§ 7717. — Control of grasshoppers and Mormon crickets.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC7717]
TITLE 7--AGRICULTURE
CHAPTER 104--PLANT PROTECTION
SUBCHAPTER I--PLANT PROTECTION
Sec. 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 no-year 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 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.
(Pub. L. 106-224, title IV, Sec. 417, June 20, 2000, 114 Stat. 447.)
Transfer of Functions
For transfer of functions of the Secretary of Agriculture relating
to agricultural import and entry inspection activities under this
chapter to the Secretary of Homeland Security, and for treatment of
related references, see sections 231, 551(d), 552(d), and 557 of Title
6, Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
