12 2 STA T . 21 0 1 PUBLIC LA W 110 – 2 46—J U NE 1 8, 2008 ‘ ‘ (3)$5 5 ,0 00,000 foreach off is ca ly ears 2 0 1 0 t hro ug h 2012 .’ ’. Subti t leB—P e s t andD isease M ana g e m ent SEC.102 01. PLANT PEST AN D D I SEASE M ANA G EMENT AND DISASTE R PRE V ENTI O N. (a) INGE NE RAL . —S u b title A of the P la n t Protection Act ( 7U .S. C . 7711etse q .)isa m en d ed by adding at the end the follo w ing
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‘SEC. 4 20. PLANT PEST AND DISEASE MANAGEMENT AND DISASTER PREVENTION. ‘‘(a) D E FI NI T I O N S .—In this section: ‘‘(1) E ARL YP LANT PEST D ETE C TION AND S U R V EILLANCE.— T he term ‘early p lant pest detection and sur v eillance’ means the full range of activities underta k en 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. ‘‘(2) SPECIALTY CROP.—The term ‘specialty crop’ has the meaning given the term in section 3 of the Specialty Crops Competitiveness Act of 200 4 (7 U.S.C. 1 6 21 note; Public L aw 10 8– 465). ‘‘(3) STATE DEPART M ENTOFA G RICULTURE.—The term ‘State department of agriculture’ means an agency of a State that has a legal responsibility to perform early plant pest detection and surveillance activities. ‘‘(b) EARLY PLANT PEST DETECTION AND SURVEILLANCE IMPROVEMENT PROGRAM.— ‘‘(1) COOPERATIVE AGREEMENTS.—The Secretary shall enter into a cooperative agreement with each State department of agriculture that agrees to conduct early plant pest detection and surveillance activities. ‘‘(2) CONSULTATION.—In carrying out this subsection, the Secretary shall consult with— ‘‘(A) the N ational Plant Board; and ‘‘(B) other interested parties. ‘‘(3) F EDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to consultations under this subsection. ‘‘(4) APPLICATION.— ‘‘(A) IN GENERAL.—A State department of agriculture seeking to enter into a cooperative agreement under this subsection shall submit to the Secretary an application containing such information as the Secretary may require. ‘‘(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 7USC 77 21.
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