An Act to provide greater protection against the introduction and dissemination of diseases of livestock and poultry, and for other purposes
PL 87-518 (S.860), enacted 07/02/1962

76 STAT.] 
PUBLIC LAW 87-518-JULY 2, 1962 
129 
Public Law 87-518 
AN ACT 
To provide greater protection against the introduction and dissemination of 
diseases of livestock and poultry, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assernhled^ That as used in this 
Act unless the context indicates otherwise—•• 
(a) The term "Secretary" means the Secretary of Agriculture. 
(b) The term "animals" means all members of the animal kingdom 
including birds, whether domesticated or wdld, but not including man. 
(c) The term "United States" means the States, Puerto Eico, 
Guam, the Virgin Islands of the United States, and the District of 
Columbia. 
(d) The term "interstate" means from a State or other area in-
cluded in the definition of "United States" to or through any other 
State or other such area. 
SEC. 2. (a) The Secretary, whenever he deems it necessary in order 
to guard against the introduction or dissemination of a communicable 
disease of livestock or poultry, may seize, quarantine, and dispose of, 
in a reasonable manner taking into consideration the nature of the 
disease and the necessity of such action to protect the livestock or 
poultry of the United States: (1) any animals which he finds are 
moving or are being handled or have moved or have been handled in 
interstate or foreign commerce contrary to any law or regulation 
administered by him for the prevention of the introduction or dis-
semination of any communicable disease of livestock or poultry; (2) 
any animals which he finds are moving into the United States, or 
interstate, and .are affected with or have been exposed to any com-
municable disease dangerous to livestock or poultry; and (3) any 
animals which he finds have moved into the United States, or inter-
state, and at the time of such movement were so affected or exposed. 
(b) Whereas the existence of any dangerous, communicable disease 
of livestock or poultry, such as foot-and-mouth disease, rinderpest, or 
European fowl pest, on any premises in the United States would 
constitute a threat to livestock and poultry of the Nation and would 
seriously burden interstate and foreign commerce, whenever the 
Secretary determines that an extraordinary emergency exists because 
of the outbreak of such a disease anyw-nere in the United States, 
and that such outbreak threatens the livestock or poultry of the 
United States, he may seize, quarantine, and dispose of, in such 
manner as he deems necessary or appropriate, any animals in the 
United States which he finds are or have been affected with or exposed 
to any such disease and the carcasses of any such animals and any 
products and articles which he finds were so related to such animals 
as to b© likely to be a means of disseminating any such disease: Pro-
vided^ That action shall be taken under this subsection only if the 
Secretary finds that adequate measures are not being taken by the 
State or other jurisdiction. The Secretary shall notify the appropri-
ate official of the State or other jurisdiction before any action is taken 
in any such State or other jurisdiction pursuant to this subsection. 
(c) The Secretary in writing may order the owner of any animal, 
carcass, product, or article referred to in subsection (a) or (b) of 
this section, or the agent of such owner, to maintain in quarantine and 
to dispose of such animal, carcass, product, or article in such manner 
as the Secretary may direct pui'suant to authority vested in him by 
such subsections. If such owner or agent fails to do so after receipt 
of such notice, the Secretary may take action as authorized b}' said 
iSubsections (a) and (b) and recover from sucii owner or agent the 
July 2, 1962 
[S. 860:| 
Agriculture. 
Livestock and 
poultry diseases. 
Definitions. 
Authority. 
Limitation. 
Notice. 
78135 0-63—12 
130 
PUBLIC LAW 87-518-JULY 2, 1962 
[76 STAT. 
Compensation. 
Regulations, 
promulgation. 
Inspections and 
seizures. 
reasonable costs of any care, handling, and disposal incurred by the 
Secretary in connection therewith. 
Sucli costs shall not constitute a 
lien against the animals, carcasses, products, or articles involved. 
Costs collected under this section shall be credited to the current 
appropriation for carrying out animal disease control activities of 
the Department. 
(d) Except as provided in subsection (e) of this section, the Secre-
tary shall compensate the owner of any animal, carcass, product, or 
article destroyed pursuant to the provisions of this section. 
Such 
compensation shall be based upon the fair market value as determined 
by the Secretary, of any such animal, carcass, product, or article at the 
time of the destruction thereof. 
Compensation paid any owner under 
this subsection shall not exceed the difference between any compensa-
tion received by such owner from a State or other source and such fair 
market value of the animal, carcass, product, or article. Funds in 
the Treasury available for carrying out animal disease control activi-
ties of the Department of Agricultui-e sliall be used for carrying out 
this subsection. 
(e) No such payment shall be made by the Secretary for any 
animal, carcass, product, or article which has been moved or handled 
by the owner thereof or his agent knowingly in violation of a law or 
regulation administered by the Secretary for the prevention of the 
interstate dissemination of the communicable disease, for which the 
animal, carcass, product, or article was destroyed or a law^ or regula-
tion for the enforcement of which the Secretary enters or has entered 
into a cooperative agreement for the control and eradication of such 
disease, or for any animal which has moved into the United States 
contrary to such law or regulation administered by the Secretary for 
the prevention of the introduction of a communicable disease of live-
stock or poultry. 
SEC. 3. The Secretary, in order to protect the health of the livestock 
or poultry of the Nation, may promulgate regulations requiring that 
railway cars; vessels; airplanes; trucks; and other means of convey-
ance; stockyards; feed, water, and rest stations; and other facilities, 
used in connection with the movement of animals into or from the 
United States, or intei-state, be maintained in a clean and sanitary 
condition, including requirements for inspection, cleaning, and disin-
fection. 
SEC. 4. The Secretary is authorized to promulgate regulations pro-
hibiting or regulating the movement into the United States of any 
animals which are or have been affected with or exposed to any com-
municable animal disease, or which have been vaccinated or other-
wise treated for any such disease, or which he finds would otherwise 
be likely to introduce or disseminate any such disease, when he deter-
mines that such action is necessary to protect the livestock or poultry 
of the United States. 
SEC. 5. Employees of the Department of Agriculture designated by 
the Secretary for the purpose, when properly identified, shall have 
authority (1) to stop and inspect, without a warranty any pei*son or 
means oi conveyance, moving into the United States from a foreign 
country, to determine whether such person or means of conveyance is 
carrying any animal, carcass, product, or article regulated or subject 
to disposal under any law or regulation administered by the Secre-
tary for prevention of the introduction or dissemination of any com-
municable animal disease; (2) to stop and inspect, without a warrant, 
any means of conveyance moving interstate upon probable cause to 
believe that such means of conveyance is carrying any animal, carcass, 
product, or article regulated or subject to disposal under any law or 
76 STAT. ] 
PUBLIC LAW 87-518-JULY 2, 1962 
131 
regulation administered b}^ the Secretary for the prevention of the 
introduction or dissemination of any communicable animal disease; 
and (3) to enter upon, with a warrant, any premises for the purpose 
of making inspections and seizures necessary under such laws and 
regulations. Any Federal jud^e, or any judge of a court of record 
in the United States, or any United States commissioner, may, within 
his jurisdiction, upon proper oath or affirmation indicating probable 
cause to believe that there is on certain premises any animal, carcass, 
product, or article regulated or subject to disposal under any law or 
regulation administered by the Secretary for the prevention of the 
introduction or dissemination of any communicable animal disease, 
issue warrants for the entry upon such premises and for inspections 
and seizures necessary under such laws and regulations. Such war-
rants may be executed by any authorized employee of the Department 
of Agriculture. 
SEC. 6. (a) Whoever knowingly violates any regulation promul- 
Penalties, 
gated pursuant to the provisions of sections 1 through 5 of this Act 
shall be punished by a fine not exceeding $1,000 or by imprisonment 
not exceeding one year, or both. 
(b) The Secretary may bring an action to enjoin the violation of, 
Enfofcement 
or to compel compliance with, any regulation promulgated or order provisions, 
issued under said sections, or to enjoin any interference by any person 
with an employee of the Department of Agriculture in carrying out 
any duties under said sections, whenever the Secretary has reason 
to believe that such person has violated, or is about to violate, any 
such regulation or order, or has interfered, or is about to interfere, 
with any such employee. Such action shall be brought in the United 
States district court, or 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 violation, omission, or interference 
has occurred or is about to occur. 
Process in such cases may be served 
in any judicial district wherein the defendant resides or transacts 
business or wherever the defendant may be found, and subpenas for 
witnesses who are required to attend the court in any judicial district 
in any such cases may run into any other judicial district. 
SEC. 7. Section 11 of the Act of May 29, 1884 (58 Stat. 734),'as 
amended (21 U.S.C. 114a), is further amended by inserting the words 
70 stat. 1032. 
"any communicable diseases of livestock or poultry, including, but 
not limited to," after the word "eradicate". 
SEC. 8. (a) The first section of the Act of March 3, 1905 (33 Stat. 
1264), as amended (21 U.S.C. 123), is further amended by striking 
out the phrase "cattle or other livestock" and inserting in lieu thereof 
the words "any animals", and by inserting after the word "disease" 
the words "of livestock or poultry or that the contagion of any such 
disease exists or that vectors which may disseminate any such disease 
exist in such State or Territory or the District of Columbia". 
(b) Sections 2, 3, and 4 of such Act (33 Stat. 1264, 1265), as 
amended (21 U.S.C. 124, 125, 126), are further amended by striking 
out the phrase "cattle or other livestock" each time such phrase appears 
in those sections and inserting in lieu thereof the words "quarantined 
animals". 
SEC. 9. The first proviso under the heading "General Expenses, 
Bureau of Animal Industry" in the Act entitled "An Act making 
appropriations for the Department of Agriculture for the fiscal year 
ending Juno thirtieth, nineteen hundred and fifteen", approved June 
30, 1914 (38 Stat. 419), as amended (21 U.S.C. 128), is further 
amended by striking out the phrase "cattle or other livestock" and 
inserting in lieu thereof the words "quarantined animals". 
132 
65 Stat. 721. 
PUBLIC LAW 87-519-JULY 2, 1962 
[76 STAT. 
Regulations. 
Separability. 
SEC. 10. Section 1114 of title 18 of the United States Code is 
amended by inserting after "wild birds and animals," the following: 
"any employee of the Department of Agriculture designated by the 
Secretary of Agriculture to carry out any law or regulation, or to 
perform any function in connection with any Federal or State program 
or any program of Puerto Kico, Guam, the Virgin Islands of the 
United states, or the District of Columbia, for the control or eradica-
tion or prevention of the introduction or dissemination of animal 
diseases,". 
SEC. 11. The Secretary is authorized to issue such regulations as he 
deems necessary to carry out the provisions of this Act. 
SEC. 12. The authority conferred by this Act shall be in addition to 
authority conferred by other statutes. Any provision of any other 
Act inconsistent with the provisions of this Act is hereby repealed. 
SEC. 13. If any provision of this Act or application thereof to any 
person or circumstances is held invalid, the remainder of the Act and 
the application of such provision to other persons and circumstances 
shall not be affected thereby. 
Approved July 2, 1962. 
July 2, 1962 
^ . R . 11057] 
Eastern Band of 
Cherokee Indians, 
N. C. 
Trust lands. 
Public Law 87-519 
AN ACT 
To declare that the United States holds certain lands on the Eastern Cherokee 
Reservation in trust for the Eastern Band of Cherokee Indians of North 
Carolina. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That all of the ri^ht, 
title, and interest of the United States in the following lands and im-
provements thereon, which are a part of the Long Blanket tracts, 
situated within the Eastern Cherokee Reservation, formerly acquired 
for school purposes, is hereby declared to be held by the United States 
of America in trust for the Eastern Band of Cherokee Indians of 
North Carolina: 
PARCEI. NO. 1 
Starting at a concrete monument with brass cap marked school 
tract corner 5,1950; 
thence north 45 degrees 00 minutes west 542.8 feet to a concrete 
monument with brass cap marked school tract corner numbered 
4,1950, beside a large mountain oak tree; thence north 26 degrees 
20 minutes east 314.1 feet to a point; thence south 77 degrees 51 
minutes east 127.4 feet up a ridge to a point; 
thence continuing along the ridge south 83 degrees 10 minutes 
east 67.3 feet to a point; thence continuing along the ridge south 
70 degrees 40 minutes east 85.1 feet to a point; thence south 41 
degrees 40 minutes east 245.0 feet to a point; thence down the 
ridge south 19 degrees 40 minutes east 83.3 feet, to a point; 
thence south 9 degrees 20 minutes west, 351.4 feet, to south 
side of gravel road right-of-way to a point; thence continuing 
along the right-of-way of said gravel road south 77 degrees 32 
minutes east, 150.5 feet, to a point;