
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC7715]

 
                          TITLE 7--AGRICULTURE
 
                      CHAPTER 104--PLANT PROTECTION
 
                     SUBCHAPTER I--PLANT PROTECTION
 
Sec. 7715. Declaration of extraordinary emergency and resulting 
        authorities
        

(a) Authority to declare

    If the Secretary determines that an extraordinary emergency exists 
because of the presence of a plant pest or noxious weed that is new to 
or not known to be widely prevalent in or distributed within and 
throughout the United States and that the presence of the plant pest or 
noxious weed threatens plants or plant products of the United States, 
the Secretary may--
        (1) hold, seize, quarantine, treat, apply other remedial 
    measures to, destroy, or otherwise dispose of, any plant, biological 
    control organism, plant product, article, or means of conveyance 
    that the Secretary has reason to believe is infested with the plant 
    pest or noxious weed;
        (2) quarantine, treat, or apply other remedial measures to any 
    premises, including any plants, biological control organisms, plant 
    products, articles, or means of conveyance on the premises, that the 
    Secretary has reason to believe is infested with the plant pest or 
    noxious weed;
        (3) quarantine any State or portion of a State in which the 
    Secretary finds the plant pest or noxious weed or any plant, 
    biological control organism, plant product, article, or means of 
    conveyance that the Secretary has reason to believe is infested with 
    the plant pest or noxious weed; and
        (4) prohibit or restrict the movement within a State of any 
    plant, biological control organism, plant product, article, or means 
    of conveyance when the Secretary determines that the prohibition or 
    restriction is necessary to prevent the dissemination of the plant 
    pest or noxious weed or to eradicate the plant pest or noxious weed.

(b) Required finding of emergency

    The Secretary may take action under this section only upon finding, 
after review and consultation with the Governor or other appropriate 
official of the State affected, that the measures being taken by the 
State are inadequate to eradicate the plant pest or noxious weed.

(c) Notification procedures

                           (1) In general

        Except as provided in paragraph (2), before any action is taken 
    in any State under this section, the Secretary shall notify the 
    Governor or other appropriate official of the State affected, issue 
    a public announcement, and file for publication in the Federal 
    Register a statement of--
            (A) the Secretary's findings;
            (B) the action the Secretary intends to take;
            (C) the reasons for the intended action; and
            (D) where practicable, an estimate of the anticipated 
        duration of the extraordinary emergency.

                     (2) Time sensitive actions

        If it is not possible to file for publication in the Federal 
    Register prior to taking action, the filing shall be made within a 
    reasonable time, not to exceed 10 business days, after commencement 
    of the action.

(d) Application of least drastic action

    No plant, biological control organism, plant product, plant pest, 
noxious weed, article, or means of conveyance shall be destroyed, 
exported, or returned to the shipping point of origin, or ordered to be 
destroyed, exported, or returned to the shipping point of origin under 
this section unless, in the opinion of the Secretary, there is no less 
drastic action that is feasible and that would be adequate to prevent 
the dissemination of any plant pest or noxious weed new to or not known 
to be widely prevalent or distributed within and throughout the United 
States.

(e) Payment of compensation

    The Secretary may pay compensation to any person for economic losses 
incurred by the person as a result of action taken by the Secretary 
under this section. The determination by the Secretary of the amount of 
any compensation to be paid under this subsection shall be final and 
shall not be subject to judicial review.

(Pub. L. 106-224, title IV, Sec. 415, June 20, 2000, 114 Stat. 445.)

                  Section Referred to in Other Sections

    This section is referred to in sections 7716, 7731 of this title.
