§ 7715. — Declaration of extraordinary emergency and resulting authorities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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 or a review of longer than 60
days by any officer or employee of the Federal Government other than the
Secretary or the designee of the Secretary.
(Pub. L. 106-224, title IV, Sec. 415, June 20, 2000, 114 Stat. 445; Pub.
L. 107-171, title VII, Sec. 7504(a), May 13, 2002, 116 Stat. 465.)
Amendments
2002--Subsec. (e). Pub. L. 107-171 inserted before period at end
``or a review of longer than 60 days by any officer or employee of the
Federal Government other than the Secretary or the designee of the
Secretary''.
Transfer of Functions
For 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 November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
Section Referred to in Other Sections
This section is referred to in sections 7716, 7731 of this title.
