Oversight of national aquatic animal health plan

(a)

Definitions

In this section: (1)

Advisory committee

The term advisory committee means the General Advisory Committee for Oversight of National Aquatic Animal Health established under subsection (b)(1). (2)

Plan

The term plan means the national aquatic animal health plan developed by the National Aquatic Animal Health Task Force, composed of representatives of the Department of Agriculture, the Department of Commerce (including the National Oceanic and Atmospheric Administration), and the Department of the Interior (including the United States Fish and Wildlife Service). (3)

Secretary

The term Secretary means the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service. (b)

General Advisory Committee for Oversight of National Aquatic Animal Health

(1)

Establishment

Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with States and the private sector, shall establish an advisory committee, to be known as the General Advisory Committee for Oversight of National Aquatic Animal Health. (2)

Membership

(A)

Composition

The advisory committee shall— (i)be composed equally of representatives of— (I)State and tribal governments; and (II)commercial aquaculture interests; and (ii)consist of not more than 20 members, to be appointed by the Secretary, of whom— (I)not less than 3 shall be representatives of Federal departments or agencies; (II)not less than 6 shall be representatives of State or tribal governments that elect to participate in the plan under subsection (d); (III)not less than 6 shall be representatives of affected commercial aquaculture interests; and (IV)not less than 2 shall be aquatic animal health experts, as determined by the Secretary. (B)

Nominations

The Secretary shall publish in the Federal Register a solicitation for, and may accept, nominations for members of the advisory committee from appropriate entities, as determined by the Secretary. (c)

Recommendations

(1)

In general

Not later than 18 months after the date of enactment of this Act, the advisory committee shall develop and submit to the Secretary recommendations regarding— (A)the establishment and membership of appropriate expert and representative commissions to efficiently implement and administer the plan; (B)disease- and species-specific best management practices relating to activities carried out under the plan; and (C)the establishment and administration of the indemnification fund under subsection (e). (2)

Factors for consideration

In developing recommendations under paragraph (1), the advisory committee shall take into consideration all emergency aquaculture-related projects that have been or are being carried out under the plan as of the date of submission of the recommendations. (d)

Participation by State and tribal governments and private sector

(1)

In general

Any State or tribal government, and any entity in the private sector, may elect to participate in the plan. (2)

Duties

On election by a State or tribal government or entity in the private sector to participate in the plan under paragraph (1), the State or tribal government or entity shall— (A)submit to the Secretary— (i)a notification of the election; and (ii)nominations for members of the advisory committee, as appropriate; and (B)as a condition of participation, enter into an agreement with the Secretary under which the State or tribal government or entity— (i)assumes responsibility for a portion of the non-Federal share of the costs of carrying out the plan, as described in paragraph (3); and (ii)agrees to act in accordance with applicable disease- and species-specific best management practices relating to activities carried out under the plan by the State or tribal government or entity, as the Secretary determines to be appropriate. (3)

Non-Federal share

(A)

In general

Subject to subparagraph (B), the non-Federal share of the cost of carrying out the plan— (i)shall be determined— (I)by the Secretary, in consultation with the advisory committee; and (II)on a case-by-case basis for each project carried out under the plan; and (ii)may be provided by State and tribal governments and entities in the private sector in cash or in-kind. (B)

Deposits into indemnification fund

The non-Federal share of amounts in the indemnification fund under subsection (e) provided by each State or tribal government or entity in the private sector shall be— (i)zero with respect to the initial deposit into the fund; and (ii)determined on a case-by-case basis for each project carried out under the plan. (e)

Indemnification fund

(1)

Establishment

The Secretary, in consultation with the advisory committee, shall establish a fund, to be known as the indemnification fund, consisting of— (A)such amounts as are initially deposited into the fund by the Secretary under subsection (g)(1); and (B)such amounts as are deposited into the fund by the Secretary, State and tribal governments, and entities in the private sector for specific activities under the plan. (2)

Uses

The Secretary shall use amounts in the indemnification fund only to compensate aquatic farmers— (A)the entire inventory of livestock or agricultural products of which is eradicated as a result of a disease control or eradication measure carried out under the plan; or (B)for the cost of disinfecting and cleaning products or equipment in response to a depopulation order carried out under the plan. (3)

Unused amounts

Amounts remaining in the indemnification fund on September 30 of the fiscal year for which the amounts were appropriated— (A)shall remain in the fund; (B)may be used in any subsequent fiscal year in accordance with paragraph (2); and (C)shall not be reprogrammed by the Secretary for any other use. (f)

Review

Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the advisory committee, shall review, and submit to Congress a report regarding— (1)activities carried out under the plan during the preceding 2 years; (2)activities carried out by the advisory committee; and (3)recommendations for funding for subsequent fiscal years to carry out this section. (g)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2008 and 2009, of which— (1)not less than 50 percent shall be deposited into the indemnification fund established under subsection (e) for use in accordance with that subsection; and (2)not more than 50 percent shall be used for the costs of carrying out the plan, including the costs of— (A)administration of the plan; (B)implementation of the plan; (C)training and laboratory testing; (D)cleaning and disinfection associated with depopulation orders; and (E)public education and outreach activities.