12 2 STA T . 21 0 2 PUBLIC LA W 110 – 2 46—J U NE 1 8, 2008 underth e co o p er a t iv ea g ree m ent are b a s ed on sound scienti f ic data or thorough ris k assessments
and ‘ ‘ ( iii ) the means of identif y ing path w ays of pest introductions . ‘‘( 5 ) USEOF F UND S. — ‘‘( A ) PLA N TP EST DETE C T I ON AND SU RV EILLANCE ACTIVI - TIES.—A S tate department of agricu l ture 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 A G REE M ENTS.— N othing 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.— T he non- F ederal 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 ) ABILIT Y 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— ‘‘(i) the number of international ports of entry in the State; ‘‘(ii) the volume of international passenger and cargo entry into the State; ‘‘(iii) the geographic location of the State and if the location or types of agricultural commodities pro- duced in the State are conducive to agricultural pest and disease establishment due to the climate, crop diversity, or natural resources (including uni q ue plant species) of the State; and ‘‘(iv) whether the Secretary has determined that an agricultural pest or disease in the State is a Federal concern ; and ‘‘(B) the early plant pest detection and surveillance activities supported with the funds will likely— ‘‘(i) prevent the introduction and establishment of plant pests; and ‘‘(ii) provide a comprehensive approach to com- pliment Federal detection efforts. ‘‘( 7 ) R EPORTING RE Q UIREMENT.—Not later than 90 days after the date of completion of an early plant pest detection and surveillance activity conducted by a State department of agriculture using funds provided under this section, the State
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