43 U.S.C. § 2701: Control of noxious plants on…

Summary

Federal department and agency heads must allow a State agriculture commissioner or another proper State official to enter federal land to remove noxious plants when three things are true: the State has a plant-control program that the federal department has approved, the federal head agrees with the way the plants will be removed, and the State follows the same steps it requires on private land. Entry is forbidden if the federal head or their designee says it would conflict with national security.

Title 43, §2701

Public Lands, Source: USLM XML via OLRC

The heads of Federal departments or agencies are authorized and directed to permit the commissioner of agriculture or other proper agency head of any State in which there is in effect a program for the control of noxious plants to enter upon any lands under their control or jurisdiction and destroy noxious plants growing on such land if—

(1)such entry is in accordance with a program submitted to and approved by such department or agency: Provided, That no entry shall occur when the head of such Federal department or agency, or his designee, shall have certified that entry is inconsistent with national security;

(2)the means by which noxious plants are destroyed are acceptable to the head of such department or agency; and

(3)the same procedure required by the State program with respect to privately owned land has been followed.

Editorial Notes

Codification Section was formerly classified to section 1241 of this title prior to editorial reclassification and renumbering as this section.

§2701 Control of Noxious Plants on Federal Lands; State Programs; Terms of Entry

Summary

Title 43, §2701

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata