[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR56.2]

[Page 200-201]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 56_CONTROL OF H5/H7 LOW PATHOGENIC AVIAN INFLUENZA--
Table of Contents
 
Sec. 56.2  Cooperation with States.

    (a) The Administrator has been delegated the authority to cooperate 
with Cooperating State Agencies in the eradication of H5/H7 LPAI. This 
cooperation may include, but is not necessarily limited to, the 
following activities:
    (1) Payment to Cooperating State Agencies for surveillance and 
monitoring associated with poultry that

[[Page 201]]

have been infected with or exposed to H5/H7 LPAI;
    (2) Transfer of vaccine for H5/H7 LPAI to Cooperating State Agencies 
if provided for in the initial State response and containment plan 
developed by the Official State Agency and approved by APHIS under Sec. 
56.10; and
    (3) Payment for vaccine administration by Cooperating State 
Agencies, if provided for in the initial State response and containment 
plan developed by the Official State Agency and approved by APHIS under 
Sec. 56.10
    (b)(1) Any payment made to a State or an Official State Agency for 
the activities listed in paragraphs (a)(1) and (a)(3) of this section 
must be made through a cooperative agreement between the Cooperating 
State Agency and APHIS. The payment for which the Cooperating State 
Agency is eligible will be determined in the cooperative agreement.
    (i) For any Cooperating State Agency that participates in the 
National Poultry Improvement Plan diagnostic surveillance program for 
H5/H7 LPAI, as described in Sec. 146.14 of this chapter, and has an 
initial State response and containment plan for H5/H7 LPAI that is 
approved by APHIS, as described in Sec. 56.10 of this part, the 
cooperative agreement will provide that the Cooperating State Agency is 
eligible for payment of 100 percent of the costs of surveillance and 
monitoring and 100 percent of the costs of vaccine administration, as 
determined in the cooperative agreement.
    (ii) For any Cooperating State Agency that does not meet the 
criteria in paragraph (b)(1)(i) of this section, the cooperative 
agreement will provide that the Cooperating State Agency is eligible for 
payment of 25 percent of the costs of surveillance and monitoring and 25 
percent of the costs of vaccine administration, as determined in the 
cooperative agreement.
    (2) Transfer of vaccine under paragraph (a)(2) of this section must 
be accomplished through a cooperative agreement between the Cooperating 
State Agency and APHIS.
    (c) States will be responsible for making the determination to 
request Federal assistance under this part in the event of an outbreak 
of H5/H7 LPAI.