7 U.S.C. § 7721 — Plant pest and disease management and disaster prevention
submitted 18 years ago by Pub. L. 106-224 to r/title-7-AGRICULTURE · 1,420 words · no verdicts yet
This section creates programs for early pest detection, threat assessment, specialty-crop risk management, and clean plant materials. It assigns duties, reporting requirements, funding amounts, and an indirect-cost limit.
(a) Definitions. (1) “Early plant pest* detection and surveillance” means all activities to find newly introduced pests, whether new to the United States or a particular area, before they become established or infestations become too large and costly to eradicate or control. (2) “Specialty crop” has the meaning in section 3 of the Specialty Crops Competitiveness Act of 2004. (3) “State* department of agriculture” means a State agency legally responsible for early pest detection and surveillance. This section does not define the quoted “specialty crop” term.
(b) Early detection program. (1) The Secretary* must enter* a cooperative agreement with each State agriculture department that agrees to perform early detection and surveillance. (2) The Secretary must consult the National Plant* Board and other interested parties. (3) Title 5, chapter 10, does not apply to these consultations. (4) A department applying must provide information the Secretary requires. The Secretary must tell applicants the audit and reporting requirements, the sound-science or thorough-risk-assessment criteria, and how pest-introduction pathways will be identified. (5) A recipient must use funds for Secretary-approved early detection and surveillance to prevent introduction or spread. It may make subagreements with State political subdivisions legally responsible for agricultural pest and disease surveillance. The non-Federal share may be in kind, including appropriate indirect costs. The Secretary may not consider the department’s ability to provide the non-Federal share when deciding whether to enter an agreement. (6) The Secretary must fund a department if its State has high risk, considering international ports, passenger and cargo volume, geography and agricultural conditions, and whether the Secretary considers a pest or disease a Federal concern, and if the activities likely prevent introduction and establishment and complement Federal detection comprehensively. (7) Within 90 days after completing a funded activity, the department must report its purposes and results.
(c) Threat program. (1) The Secretary must establish a program to identify and address threats to domestic crop production. (2) The Secretary must develop foreign-source risk assessments, collaborate with the National Plant Board, and implement action plans for high-consequence pests and diseases. (3) Within one year after enactment of this paragraph and annually thereafter, the Secretary must report to the House and Senate agriculture committees on those plans, including money spent.
(d) Specialty crops. The Secretary must give money and technical help to specialty-crop growers, their organizations, and State and local agencies working with them to develop and implement (1) audit-based certification systems, including best practices, addressing pests and reducing pest risks in plant and plant-product movement*; and (2) nursery risk-management systems, with industry, research institutions, and others, to identify and prioritize regulatory pests and diseases, prevent their introduction, establishment, and spread, and reduce and mitigate their risks.
(e) National Clean Plant Network. (1) The Secretary must establish this program. (2) It must create clean-plant centers providing diagnosis and pathogen elimination, producing clean propagative material and maintaining pathogen-tested blocks throughout the United States. (3) Clean source material may be provided to a State certified-plant program and private nurseries and producers. (4) The Secretary must consult State agriculture departments, land-grant colleges and universities, and NLGCA Institutions, and when practicable use existing Federal or State facilities with appropriate State and industry input. (5) $5 million is authorized for fiscal year 2013.
(f) Funding. From Commodity Credit Corporation funds, the Secretary must make available: $12 million for 2009; $45 million for 2010; $50 million for 2011; $50 million for 2012; $62.5 million for each year 2014–2017; $75 million for each year 2018–2025; and $90 million for 2026 and each year after.
(g) Clean-plant minimum. At least $5 million of each fiscal year’s subsection (f) funds must be available for the Network.
(h) Indirect-cost limit. Indirect costs charged to a cooperative agreement cannot exceed the lesser of 15 percent of the total Federal funds, as the Secretary determines, or the recipient’s otherwise legally established indirect-cost rate.
In this section:
The term “early plant* pest detection and surveillance” means the full range of activities undertaken 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—
the plant pests become established; or
the plant pest infestations become too large and costly to eradicate or control.
The term “specialty crop” has the meaning given the term in section 3 of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 108–465).
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.
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.
In carrying out this subsection, the Secretary shall consult with—
the National Plant Board; and
other interested parties.
Chapter 10 of title 5 shall not apply to consultations under this subsection.
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.
The Secretary shall notify applicants of—
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;
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
the means of identifying pathways of pest introductions.
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.
Nothing in this subsection prevents 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 disease surveillance.
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.
The Secretary shall not take the ability to provide non-Federal costs to carry out a cooperative agreement entered into under subparagraph (A) into consideration when deciding whether to enter into a cooperative agreement with a State department of agriculture.
The Secretary shall provide funds to a State department of agriculture if the Secretary determines that—
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—
the number of international ports of entry* in the State;
the volume of international passenger and cargo entry into the State;
the geographic location of the State and if the location or types of agricultural commodities produced in the State are conducive to agricultural pest and disease establishment due to the climate, crop diversity, or natural resources (including unique plant species) of the State; and
whether the Secretary has determined that an agricultural pest or disease in the State is a Federal concern; and
the early plant pest detection and surveillance activities supported with the funds will likely—
prevent the introduction and establishment of plant pests; and
provide a comprehensive approach to compliment Federal detection efforts.
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 department of agriculture shall submit to the Secretary a report that describes the purposes and results of the activities.
The Secretary shall establish a threat identification and mitigation program to determine and address threats to the domestic production of crops.
In conducting the program established under paragraph (1), the Secretary shall—
develop risk assessments of the potential threat to the agricultural industry of the United States from foreign sources;
collaborate with the National Plant Board; and
implement action plans for high consequence plant pest and diseases to assist in preventing the introduction and widespread dissemination of new plant pest and disease threats in the United States.
Not later than 1 year after the date of enactment of this paragraph, and annually thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the action plans described in paragraph (2), including an accounting of funds expended on the action plans.
The Secretary shall provide funds and technical assistance to specialty crop growers, organizations representing specialty crop growers, and State and local agencies working with specialty crop growers and organizations for the development and implementation of—
audit-based certification systems, such as best management practices—
to address plant pests; and
to mitigate the risk of plant pests in the movement* of plants and plant products; and
nursery plant pest risk management systems, in collaboration with the nursery industry, research institutions, and other appropriate entities—
to enable growers to identify and prioritize nursery plant pests and diseases of regulatory significance;
to prevent the introduction, establishment, and spread of those plant pests and diseases; and
to reduce the risk of and mitigate those plant pests and diseases.
The Secretary shall establish a program to be known as the “National Clean Plant Network” (referred to in this subsection as the “Program”).
Under the Program, the Secretary shall establish a network of clean plant centers for diagnostic and pathogen elimination services—
to produce clean propagative plant material; and
to maintain blocks of pathogen-tested plant material in sites located throughout the United States.
Clean plant source material may be made available to—
a State for a certified plant program of the State; and
private nurseries and producers.
In carrying out the Program, the Secretary shall—
consult with—
State departments of agriculture; and
land-grant colleges and universities and NLGCA Institutions (as those terms are defined in section 3103 of this title); and
to the extent practicable and with input from the appropriate State officials and industry representatives, use existing Federal or State facilities to serve as clean plant centers.
There is authorized to be appropriated to carry out the Program $5,000,000 for fiscal year 2013.
Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section—
$12,000,000 for fiscal year 2009;
$45,000,000 for fiscal year 2010;
$50,000,000 for fiscal year 2011;
$50,000,000 for fiscal year 2012;
$62,500,000 for each of fiscal years 2014 through 2017;
$75,000,000 for each of fiscal years 2018 through 2025; and
$90,000,000 for fiscal year 2026 and each fiscal year thereafter.
Of the funds made available under subsection (f) to carry out this section for a fiscal year, not less than $5,000,000 shall be available to carry out the National Clean Plant Network under subsection (e).
Indirect costs charged against a cooperative agreement under this section shall not exceed the lesser of—
15 percent of the total Federal funds provided under the cooperative agreement, as determined by the Secretary; and
the indirect cost rate applicable to the recipient as otherwise established by law.
Source credit: (Pub. L. 106–224, title IV, § 420, as added Pub. L. 110–234, title X, § 10201(a), May 22, 2008, 122 Stat. 1339, and Pub. L. 110–246, § 4(a), title X, § 10201(a), June 18, 2008, 122 Stat. 1664, 2101; Pub. L. 113–79, title X, § 10007(a), (b), (d), Feb. 7, 2014, 128 Stat. 947, 948; Pub. L. 117–286, § 4(a)(40), Dec. 27, 2022, 136 Stat. 4309; Pub. L. 119–21, title I, § 10606(a), July 4, 2025, 139 Stat. 110.)
- 2008Enacted · Pub. L. 106-224 · 122 Stat. 1339
- 2014Amended · Pub. L. 113-79 · 128 Stat. 947, 948
- 2022Amended · Pub. L. 117-286 · 136 Stat. 4309
- 2025Amended · Pub. L. 119-21 · 139 Stat. 110
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-224 on 2008-05-22.
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