§ 7721.
Plant pest and disease management and disaster prevention
(a)
Definitions
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—
(A)
the plant pests become established; or
(B)
the plant pest infestations become too large and costly to eradicate or control.
(3)
State department of agriculture
(b)
Early plant pest detection and surveillance improvement program
(1)
Cooperative agreements
(2)
Consultation
In carrying out this subsection, the Secretary shall consult with—
(A)
the National Plant Board; and
(B)
other interested parties.
(3)
Chapter 10 of title 5
(4)
Application
(B)
Notification
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
(iii)
the means of identifying pathways of pest introductions.
(5)
Use of funds
(A)
Plant pest detection and surveillance activities
(D)
Ability to provide funds
(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—
(i)
the number of international ports of entry in the State;
(ii)
the volume of international passenger and cargo entry into the State;
(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
(iv)
whether the Secretary has determined that an agricultural pest or disease in the State is a Federal concern; and
(B)
the early plant pest detection and surveillance activities supported with the funds will likely—
(i)
prevent the introduction and establishment of plant pests; and
(ii)
provide a comprehensive approach to compliment Federal detection efforts.
(7)
Reporting requirement
(c)
Threat identification and mitigation program
(2)
Requirements
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;
(B)
collaborate with the National Plant Board; and
(C)
implement action plans for high consequence plant pest and diseases to assist in preventing the introduction and widespread dissemination of new plant pest and disease threats in the United States.
(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—
(A)
to address plant pests; and
(B)
to mitigate the risk of plant pests in the movement of plants and plant products; and
(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;
(B)
to prevent the introduction, establishment, and spread of those plant pests and diseases; and
(C)
to reduce the risk of and mitigate those plant pests and diseases.
(e)
National Clean Plant Network
(2)
Requirements
Under the Program, the Secretary shall establish a network of clean plant centers for diagnostic and pathogen elimination services—
(A)
to produce clean propagative plant material; and
(B)
to maintain blocks of pathogen-tested plant material in sites located throughout the United States.
(3)
Availability of clean plant source material
Clean plant source material may be made available to—
(A)
a State for a certified plant program of the State; and
(B)
private nurseries and producers.
(4)
Consultation and collaboration
In carrying out the Program, the Secretary shall—
(A)
consult with—
(i)
State departments of agriculture; and
(B)
to the extent practicable and with input from the appropriate State officials and industry representatives, use existing Federal or State facilities to serve as clean plant centers.
(5)
Funding for fiscal year 2013
(f)
Funding
Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section—
(1)
$12,000,000 for fiscal year 2009;
(2)
$45,000,000 for fiscal year 2010;
(3)
$50,000,000 for fiscal year 2011;
(4)
$50,000,000 for fiscal year 2012;
(5)
$62,500,000 for each of fiscal years 2014 through 2017; and
(6)
$75,000,000 for fiscal year 2018 and each fiscal year thereafter.
(g)
Use of funds for clean plant network
(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
(2)
the indirect cost rate applicable to the recipient as otherwise established by law.
([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; [Pub. L. 117–286, § 4(a)(40)], Dec. 27, 2022, [136 Stat. 4309].)