To authorize the Secretary of Agriculture to enter into cooperative agreements with States 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, and for other purposes.

Summary: Early Pest Detection and Surveillance Improvement Act - Authorizes the Secretary of Agriculture to enter into a cooperative agreement with any state department of agriculture that agrees to conduct early plant pest detection surveillance activities, including inspection and surveillance of domestic plant shipments between a state and other states.

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 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.--The Secretary of 
Agriculture shall enter into a cooperative agreement with each 
department of agriculture that agrees to conduct early pest detection 
surveillance activities in accordance with guidelines established under 
the Cooperative Agricultural Pest Survey. 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) 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) Base Funds Under Agreements.--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. If the funds 
available for a fiscal year are insufficient to provide the full amount 
specified in this subsection, 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) Additional Funds; Special Considerations.--After the 
application of subsection (e), the Secretary shall distribute the 
remainder of the funds appropriated to carry out this section, if any, 
to departments of agriculture of States that are recognized as high-
risk sentinel States for one or more pest, based on the following 
factors:
            (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, such that its 
        location would be conducive to agricultural pest and disease 
        establishment due to both the State's climate and its crop 
        diversity.
            (4) The State has received an emergency declaration, as 
        authorized by section 442 of the Plant Protection Act (7 U.S.C. 
        7772), due to an agricultural pest or disease of Federal 
        concern.
            (5) Such other factors as the Secretary determines to be 
        appropriate.
    (g) Use of Funds.--
            (1) Pest detection and surveillance activities.--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.
            (2) Subagreements.--Nothing in this section is intended to 
        prevent 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) Treatment of funds.--Funds provided under subsection 
        (e) or (f) are intended for implementation purposes, and it is 
        expected that administrative or overhead costs will be limited 
        in a manner to achieve this purpose.
            (4) Relationship to other funds and programs.--Funds 
        provided under subsection (e) or (f) 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.
    (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) No Effect on PILT Payments.--The 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.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary for each of 
the fiscal years 2008 through 2012 to carry out this section. Not more 
than five percent of the funds appropriated pursuant to this 
authorization of appropriations for a fiscal year may be used by the 
Secretary for administrative costs.