case, Mr. Nunes, 
 Mr. Baca, Mr. Herger, Mr. Farr, Mr. Radanovich, Mr. Boyd, and Ms. Zoe 
    Lofgren of California) introduced the following bill; which was 
                referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
  To authorize the Secretary of Agriculture to enter into cooperative 
agreements with State and local governments to augment their efforts to 
 conduct early detection and surveillance to prevent the establishment 
 or spread of plant pests that endanger agriculture, the environment, 
                 and the economy of the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Early Pest Detection and 
Surveillance Improvement Act''.

SEC. 2. SUPPORT FOR COMMODITY INSPECTION EFFORTS TO PREVENT 
              INTRODUCTION OR SPREAD OF PESTS.

    (a) Definitions.--In this section:
            (1) Department of agriculture.--The term ``department of 
        agriculture'' means an agency of a State or political 
        subdivision of a State that has a legal responsibility to 
        perform early pest detection and surveillance activities.
            (2) Early pest detection and surveillance.--The term 
        ``early pest detection and surveillance'' means the full range 
        of activities undertaken to find newly introduced pests, 
        whether new to the United States or new to certain areas of the 
        United States, before the pests become established, or before 
        pest infestations become too large and costly to eradicate or 
        control.
            (3) Pest.--The term ``pest'' has the meaning given the term 
        ``plant pest'' in section 403(14) of the Plant Protection Act 
        (7 U.S.C. 7702(14)).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (5) State.--The term ``State'' means--
                    (A) each of the several States;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands;
                    (G) the Federated States of Micronesia;
                    (H) the Republic of the Marshall Islands;
                    (I) the Republic of Palau; and
                    (J) the United States Virgin Islands.
    (b) Cooperative Agreements Authorized.--Subject to the availability 
of appropriated funds to carry out this section, the Secretary of 
Agriculture may enter into a cooperative agreement with a department of 
agriculture for the purpose of assisting early pest detection and 
surveillance efforts by the department of agriculture through an array 
of methods, including survey, pest trapping, sampling or surveillance 
of domestic shipments, specimen collection, and modeling and mapping of 
pest populations.
    (c) Application.--A department of agriculture seeking to enter into 
a cooperative agreement under this section shall submit an application 
to the Secretary containing such information as the Secretary may 
require. The Secretary shall notify applicants of the following:
            (1) The requirements to be imposed on a department of 
        agriculture for auditing of, and reporting on, the use of any 
        funds provided by the Secretary under the cooperative 
        agreement.
            (2) The criteria to be used to ensure that early pest 
        detection and surveillance activities supported under the 
        cooperative agreement are based on knowledge, experience, and 
        capabilities.
            (3) The means of identifying pathways of pest 
        introductions.
            (4) The methods to be used to determine the level of 
        support for proposed early pest detection and surveillance 
        activities by private and public interests adversely affected 
        by pests.
    (d) Consultation.--The Secretary will consult with the National 
Plant Board and the National Association of State Departments of 
Agriculture in carrying out this section.
    (e) Special Considerations.--In determining whether to enter into a 
cooperative agreement with a department of agriculture under this 
section, and the amount of any funds to be provided under the 
agreement, the Secretary shall consider the following factors:
            (1) The potential economic risk to the people, plants, 
        livestock, property, economy, and environment of the State due 
        to the introduction of a pest.
            (2) The likelihood that the early pest detection and 
        surveillance activity to be supported will prevent the 
        introduction of a pest or facilitate the eradication of a pest.
            (3) The extent to which the funds provided under the 
        agreement will be used to leverage non-Federal funds.
            (4) The extent to which departments of agriculture in the 
        State are conducting early pest detection and surveillance 
        activities to prevent the introduction of pests or facilitate 
        the eradication of a pest.
            (5) The extent to which the early pest detection and 
        surveillance activity would provide a comprehensive approach 
        that would compliment Federal exclusion activities.
            (6) Such other factors as the Secretary determines to be 
        appropriate.
    (f) Use of Funds.--A department of agriculture that receives funds 
under this section shall use the funds to carry out early pest 
detection and surveillance activities to prevent the introduction of a 
pest or facilitate the eradication of a pest. These funds are intended 
to augment the funds otherwise available to a department of agriculture 
to perform early pest detection and surveillance activities, and not to 
replace such funds.
    (g) Cost-Sharing Requirements.--
            (1) Federal cost share.--Except as provided in paragraph 
        (3), the Federal share of the cost of carrying out an 
        authorized early pest detection and surveillance activity under 
        this section shall not exceed 50 percent.
            (2) Form of non-federal cost share.--The non-Federal share 
        of the cost of carrying out an authorized early pest detection 
        and surveillance activity may be provided in cash or in kind.
            (3) Exception.--Paragraph (1) shall not apply to a early 
        pest detection and surveillance activity in any case which--
                    (A) the Secretary establishes criteria that would 
                apply in any situation in which, with respect to an 
                early pest detection and surveillance activity, a 
                Federal share of greater than 50 percent is necessary 
                to meet the needs of an underserved area or to address 
                a critical need that cannot be addressed by other 
                means; and
                    (B) the activity meets those criteria, as 
                determined by the Secretary.
    (h) Reporting Requirement.--Not later than 180 days after the date 
of completion of an early pest detection and surveillance activity 
conducted by a department of agriculture using funds provided under 
this section, the department of agriculture shall submit to the 
Secretary a report that describes the purposes and results of the 
activities.
    (i) Relationship to Other Programs.--Funds made available under 
this section are intended to supplement, and not replace, assistance 
made available to departments of agriculture under other laws to 
support early pest detection and surveillance activities.
    (j) No Effect on PILT Payments.--The receipt of a funds by any 
department of agriculture of a State under this section shall have no 
effect on the amount of any payment received by the State under chapter 
69 of title 31, United States Code.
    (k) Authorization of Appropriations.-- There are authorized to be 
appropriated to the Secretary such sums as may be necessary for each of 
the fiscal years 2006 through 2010 to carry out this section. Not more 
than five percent of the funds made available for a fiscal year may be 
used by the Secretary for administrative costs.
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