An Act to provide for the control and eradication of noxious weeds, and the regulation of the movement in interstate or foreign commerce of noxious weeds and potential carriers thereof, and for other purposes.
PL 93-629 (H.R.11273), enacted 01/03/1975

2148 
PUBLIC LAW 93-629-JAN. 3, 1975 
[88 
STAT. 
Effective date. 
10 u s e 7541 
note. 
Marines of the Marine Corps League, as the case may be.". 
(b) The catchline and the chapter analysis item for section 7541 are 
amended by inserting immediately after "Boy Scouts of America" 
the following: "Naval Sea Cadet Corps and Young Marines of the 
Marine Corps League." 
SEC. 2. The amendments made by the first section shall take effect 
on the date of the enactment of this Act. 
Approved January 3, 1975. 
January 3, 1975 
[H.R. 11273] 
Public Law 93-629 
AN ACT 
To provide for the control and eradication of noxious weeds, and the regulation 
of the movement in interstate or foreign commerce of noxious weeds and 
potential carriers thereof, and for other purposes. 
Federal Noxious 
Weed Act of 1974. 
7 u s e 2801 
note, 
7 u s e 2801, 
Definitions. 
7 u s e 2802. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of A?nerica in Congress assembled, That this Act may 
be cited as the "Federal Noxious Weed Act of 1974". 
SEC. 2. 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 there-
fore 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 inter-
state distribution has like detrimental effects and allowing such dis-
tribution 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 
Act is necessary to prevent and eliminate burdens upon and obstruc-
tions to interstate and foreign commerce and to protect the public 
wel fare. 
SEC, 3, As used in this Act, 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 
(xovernment or of any State or other governmental agency which is 
cooperating with the Department in administration of any provisions 
of this Act, who is authorized by the Secretary to perform assigned 
duties under this Act, 
(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 net 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 or wildlife resources of the United States or the public health. 
(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 
88 STAT. ] 
PUBLIC LAW 93-629-JAN. 3, 1975 
2149 
for shipment, offer for entry, import, receive for transportation, carry, 
or otherwise transport or move, or allow to be moved, by mail or 
otherwise. 
SEC. 4. (a) No person shall knowingly move any noxious weed, iden-
tified 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 accord-
ance with such conditions as the Secretary may prescribe in the permit 
and in such regulations as he may promulgate under this Act 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. 
(c) No person shall knowingly sell, purchase, barter, exchange, give, 
or receive any such noxious weed which has been moved in violation of 
subsection (a), or knowingly deliver or receive for transportation or 
transport, in interstate or foreign commerce, any advertisement to sell, 
puchase, barter, exchange, give, or receive any such noxious weed 
which is prohibited from movement in such commerce under this Act. 
SEC. 5. (a) 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 regula-
tions, 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) Whenever the Secretary has reason to believe that an infestation 
of noxious weeds exists 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 move-
ment 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 inter-
state from a quarantined area any such products, articles, or means 
of conveyance, specified in the regulations, except in accordance w4th 
such regulations: Provided^ horoever^ That such quarantine and regu-
lations shall expire at the close of the ninetieth day after their 
promulgation. 
(c) However, if, after public hearing, the Secretary determines, on 
the basis of the information received at the hearing and other infor-
mation 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 infesta-
tion 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 deter-
mines 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. 
SEC. 6. (a) Except as provided in paragraph (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 char-
Prohibitions. 
7 use 2803. 
Quarantines and 
regulations, 
7 use 2804. 
Temporary quar-
antine. 
Expiration. 
Disposal, 
7 use 2805. 
38-194 O - 76 - S3 Pt 2 
2150 
PUBLIC LAW 93-629-JAN. 3, 1975 
[88 STAT. 
acter 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 Avhich is mov-
ing into or through the United States, or interstate, or has moved 
into the United States, or interstate, in violation of this Act or any 
regulation hereunder. 
(b) Except as provided in subsection (c) of this section, the Secre-
tary 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 
P^'ederal 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 Avhich the product, article, means of conveyance, or 
noxioui weed is found, for enfoT'cement 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 busi-
ness 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) No product, article, means of conveyance, or noxious weed 
shall be destroyed, exported, or i-etui-ned to shipping point of origin, 
or ordered to be destroyed, exported, or so returned under this sec-
tion, 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. 
Civil action. 
(^(j) 'j'j^g owucr of any product, article, means of conveyance, or 
noxious weed destroyed, or otherv/ise 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 com-
pensation 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 move-
ment under this Act) if the owner establishes that such destruction 
or disposal was not authorized under this Act. Any judgment rendered 
in favor of such owner shall be paid out of the money in the Treasury 
appropriated for administration of this Act-
Authorized in- 
g^c. 7. Any authorized inspector, when properly identified, shall 
^^7'usc^2806. 
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, car-
ried therebv, 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 Act or 
any regulation under this Act; (b) without a warrant, to stop anv per-
son or means of conveyance moving through the United States or inter-
state, 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 Act 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 Act; and (c) to 
STAT. ] 
PUBLIC LAW 93-629-JAN. 3, 1975 
2151 
enter, with a warrant, any premises in the United States, for purposes 
of any inspections or other actions necessary under this Act. 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 Act, issue war-
rants for the entry of such premises for purposes of any inspection or 
other action necessary under this Act, except as otherwise provided in 
section 9 of this Act. Such warrants may be executed by any authorized 
inspector or any United States marshal. 
SEC. 8. Any person who knowingly violates section 4 or 5 of this 
Act, or any regulation promulgated under this Act, 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. 
SEC. 9. (a) The Secretary is authorized to cooperate with other 
Federal agencies, agencies of States, territories, or districts, or politi-
cal subdivisions thereof, farmers' associations, and similar organiza-
tions, 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 Act, pursuant to cooperative agreements with such agencies, 
whenever he determines that such appointments would facilitate 
administration of this Act. 
(b) In performing the operations or measures authorized by sub-
section (a) of this section, the cooperating State or other govern-
mental 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. 
Ssc. 10. The Sscretary is authorized to promulgate regulations neces-
sary to effectuate the provisions of this Act. However, any regulation 
identifying a noxious weed under section 4 of this Act shall be pro-
mulgated 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 3(c) of this Act and that its 
dissemination in the United States mav reasonably be expected to 
have, to a serious degree, any effect specified in section 3(c). 
SEC. 11. 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 Act. Any sums so appropriated shall be avail-
able 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 
Act. However, unless specifically authorized in other legislation or 
provided for in appropriations, ho part of such sums shall be used to 
pay the cost or value of property injured or destroyed under section 9 
of this Act. 
Warrants, issu-
ance . 
Penalty. 
7 u s e 2807. 
Federal agen-
cies, cooperation. 
7 u s e 2808. 
Regulations. 
7 u s e 2809. 
Hearing. 
Appropriation. 
7 u s e 2810. 
2152 
PUBLIC LAW 93-630-JAN. 3, 1975 
[88 STAT. 
_^Nonappiicabii. 
gj,^. j[^2. The provisioiis of this Act shall not apply to shipments of 
7*use 2811. 
seed subject to the Federal Seed Act (53 Stat. 1275, as amended; 7 
U.S.C. 1551 et seq.) and this Act shall not amend or repeal any of 
the provisions of said Act or of the Plant Quarantine Act of 
August 20, 1912 (37 Stat. 315, as amended; 7 U.S.C. 151-154, 156-
164a, 167), the Federal Plant Pest Act (71 Stat. 31; 7 U.S.C. 150aa-
150ji), or any other Federal laws. 
7 use 2812. 
gj,(, i^ 'pjjg provisions of this Act shall not invalidate the provi-
sions 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 pro-
hibited under this Act. 
Separability. 
gjjc 14_ If any provisiou of this Act or the 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 circum-
stances shall not be affected thereby. 
Approved January 3, 1975. 
Public Law 93-630 
January 3, 1975 
-^N A C T 
FH R 11 7 9 61 
! 
To provide for the duty-free entry of a 3.60 meter telescope and associated 
articles for the use of the Canada-France-Hawaii Telescope Project at Mauna 
Kea, Hawaii. 
Telescope and 
articles for the 
Be it enacted by tJie Senate and House of Refresentatwes 
of the 
United States of America in Congress assembled^ That (a) the Sec-
canadr.France- 
rctary of the Trcasury is authorized and directed to admit free of 
Hawaii Telescope duty Imported articlcs required by the Canada-France-Hawaii Tele-
^"oiuy-free entry, scopc Project to complctc the installation on Mauna Kea, Hawaii, of 
an optical telescope of 3.60 meters diameter, and the laboratories, 
equipment, and installations necessary for its operation, as provided 
for in a memorandum of understanding, signed at Ottawa on Octo-
ber 25, 1973, among the Centre National de la Recherche Scientifique 
of France, the National Research Council of Canada, and the Univer-
sity of liawaii. 
\h) The admission free of duty provided for in subsection (a) shall 
be accorded to any ai-ticle imported by or for the account of the 
Canada-France-Hawaii Telescope Project if such article is certified 
by the Executive Director or the Associate Executive Director of the 
Canada-France-Hawaii Telescope Corporation as being required for 
the completion of the project in accordance with the memorandum of 
understanding referred to in subsection (a). 
SEC. 2. (a) The provisions of the first section of this Act shall apply 
with respect to articles entered, or withdrawn from warehouse, for 
consumption, on or before June 30,1980. 
(b) Upon appropriate request therefore filed by the Executive 
Director or the Associate Executive Director of the Canada-France-
Hawaii Telescope Corporation with the customs officer concerned 
on or before the one hundred and twentieth day after the date of the 
enactment of this Act, the entry or withdrawal of any article described 
in the first section of this Act which was made before the date of the 
enactment of this Act shall, notwithstanding the provisions of section 
19 use 1514. 
^i^ Qf ^j^g Tariff Act of 1930 or any other provision of law, be liqui-
dated or reliquidated in accordance with the provisions of such first 
section. 
Approved January 3, 1975.