Animal and 

Plant Health 

Inspection 

Service 

Plant 

Protection and 

Quarantine 

Professional 

Development 

Center 

June 2014 

Plant Protection Act 

(As Amended, December 23, 2004) 

 
28–1

28. PLANT PROTECTION ACT

[As Amended Through Public Law 108–498, Dec. 23, 2004]

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1 This table of contents is up-to-date and is included for the convenience of the reader.

28. PLANT PROTECTION ACT

Title IV of the Agricultural Risk Protection Act of 2000 (Public Law

106–224)

TABLE OF CONTENTS 1

* * * * * * *

TITLE IV—PLANT PROTECTION ACT

Sec. 401. Short title.

Sec. 402. Findings.

Sec. 403. Definitions.

SUBTITLE A—PLANT PROTECTION

Sec. 411. Regulation of movement of plant pests.

Sec. 412. Regulation of movement of plants, plant products, biological control

organisms, noxious weeds, articles, and means of conveyance.

Sec. 413. Notification and holding requirements upon arrival.

Sec. 414. General remedial measures for new plant pests and noxious weeds.

Sec. 415. Declaration of extraordinary emergency and resulting authorities.

Sec. 416. Recovery of compensation for unauthorized activities.

Sec. 417. Control of grasshoppers and mormon crickets.

Sec. 418. Certification for exports.

Sec. 419. Methyl bromide.

SUBTITLE B—INSPECTION AND ENFORCEMENT

Sec. 421. Inspections, seizures, and warrants.

Sec. 422. Collection of information.

Sec. 423. Subpoena authority.

Sec. 424. Penalties for violation.

Sec. 425. Enforcement actions of Attorney General.

Sec. 426. Court jurisdiction.

SUBTITLE C—MISCELLANEOUS PROVISIONS

Sec. 431. Cooperation.

Sec. 432. Buildings, land, people, claims, and agreements.

Sec. 433. Reimbursable agreements.

Sec. 434. Regulations and orders.

Sec. 435. Protection for mail handlers.

Sec. 436. Preemption.

Sec. 437. Severability.

Sec. 438. Repeal of superseded laws.

SUBTITLE D—AUTHORIZATION OF APPROPRIATIONS

Sec. 441. Authorization of appropriations.

Sec. 442. Transfer authority.

SUBTITLE E—NOXIOUS WEED CONTROL AND ERADICATION

Sec. 451. Short title.

Sec. 452. Definitions.

Sec. 453. Establishment of program.

Sec. 454. Grants to weed management entities.

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Sec. 455. Agreements.

Sec. 456. Relationship to other programs.

Sec. 457. Authorization of Appropriations.

TITLE IV—PLANT PROTECTION ACT

SEC. 401. ø7 U.S.C. 7701 note¿ SHORT TITLE.

This title may be cited as the ‘‘Plant Protection Act’’.

SEC. 402. ø7 U.S.C. 7701¿ FINDINGS.

Congress finds that—

(1) the detection, control, eradication, suppression, prevention, or retardation of the spread of plant pests or noxious

weeds is necessary for the protection of the agriculture, environment, and economy of the United States;

(2) biological control is often a desirable, low-risk means of

ridding crops and other plants of plant pests and noxious

weeds, and its use should be facilitated by the Department of

Agriculture, other Federal agencies, and States whenever feasible;

(3) it is the responsibility of the Secretary to facilitate exports, imports, and interstate commerce in agricultural products and other commodities that pose a risk of harboring plant

pests or noxious weeds in ways that will reduce, to the extent

practicable, as determined by the Secretary, the risk of dissemination of plant pests or noxious weeds;

(4) decisions affecting imports, exports, and interstate

movement of products regulated under this title shall be based

on sound science;

(5) the smooth movement of enterable plants, plant products, biological control organisms, or other articles into, out of,

or within the United States is vital to the United State’s economy and should be facilitated to the extent possible;

(6) export markets could be severely impacted by the introduction or spread of plant pests or noxious weeds into or within the United States;

(7) the unregulated movement of plant pests, noxious

weeds, plants, certain biological control organisms, plant products, and articles capable of harboring plant pests or noxious

weeds could present an unacceptable risk of introducing or

spreading plant pests or noxious weeds;

(8) the existence on any premises in the United States of

a plant pest or noxious weed new to or not known to be widely

prevalent in or distributed within and throughout the United

States could constitute a threat to crops and other plants or

plant products of the United States and burden interstate commerce or foreign commerce; and

(9) all plant pests, noxious weeds, plants, plant products,

articles capable of harboring plant pests or noxious weeds regulated under this title are in or affect interstate commerce or

foreign commerce.

SEC. 403. ø7 U.S.C. 7702¿ DEFINITIONS.

In this title:

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(1) ARTICLE.—The term ‘‘article’’ means any material or

tangible object that could harbor plant pests or noxious weeds.

(2) BIOLOGICAL CONTROL ORGANISM.—The term ‘‘biological

control organism’’ means any enemy, antagonist, or competitor

used to control a plant pest or noxious weed.

(3) ENTER AND ENTRY.—The terms ‘‘enter’’ and ‘‘entry’’

mean to move into, or the act of movement into, the commerce

of the United States.

(4) EXPORT AND EXPORTATION.—The terms ‘‘export’’ and

‘‘exportation’’ mean to move from, or the act of movement from,

the United States to any place outside the United States.

(5) IMPORT AND IMPORTATION.—The terms ‘‘import’’ and

‘‘importation’’ mean to move into, or the act of movement into,

the territorial limits of the United States.

(6) INTERSTATE.—The term ‘‘interstate’’ means—

(A) from one State into or through any other State; or

(B) within the District of Columbia, Guam, the Virgin

Islands of the United States, or any other territory or possession of the United States.

(7) INTERSTATE COMMERCE.—The term ‘‘interstate commerce’’ means trade, traffic, or other commerce—

(A) between a place in a State and a point in another

State, or between points within the same State but

through any place outside that State; or

(B) within the District of Columbia, Guam, the Virgin

Islands of the United States, or any other territory or possession of the United States.

(8) MEANS OF CONVEYANCE.—The term ‘‘means of conveyance’’ means any personal property used for or intended for use

for the movement of any other personal property.

(9) MOVE AND RELATED TERMS.—The terms ‘‘move’’, ‘‘moving’’, and ‘‘movement’’ mean—

(A) to carry, enter, import, mail, ship, or transport;

(B) to aid, abet, cause, or induce the carrying, entering, importing, mailing, shipping, or transporting;

(C) to offer to carry, enter, import, mail, ship, or transport;

(D) to receive to carry, enter, import, mail, ship, or

transport;

(E) to release into the environment; or

(F) to allow any of the activities described in a preceding subparagraph.

(10) NOXIOUS WEED.—The term ‘‘noxious weed’’ means any

plant or plant product that can directly or indirectly injure or

cause damage to crops (including nursery stock or plant products), livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources of the United States,

the public health, or the environment.

(11) PERMIT.—The term ‘‘permit’’ means a written or oral

authorization, including by electronic methods, by the Secretary to move plants, plant products, biological control organisms, plant pests, noxious weeds, or articles under conditions

prescribed by the Secretary.

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(12) PERSON.—The term ‘‘person’’ means any individual,

partnership, corporation, association, joint venture, or other

legal entity.

(13) PLANT.—The term ‘‘plant’’ means any plant (including

any plant part) for or capable of propagation, including a tree,

a tissue culture, a plantlet culture, pollen, a shrub, a vine, a

cutting, a graft, a scion, a bud, a bulb, a root, and a seed.

(14) PLANT PEST.—The term ‘‘plant pest’’ means any living

stage of any of the following that can directly or indirectly injure, cause damage to, or cause disease in any plant or plant

product:

(A) A protozoan.

(B) A nonhuman animal.

(C) A parasitic plant.

(D) A bacterium.

(E) A fungus.

(F) A virus or viroid.

(G) An infectious agent or other pathogen.

(H) Any article similar to or allied with any of the articles specified in the preceding subparagraphs.

(15) PLANT PRODUCT.—The term ‘‘plant product’’ means—

(A) any flower, fruit, vegetable, root, bulb, seed, or

other plant part that is not included in the definition of

plant; or

(B) any manufactured or processed plant or plant part.

(16) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture.

(17) STATE.—The term ‘‘State’’ means any of the several

States of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the

District of Columbia, Guam, the Virgin Islands of the United

States, or any other territory or possession of the United

States.

(18) SYSTEMS APPROACH.—For the purposes of section

412(e), the term ‘‘systems approach’’ means a defined set of

phytosanitary procedures, at least two of which have an independent effect in mitigating pest risk associated with the

movement of commodities.

(19) THIS TITLE.—Except when used in this section, the

term ‘‘this title’’ includes any regulation or order issued by the

Secretary under the authority of this title.

(20) UNITED STATES.—The term ‘‘United States’’ means all

of the States.

Subtitle A—Plant Protection

SEC. 411. ø7 U.S.C. 7711¿ REGULATION OF MOVEMENT OF PLANT

PESTS.

(a) PROHIBITION OF UNAUTHORIZED MOVEMENT OF PLANT

PESTS.—Except as provided in subsection (c), no person shall import, enter, export, or move in interstate commerce any plant pest,

unless the importation, entry, exportation, or movement is authorized under general or specific permit and is in accordance with

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such regulations as the Secretary may issue to prevent the introduction of plant pests into the United States or the dissemination

of plant pests within the United States.

(b) REQUIREMENTS FOR PROCESSES.—The Secretary shall ensure that the processes used in developing regulations under subsection (a) governing consideration of import requests are based on

sound science and are transparent and accessible.

(c) AUTHORIZATION OF MOVEMENT OF PLANT PESTS BY REGULATION.—

(1) EXCEPTION TO PERMIT REQUIREMENT.—The Secretary

may issue regulations to allow the importation, entry, exportation, or movement in interstate commerce of specified plant

pests without further restriction if the Secretary finds that a

permit under subsection (a) is not necessary.

(2) PETITION TO ADD OR REMOVE PLANT PESTS FROM REGULATION.—Any person may petition the Secretary to add a plant

pest to, or remove a plant pest from, the regulations issued by

the Secretary under paragraph (1).

(3) RESPONSE TO PETITION BY THE SECRETARY.—In the case

of a petition submitted under paragraph (2), the Secretary

shall act on the petition within a reasonable time and notify

the petitioner of the final action the Secretary takes on the petition. The Secretary’s determination on the petition shall be

based on sound science.

(d) PROHIBITION OF UNAUTHORIZED MAILING OF PLANT

PESTS.—

(1) IN GENERAL.—Any letter, parcel, box, or other package

containing any plant pest, whether sealed as letter-rate postal

matter or not, is nonmailable and shall not knowingly be conveyed in the mail or delivered from any post office or by any

mail carrier, unless the letter, parcel, box, or other package is

mailed in compliance with such regulations as the Secretary

may issue to prevent the dissemination of plant pests into the

United States or interstate.

(2) APPLICATION OF POSTAL LAWS AND REGULATIONS.—

Nothing in this subsection authorizes any person to open any

mailed letter or other mailed sealed matter except in accordance with the postal laws and regulations.

(e) REGULATIONS.—Regulations issued by the Secretary to implement subsections (a), (c), and (d) may include provisions requiring that any plant pest imported, entered, to be exported, moved

in interstate commerce, mailed, or delivered from any post office—

(1) be accompanied by a permit issued by the Secretary

prior to the importation, entry, exportation, movement in interstate commerce, mailing, or delivery of the plant pest;

(2) be accompanied by a certificate of inspection issued (in

a manner and form required by the Secretary) by appropriate

officials of the country or State from which the plant pest is

to be moved;

(3) be raised under post-entry quarantine conditions by or

under the supervision of the Secretary for the purposes of determining whether the plant pest—

(A) may be infested with other plant pests;

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(B) may pose a significant risk of causing injury to,

damage to, or disease in any plant or plant product; or

(C) may be a noxious weed; and

(4) be subject to remedial measures the Secretary determines to be necessary to prevent the spread of plant pests.

SEC. 412. ø7 U.S.C. 7712¿ REGULATION OF MOVEMENT OF PLANTS,

PLANT PRODUCTS, BIOLOGICAL CONTROL ORGANISMS,

NOXIOUS WEEDS, ARTICLES, AND MEANS OF CONVEYANCE.

(a) IN GENERAL.—The Secretary may prohibit or restrict the

importation, entry, exportation, or movement in interstate commerce of any plant, plant product, biological control organism, noxious weed, article, or means of conveyance, if the Secretary determines that the prohibition or restriction is necessary to prevent the

introduction into the United States or the dissemination of a plant

pest or noxious weed within the United States.

(b) POLICY.—The Secretary shall ensure that processes used in

developing regulations under this section governing consideration

of import requests are based on sound science and are transparent

and accessible.

(c) REGULATIONS.—The Secretary may issue regulations to implement subsection (a), including regulations requiring that any

plant, plant product, biological control organism, noxious weed, article, or means of conveyance imported, entered, to be exported, or

moved in interstate commerce—

(1) be accompanied by a permit issued by the Secretary

prior to the importation, entry, exportation, or movement in

interstate commerce;

(2) be accompanied by a certificate of inspection issued (in

a manner and form required by the Secretary) by appropriate

officials of the country or State from which the plant, plant

product, biological control organism, noxious weed, article, or

means of conveyance is to be moved;

(3) be subject to remedial measures the Secretary determines to be necessary to prevent the spread of plant pests or

noxious weeds; and

(4) with respect to plants or biological control organisms,

be grown or handled under post-entry quarantine conditions by

or under the supervision of the Secretary for the purposes of

determining whether the plant or biological control organism

may be infested with plant pests or may be a plant pest or noxious weed.

(d) NOTICE.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall publish for public comment a

notice describing the procedures and standards that govern the

consideration of import requests. The notice shall—

(1) specify how public input will be sought in advance of

and during the process of promulgating regulations necessitating a risk assessment in order to ensure a fully transparent

and publicly accessible process; and

(2) include consideration of the following:

(A) Public announcement of import requests that will

necessitate a risk assessment.

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(B) A process for assigning major/nonroutine or minor/

routine status to such requests based on current state of

supporting scientific information.

(C) A process for assigning priority to requests.

(D) Guidelines for seeking relevant scientific and economic information in advance of initiating informal rulemaking.

(E) Guidelines for ensuring availability and transparency of assumptions and uncertainties in the risk assessment process including applicable risk mitigation

measures relied upon individually or as components of a

system of mitigative measures proposed consistent with

the purposes of this title.

(e) STUDY AND REPORT ON SYSTEMS APPROACH.— (1) STUDY.—The Secretary shall conduct a study of the role

for and application of systems approaches designed to guard

against the introduction of plant pathogens into the United

States associated with proposals to import plants or plant

products into the United States.

(2) PARTICIPATION BY SCIENTISTS.—In conducting the study

the Secretary shall ensure participation by scientists from

State departments of agriculture, colleges and universities, the

private sector, and the Agricultural Research Service.

(3) REPORT.—Not later than 2 years after the date of the

enactment of this Act, the Secretary shall submit a report on

the results of the study conducted under this section to the

Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives.

(f ) NOXIOUS WEEDS.—

(1) REGULATIONS.—In the case of noxious weeds, the Secretary may publish, by regulation, a list of noxious weeds that

are prohibited or restricted from entering the United States or

that are subject to restrictions on interstate movement within

the United States.

(2) PETITION TO ADD OR REMOVE PLANTS FROM REGULATION.—Any person may petition the Secretary to add a plant

species to, or remove a plant species from, the regulations

issued by the Secretary under this subsection.

(3) DUTIES OF THE SECRETARY.—In the case of a petition

submitted under paragraph (2), the Secretary shall act on the

petition within a reasonable time and notify the petitioner of

the final action the Secretary takes on the petition. The Secretary’s determination on the petition shall be based on sound

science.

(g) BIOLOGICAL CONTROL ORGANISMS.—

(1) REGULATIONS.—In the case of biological control organisms, the Secretary may publish, by regulation, a list of organisms whose movement in interstate commerce is not prohibited or restricted. Any listing may take into account distinctions between organisms such as indigenous, nonindigenous,

newly introduced, or commercially raised.

(2) PETITION TO ADD OR REMOVE BIOLOGICAL CONTROL ORGANISMS FROM THE REGULATIONS.—Any person may petition

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the Secretary to add a biological control organism to, or remove

a biological control organism from, the regulations issued by

the Secretary under this subsection.

(3) DUTIES OF THE SECRETARY.—In the case of a petition

submitted under paragraph (2), the Secretary shall act on the

petition within a reasonable time and notify the petitioner of

the final action the Secretary takes on the petition. The Secretary’s determination on the petition shall be based on sound

science.

SEC. 413. ø7 U.S.C. 7713¿ NOTIFICATION AND HOLDING REQUIREMENTS

UPON ARRIVAL.

(a) DUTY OF SECRETARY OF THE TREASURY.—

(1) NOTIFICATION.—The Secretary of the Treasury shall

promptly notify the Secretary of Agriculture of the arrival of

any plant, plant product, biological control organism, plant

pest, or noxious weed at a port of entry.

(2) HOLDING.—The Secretary of the Treasury shall hold a

plant, plant product, biological control organism, plant pest, or

noxious weed for which notification is made under paragraph

(1) at the port of entry until the plant, plant product, biological

control organism, plant pest, or noxious weed—

(A) is inspected and authorized for entry into or transit movement through the United States; or

(B) is otherwise released by the Secretary of Agriculture.

(3) EXCEPTIONS.—Paragraphs (1) and (2) shall not apply to

any plant, plant product, biological control organism, plant

pest, or noxious weed that is imported from a country or region

of a country designated by the Secretary of Agriculture, pursuant to regulations, as exempt from the requirements of such

paragraphs.

(b) DUTY OF RESPONSIBLE PARTIES.—

(1) NOTIFICATION.—The person responsible for any plant,

plant product, biological control organism, plant pest, noxious

weed, article, or means of conveyance required to have a permit under section 411 or 412 shall provide the notification described in paragraph (3) as soon as possible after the arrival

of the plant, plant product, biological control organism, plant

pest, noxious weed, article, or means of conveyance at a port

of entry and before the plant, plant product, biological control

organism, plant pest, noxious weed, article, or means of conveyance is moved from the port of entry.

(2) SUBMISSION.—The notification shall be provided to the

Secretary, or, at the Secretary’s direction, to the proper official

of the State to which the plant, plant product, biological control

organism, plant pest, noxious weed, article, or means of conveyance is destined, or both, as the Secretary may prescribe.

(3) ELEMENTS OF NOTIFICATION.—The notification shall

consist of the following:

(A) The name and address of the consignee.

(B) The nature and quantity of the plant, plant product, biological control organism, plant pest, noxious weed,

article, or means of conveyance proposed to be moved.

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(C) The country and locality where the plant, plant

product, biological control organism, plant pest, noxious

weed, article, or means of conveyance was grown, produced, or located.

(c) PROHIBITION ON MOVEMENT OF ITEMS WITHOUT AUTHORIZATION.—No person shall move from a port of entry or interstate any

imported plant, plant product, biological control organism, plant

pest, noxious weed, article, or means of conveyance unless the imported plant, plant product, biological control organism, plant pest,

noxious weed, article, or means of conveyance—

(1) is inspected and authorized for entry into or transit

movement through the United States; or

(2) is otherwise released by the Secretary.

SEC. 414. ø7 U.S.C. 7714¿ GENERAL REMEDIAL MEASURES FOR NEW

PLANT PESTS AND NOXIOUS WEEDS.

(a) AUTHORITY TO HOLD, TREAT, OR DESTROY ITEMS.—If the

Secretary considers it necessary in order to prevent the dissemination of a plant pest or noxious weed that is new to or not known

to be widely prevalent or distributed within and throughout the

United States, the Secretary may hold, seize, quarantine, treat,

apply other remedial measures to, destroy, or otherwise dispose of

any plant, plant pest, noxious weed, biological control organism,

plant product, article, or means of conveyance that—

(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 believe 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 compliance 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) to treat, apply other remedial

measures to, destroy, or otherwise dispose of the plant, biological control organism, plant product, plant pest, noxious weed,

article, or means of conveyance, without cost to the Federal

Government and in the manner the Secretary considers appropriate.

(2) FAILURE TO COMPLY.—If 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 the costs of any care, handling, application of remedial measures, or disposal incurred by the Secretary in connection with actions taken under subsection (a).

(c) CLASSIFICATION SYSTEM.—

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(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 current geographic distribution, relative threat, and actions initiated to prevent introduction or distribution.

(2) MANAGEMENT PLANS.—In conjunction 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, plant 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. ø7 U.S.C. 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.—The Secretary may

take action under this section only upon finding, after review and

consultation with the Governor or other appropriate official of the

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State affected, that the measures being taken by the State are inadequate to eradicate the plant pest or noxious weed.

(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.—If it is not possible to file for

publication in the Federal Register prior to taking action, the

filing shall be made within a reasonable time, not to exceed 10

business days, after commencement of the action.

(d) APPLICATION OF LEAST DRASTIC ACTION.—No plant, biological control organism, plant 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.

(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 or a 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.

SEC. 416. ø7 U.S.C. 7716¿ RECOVERY OF COMPENSATION FOR UNAUTHORIZED ACTIVITIES.

(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

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where the owner is found, resides, transacts business, is licensed

to do business, or is incorporated.

SEC. 417. ø7 U.S.C. 7717¿ CONTROL OF GRASSHOPPERS AND MORMON

CRICKETS.

(a) IN GENERAL.—Subject to the availability of funds pursuant

to this section, the Secretary shall carry out a program to control

grasshoppers and Mormon crickets on all Federal lands to protect

rangeland.

(b) TRANSFER AUTHORITY.—

(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 actual or potential grasshopper and Mormon cricket

outbreaks on Federal lands under the jurisdiction of the Secretary of the Interior. The transferred funds shall be available

only for the payment of obligations incurred on such Federal

lands.

(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.—Funds 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 promptly 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

or the agriculture department of an affected State, the Secretary, to protect rangeland, shall immediately treat Federal,

State, or private lands that are infested with grasshoppers or

Mormon crickets at levels of economic infestation, unless the

Secretary determines that delaying treatment will not cause

greater economic damage to adjacent owners of rangeland.

(2) OTHER PROGRAMS.—In carrying out this section, the

Secretary shall work in conjunction with other Federal, State,

and private prevention, control, or suppression efforts to protect rangeland.

(d) FEDERAL COST SHARE OF TREATMENT.—

(1) CONTROL ON FEDERAL LANDS.—Out of funds made

available or transferred under this section, the Secretary shall

pay 100 percent of the cost of grasshopper or Mormon cricket

control on Federal lands to protect rangeland.

(2) CONTROL ON STATE LANDS.—Out of funds made available under this section, the Secretary shall pay 50 percent of

the cost of grasshopper or Mormon cricket control on State

lands.

(3) CONTROL ON PRIVATE LANDS.—Out of funds made available under this section, the Secretary shall pay 33.3 percent of

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December 23, 2004 
28–15 Sec. 419 PLANT PROTECTION ACT

the cost of grasshopper or Mormon cricket control on private

lands.

(e) TRAINING.—From appropriated funds made available or

transferred by the Secretary of the Interior to the Secretary of Agriculture for such purposes, the Secretary of Agriculture shall provide adequate funding for a program to train personnel to accomplish effectively the objective of this section.

SEC. 418. ø7 U.S.C. 7718¿ CERTIFICATION FOR EXPORTS.

The Secretary may certify as to the freedom of plants, plant

products, or biological control organisms from plant pests or noxious weeds, or the exposure of plants, plant products, or biological

control organisms to plant pests or noxious weeds, according to the

phytosanitary or other requirements of the countries to which the

plants, plant products, or biological control organisms may be exported.

SEC. 419. ø7 U.S.C. 7719¿ METHYL BROMIDE.

(a) IN GENERAL.—The Secretary, upon request of State, local,

or tribal authorities, shall determine whether methyl bromide

treatments or applications required by State, local, or tribal authorities to prevent the introduction, establishment, or spread of

plant pests (including diseases) or noxious weeds should be authorized as an official control or official requirement. The Secretary

shall not authorize such treatments or applications unless the Secretary finds there is no other registered, effective, and economically

feasible alternative available.

(b) METHYL BROMIDE ALTERNATIVE.—The Secretary, in consultation with State, local and tribal authorities, shall establish a

program to identify alternatives to methyl bromide for treatment

and control of plant pests and weeds. For uses where no registered,

effective, economically feasible alternatives available can currently

be identified, the Secretary shall initiate research programs to develop alternative methods of control and treatment.

(c) REGISTRY.—Not later than 180 days after the date of enactment of this section, the Secretary shall publish, and thereafter

maintain, a registry of State, local, and tribal requirements authorized by the Secretary under this section.

(d) ADMINISTRATION.—

(1) TIMELINE FOR DETERMINATION.—Upon the promulgation of regulations to carry out this section, the Secretary shall

make the determination required by subsection (a) not later

than 90 days after receiving the request for such a determination.

(2) CONSTRUCTION.—Nothing in this section shall be construed to alter or modify the authority of the Administrator of

the Environmental Protection Agency or to provide any authority to the Secretary of Agriculture under the Clean Air Act or

regulations promulgated under the Clean Air Act.

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December 23, 2004 
Sec. 421 PLANT PROTECTION ACT 28–16

Subtitle B—Inspection and Enforcement

SEC. 421. ø7 U.S.C. 7731¿ INSPECTIONS, SEIZURES, AND WARRANTS.

(a) ROLE OF ATTORNEY GENERAL.—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 plant, plant product,

biological control organism, plant pest, noxious weed, or article

subject to this title;

(2) in interstate commerce, upon probable cause to believe

that the person or means of conveyance is carrying any plant,

plant product, biological control organism, plant pest, noxious

weed, or article subject to this title; and

(3) in intrastate commerce from or within any State, portion of a State, or premises quarantined as part of a extraordinary emergency declared under section 415 upon probable

cause to believe that the person or means of conveyance is carrying any plant, plant product, biological control organism,

plant pest, noxious weed, or article regulated under that section or is moving subject to that section.

(c) INSPECTIONS WITH A WARRANT.—

(1) GENERAL AUTHORITY.—The Secretary may enter, with

a warrant, any premises in the United States for the purpose

of conducting investigations or making inspections and seizures under this title.

(2) APPLICATION AND ISSUANCE OF A WARRANT.—Upon

proper oath or affirmation showing probable cause to believe

that there is on certain premises any plant, plant product, biological control organism, plant pest, noxious weed, article, facility, or means of conveyance regulated under this title, a United

States judge, a judge of a court of record in the United States,

or a United States magistrate judge may, within the judge’s or

magistrate’s jurisdiction, issue a warrant for the entry upon

the premises to conduct any investigation or make any inspection or seizure under this title. The warrant may be applied for

and executed by the Secretary or any United States Marshal.

SEC. 422. ø7 U.S.C. 7732¿ COLLECTION OF INFORMATION.

The Secretary may gather and compile information and conduct any investigations the Secretary considers necessary for the

administration and enforcement of this title.

SEC. 423. ø7 U.S.C. 7733¿ SUBPOENA AUTHORITY.

(a) AUTHORITY TO ISSUE.—The Secretary shall have power to

subpoena the attendance and testimony of any witness, and the

production of all documentary evidence relating to the administration or enforcement of this title or any matter under investigation

in connection with this title.

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December 23, 2004 
28–17 Sec. 424 PLANT PROTECTION ACT

(b) LOCATION OF PRODUCTION.—The attendance of any witness

and production of documentary evidence relevant to the inquiry

may be required from any place in the United States.

(c) ENFORCEMENT OF SUBPOENA.—In the case of disobedience

to a subpoena by any person, the Secretary may request the Attorney General to invoke the aid of any court of the United States

within the jurisdiction in which the investigation is conducted, or

where the person resides, is found, transacts business, is licensed

to do business, or is incorporated, in requiring the attendance and

testimony of any witness and the production of documentary evidence. In case of a refusal to obey a subpoena issued to any person,

a court may order the person to appear before the Secretary and

give evidence concerning the matter in question or to produce documentary evidence. Any failure to obey the court’s order may be

punished by the court as a contempt of the court.

(d) COMPENSATION.—Witnesses summoned by the Secretary

shall be paid the same fees and mileage that are paid to witnesses

in courts of the United States, and witnesses whose depositions are

taken and the persons taking the depositions shall be entitled to

the same fees that are paid for similar services in the courts of the

United States.

(e) PROCEDURES.—The Secretary shall publish procedures for

the issuance of subpoenas under this section. Such procedures shall

include a requirement that subpoenas be reviewed for legal sufficiency and signed by the Secretary. If the authority to sign a subpoena is delegated to an agency other than the Office of Administrative Law Judges, the agency receiving the delegation shall seek

review for legal sufficiency outside that agency.

SEC. 424. ø7 U.S.C. 7734¿ PENALTIES FOR VIOLATION.

(a) CRIMINAL PENALTIES.—

(1) OFFENSES.—

(A) IN GENERAL.—A person that knowingly violates

this title, or knowingly forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided

for in this title shall be fined under title 18, United States

Code, imprisoned not more than 1 year, or both.

(B) MOVEMENT.—A person that knowingly imports, enters, exports, or moves any plant, plant product, biological

control organism, plant pest, noxious weed, or article, for

distribution or sale, in violation of this title, shall be fined

under title 18, United States Code, imprisoned not more

than 5 years, or both.

(2) MULTIPLE VIOLATIONS.—On the second and any subsequent conviction of a person of a violation of this title under

paragraph (1), the person shall be fined under title 18, United

States Code, imprisoned not more than 10 years, or both.

(b) CIVIL PENALTIES.—

(1) IN GENERAL.—Any person that violates this title, or

that forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certificate, permit,

or other document provided for in this title may, after notice

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December 23, 2004 
Sec. 425 PLANT PROTECTION ACT 28–18

and opportunity for a hearing on the record, be assessed a civil

penalty by the Secretary that does not exceed the greater of— (A) $50,000 in the case of any individual (except that the civil penalty may not exceed $1,000 in the case of an

initial violation of this title by an individual moving regulated articles not for monetary gain), $250,000 in the case

of any other person for each violation, and $500,000 for all

violations adjudicated in a single proceeding; or

(B) twice the gross gain or gross loss for any violation,

forgery, counterfeiting, unauthorized use, defacing, or destruction of a certificate, permit, or other document provided for in this title that results in the person deriving

pecuniary gain or causing pecuniary loss to another.

(2) FACTORS IN DETERMINING CIVIL PENALTY.—In determining the amount of a civil penalty, the Secretary shall take

into account the nature, circumstance, extent, and gravity of

the violation or violations and the Secretary may consider,

with respect to the violator—

(A) ability to pay;

(B) effect on ability to continue to do business;

(C) any history of prior violations;

(D) the degree of culpability; and

(E) any other factors the Secretary considers appropriate.

(3) SETTLEMENT OF CIVIL PENALTIES.—The Secretary may

compromise, modify, or remit, with or without conditions, any

civil penalty that may be assessed under this subsection.

(4) FINALITY OF ORDERS.—The order of the Secretary assessing a civil penalty shall be treated as a final order reviewable under chapter 158 of title 28, United States Code. The validity of the Secretary’s order may not be reviewed in an action

to collect the civil penalty. Any civil penalty not paid in full

when due under an order assessing the civil penalty shall

thereafter accrue interest until paid at the rate of interest applicable to civil judgments of the courts of the United States.

(c) LIABILITY FOR ACTS OF AN AGENT.—When construing and

enforcing this title, the act, omission, or failure of any officer,

agent, or person acting for or employed by any other person within

the scope of his or her employment or office, shall be deemed also

to be the act, omission, or failure of the other person.

(d) GUIDELINES FOR CIVIL PENALTIES.—The Secretary shall coordinate with the Attorney General to establish guidelines to determine under what circumstances the Secretary may issue a civil

penalty or suitable notice of warning in lieu of prosecution by the

Attorney General of a violation of this title.

SEC. 425. ø7 U.S.C. 7735¿ ENFORCEMENT ACTIONS OF ATTORNEY GENERAL.

The Attorney General may—

(1) prosecute, in the name of the United States, all criminal violations of this title that are referred to the Attorney

General by the Secretary or are brought to the notice of the Attorney General by any person;

(2) bring an action to enjoin the violation of or to compel

compliance with this title, or to enjoin any interference by any

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December 23, 2004 
28–19 Sec. 431 PLANT PROTECTION ACT

person with the Secretary in carrying out this title, whenever

the Secretary has reason to believe that the person has violated, or is about to violate this title, or has interfered, or is

about to interfere, with the Secretary; and

(3) bring an action for the recovery of any unpaid civil penalty, funds under reimbursable agreements, late payment penalty, or interest assessed under this title.

SEC. 426. ø7 U.S.C. 7736¿ COURT JURISDICTION.

(a) IN GENERAL.—The United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the

highest court of American Samoa, and the United States courts of

other territories and possessions are vested with jurisdiction in all

cases arising under this title. Any action arising under this title

may be brought, and process may be served, in the judicial district

where a violation or interference occurred or is about to occur, or

where the person charged with the violation, interference, impending violation, impending interference, or failure to pay resides, is

found, transacts business, is licensed to do business, or is incorporated.

(b) EXCEPTION.—This section does not apply to the imposition

of civil penalties under section 424(b).

Subtitle C—Miscellaneous Provisions

SEC. 431. ø7 U.S.C. 7751¿ COOPERATION.

(a) IN GENERAL.—The Secretary may cooperate with other Federal agencies or entities, States or political subdivisions of States,

national governments, local governments of other nations, domestic

or international organizations, domestic or international associations, and other persons to carry out this title.

(b) RESPONSIBILITY.—The individual or entity cooperating with

the Secretary under subsection (a) shall be responsible for—

(1) the authority necessary to conduct the operations or

take measures on all land and properties within the foreign

country or State, other than those owned or controlled by the

United States; and

(2) other facilities and means as the Secretary determines

necessary.

(c) TRANSFER OF BIOLOGICAL CONTROL METHODS.—The Secretary may transfer to a State, Federal agency, or other person biological control methods using biological control organisms against

plant pests or noxious weeds.

(d) COOPERATION IN PROGRAM ADMINISTRATION.—The Secretary may cooperate with State authorities or other persons in the

administration of programs for the improvement of plants, plant

products, and biological control organisms.

(e) PHYTOSANITARY ISSUES.—The Secretary shall ensure that

phytosanitary issues involving imports and exports are addressed

based on sound science and consistent with applicable international

agreements. To accomplish these goals, the Secretary may—

(1) conduct direct negotiations with plant health officials

or other appropriate officials of other countries;

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December 23, 2004 
Sec. 432 PLANT PROTECTION ACT 28–20

(2) provide technical assistance, training, and guidance to

any country requesting such assistance in the development of

agricultural health protection systems and import/export systems; and

(3) maintain plant health and quarantine expertise in

other countries—

(A) to facilitate the establishment of phytosanitary

systems and the resolution of phytosanitary issues;

(B) to assist those countries with agricultural health

protection activities; and

(C) to provide general liaison on agricultural health

issues with the plant health or other appropriate officials

of the country.

SEC. 432. ø7 U.S.C. 7752¿ BUILDINGS, LAND, PEOPLE, CLAIMS, AND

AGREEMENTS.

(a) IN GENERAL.—To the extent necessary to carry out this

title, the Secretary may acquire and maintain all real or personal

property for special purposes and employ any persons, make

grants, and enter into any contracts, cooperative agreements,

memoranda of understanding, or other agreements.

(b) TORT CLAIMS.—

(1) IN GENERAL.—Except as provided in paragraph (2), the

Secretary may pay tort claims in the manner authorized in the

first paragraph of section 2672 of title 28, United States Code,

when the claims arise outside the United States in connection

with activities that are authorized under this title.

(2) REQUIREMENTS OF CLAIM.—A claim may not be allowed

under this subsection unless the claim is presented in writing

to the Secretary within 2 years after the date on which the

claim accrues.

SEC. 433. ø7 U.S.C. 7753¿ REIMBURSABLE AGREEMENTS.

(a) AUTHORITY TO ENTER INTO AGREEMENTS.—The Secretary

may enter into reimbursable fee agreements with persons for

preclearance of plants, plant products, biological control organisms,

and articles at locations outside the United States for movement

into the United States.

(b) FUNDS COLLECTED FOR PRECLEARANCE.—Funds collected

for preclearance shall be credited to accounts which may be established by the Secretary for this purpose and shall remain available

until expended for the preclearance activities without fiscal year

limitation.

(c) PAYMENT OF EMPLOYEES.—

(1) IN GENERAL.—Notwithstanding any other law, the Secretary may pay employees of the Department of Agriculture

performing services relating to imports into and exports from

the United States, for all overtime, night, or holiday work performed by them, at rates of pay established by the Secretary.

(2) REIMBURSEMENT OF THE SECRETARY.—

(A) IN GENERAL.—The Secretary may require persons

for whom the services are performed to reimburse the Secretary for any sums of money paid by the Secretary for the

services.

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December 23, 2004 
28–21 Sec. 436 PLANT PROTECTION ACT

(B) USE OF FUNDS.—All funds collected under this

paragraph shall be credited to the account that incurs the

costs and shall remain available until expended without

fiscal year limitation.

(d) LATE PAYMENT PENALTIES.— (1) COLLECTION.—Upon failure to reimburse the Secretary

in accordance with this section, the Secretary may assess a

late payment penalty, and the overdue funds shall accrue interest, as required by section 3717 of title 31, United States

Code.

(2) USE OF FUNDS.—Any late payment penalty and any accrued interest shall be credited to the account that incurs the

costs and shall remain available until expended without fiscal

year limitation.

SEC. 434. ø7 U.S.C. 7754¿ REGULATIONS AND ORDERS.

The Secretary may issue such regulations and orders as the

Secretary considers necessary to carry out this title.

SEC. 435. ø7 U.S.C. 7755¿ PROTECTION FOR MAIL HANDLERS.

This title shall not apply to any employee of the United States

in the performance of the duties of the employee in handling the

mail.

SEC. 436. ø7 U.S.C. 7756¿ PREEMPTION.

(a) REGULATION OF FOREIGN COMMERCE.—No State or political

subdivision of a State may regulate in foreign commerce any article, means of conveyance, plant, biological control organism, plant

pest, noxious weed, or plant product in order—

(1) to control a plant pest or noxious weed;

(2) to eradicate a plant pest or noxious weed; or

(3) prevent the introduction or dissemination of a biological control organism, plant pest, or noxious weed.

(b) REGULATION OF INTERSTATE COMMERCE.— (1) IN GENERAL.—Except as provided in paragraph (2), no

State or political subdivision of a State may regulate the movement in interstate commerce of any article, means of conveyance, plant, biological control organism, plant pest, noxious

weed, or plant product in order to control a plant pest or noxious weed, eradicate a plant pest or noxious weed, or prevent

the introduction or dissemination of a biological control organism, plant pest, or noxious weed, if the Secretary has issued

a regulation or order to prevent the dissemination of the biological control organism, plant pest, or noxious weed within the

United States.

(2) EXCEPTIONS.—

(A) REGULATIONS CONSISTENT WITH FEDERAL REGULATIONS.—A State or a political subdivision of a State may

impose prohibitions or restrictions upon the movement in

interstate commerce of articles, means of conveyance,

plants, biological control organisms, plant pests, noxious

weeds, or plant products that are consistent with and do

not exceed the regulations or orders issued by the Secretary.

(B) SPECIAL NEED.—A State or political subdivision of

a State may impose prohibitions or restrictions upon the

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December 23, 2004 
Sec. 437 PLANT PROTECTION ACT 28–22

movement in interstate commerce of articles, means of

conveyance, plants, plant products, biological control organisms, plant pests, or noxious weeds that are in addition

to the prohibitions or restrictions imposed by the Secretary, if the State or political subdivision of a State demonstrates to the Secretary and the Secretary finds that

there is a special need for additional prohibitions or restrictions based on sound scientific data or a thorough risk

assessment.

SEC. 437. ø7 U.S.C. 7757¿ SEVERABILITY.

If any provision of this title or application of any provision of

this title to any person or circumstances is held invalid, the remainder of this title and the application of the provision to other

persons and circumstances shall not be affected by the invalidity.

SEC. 438. ø7 U.S.C. 7758¿ REPEAL OF SUPERSEDED LAWS.

(a) REPEAL.—The following provisions of law are repealed:

(1) The Act of August 20, 1912 (commonly known as the

‘‘Plant Quarantine Act’’) (7 U.S.C. 151–164a, 167).

(2) The Federal Plant Pest Act (7 U.S.C. 150aa et seq. and

7 U.S.C. 147a note).

(3) Subsections (a) through (e) of section 102 of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 147a).

(4) The Federal Noxious Weed Act of 1974 (7 U.S.C. 2801

et seq.), except the first section and section 15 of that Act (7

U.S.C. 2801 note and 7 U.S.C. 2814).

(5) The Act of January 31, 1942 (commonly known as the

‘‘Mexican Border Act’’) (7 U.S.C. 149).

(6) The Joint Resolution of April 6, 1937 (commonly known

as the ‘‘Insect Control Act’’) (7 U.S.C. 148 et seq.).

(7) The Halogeton Glomeratus Act (7 U.S.C. 1651 et seq.).

(8) The Golden Nematode Act (7 U.S.C. 150 et seq.).

(9) Section 1773 of the Food Security Act of 1985 (Public

Law 99–198; 7 U.S.C. 148f ).

(b) EMERGENCY TRANSFER AUTHORITY REGARDING PLANT

PESTS.—The first section of Public Law 97–46 (7 U.S.C. 147b) is

amended—

(1) by striking ‘‘plant pests or’’; and

(2) by striking ‘‘section 102 of the Act of September 21,

1944, as amended (7 U.S.C. 147a), and’’.

(c) EFFECT ON REGULATIONS.—Regulations issued under the

authority of a provision of law repealed by subsection (a) shall remain in effect until such time as the Secretary issues a regulation

under section 434 that supersedes the earlier regulation.

Subtitle D—Authorization of

Appropriations

SEC. 441. ø7 U.S.C. 7771¿ AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such amounts as may

be necessary to carry out this title. Except as specifically authorized by law, no part of the money appropriated under this section

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December 23, 2004 
28–23 Sec. 452 PLANT PROTECTION ACT

shall be used to pay indemnities for property injured or destroyed

by or at the direction of the Secretary.

SEC. 442. ø7 U.S.C. 7772¿ TRANSFER AUTHORITY.

(a) AUTHORITY TO TRANSFER CERTAIN FUNDS.—In connection

with an emergency in which a plant pest or noxious weed threatens

any segment of the agricultural production of the United States,

the Secretary may transfer from other appropriations or funds

available to the agencies or corporations of the Department of Agriculture such amounts as the Secretary considers necessary to be

available in the emergency for the arrest, control, eradication, and

prevention of the spread of the plant pest or noxious weed and for

related expenses.

(b) AVAILABILITY.—Any funds transferred under this section

shall remain available for such purposes without fiscal year limitation.

(c) SECRETARIAL DISCRETION.—The action of any officer, employee, or agent of the Secretary in carrying out this Act, including

determining the amount of and making any payment authorized to

be made under this title, shall not be subject to a 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.

Subtitle E—Noxious Weed Control and

Eradication

SEC. 451. ø7 U.S.C. 7701 note¿ SHORT TITLE.

This subtitle may be cited as the ‘‘Noxious Weed Control and

Eradication Act of 2004’’.

SEC. 452. ø7 U.S.C. 7781¿ DEFINITIONS.

In this subtitle:

(1) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

(2) WEED MANAGEMENT ENTITY.—The term ‘‘weed management entity’’ means an entity that—

(A) is recognized by the State in which it is established;

(B) is established for the purpose of or has demonstrable expertise and significant experience in controlling

or eradicating noxious weeds and increasing public knowledge and education concerning the need to control or eradicate noxious weeds;

(C) may be multijurisdictional and multidisciplinary in

nature;

(D) may include representatives from Federal, State,

local, or, where applicable, Indian Tribe governments, private organizations, individuals, and State-recognized conservation districts or State-recognized weed management

districts; and

(E) has existing authority to perform land management activities on Federal land if the proposed project or

activity is on Federal lands.

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Sec. 453 PLANT PROTECTION ACT 28–24

(3) FEDERAL LANDS.—The term ‘‘Federal lands’’ means

those lands owned and managed by the United States Forest

Service or the Bureau of Land Management.

SEC. 453. ø7 U.S.C. 7782¿ ESTABLISHMENT OF PROGRAM.

(a) IN GENERAL.—The Secretary shall establish a program to

provide financial and technical assistance to control or eradicate

noxious weeds.

(b) GRANTS.—Subject to the availability of appropriations

under section 457(a), the Secretary shall make grants under section 454 to weed management entities for the control or eradication

of noxious weeds.

(c) AGREEMENTS.—Subject to the availability of appropriations

under section 457(b), the Secretary shall enter into agreements

under section 455 with weed management entities to provide financial and technical assistance for the control or eradication of noxious weeds.

SEC. 454. ø7 U.S.C. 7783¿ GRANTS TO WEED MANAGEMENT ENTITIES.

(a) CONSULTATION AND CONSENT.—In carrying out a grant

under this subtitle, the weed management entity and the Secretary

shall—

(1) if the activities funded under the grant will take place

on Federal land, consult with the heads of the Federal agencies

having jurisdiction over the land; or

(2) obtain the written consent of the non-Federal landowner.

(b) GRANT CONSIDERATIONS.—In determining the amount of a

grant to a weed management entity, the Secretary shall consider—

(1) the severity or potential severity of the noxious weed

problem;

(2) the extent to which the Federal funds will be used to

leverage non-Federal funds to address the noxious weed problem;

(3) the extent to which the weed management entity has

made progress in addressing the noxious weeds problem; and

(4) other factors that the Secretary determines to be relevant.

(c) USE OF GRANT FUNDS; COST SHARES.—

(1) USE OF GRANTS.—A weed management entity that receives a grant under subsection (a) shall use the grant funds

to carry out a project authorized by subsection (d) for the control or eradication of a noxious weed.

(2) COST SHARES.—

(A) FEDERAL COST SHARE.—The Federal share of the

cost of carrying out an authorized project under this section exclusively on non-Federal land shall not exceed 50

percent.

(B) FORM OF NON-FEDERAL COST SHARE.—The non-Federal share of the cost of carrying out an authorized project

under this section may be provided in cash or in kind.

(d) AUTHORIZED PROJECTS.—Projects funded by grants under

this section include the following:

(1) Education, inventories and mapping, management,

monitoring, methods development, and other capacity building

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28–25 Sec. 455 PLANT PROTECTION ACT

activities, including the payment of the cost of personnel and

equipment that promote control or eradication of noxious

weeds.

(2) Other activities to control or eradicate noxious weeds or

promote control or eradication of noxious weeds.

(e) APPLICATION.—To be eligible to receive assistance under

this section, a weed management entity shall prepare and submit

to the Secretary an application containing such information as the

Secretary shall by regulation require.

(f) SELECTION OF PROJECTS.—Projects funded under this section shall be selected by the Secretary on a competitive basis, taking into consideration the following:

(1) The severity of the noxious weed problem or potential

problem addressed by the project.

(2) The likelihood that the project will prevent or resolve

the problem, or increase knowledge about resolving similar

problems.

(3) The extent to which the Federal funds will leverage

non-Federal funds to address the noxious weed problem addressed by the project.

(4) The extent to which the program will improve the overall capacity of the United States to address noxious weed control and management.

(5) The extent to which the weed management entity has

made progress in addressing noxious weed problems.

(6) The extent to which the project will provide a comprehensive approach to the control or eradication of noxious

weeds.

(7) The extent to which the project will reduce the total

population of noxious weeds.

(8) The extent to which the project promotes cooperation

and participation between States that have common interests

in controlling and eradicating noxious weeds.

(9) Other factors that the Secretary determines to be relevant.

(g) REGIONAL, STATE, AND LOCAL INVOLVEMENT.—In determining which projects receive funding under this section, the Secretary shall, to the maximum extent practicable—

(1) rely on technical and merit reviews provided by regional, State, or local weed management experts; and

(2) give priority to projects that maximize the involvement

of State, local and, where applicable, Indian Tribe governments.

(h) SPECIAL CONSIDERATION.—The Secretary shall give special

consideration to States with approved weed management entities

established by Indian Tribes and may provide an additional allocation to a State to meet the particular needs and projects that the

weed management entity plans to address.

SEC. 455. ø7 U.S.C. 7784¿ AGREEMENTS.

(a) CONSULTATION AND CONSENT.—In carrying out an agreement under this section, the Secretary shall—

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Sec. 455 PLANT PROTECTION ACT 28–26

(1) if the activities funded under the agreement will take

place on Federal land, consult with the heads of the Federal

agencies having jurisdiction over the land; or

(2) obtain the written consent of the non-Federal landowner.

(b) APPLICATION OF OTHER LAWS.—The Secretary may enter

into agreements under this section with weed management entities

notwithstanding sections 6301 through 6309 of title 31, United

States Code, and other laws relating to the procurement of goods

and services for the Federal Government.

(c) ELIGIBLE ACTIVITIES.—Activities carried out under an

agreement under this section may include the following:

(1) Education, inventories and mapping, management,

monitoring, methods development, and other capacity building

activities, including the payment of the cost of personnel and

equipment that promote control or eradication of noxious

weeds.

(2) Other activities to control or eradicate noxious weeds.

(d) SELECTION OF ACTIVITIES.—Activities funded under this

section shall be selected by the Secretary taking into consideration

the following:

(1) The severity of the noxious weeds problem or potential

problem addressed by the activities.

(2) The likelihood that the activity will prevent or resolve

the problem, or increase knowledge about resolving similar

problems.

(3) The extent to which the activity will provide a comprehensive approach to the control or eradication of noxious

weeds.

(4) The extent to which the program will improve the overall capacity of the United States to address noxious weed control and management.

(5) The extent to which the project promotes cooperation

and participation between States that have common interests

in controlling and eradicating noxious weeds.

(6) Other factors that the Secretary determines to be relevant.

(e) REGIONAL, STATE, AND LOCAL INVOLVEMENT.—In determining which activities receive funding under this section, the Secretary shall, to the maximum extent practicable—

(1) rely on technical and merit reviews provided by regional, State, or local weed management experts; and

(2) give priority to activities that maximize the involvement of State, local, and, where applicable, representatives of

Indian Tribe governments.

(f) RAPID RESPONSE PROGRAM.—At the request of the Governor

of a State, the Secretary may enter into a cooperative agreement

with a weed management entity in that State to enable rapid response to outbreaks of noxious weeds at a stage which rapid eradication and control is possible and to ensure eradication or immediate control of the noxious weeds if—

(1) there is a demonstrated need for the assistance;

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December 23, 2004 
28–27 Sec. 457 PLANT PROTECTION ACT

(2) the noxious weed is considered to be a significant

threat to native fish, wildlife, or their habitats, as determined

by the Secretary;

(3) the economic impact of delaying action is considered by

the Secretary to be substantial; and

(4) the proposed response to such threat—

(A) is technically feasible;

(B) economically responsible; and

(C) minimizes adverse impacts to the structure and

function of an ecosystem and adverse effects on nontarget

species and ecosystems.

SEC. 456. ø7 U.S.C. 7785¿ RELATIONSHIP TO OTHER PROGRAMS.

Funds under this Act (other than those made available for section 455(f)) are intended to supplement, not replace, assistance

available to weed management entities, areas, and districts for control or eradication of noxious weeds on Federal lands and non-Federal lands. The provision of funds to a weed management entity

under this Act (other than those made available for section 455(f))

shall have no effect on the amount of any payment received by a

county from the Federal Government under chapter 69 of title 31,

United States Code.

SEC. 457. ø7 U.S.C. 7786¿ AUTHORIZATION OF APPROPRIATIONS.

(a) GRANTS.—To carry out section 454, there are authorized to be appropriated to the Secretary $7,500,000 for each of fiscal years

2005 through 2009, of which not more than 5 percent of the funds

made available for a fiscal year may be used by the Secretary for

administrative costs.

(b) AGREEMENTS.—To carry out section 455 of this subtitle,

there are authorized to be appropriated to the Secretary $7,500,000

for each of fiscal years 2005 through 2009, of which not more than

5 percent of the funds made available for a fiscal year may be used

by the Secretary for administrative costs of Federal agencies.

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December 23, 2004