7 U.S.C. § 7715 — Declaration of extraordinary emergency and resulting authorities

(a) Authority to declare: If the Secretary finds an extraordinary emergency exists because a new or not-yet-widespread plant pest or noxious weed threatens U.S. plants or plant products, the Secretary may (1) hold, seize, quarantine, treat, or destroy anything believed infested; (2) quarantine or treat infested premises, including anything on them; (3) quarantine part or all of an affected state; and (4) prohibit or restrict movement within a state, if necessary to stop the pest or weed from spreading or to wipe it out. (b) Required finding of emergency: The Secretary can only act after finding, following review and talks with the state's Governor or other official, that the state's own measures aren't enough to wipe out the pest or weed. (c) Notification procedures: (1) Except as (2) allows, before acting in a state, the Secretary must notify the Governor or appropriate official, make a public announcement, and publish in the Federal Register a statement of (A) the Secretary's findings, (B) the planned action, (C) the reasons for it, and (D) if possible, how long the emergency is expected to last. (2) If publishing before acting isn't possible, it must happen within a reasonable time -- no more than 10 business days -- after the action starts. (d) Application of least drastic action: Nothing may be destroyed, exported, or sent back to its origin under this section unless the Secretary believes there's no milder option that would still work to stop the pest or weed from spreading. (e) Payment of compensation: The Secretary may pay people for economic losses caused by action under this section. The Secretary's decision on how much to pay is final -- it cannot be challenged in court or reviewed by anyone but the Secretary or the Secretary's designee.