Page:United States Statutes at Large Volume 116 Part 1.djvu/526

 116 STAT. 500 PUBLIC LAW 107-171 —MAY 13, 2002 (1) IN GENERAL.— Except as provided in paragraph (3), the Secretary shall compensate the owner of any animal, article, facility, or means of conveyance that the Secretary requires to be destroyed under this section. (2) AMOUNT.— (A) IN GENERAL.— Subject to subparagraphs (B) and (C), the compensation shall be based on the fair market value, as determined by the Secretary, of the destroyed animal, article, facility, or means of conveyance. (B) LIMITATION.— Compensation paid any owner under this subsection shall not exceed the difference between— (i) the fair market value of the destroyed animal, article, facility, or means of conveyance; and (ii) any compensation received by the owner from a State or other source for the destroyed animal, article, facility, or means of conveyance. (C) REVIEWABILITY.—The determination by the Secretary of the amount to be paid under this subsection shall be final and not subject to judicial review or 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. (3) EXCEPTIONS. —No payment shall be made by the Secretary under this subsection for— (A) any animal, article, facility, or means of conveyance that has been moved or handled by the owner in violation of an agreement for the control and eradication of diseases or pests or in violation of this subtitle; (B) any progeny of any animal or article, which animal or article has been moved or handled by the owner of the animal or article in violation of this subtitle; (C) any animal, article, or means of conveyance that is refused entry under this subtitle; or (D) any animal, article, facility, or means of conveyance that becomes or has become affected with or exposed to any pest or disease of livestock because of a violation of an agreement for the control and eradication of diseases or pests or a violation of this subtitle by the owner. 7 USC 8307. SEC. 10408. INSPECTIONS, SEIZURES, AND WARRANTS. (a) GUIDELINES. —The activities authorized by this section shall be carried out consistent with guidelines approved by the Attorney General. (b) WARRANTLESS INSPECTIONS. —The Secretary may stop and inspect, without a warrant, any person or means of conveyance moving— (1) into the United States, to determine whether the person or means of conveyance is carrying any animal or article regulated under this subtitle; (2) in interstate commerce, on probable cause to believe that the person or means of conveyance is carrying any animal or article regulated under this subtitle; or (3) in intrastate commerce from any State, or any portion of a State, quarantined under section 10407(b), on probable cause to believe that the person or means of conveyance is carrying any animal or article quarantined under section 10407(b).

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