12 2 STA T . 1 340PUBLIC LA W 110 – 234 —M A Y 22 , 200 8agricult ur e t h at agree s t o co nd uct earl yp lant pest detection and sur v eillance activities .‘ ‘ (2)CONSULTA T I ON. —I n carrying out this su b section , the S ecretary shall consult w ith— ‘‘( A ) the N ational P lant B oard
and ‘‘(B) other interested parties. ‘‘( 3 ) FED E R AL AD V ISOR YC O M MITTEE ACT.— T he Federal Advisory Co m mittee Act ( 5U .S.C. App.) shall not apply to consultations under this subsection. ‘‘( 4 )A P PLICATION.— ‘‘(A) IN G ENERAL.—A State department o f agriculture see k ing to enter into a cooperative agreement under this subsection shall submit to the Secretary an application containing such information as the Secretary may re q uire. ‘‘(B) NOTI F ICATION.—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 ACTIVI - TIES.—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. ‘‘(B) SU B AGREEMENTS.—Nothing in this subsection pre- vents 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 dis- ease surveillance. ‘‘(C) NON-FEDERAL S H ARE.—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. ‘‘( D ) ABILITY TO PROVIDE FUNDS.—The Secretary shall not take the ability to provide non-Federal costs to carry out a cooperative agreement entered into under subpara- graph (A) into consideration when deciding whether to enter into a cooperative agreement with a State department of agriculture. ‘‘( 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—
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