View all text of Subchapter I [§ 7711 - § 7721]
§ 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
(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
(d) Application of least drastic action
(e) Payment of compensation
(Pub. L. 106–224, title IV, § 415, June 20, 2000, 114 Stat. 445; Pub. L. 107–171, title VII, § 7504(a), May 13, 2002, 116 Stat. 465; Pub. L. 110–234, title X, § 10203(a), May 22, 2008, 122 Stat. 1342; Pub. L. 110–246, § 4(a), title X, § 10203(a), June 18, 2008, 122 Stat. 1664, 2104.)