1.This Act may be cited as the
Early Plant Pest Detection and
Surveillance Improvement Act
.
2.Support for commodity inspection efforts to
prevent introduction or spread of plant pestsSubtitle B of the Plant Protection Act (7
U.S.C. 7731 et seq.) is amended by adding at the end the following:
427.Support for commodity inspection efforts to
prevent introduction or spread of plant pests
(a)In this section:
(1)Department of agricultureThe term department of
agriculture
means an agency of a State that has a legal responsibility
to perform early plant pest detection and surveillance activities.
(2)Early plan pest detection and
surveillanceThe term
early plant pest detection and surveillance
means the full range
of activities undertaken to detect newly introduced plant pests, whether the
plant pests are new to the United States or new to certain areas of the United
States, before—
(A)the plant pests become established;
or
(B)pest infestations become too large or
costly to eradicate or control.
(b)Cooperative agreements authorized
(1)The Secretary shall enter into a
cooperative agreement with each department of agriculture that agrees to
conduct early plant pest detection surveillance activities in accordance with
guidelines established under the Cooperative Agricultural Pest Survey.
(2)The pest detection surveillance activities
of the department of agriculture of a State may include inspection and
surveillance of domestic plant shipments between that State and other
States.
(c)
(1)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.
(2)The Secretary shall notify applicants
of—
(A)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;
(B)the criteria to be used to ensure that
early plant pest detection and surveillance activities supported under the
cooperative agreement are based on knowledge, experience, and
capabilities;
(C)the means of identifying pathways of pest
introductions; amd
(D)the methods to be used to determine the
level of support for proposed early plant pest detection and surveillance
activities by private and public interests adversely affected by plant
pests.
(d)In carrying out this section, the Secretary
shall consult with the National Plant Board and the National Association of
State Departments of Agriculture.
(e)Base funds under agreements
(1)Subject to the availability of appropriated
funds to carry out this section, each State department of agriculture with
which the Secretary enters into a cooperative agreement under this section
shall receive a base level of funding of $250,000 for each of fiscal years 2008
through 2012.
(2)If the funds available for a fiscal year
are insufficient to provide the full amount required under paragraph (1), the
Secretary shall reduce the amount provided to each State as necessary so that
each State receives an equal amount of the available funds.
(f)Distribution of remaining
fundsAfter the application
of subsection (e), the Secretary shall distribute any remaining funds
appropriated to carry out this section to departments of agriculture of States
that are recognized as high-risk sentinel States for 1 or more plant pests,
based on—
(1)the number of international airports and
maritime facilities in the State;
(2)the volume of international passenger and
cargo entry into the State;
(3)the geographic location of the State,
taking into consideration whether the location of the State would be conducive
to agricultural pest and disease establishment due to both the climate and crop
diversity of the State;
(4)whether the State has received an emergency
declaration, as authorized by section 442, due to an agricultural pest or
disease of Federal concern; and
(5)such other factors as the Secretary
determines appropriate.
(g)
(1)Pest detection and surveillance
activitiesA department of
agriculture that receives funds under this section shall use the funds to carry
out early plant pest detection and surveillance activities to prevent the
introduction of a pest or facilitate the eradication of a pest.
(2)Nothing in this section prevents the
department of agriculture of a State from using funds received under subsection
(e) or (f) to enter into subagreements with political subdivisions in the State
that have legal responsibilities relating to agricultural pest and disease
surveillance.
(3)In carrying out this section, a department
of agriculture of a State shall use funds provided under subsection (e) or (f)
in a manner that—
(A)maximizes the use of the funds to carry out
activities described in paragraph (1); and
(B)minimizes the use of the funds for
administrative or overhead costs.
(4)Funds provided under subsection (e) or (f)
shall supplement (and not supplant) other funding available to a department of
agriculture to perform early plant pest detection and surveillance
activities.
(h)Not later than 180 days after the date of
completion of an early plant 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)No effect on PILT paymentsThe receipt of funds by the 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.
(j)Authorization of appropriations
(1)There are authorized to be appropriated to
the Secretary to carry out this section such sums as are necessary for each of
fiscal years 2008 through 2012.
(2)Limitation on administrative
costsNot more than 5 percent
of the funds appropriated for a fiscal year under paragraph (1) may be used by
the Secretary for administrative costs of carrying out this
section.
.