7 U.S.C. § 7751 | Cooperation

(a)

In general

The Secretary may cooperate with other Federal agencies or entities, States or political subdivisions of States, national governments, local governments of other nations, domestic or international organizations, domestic or international associations, and other persons to carry out this chapter.

(b)

Responsibility

The individual or entity cooperating with the Secretary under subsection (a) shall be responsible for—

(1)

the authority necessary to conduct the operations or take measures on all land and properties within the foreign country or State, other than those owned or controlled by the United States; and

(2)

other facilities and means as the Secretary determines necessary.

(c)

Transfer of biological control methods

The Secretary may transfer to a State, Federal agency, or other person biological control methods using biological control organisms against plant pests or noxious weeds.

(d)

Cooperation in program administration

The Secretary may cooperate with State authorities or other persons in the administration of programs for the improvement of plants, plant products, and biological control organisms.

(e)

Phytosanitary issues

The Secretary shall ensure that phytosanitary issues involving imports and exports are addressed based on sound science and consistent with applicable international agreements. To accomplish these goals, the Secretary may—

(1)

conduct direct negotiations with plant health officials or other appropriate officials of other countries;

(2)

provide technical assistance, training, and guidance to any country requesting such assistance in the development of agricultural health protection systems and import/export systems; and

(3)

maintain plant health and quarantine expertise in other countries—

(A)

to facilitate the establishment of phytosanitary systems and the resolution of phytosanitary issues;

(B)

to assist those countries with agricultural health protection activities; and

(C)

to provide general liaison on agricultural health issues with the plant health or other appropriate officials of the country.

(f)

Transfer of cooperative agreement fund

(1)

In general

A State may provide to a unit of local government in the State described in paragraph (2) any cost-sharing assistance or financing mechanism provided to the State under a cooperative agreement entered into under this Act between the Secretary and the State relating to the eradication, prevention, control, or suppression of plant pests.

(2)

Requirements

To be eligible for assistance or financing under paragraph (1), a unit of local government shall be—

(A)

engaged in any activity relating to the eradication, prevention, control, or suppression of the plant pest infestation covered under the cooperative agreement between the Secretary and the State; and

(B)

capable of documenting each plant pest infestation eradication, prevention, control, or suppression activity generally carried out by—

(i)

the Department of Agriculture; or

(ii)

the State department of agriculture that has jurisdiction over the unit of local government.

Pub. L. 106–224, title IV, § 431June 20, 2000114 Stat. 451 Pub. L. 110–234, title X, § 10206May 22, 2008122 Stat. 1346 Pub. L. 110–246, § 4(a)June 18, 2008122 Stat. 1664(, , ; , , ; , title X, § 10206, , , 2107.)

Editorial Notes

References in Text

Pub. L. 106–224June 20, 2000114 Stat. 438 section 7701 of this titleThis chapter, referred to in subsec. (a), was in the original “this title”, meaning title IV of , , , known as the Plant Protection Act, which is classified principally to this chapter. For complete classification of title IV to the Code, see Short Title note set out under and Tables.

Pub. L. 106–224June 20, 2000114 Stat. 358 section 1501 of this titleThis Act, referred to in subsec. (f)(1), is , , , known as the Agricultural Risk Protection Act of 2000. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note set out under and Tables.

Codification

Pub. L. 110–234 Pub. L. 110–246 Pub. L. 110–234 section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .

Amendments

Pub. L. 110–246, § 102062008—Subsec. (f). , added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–234 Pub. L. 110–246May 22, 2008Pub. L. 110–234 section 4 of Pub. L. 110–246 section 8701 of this titleAmendment of this section and repeal of by effective , the date of enactment of , see , set out as an Effective Date note under .

Transfer of Functions

November 25, 2002section 542 of Title 6For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .