---
kind: "section"
citation: "7 U.S.C. § 7721"
title: "7"
title_heading: "Agriculture"
number: "7721"
heading: "Plant pest and disease management and disaster prevention"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/7721"
units:
  - "Chapter 104 — Plant Protection"
  - "Subchapter I — Plant Protection"
---

# §7721. Plant pest and disease management and disaster prevention

- (a) **Definitions—** In this section:
  - (1) **Early plant pest detection and surveillance—** The term “early [plant pest](/usc/7/7702.md?p=14) detection and surveillance” means the full range of activities undertaken to find newly introduced [plant pests](/usc/7/7702.md?p=14), whether the [plant pests](/usc/7/7702.md?p=14) are new to the [United States](/usc/7/7702.md?p=20) or new to certain areas of the [United States](/usc/7/7702.md?p=20), before—
    - (A) the [plant pests](/usc/7/7702.md?p=14) become established; or
    - (B) the [plant pest](/usc/7/7702.md?p=14) 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 2004 ([7 U.S.C. 1621](/usc/7/1621.md) note; Public Law 108–465).
  - (3) **State department of agriculture—** The term “State department of agriculture” means an agency of a [State](/usc/7/7702.md?p=17) that has a legal responsibility to perform early [plant pest](/usc/7/7702.md?p=14) detection and surveillance activities.
- (b) **Early plant pest detection and surveillance improvement program—**
  - (1) **Cooperative agreements—** The [Secretary](/usc/7/7702.md?p=16) shall [enter](/usc/7/7702.md?p=3) into a cooperative agreement with each State department of agriculture that agrees to conduct early [plant pest](/usc/7/7702.md?p=14) detection and surveillance activities.
  - (2) **Consultation—** In carrying out this subsection, the [Secretary](/usc/7/7702.md?p=16) shall consult with—
    - (A) the National [Plant](/usc/7/7702.md?p=13) Board; and
    - (B) other interested parties.
  - (3) **Chapter 10 of title 5—** [Chapter 10](/usc/5/chptI/ch10.md) of title 5 shall not apply to consultations under this subsection.
  - (4) **Application—**
    - (A) **In general—** A State department of agriculture seeking to [enter](/usc/7/7702.md?p=3) into a cooperative agreement under this subsection shall submit to the [Secretary](/usc/7/7702.md?p=16) an application containing such information as the [Secretary](/usc/7/7702.md?p=16) may require.
    - (B) **Notification—** The [Secretary](/usc/7/7702.md?p=16) 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](/usc/7/7702.md?p=16) 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 activities—** A State department of agriculture that receives funds under this subsection shall use the funds to carry out early [plant pest](/usc/7/7702.md?p=14) detection and surveillance activities approved by the [Secretary](/usc/7/7702.md?p=16) to prevent the introduction or spread of a [plant pest](/usc/7/7702.md?p=14).
    - (B) **Subagreements—** Nothing in this subsection prevents a State department of agriculture from using funds received under [paragraph (4)](#b-4) to [enter](/usc/7/7702.md?p=3) into subagreements with political subdivisions of the [State](/usc/7/7702.md?p=17) that have legal responsibilities relating to agricultural [plant pest](/usc/7/7702.md?p=14) and disease surveillance.
    - (C) **Non-Federal share—** 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](/usc/7/7702.md?p=16) considers to be appropriate.
    - (D) **Ability to provide funds—** The [Secretary](/usc/7/7702.md?p=16) shall not take the ability to provide non-Federal costs to carry out a cooperative agreement entered into under [subparagraph (A)](#b-5-A) into consideration when deciding whether to [enter](/usc/7/7702.md?p=3) into a cooperative agreement with a State department of agriculture.
  - (6) **Special funding considerations—** The [Secretary](/usc/7/7702.md?p=16) shall provide funds to a State department of agriculture if the [Secretary](/usc/7/7702.md?p=16) determines that—
    - (A) the State department of agriculture is in a [State](/usc/7/7702.md?p=17) that has a high risk of being affected by 1 or more [plant pests](/usc/7/7702.md?p=14) or diseases, taking into consideration—
      - (i) the number of international ports of [entry](/usc/7/7702.md?p=3) in the [State](/usc/7/7702.md?p=17);
      - (ii) the volume of international passenger and cargo [entry](/usc/7/7702.md?p=3) into the [State](/usc/7/7702.md?p=17);
      - (iii) the geographic location of the [State](/usc/7/7702.md?p=17) and if the location or types of agricultural commodities produced in the [State](/usc/7/7702.md?p=17) are conducive to agricultural pest and disease establishment due to the climate, crop diversity, or natural resources (including unique [plant](/usc/7/7702.md?p=13) species) of the [State](/usc/7/7702.md?p=17); and
      - (iv) whether the [Secretary](/usc/7/7702.md?p=16) has determined that an agricultural pest or disease in the [State](/usc/7/7702.md?p=17) is a Federal concern; and
    - (B) the early [plant pest](/usc/7/7702.md?p=14) detection and surveillance activities supported with the funds will likely—
      - (i) prevent the introduction and establishment of [plant pests](/usc/7/7702.md?p=14); and
      - (ii) provide a comprehensive approach to compliment Federal detection efforts.
  - (7) **Reporting requirement—** Not later than 90 days after the date of completion of an early [plant pest](/usc/7/7702.md?p=14) 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](/usc/7/7702.md?p=16) a report that describes the purposes and results of the activities.
- (c) **Threat identification and mitigation program—**
  - (1) **Establishment—** The [Secretary](/usc/7/7702.md?p=16) shall establish a threat identification and mitigation program to determine and address threats to the domestic production of crops.
  - (2) **Requirements—** In conducting the program established under [paragraph (1)](#c-1), the [Secretary](/usc/7/7702.md?p=16) shall—
    - (A) develop risk assessments of the potential threat to the agricultural industry of the [United States](/usc/7/7702.md?p=20) from foreign sources;
    - (B) collaborate with the National [Plant](/usc/7/7702.md?p=13) Board; and
    - (C) implement action plans for high consequence [plant pest](/usc/7/7702.md?p=14) and diseases to assist in preventing the introduction and widespread dissemination of new [plant pest](/usc/7/7702.md?p=14) and disease threats in the [United States](/usc/7/7702.md?p=20).
  - (3) **Reports—** Not later than 1 year after the date of enactment of this paragraph, and annually thereafter, the [Secretary](/usc/7/7702.md?p=16) 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)](#c-2), including an accounting of funds expended on the action plans.
- (d) **Specialty crop certification and risk management systems—** The [Secretary](/usc/7/7702.md?p=16) shall provide funds and technical assistance to specialty crop growers, organizations representing specialty crop growers, and [State](/usc/7/7702.md?p=17) and local agencies working with specialty crop growers and organizations for the development and implementation of—
  - (1) audit-based certification systems, such as best management practices—
    - (A) to address [plant pests](/usc/7/7702.md?p=14); and
    - (B) to mitigate the risk of [plant pests](/usc/7/7702.md?p=14) in the [movement](/usc/7/7702.md?p=9) of [plants](/usc/7/7702.md?p=13) and [plant products](/usc/7/7702.md?p=15); and
  - (2) nursery [plant pest](/usc/7/7702.md?p=14) risk management systems, in collaboration with the nursery industry, research institutions, and other appropriate entities—
    - (A) to enable growers to identify and prioritize nursery [plant pests](/usc/7/7702.md?p=14) and diseases of regulatory significance;
    - (B) to prevent the introduction, establishment, and spread of those [plant pests](/usc/7/7702.md?p=14) and diseases; and
    - (C) to reduce the risk of and mitigate those [plant pests](/usc/7/7702.md?p=14) and diseases.
- (e) **National Clean Plant Network—**
  - (1) **In general—** The [Secretary](/usc/7/7702.md?p=16) shall establish a program to be known as the “National Clean [Plant](/usc/7/7702.md?p=13) Network” (referred to in this subsection as the “Program”).
  - (2) **Requirements—** Under the Program, the [Secretary](/usc/7/7702.md?p=16) shall establish a network of clean [plant](/usc/7/7702.md?p=13) centers for diagnostic and pathogen elimination services—
    - (A) to produce clean propagative [plant](/usc/7/7702.md?p=13) material; and
    - (B) to maintain blocks of pathogen-tested [plant](/usc/7/7702.md?p=13) material in sites located throughout the [United States](/usc/7/7702.md?p=20).
  - (3) **Availability of clean plant source material—** Clean [plant](/usc/7/7702.md?p=13) source material may be made available to—
    - (A) a [State](/usc/7/7702.md?p=17) for a certified [plant](/usc/7/7702.md?p=13) program of the [State](/usc/7/7702.md?p=17); and
    - (B) private nurseries and producers.
  - (4) **Consultation and collaboration—** In carrying out the Program, the [Secretary](/usc/7/7702.md?p=16) shall—
    - (A) consult with—
      - (i) State departments of agriculture; and
      - (ii) land-grant colleges and universities and [NLGCA Institutions](/usc/7/7614.md?p=6) (as those terms are defined in [section 3103 of this title](/usc/7/3103.md)); and
    - (B) to the extent practicable and with input from the appropriate [State](/usc/7/7702.md?p=17) officials and industry representatives, use existing Federal or [State](/usc/7/7702.md?p=17) facilities to serve as clean [plant](/usc/7/7702.md?p=13) centers.
  - (5) **Funding for fiscal year 2013—** There is authorized to be appropriated to carry out the Program $5,000,000 for fiscal year 2013.
- (f) **Funding—** Of the funds of the Commodity Credit Corporation, the [Secretary](/usc/7/7702.md?p=16) shall make available to carry out this section—
  - (1) $12,000,000 for fiscal year 2009;
  - (2) $45,000,000 for fiscal year 2010;
  - (3) $50,000,000 for fiscal year 2011;
  - (4) $50,000,000 for fiscal year 2012;
  - (5) $62,500,000 for each of fiscal years 2014 through 2017;
  - (6) $75,000,000 for each of fiscal years 2018 through 2025; and
  - (7) $90,000,000 for fiscal year 2026 and each fiscal year thereafter.
- (g) **Use of funds for clean plant network—** Of the funds made available under [subsection (f)](#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](/usc/7/7702.md?p=13) Network under [subsection (e)](#e).
- (h) **Limitation on indirect costs for the consolidation of plant pest and disease management and disaster prevention programs—** Indirect costs charged against a cooperative agreement under this section shall not exceed the lesser of—
  - (1) 15 percent of the total Federal funds provided under the cooperative agreement, as determined by the [Secretary](/usc/7/7702.md?p=16); and
  - (2) 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.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of this paragraph, referred to in subsec. (c)(3), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.

### Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

### Amendments

2025—Subsec. (f)(6), (7). Pub. L. 119–21 added par. (6), redesignated former par. (6) as (7), and, in par. (7), substituted “$90,000,000 for fiscal year 2026” for “$75,000,000 for fiscal year 2018”.

2022—Subsec. (b)(3). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text.

2014—Subsecs. (e), (f). Pub. L. 113–79, § 10007(a), added subsec. (e) and redesignated former subsec. (e) as (f).

Subsec. (f)(4) to (6). Pub. L. 113–79, § 10007(b), substituted semicolon at end for “and each fiscal year thereafter.” in par. (4), and added pars. (5) and (6).

Subsecs. (g), (h). Pub. L. 113–79, § 10007(d), added subsecs. (g) and (h).

### Statutory Notes and Related Subsidiaries

### Effective Date

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