Page:United States Statutes at Large Volume 114 Part 1.djvu/483

 PUBLIC LAW 106-224 —JUNE 20, 2000 114 STAT. 447 (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. SEC. 416. RECOVERY OF COMPENSATION FOR UNAUTHORIZED ACTIVT- 7 USC 7716. TIES. (a) RECOVERY ACTION. — The owner of any plant, plant biological control organism, plant product, plant pest, noxious weed, article, or means of conveyance destroyed or otherwise disposed of by the Secretary under section 414 or 415 may bring an action against the United States to recover just compensation for the destruction or disposal of the plant, plant biological control organism, plant product, plant pest, noxious weed, article, or means of conveyance (not including compensation for loss due to delays incident to determining eligibility for importation, entry, exportation, movement in interstate commerce, or release into the environment), but only if the owner establishes that the destruction or disposal was not authorized under this title. (b) TIME FOR ACTION; LOCATION.—An action under this section shall be brought not later than 1 year after the destruction or disposal of the plant, plant biological control organism, plant product, plant pest, noxious weed, article, or means of conveyance involved. The action may be brought in any United States district court where the owner is found, resides, transacts business, is licensed to do business, or is incorporated. SEC. 417. CONTROL OF GRASSHOPPERS AND MORMON CRICKETS. 7 USC 7717. (a) IN GENERAL.—Subject to the availability of funds pursuant to this section, the Secretary shall CEirry out a program to control grasshoppers and Mormon crickets on all Federal lands to protect rangeland. (b) TRANSFER AUTHORITY. — .o. (1) IN GENERAL.— Subject to paragraph (3), upon the request of the Secretary of Agriculture, the Secretary of the Interior shall transfer to the Secretary of Agriculture, from any noyear appropriations, funds for the prevention, suppression, and control of actued or potential grasshopper and Mormon cricket outbreaks on Federal lands under the jurisdiction of the Secretary of the Interior. The treinsferred funds shall be available only for the payment of obligations incurred on such Federal Igmds. (2) TRANSFER REQUESTS.—Requests for the transfer of funds pursuant to this subsection shall be made as promptly as possible by the Secretary. (3) LIMITATION. —F i inds transferred pursuant to this subsection may not be used by the Secretary until funds specifically appropriated to the Secretary for grasshopper control have been exhausted. (4) REPLENISHMENT OF TRANSFERRED FUNDS. —Funds transferred pursuant to this subsection shall be replenished by supplemental or regular appropriations, which shall be requested as promiptly as possible. (c) TREATMENT FOR GRASSHOPPERS AND MORMON CRICKETS.— (1) IN GENERAL.— Subject to the availability of funds pursuant to this section, on request of the administering agency

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