Title 7 -- Agriculture


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     7 USC CHAPTER 61 - NOXIOUS WEEDS                            01/05/99
 
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    TITLE 7 - AGRICULTURE
    CHAPTER 61 - NOXIOUS WEEDS
    .
 
-HEAD-
    CHAPTER 61 - NOXIOUS WEEDS
 
-MISC1-
    Sec.
    2801. Congressional findings.
    2802. Definitions.
    2803. Movement of noxious weeds into or through the United States
      or interstate.
                  (a) Regulations.
                  (b) Permits.
                  (c) Unlawful sale, purchase, and transportation, and
                        advertisements for unlawful sale, purchase, and
                        transportation.
    2804. Quarantine.
                  (a) Regulations for inspection.
                  (b) Temporary quarantine of areas suspected of
                        infestation; maximum period.
                  (c) Promulgation after determination of necessity at
                        public hearing.
    2805. Measures to prevent dissemination.
                  (a) Emergency disposal of infested products and
                        articles.
                  (b) Orders requiring disposal by owner; enforcement.
                  (c) Destruction, export, or return as the least
                        drastic action.
                  (d) Actions against United States by owners;
                        limitations; just compensation for unlawful
                        disposal.
    2806. Warrantless search of persons and goods; search of premises
      with warrants; issuance and execution of warrants.
    2807. Penalties.
    2808. Cooperation with other Federal, State, and local agencies.
    2809. Regulations.
    2810. Authorization of appropriations.
    2811. Inapplicability to certain shipments.
    2812. Inconsistent State and local laws.
    2813. Separability.
    2814. Management of undesirable plants on Federal lands.
                  (a) Duties of agencies.
                  (b) Environmental impact statements.
                  (c) Cooperative agreements with State agencies.
                  (d) Exception.
                  (e) Definitions.
                  (f) Coordination.
                  (g) Authorization of appropriations.
 
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     7 USC Sec. 2801                                             01/05/99
 
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    TITLE 7 - AGRICULTURE
    CHAPTER 61 - NOXIOUS WEEDS
 
-HEAD-
    Sec. 2801. Congressional findings
 
-STATUTE-
      The importation or distribution in interstate commerce of noxious
    weeds, except under controlled conditions, allows the growth and
    spread of such weeds which interfere with the growth of useful
    plants, clog waterways and interfere with navigation, cause
    disease, or have other adverse effects upon man or his environment
    and therefore is detrimental to the agriculture and commerce of the
    United States and to the public health.  The uncontrolled
    distribution within the United States of noxious weeds after their
    importation or interstate distribution has like detrimental effects
    and allowing such distribution encourages and facilitates the
    burdening and obstructing of interstate and foreign commerce, and
    is inimical to the public interest.  Accordingly, the Congress
    hereby determines that the regulation of transactions in, and
    movement of, noxious weeds as provided in this chapter is necessary
    to prevent and eliminate burdens upon and obstructions to
    interstate and foreign commerce and to protect the public welfare.
 
-SOURCE-
    (Pub. L. 93-629, Sec. 2, Jan. 3, 1975, 88 Stat. 2148.)
 
-MISC1-
                                SHORT TITLE
      Section 1 of Pub. L. 93-629 provided: ''That this Act (enacting
    this chapter) may be cited as the 'Federal Noxious Weed Act of
    1974'.''
 
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     7 USC Sec. 2802                                             01/05/99
 
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    TITLE 7 - AGRICULTURE
    CHAPTER 61 - NOXIOUS WEEDS
 
-HEAD-
    Sec. 2802. Definitions
 
-STATUTE-
      As used in this chapter, except where the context otherwise
    requires:
      (a) ''Secretary'' means the Secretary of Agriculture of the
    United States or any other person to whom authority may be
    delegated to act in his stead.
      (b) ''Authorized inspector'' means any employee of the Department
    of Agriculture, or any employee of any other agency of the Federal
    Government or of any State or other governmental agency which is
    cooperating with the Department in administration of any provisions
    of this chapter, who is authorized by the Secretary to perform
    assigned duties under this chapter.
      (c) ''Noxious weed'' means any living stage (including but not
    limited to, seeds and reproductive parts) of any parasitic or other
    plant of a kind, or subdivision of a kind, which is of foreign
    origin, is new to or not widely prevalent in the United States, and
    can directly or indirectly injure crops, other useful plants,
    livestock, or poultry or other interests of agriculture, including
    irrigation, or navigation or the fish and wildlife resources of the
    United States or the public health, and includes kudzu (Pueraria
    lobata Dc).
      (d) ''United States'' means any of the States, territories, or
    districts of the United States.
      (e) ''Interstate'' means from any State, territory, or district
    of the United States into or through any other State, territory, or
    district.
      (f) ''District'' means the District of Columbia, the Commonwealth
    of Puerto Rico, or any possession of the United States.
      (g) ''Move'' means deposit for transmission in the mails, ship,
    offer for shipment, offer for entry, import, receive for
    transportation, carry, or otherwise transport or move, or allow to
    be moved, by mail or otherwise.
 
-SOURCE-
    (Pub. L. 93-629, Sec. 3, Jan. 3, 1975, 88 Stat. 2148; Pub. L.
    105-86, title VII, Sec. 728, Nov. 18, 1997, 111 Stat. 2108.)
 
-MISC1-
                                 AMENDMENTS
      1997 - Subsec. (c). Pub. L. 105-86 inserted '', and includes
    kudzu (Pueraria lobata Dc)'' before period at end.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 2809 of this title.
 
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     7 USC Sec. 2803                                             01/05/99
 
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    TITLE 7 - AGRICULTURE
    CHAPTER 61 - NOXIOUS WEEDS
 
-HEAD-
    Sec. 2803. Movement of noxious weeds into or through the United
        States or interstate
 
-STATUTE-
    (a) Regulations
      No person shall import or enter any noxious weed identified in a
    regulation promulgated by the Secretary into or through the United
    States or move any noxious weed interstate, unless the movement is
    in accordance with such conditions as the Secretary may prescribe
    by regulation under this chapter to prevent the dissemination into
    the United States, or interstate, of such noxious weeds.
    (b) Permits
      The regulations prescribed by the Secretary to implement
    subsection (a) of this section may include regulations requiring
    that any noxious weed imported or entered into the United States or
    moving interstate be accompanied by a permit issued by the
    Secretary prior to the movement of the noxious weed.
    (c) Unlawful sale, purchase, and transportation, and advertisements
        for unlawful sale, purchase, and transportation
      No person shall knowingly sell, purchase, barter, exchange, give,
    or receive any such noxious weed which has been moved in violation
    of subsection (a) of this section, or knowingly deliver or receive
    for transportation or transport, in interstate or foreign commerce,
    any advertisement to sell, purchase, barter, exchange, give, or
    receive any such noxious weed which is prohibited from movement in
    such commerce under this chapter.
 
-SOURCE-
    (Pub. L. 93-629, Sec. 4, Jan. 3, 1975, 88 Stat. 2149; Pub. L.
    100-449, title III, Sec. 301(f)(4), Sept. 28, 1988, 102 Stat. 1869;
    Pub. L. 103-465, title IV, Sec. 431(f), Dec. 8, 1994, 108 Stat.
    4968.)
 
-MISC1-
                                 AMENDMENTS
      1994 - Subsecs. (a), (b). Pub. L. 103-465 amended subsecs. (a)
    and (b) generally.  Prior to amendment, subsecs. (a) and (b) read
    as follows:
      ''(a) No person shall knowingly move any noxious weed identified
    in a regulation promulgated by the Secretary into or through the
    United States or interstate, unless such movement is -
        ''(1) from Canada, or authorized under general or specific
      permit from the Secretary; and
        ''(2) made in accordance with such conditions as the Secretary
      may prescribe in the permit and in such regulations as the
      Secretary may prescribe under this chapter to prevent the
      dissemination into the United States, or interstate, of such
      noxious weeds.
      ''(b) The Secretary may refuse to issue a permit for the movement
    of any such noxious weed when, in his opinion, such movement would
    involve a danger of dissemination of such noxious weeds into the
    United States or interstate.''
      1988 - Subsec. (a). Pub. L. 100-449 amended subsec. (a)
    generally.  Prior to amendment, subsec. (a) read as follows: ''No
    person shall knowingly move any noxious weed, identified in a
    regulation promulgated by the Secretary, into or through the United
    States or interstate, unless such movement is authorized under
    general or specific permit from the Secretary and is made in
    accordance with such conditions as the Secretary may prescribe in
    the permit and in such regulations as he may promulgate under this
    chapter to prevent the dissemination into the United States, or
    interstate, of such noxious weeds.''
                      EFFECTIVE DATE OF 1994 AMENDMENT
      Amendment by Pub. L. 103-465 effective on the date of entry into
    force of the WTO Agreement with respect to the United States (Jan.
    1, 1995), except as otherwise provided, see section 451 of Pub. L.
    103-465, set out as an Effective Date note under section 3601 of
    Title 19, Customs Duties.
             EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT
      Amendment by Pub. L. 100-449 effective on the date the United
    States-Canada Free-Trade Agreement enters into force (Jan. 1,
    1989), and to cease to have effect on the date the Agreement ceases
    to be in force, see section 501(a), (c), of Pub. L. 100-449, set
    out in a note under section 2112 of Title 19, Customs Duties.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 2807, 2809 of this title.
 
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     7 USC Sec. 2804                                             01/05/99
 
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    TITLE 7 - AGRICULTURE
    CHAPTER 61 - NOXIOUS WEEDS
 
-HEAD-
    Sec. 2804. Quarantine
 
-STATUTE-
    (a) Regulations for inspection
      The Secretary may promulgate such quarantines and other
    regulations requiring inspection of products and articles of any
    character whatsoever and means of conveyance, specified in the
    regulations, as a condition of their movement into or through the
    United States and otherwise restricting or prohibiting such
    movement, as he deems necessary to prevent the dissemination into
    the United States of any noxious weeds, and it shall be unlawful
    for any person to move any products, articles, or means of
    conveyance into or through the United States contrary to any such
    regulation.
    (b) Temporary quarantine of areas suspected of infestation; maximum
        period
      Whenever the Secretary has reason to believe that an infestation
    of noxious weeds exist in any State, territory, or district, he may
    by regulation temporarily quarantine such jurisdiction, or a
    portion thereof, and by regulation may restrict or prohibit the
    interstate movement from the quarantined area of any products and
    articles of any character whatsoever and means of conveyance,
    capable of carrying such noxious weeds, and after promulgation of
    such quarantine and other regulations, it shall be unlawful for any
    person to move interstate from a quarantined area any such
    products, articles, or means of conveyance, specified in the
    regulations, except in accordance with such regulations: Provided,
    however, That such quarantine and regulations shall expire at the
    close of the ninetieth day after their promulgation.
    (c) Promulgation after determination of necessity at public hearing
      However, if, after public hearing, the Secretary determines, on
    the basis of the information received at the hearing and other
    information available to him, that such a quarantine and
    regulations are necessary in order to prevent the interstate spread
    of noxious weeds from any State, territory, or district in which he
    determines an infestation of noxious weeds exists, and to protect
    the agriculture, commerce, fish, or wildlife resources of the
    United States or the public health, he shall promulgate such
    quarantine and other regulations as he determines are appropriate
    for such purposes, and thereafter it shall be unlawful for any
    person to move interstate from any quarantined area any regulated
    products, articles, or means of conveyance except in accordance
    with such regulations.
 
-SOURCE-
    (Pub. L. 93-629, Sec. 5, Jan. 3, 1975, 88 Stat. 2149.)
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 2807 of this title.
 
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     7 USC Sec. 2805                                             01/05/99
 
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    TITLE 7 - AGRICULTURE
    CHAPTER 61 - NOXIOUS WEEDS
 
-HEAD-
    Sec. 2805. Measures to prevent dissemination
 
-STATUTE-
    (a) Emergency disposal of infested products and articles
      Except as provided in subsection (c) of this section, the
    Secretary may, whenever he deems it necessary as an emergency
    measure in order to prevent the dissemination of any noxious weed,
    seize, quarantine, treat, destroy, or otherwise dispose of, in such
    manner as he deems appropriate, any product or article of any
    character whatsoever, or means of conveyance, which is moving into
    or through the United States or interstate, in bond or otherwise,
    and which he has reason to believe is infested by any noxious weed
    or contains any such weed, or which has moved into the United
    States, or interstate, and which he has reason to believe was
    infested by or contained any noxious weed at the time of such
    movement; and any noxious weed, product, article, or means of
    conveyance which is moving into or through the United States, or
    interstate, or has moved into the United States, or interstate, in
    violation of this chapter or any regulation hereunder.
    (b) Orders requiring disposal by owner; enforcement
      Except as provided in subsection (c) of this section, the
    Secretary may order the owner of any product, article, means of
    conveyance, or noxious weed subject to disposal under subsection
    (a) of this section, or his agent, to treat, destroy, or make other
    disposal of such product, article, means of conveyance, or noxious
    weed, without cost to the Federal Government and in such manner as
    the Secretary deems appropriate.  The Secretary may apply to the
    United States District Court, or to the United States Court of any
    territory or possession, for the judicial district in which such
    person resides or transacts business or in which the product,
    article, means of conveyance, or noxious weed is found, for
    enforcement of such order by injunction, mandatory or otherwise.
    Process in any such case may be served in any judicial district
    wherein the defendant resides or transacts business or may be
    found, and subpenas for witnesses who are required to attend a
    court in any judicial district in such a case may run to any other
    judicial district.
    (c) Destruction, export, or return as the least drastic action
      No product, article, means of conveyance, or noxious weed shall
    be destroyed, exported, or returned to shipping point of origin, or
    ordered to be destroyed, exported, or so returned under this
    section, unless in the opinion of the Secretary there is no less
    drastic action which would be adequate to prevent the dissemination
    of noxious weeds into the United States or interstate.
    (d) Actions against United States by owners; limitations; just
        compensation for unlawful disposal
      The owner of any product, article, means of conveyance, or
    noxious weed destroyed, or otherwise disposed of, by the Secretary
    under this section, may bring an action against the United States
    in the United States District Court for the District of Columbia,
    within one year after such destruction or disposal, and recover
    just compensation for such destruction or disposal of such product,
    article, means of conveyance, or noxious weed (not including
    compensation for loss due to delays incident to determining its
    eligibility for movement under this chapter) if the owner
    establishes that such destruction or disposal was not authorized
    under this chapter.  Any judgment rendered in favor of such owner
    shall be paid out of the money in the Treasury appropriated for
    administration of this chapter.
 
-SOURCE-
    (Pub. L. 93-629, Sec. 6, Jan. 3, 1975, 88 Stat. 2149.)
 
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     7 USC Sec. 2806                                             01/05/99
 
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    TITLE 7 - AGRICULTURE
    CHAPTER 61 - NOXIOUS WEEDS
 
-HEAD-
    Sec. 2806. Warrantless search of persons and goods; search of
        premises with warrants; issuance and execution of warrants
 
-STATUTE-
      Any authorized inspector, when properly identified, shall have
    authority (a) without a warrant, to stop any person or means of
    conveyance moving into the United States, and inspect any noxious
    weeds and any products and articles of any character whatsoever,
    carried thereby, and inspect such means of conveyance, to determine
    whether such person or means of conveyance is moving any noxious
    weed, product, article, or means of conveyance contrary to this
    chapter or any regulation under this chapter; (b) without a
    warrant, to stop any person or means of conveyance moving through
    the United States or interstate, and inspect any noxious weeds and
    any products and articles of any character whatsoever carried
    thereby, and inspect such means of conveyance, to determine whether
    such person or means of conveyance is moving any noxious weed,
    product, article, or means of conveyance contrary to this chapter
    or any regulation thereunder, if such inspector has probable cause
    to believe that such person or means of conveyance is moving any
    noxious weed regulated under this chapter; and (c) to enter, with a
    warrant, any premises in the United States, for purposes of any
    inspections or other actions necessary under this chapter.  Any
    judge of the United States or of a court of record of any State,
    territory, or district, or a United States commissioner, may,
    within his respective jurisdiction, upon proper oath or affirmation
    showing probable cause to believe that there are on certain
    premises any products, articles, means of conveyance, or noxious
    weeds subject to this chapter, issue warrants for the entry of such
    premises for purposes of any inspection or other action necessary
    under this chapter, except as otherwise provided in section 2808 of
    this title.  Such warrants may be executed by any authorized
    inspector or any United States marshal.
 
-SOURCE-
    (Pub. L. 93-629, Sec. 7, Jan. 3, 1975, 88 Stat. 2150.)
 
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     7 USC Sec. 2807                                             01/05/99
 
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    TITLE 7 - AGRICULTURE
    CHAPTER 61 - NOXIOUS WEEDS
 
-HEAD-
    Sec. 2807. Penalties
 
-STATUTE-
      Any person who knowingly violates section 2803 or 2804 of this
    title, or any regulation promulgated under this chapter, shall be
    guilty of a misdemeanor and shall be punished by a fine not
    exceeding $5,000, or by imprisonment not exceeding one year, or
    both.
 
-SOURCE-
    (Pub. L. 93-629, Sec. 8, Jan. 3, 1975, 88 Stat. 2151.)
 
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     7 USC Sec. 2808                                             01/05/99
 
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    TITLE 7 - AGRICULTURE
    CHAPTER 61 - NOXIOUS WEEDS
 
-HEAD-
    Sec. 2808. Cooperation with other Federal, State, and local
        agencies
 
-STATUTE-
      (a) The Secretary is authorized to cooperate with other Federal
    agencies, agencies of States, territories, or districts, or
    political subdivisions thereof, farmers' associations, and similar
    organizations, and individuals in carrying out operations or
    measures in the United States to eradicate, suppress, control, or
    prevent or retard the spread of any noxious weed.  The Secretary is
    authorized to appoint employees of other agencies of the Federal
    Government or any agencies of any State, territory, or district, or
    political subdivisions thereof, as collaborators to assist in
    administration of the provisions of this chapter, pursuant to
    cooperative agreements with such agencies, whenever he determines
    that such appointments would facilitate administration of this
    chapter.
      (b) In performing the operations or measures authorized by
    subsection (a) of this section, the cooperating State or other
    governmental agency shall be responsible for the authority
    necessary to carry out the operations or measures on all lands and
    properties within the State or other jurisdiction involved, other
    than those owned or controlled by the United States Government, and
    for such other facilities and means as in the discretion of the
    Secretary are necessary.
 
-SOURCE-
    (Pub. L. 93-629, Sec. 9, Jan. 3, 1975, 88 Stat. 2151.)
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 2806, 2810 of this title.
 
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     7 USC Sec. 2809                                             01/05/99
 
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    TITLE 7 - AGRICULTURE
    CHAPTER 61 - NOXIOUS WEEDS
 
-HEAD-
    Sec. 2809. Regulations
 
-STATUTE-
      The Secretary is authorized to promulgate regulations necessary
    to effectuate the provisions of this chapter.  However, any
    regulation identifying a noxious weed under section 2803 of this
    title shall be promulgated only after publication of a notice of
    the proposed regulation and, when requested by any interested
    person, a public hearing on the proposal.  Any such regulation
    shall be based upon the information received at any such hearing
    and other information available to the Secretary and a
    determination by the Secretary that the plant is within the
    definition of a noxious weed in section 2802(c) of this title and
    that its dissemination in the United States may reasonably be
    expected to have, to a serious degree, any effect specified in
    section 2802(c) of this title.
 
-SOURCE-
    (Pub. L. 93-629, Sec. 10, Jan. 3, 1975, 88 Stat. 2151.)
 
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     7 USC Sec. 2810                                             01/05/99
 
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    TITLE 7 - AGRICULTURE
    CHAPTER 61 - NOXIOUS WEEDS
 
-HEAD-
    Sec. 2810. Authorization of appropriations
 
-STATUTE-
      There are hereby authorized to be appropriated such sums as
    Congress may from time to time determine to be necessary for the
    administration of this chapter.  Any sums so appropriated shall be
    available for expenditures for the purchase, hire, maintenance,
    operation, and exchange of aircraft and other means of conveyance,
    and for such other expenses as may be necessary to carry out the
    purposes of this chapter.  However, unless specifically authorized
    in other legislation or provided for in appropriations, no part of
    such sum shall be used to pay the cost or value of property injured
    or destroyed under section 2808 of this title.
 
-SOURCE-
    (Pub. L. 93-629, Sec. 11, Jan. 3, 1975, 88 Stat. 2151.)
 
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     7 USC Sec. 2811                                             01/05/99
 
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    TITLE 7 - AGRICULTURE
    CHAPTER 61 - NOXIOUS WEEDS
 
-HEAD-
    Sec. 2811. Inapplicability to certain shipments
 
-STATUTE-
      The provisions of this chapter shall not apply to shipments of
    seed subject to the Federal Seed Act (7 U.S.C. 1551 et seq.) and
    this chapter shall not amend or repeal any of the provisions of
    said Act or of the Plant Quarantine Act of August 20, 1912 (7
    U.S.C. 151-154, 156-164a, 167), the Federal Plant Pest Act (7
    U.S.C. 150aa-150jj), or any other Federal laws.
 
-SOURCE-
    (Pub. L. 93-629, Sec. 12, Jan. 3, 1975, 88 Stat. 2152.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Seed Act, referred to in text, is act Aug. 9, 1939,
    ch. 615, 53 Stat. 1275, as amended, which is classified generally
    to chapter 37 (Sec. 1551 et seq.) of this title.  For complete
    classification of this Act to the Code, see section 1551 of this
    title and Tables.
      The Plant Quarantine Act, referred to in text, is act Aug. 20,
    1912, ch. 308, 37 Stat. 315, as amended, which is classified
    generally to chapter 8 (Sec. 151 et seq.) of this title.  For
    complete classification of this Act to the Code, see Short Title
    note set out under section 151 of this title, and Tables.
      The Federal Plant Pest Act, referred to in text, is Pub. L.
    85-36, title I, May 23, 1957, 71 Stat. 31, as amended, which is
    classified generally to chapter 7B (Sec. 150aa et seq.) of this
    title.  For complete classification of this Act to the Code, see
    Short Title note set out under section 150aa of this title, and
    Tables.
 
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     7 USC Sec. 2812                                             01/05/99
 
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    TITLE 7 - AGRICULTURE
    CHAPTER 61 - NOXIOUS WEEDS
 
-HEAD-
    Sec. 2812. Inconsistent State and local laws
 
-STATUTE-
      The provisions of this chapter shall not invalidate the
    provisions of the laws of any State or political subdivision
    thereof, or of any territory or district of the United States
    relating to noxious weeds, except that no such jurisdiction may
    permit any action that is prohibited under this chapter.
 
-SOURCE-
    (Pub. L. 93-629, Sec. 13, Jan. 3, 1975, 88 Stat. 2152.)
 
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     7 USC Sec. 2813                                             01/05/99
 
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    TITLE 7 - AGRICULTURE
    CHAPTER 61 - NOXIOUS WEEDS
 
-HEAD-
    Sec. 2813. Separability
 
-STATUTE-
      If any provision of this chapter or the application thereof to
    any person or circumstances is held invalid, the remainder of this
    chapter and the application of such provision to other persons and
    circumstances shall not be affected thereby.
 
-SOURCE-
    (Pub. L. 93-629, Sec. 14, Jan. 3, 1975, 88 Stat. 2152.)
 
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     7 USC Sec. 2814                                             01/05/99
 
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    TITLE 7 - AGRICULTURE
    CHAPTER 61 - NOXIOUS WEEDS
 
-HEAD-
    Sec. 2814. Management of undesirable plants on Federal lands
 
-STATUTE-
    (a) Duties of agencies
      Each Federal agency shall -
        (1) designate an office or person adequately trained in the
      management of undesirable plant species to develop and coordinate
      an undesirable plants management program for control of
      undesirable plants on Federal lands under the agency's
      jurisdiction;
        (2) establish and adequately fund an undesirable plants
      management program through the agency's budgetary process;
        (3) complete and implement cooperative agreements with State
      agencies regarding the management of undesirable plant species on
      Federal lands under the agency's jurisdiction; and
        (4) establish integrated management systems to control or
      contain undesirable plant species targeted under cooperative
      agreements.
    (b) Environmental impact statements
      In the event an environmental assessment or environmental impact
    statement is required under the National Environmental Policy Act
    of 1969 (42 U.S.C. 4321 et seq.) to implement plant control
    agreements, Federal agencies shall complete such assessments or
    statements within 1 year after the requirement for such assessment
    or statement is ascertained.
    (c) Cooperative agreements with State agencies
      (1) In general
        Federal agencies, as appropriate, shall enter into cooperative
      agreements with State agencies to coordinate the management of
      undesirable plant species on Federal lands.
      (2) Contents of plan
        A cooperative agreement entered into pursuant to paragraph (1)
      shall -
          (A) prioritize and target undesirable plant species or group
        of species to be controlled or contained within a specific
        geographic area;
          (B) describe the integrated management system to be used to
        control or contain the targeted undesirable plant species or
        group of species; and
          (C) detail the means of implementing the integrated
        management system, define the duties of the Federal agency and
        the State agency in prosecuting that method, and establish a
        timeframe for the initiation and completion of the tasks
        specified in the integrated management system.
    (d) Exception
      A Federal agency is not required under this section to carry out
    programs on Federal lands unless similar programs are being
    implemented generally on State or private lands in the same area.
    (e) Definitions
      As used in this section:
      (1) Cooperative agreement
        The term ''cooperative agreement'' means a written agreement
      between a Federal agency and a State agency entered into pursuant
      to this section.
      (2) Federal agency
        The term ''Federal agency'' means a department, agency, or
      bureau of the Federal Government responsible for administering or
      managing Federal lands under its jurisdiction.
      (3) Federal lands
        The term ''Federal lands'' means lands managed by or under the
      jurisdiction of the Federal Government.
      (4) Integrated management system
        The term ''integrated management systems'' means a system for
      the planning and implementation of a program, using an
      interdisciplinary approach, to select a method for containing or
      controlling an undesirable plant species or group of species
      using all available methods, including -
          (A) education;
          (B) preventive measures;
          (C) physical or mechanical methods;
          (D) biological agents;
          (E) herbicide methods;
          (F) cultural methods; and
          (G) general land management practices such as manipulation of
        livestock or wildlife grazing strategies or improving wildlife
        or livestock habitat.
      (5) Interdisciplinary approach
        The term ''interdisciplinary approach'' means an approach to
      making decisions regarding the containment or control of an
      undesirable plant species or group of species, which -
          (A) includes participation by personnel of Federal or State
        agencies with experience in areas including weed science, range
        science, wildlife biology, land management, and forestry; and
          (B) includes consideration of -
            (i) the most efficient and effective method of containing
          or controlling the undesirable plant species;
            (ii) scientific evidence and current technology;
            (iii) the physiology and habitat of a plant species; and
            (iv) the economic, social, and ecological consequences of
          implementing the program.
      (6) State agencies
        The term ''State agency'' means a State department of
      agriculture, or other State agency or political subdivision
      thereof, responsible for the administration or implementation of
      undesirable plants laws of a State.
      (7) Undesirable plant species
        The term ''undesirable plants'' means plant species that are
      classified as undesirable, noxious, harmful, exotic, injurious,
      or poisonous, pursuant to State or Federal law.  Species listed
      as endangered by the Endangered Species Act of 1973 (16 U.S.C.
      1531 et seq.) shall not be designated as undesirable plants under
      this section and shall not include plants indigenous to an area
      where control measures are to be taken under this section.
    (f) Coordination
      (1) In general
        The Secretary of Agriculture and the Secretary of the Interior
      shall take such actions as may be necessary to coordinate Federal
      agency programs for control, research, and educational efforts
      associated with Federal, State, and locally designated noxious
      weeds.
      (2) Duties
        The Secretary, in consultation with the Secretary of the
      Interior, shall -
          (A) identify regional priorities for noxious weed control;
          (B) incorporate into existing technical guides regionally
        appropriate technical information; and
          (C) disseminate such technical information to interested
        State, local, and private entities.
      (3) Cost share assistance
        The Secretary may provide cost share assistance to State and
      local agencies to manage noxious weeds in an area if a majority
      of landowners in that area agree to participate in a noxious weed
      management program.
    (g) Authorization of appropriations
      There is authorized to be appropriated such sums as may be
    necessary in each of fiscal years 1991 through 1995 to carry out
    this section.
 
-SOURCE-
    (Pub. L. 93-629, Sec. 15, as added Pub. L. 101-624, title XIV, Sec.
    1453, Nov. 28, 1990, 104 Stat. 3611.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The National Environmental Policy Act of 1969, referred to in
    subsec. (b), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
    amended, which is classified generally to chapter 55 (Sec. 4321 et
    seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4321 of Title 42 and Tables.
      The Endangered Species Act of 1973, referred to in subsec.
    (e)(7), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended,
    which is classified generally to chapter 35 (Sec. 1531 et seq.) of
    Title 16, Conservation. For complete classification of this Act to
    the Code, see Short Title note set out under section 1531 of Title
    16 and Tables.
 


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