Page:United States Statutes at Large Volume 116 Part 1.djvu/525
PUBLIC LAW 107-171—MAY 13, 2002 116 STAT. 499 (A) hold, seize, treat, apply other remedial actions to, destroy (including preventative slaughter), or otherwise dispose of, any animal, article, facility, or means of conveyance if the Secretary determines the action is necessary to prevent the dissemination of the pest or disease; and (B) prohibit or restrict the movement or use within a State, or any portion of a State of any animal or article, means of conveyance, or facility if the Secretary determines that the prohibition or restriction is necessary to prevent the dissemination of the pest or disease. (2) STATE ACTION.— (A) IN GENERAL. —The Secretary may take action in a State under this subsection only on finding that measures being taken by the State are inadequate to control or eradicate the pest or disease, after review and consultation with— "(i) the Governor or an appropriate animal health official of the State; or "(ii) in the case of any animal, article, facility, or means of conveyance under the jurisdiction of an Indian tribe, the head of the Indian tribe. (B) NOTICE. —Subject to subparagraph (C), before any action is taken in a State under subparagraph (A), the Secretary shall— (i) notify the Governor, an appropriate animal health official of the State, or head of the Indian tribe of the proposed action; (ii) issue a public announcement of the proposed action; and (iii) publish in the Federal Register— (I) the findings of the Secretary; (II) a description of the proposed action; and (III) a statement of the reasons for the proposed action. (C) NOTICE AFTER ACTION.—If it is not practicable to publish in the Federal Register the information required under subparagraph (B)(iii) before taking action under subparagraph (A), the Secretary shall publish the information as soon as practicable, but not later than 10 business days, after commencement of the action. (c) QUARANTINE, DISPOSAL, OR OTHER REMEDIAL ACTION.— (1) IN GENERAL.—The Secretary, in writing, may order the owner of any animal, article, facility, or means of convey- ance referred to in subsection (a) or (b) to maintain in quarantine, dispose of, or take other remedial action with respect to the animal, article, facility, or means of conveyance, in a manner determined by the Secretary. (2) FAILURE TO COMPLY WITH ORDERS.—If the owner fails to comply with the order of the Secretary, the Secretary may— (A) seize, quarantine, dispose of, or take other remedial action with respect to the animal, article, facility, or means of conveyance under subsection (a) or (b); and (B) recover from the owner the costs of any care, handling, disposal, or other remedial action incurred by the Secretary in connection with the seizure, quarantine, disposal, or other remedial action. (d) COMPENSATION.— Public information. Federal Register, publication.