Page:United States Statutes at Large Volume 114 Part 1.djvu/481

 PUBLIC LAW 106-224-JUNE 20, 2000 114 STAT. 445 (1) is moving into or through the United States or interstate, or has moved into or through the United States or interstate, and— (A) the Secretary has reason to beheve is a plant pest or noxious weed or is infested with a plant pest or noxious weed at the time of the movement; or (B) is or has been otherwise in violation of this title; (2) has not been maintained in complisince with a postentry quarantine requirement; or (3) is the progeny of any plant, biological control organism, plant product, plant pest, or noxious weed that is moving into or through the United States or interstate, or has moved into the United States or interstate, in violation of this title. (b) AUTHORITY TO ORDER AN OWNER TO TREAT OR DESTROY.— (1) IN GENERAL.—The Secretary may order the owner of any plant, biological control organism, plant product, plant pest, noxious weed, article, or means of conveyance subject to action under subsection (a), or the owner's agent, to treat, apply other remedial measures to, destroy, or otherwise dispose of the plant, biological control organism, plant product, plant pest, noxious weed, Eirticle, or means of conveyance, without cost to the Federal Government aind in the manner the Secretary considers appropriate. (2) FAILURE TO COMPLY. — If the owner or agent of the owner fails to comply with the Secretary's order under this subsection, the Secretary may take an action authorized by subsection (a) and recover from the owner or agent of the owner the costs of any care, handling, application of remedial measures, or disposed inciirred by the Secretary in connection with actions taken under subsection (a). (c) CLASSIFICATION SYSTEM. — (1) DEVELOPMENT REQUIRED.—To facilitate control of noxious weeds, the Secretary may develop a classification system to describe the status and action levels for noxious weeds. The classification system may include the ciurent geographic distribution, relative threat, and actions initiated to prevent introduction or distribution. (2) MANAGEMENT PLANS. —In conjimction with the classification system, the Secretary may develop integrated management plans for noxious weeds for the geographic region or ecological range where the noxious weed is found in the United States. (d) APPLICATION OF LEAST DRASTIC ACTION.— No plant, biological control organism, pleuit 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. SEC. 415. DECLARATION OF EXTRAORDINARY EMERGENCY AND 7 USC 7715. RESULTING AUTHORITIES. (a) AUTHORITY To DECLARE.—I f the Secretary determines that an extraordinary emergency exists because of the presence of a 79-194O-00 -16:QL3Part1

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