Early Pest Detection and Surveillance Improvement Act - Authorizes the Secretary of Agriculture to enter into a cooperative agreement with any state department of agriculture for assisting early pest (plant pest) detection and surveillance efforts by such department through an array of methods, including survey, pest trapping, sampling or surveillance of domestic shipments, specimen collection, and modeling and mapping of pest populations.
Requires the Secretary, in determining whether to enter into such an agreement, to consider specified factors, including: (1) the potential economic risk to the state's people, plants, livestock, property, economy, and environment due to the introduction of a pest; and (2) the likelihood that the early pest detection and surveillance activity will prevent the introduction or facilitate the eradication of a pest.
[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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
Executive Comment Requested from USDA.
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