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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.
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.