7 U.S. Code § 7721 - Plant pest and disease management and disaster prevention
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In this section:
(1) Early plant pest detection and surveillance
The term “early plant pest detection and surveillance” means the full range of activities undertaken to find newly introduced plant pests, whether the plant pests are new to the United States or new to certain areas of the United States, before—
(2) Specialty crop
(b) Early plant pest detection and surveillance improvement program
(1) Cooperative agreements
The Secretary shall enter into a cooperative agreement with each State department of agriculture that agrees to conduct early plant pest detection and surveillance activities.
In carrying out this subsection, the Secretary shall consult with—
(3) Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to consultations under this subsection.
(A) In general
A State department of agriculture seeking to enter into a cooperative agreement under this subsection shall submit to the Secretary an application containing such information as the Secretary may require.
The Secretary shall notify applicants of—
(i) the requirements to be imposed on a State department of agriculture for auditing of, and reporting on, the use of any funds provided by the Secretary under the cooperative agreement;
(ii) the criteria to be used to ensure that early pest detection and surveillance activities supported under the cooperative agreement are based on sound scientific data or thorough risk assessments; and
(5) Use of funds
(A) Plant pest detection and surveillance activities
A State department of agriculture that receives funds under this subsection shall use the funds to carry out early plant pest detection and surveillance activities approved by the Secretary to prevent the introduction or spread of a plant pest.
Nothing in this subsection prevents a State department of agriculture from using funds received under paragraph (4) to enter into subagreements with political subdivisions of the State that have legal responsibilities relating to agricultural plant pest and disease surveillance.
(C) Non-Federal share
The non-Federal share of the cost of carrying out a cooperative agreement under this section may be provided in-kind, including through provision of such indirect costs of the cooperative agreement as the Secretary considers to be appropriate.
(6) Special funding considerations
The Secretary shall provide funds to a State department of agriculture if the Secretary determines that—
(A) the State department of agriculture is in a State that has a high risk of being affected by 1 or more plant pests or diseases, taking into consideration—
(iii) the geographic location of the State and if the location or types of agricultural commodities produced in the State are conducive to agricultural pest and disease establishment due to the climate, crop diversity, or natural resources (including unique plant species) of the State; and
(7) Reporting requirement
Not later than 90 days after the date of completion of an early plant pest detection and surveillance activity conducted by a State department of agriculture using funds provided under this section, the State department of agriculture shall submit to the Secretary a report that describes the purposes and results of the activities.
(c) Threat identification and mitigation program
The Secretary shall establish a threat identification and mitigation program to determine and address threats to the domestic production of crops.
In conducting the program established under paragraph (1), the Secretary shall—
(A) develop risk assessments of the potential threat to the agricultural industry of the United States from foreign sources;
Not later than 1 year after the date of enactment of this paragraph, and annually thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the action plans described in paragraph (2), including an accounting of funds expended on the action plans.
(d) Specialty crop certification and risk management systems
The Secretary shall provide funds and technical assistance to specialty crop growers, organizations representing specialty crop growers, and State and local agencies working with specialty crop growers and organizations for the development and implementation of—
(1) audit-based certification systems, such as best management practices—
(2) nursery plant pest risk management systems, in collaboration with the nursery industry, research institutions, and other appropriate entities—
(A) to enable growers to identify and prioritize nursery plant pests and diseases of regulatory significance;
(e) National Clean Plant Network
(1) In general
The Secretary shall establish a program to be known as the “National Clean Plant Network” (referred to in this subsection as the “Program”).
Under the Program, the Secretary shall establish a network of clean plant centers for diagnostic and pathogen elimination services—
(3) Availability of clean plant source material
Clean plant source material may be made available to—
(4) Consultation and collaboration
In carrying out the Program, the Secretary shall—
(A) consult with—
(ii) land-grant colleges and universities and NLGCA Institutions (as those terms are defined in section 3103 of this title); and
Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section—
(g) Use of funds for clean plant network
Of the funds made available under subsection (f) to carry out this section for a fiscal year, not less than $5,000,000 shall be available to carry out the National Clean Plant Network under subsection (e).
(h) Limitation on indirect costs for the consolidation of plant pest and disease management and disaster prevention programs
Indirect costs charged against a cooperative agreement under this section shall not exceed the lesser of—
(1) 15 percent of the total Federal funds provided under the cooperative agreement, as determined by the Secretary; and
Source(Pub. L. 106–224, title IV, § 420, as added Pub. L. 110–234, title X, § 10201(a),May 22, 2008, 122 Stat. 1339, and Pub. L. 110–246, § 4(a), title X, § 10201(a),June 18, 2008, 122 Stat. 1664, 2101; Pub. L. 113–79, title X, § 10007(a), (b), (d),Feb. 7, 2014, 128 Stat. 947, 948.)
References in Text
The Federal Advisory Committee Act, referred to in subsec. (b)(3), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.
The date of enactment of this paragraph, referred to in subsec. (c)(3), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.
Pub. L. 110–234and Pub. L. 110–246enacted identical sections. Pub. L. 110–234was repealed by section 4(a) ofPub. L. 110–246.
2014—Subsecs. (e), (f). Pub. L. 113–79, § 10007(a), added subsec. (e) and redesignated former subsec. (e) as (f).
Subsec. (f)(3) to (6). Pub. L. 113–79, § 10007(b), struck out “and” at end of par. (3), substituted semicolon at end for “and each fiscal year thereafter.” in par. (4), and added pars. (5) and (6).
Subsecs. (g), (h). Pub. L. 113–79, § 10007(d), added subsecs. (g) and (h).