12 2 STA T . 1 3 3 9PUBLIC LA W 11 0– 23 4—M A Y 22 , 200 8‘ ‘ (2)1⁄3of1perc e nt oft h e tot al a m o u nt of fun di n g made a v aila b le to carr y out thi s section for the fiscal year .’ ’
and ( 4 ) by stri k ing subsection (i) and inserting the follo w ing
‘‘(i) REAL L OC A TI O N . — ‘‘(1) I N G ENE R AL.— T he S ecretary shall reallocate to other States in accordance with paragraph (2) any amounts made available for a fiscal year under this section that are not obli - gated or e x pended by a date during that fiscal year determined by the Secretary. ‘‘(2) P RO RATA ALLOCATION.—The Secretary shall allocate funds described in paragraph (1) pro rata to the remaining States that applied during the specified grant application period. ‘‘( 3 ) US EO F REALLOCATE D F U NDS.— F unds allocated to a State under this subsection shall be used by the State only to carry out pro j ects that were previously approved in the State plan of the State. ‘‘(j) FUNDING.— O f the funds of the C ommodity Credit Corpora- tion , the Secretary of A griculture shall make grants under this section, using— ‘‘(1) $ 1 0 ,000,000 for fiscal year 200 8
‘‘(2) $4 9 ,000,000 for fiscal year 2009; and ‘‘(3) $ 5 5,000,000 for each of fiscal years 2010 through 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) IN G ENERAL.—Subtitle A of the Plant Protection Act ( 7 U.S.C. 7711 et se q .) is amended by adding at the end the following: ‘ ‘SEC. 4 20. PLANT PEST AND DISEASE MANAGEMENT AND DISASTER PREVENTION. ‘‘(a) D EFINITIONS.—In this section: ‘‘(1) E ARL YP LANT PEST DETECTION AND SUR V EILLANCE.— 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— ‘‘(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 2004 (7 U.S.C. 1 6 21 note; Public L aw 108 – 465). ‘‘(3) STATE DEPART M ENT OF AGRICULTURE.—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 7USC 77 21.
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