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(continued)
(ii) objective, measurable criteria which, when met, would
result in a determination, in accordance with the provisions of
this section, that the species be removed from the list; and
(iii) estimates of the time required and the cost to carry
out those measures needed to achieve the plan's goal and to
achieve intermediate steps toward that goal.
(2) The Secretary, in developing and implementing recovery plans,
may procure the services of appropriate public and private agencies
and institutions, and other qualified persons. Recovery teams
appointed pursuant to this subsection shall not be subject to the
Federal Advisory Committee Act.
(3) The Secretary shall report every two years to the Committee
on Environment and Public Works of the Senate and the Committee on
Merchant Marine and Fisheries of the House of Representatives on
the status of efforts to develop and implement recovery plans for
all species listed pursuant to this section and on the status of
all species for which such plans have been developed.
(4) The Secretary shall, prior to final approval of a new or
revised recovery plan, provide public notice and an opportunity for
public review and comment on such plan. The Secretary shall
consider all information presented during the public comment period
prior to approval of the plan.
(5) Each Federal agency shall, prior to implementation of a new
or revised recovery plan, consider all information presented during
the public comment period under paragraph (4).
(g) Monitoring
(1) The Secretary shall implement a system in cooperation with
the States to monitor effectively for not less than five years the
status of all species which have recovered to the point at which
the measures provided pursuant to this chapter are no longer
necessary and which, in accordance with the provisions of this
section, have been removed from either of the lists published under
subsection (c) of this section.
(2) The Secretary shall make prompt use of the authority under
paragraph 7 (!2) of subsection (b) of this section to prevent a
significant risk to the well being of any such recovered species.
(h) Agency guidelines; publication in Federal Register; scope;
proposals and amendments: notice and opportunity for comments
The Secretary shall establish, and publish in the Federal
Register, agency guidelines to insure that the purposes of this
section are achieved efficiently and effectively. Such guidelines
shall include, but are not limited to -
(1) procedures for recording the receipt and the disposition of
petitions submitted under subsection (b)(3) of this section;
(2) criteria for making the findings required under such
subsection with respect to petitions;
(3) a ranking system to assist in the identification of species
that should receive priority review under subsection (a)(1) of
this section; and
(4) a system for developing and implementing, on a priority
basis, recovery plans under subsection (f) of this section.
The Secretary shall provide to the public notice of, and
opportunity to submit written comments on, any guideline (including
any amendment thereto) proposed to be established under this
subsection.
(i) Submission to State agency of justification for regulations
inconsistent with State agency's comments or petition
If, in the case of any regulation proposed by the Secretary under
the authority of this section, a State agency to which notice
thereof was given in accordance with subsection (b)(5)(A)(ii) of
this section files comments disagreeing with all or part of the
proposed regulation, and the Secretary issues a final regulation
which is in conflict with such comments, or if the Secretary fails
to adopt a regulation pursuant to an action petitioned by a State
agency under subsection (b)(3) of this section, the Secretary shall
submit to the State agency a written justification for his failure
to adopt regulations consistent with the agency's comments or
petition.
-SOURCE-
(Pub. L. 93-205, Sec. 4, Dec. 28, 1973, 87 Stat. 886; Pub. L.
94-359, Sec. 1, July 12, 1976, 90 Stat. 911; Pub. L. 95-632, Secs.
11, 13, Nov. 10, 1978, 92 Stat. 3764, 3766; Pub. L. 96-159, Sec. 3,
Dec. 28, 1979, 93 Stat. 1225; Pub. L. 97-304, Sec. 2(a), Oct. 13,
1982, 96 Stat. 1411; Pub. L. 100-478, title I, Secs. 1002-1004,
Oct. 7, 1988, 102 Stat. 2306, 2307; Pub. L. 108-136, div. A, title
III, Sec. 318, Nov. 24, 2003, 117 Stat. 1433.)
-REFTEXT-
REFERENCES IN TEXT
Reorganization Plan Numbered 4 of 1970, referred to in subsec.
(a)(2), is Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R.
15627, 84 Stat. 2090, which is set out in the Appendix to Title 5,
Government Organization and Employees.
The Federal Advisory Committee Act, referred to in subsec.
(f)(2), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,
which is set out in the Appendix to Title 5.
-MISC1-
AMENDMENTS
2003 - Subsec. (a)(3). Pub. L. 108-136, Sec. 318(a), designated
existing provisions as subpar. (A), redesignated former subpars.
(A) and (B) as cls. (i) and (ii), respectively, and added subpar.
(B).
Subsec. (b)(2). Pub. L. 108-136, Sec. 318(b), inserted "the
impact on national security," after "the economic impact,".
1988 - Subsec. (b)(3)(C)(iii). Pub. L. 100-478, Sec. 1002(a),
added subcl. (iii).
Subsec. (e). Pub. L. 100-478, Sec. 1002(b), substituted
"regulation of commerce or taking," for "regulation," in
introductory provisions.
Subsec. (f). Pub. L. 100-478, Sec. 1003, amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows: "The
Secretary shall develop and implement plans (hereinafter in this
subsection referred to as 'recovery plans') for the conservation
and survival of endangered species and threatened species listed
pursuant to this section, unless he finds that such a plan will not
promote the conservation of the species. The Secretary, in
developing and implementing recovery plans (1) shall, to the
maximum extent practicable, give priority to those endangered
species or threatened species most likely to benefit from such
plans, particularly those species that are, or may be, in conflict
with construction or other developmental projects or other forms of
economic activity, and (2) may procure the services of appropriate
public and private agencies and institutions, and other qualified
persons. Recovery teams appointed pursuant to this subsection shall
not be subject to the Federal Advisory Committee Act."
Subsecs. (g) to (i). Pub. L. 100-478, Sec. 1004, added subsec.
(g) and redesignated former subsecs. (g) and (h) as (h) and (i),
respectively.
1982 - Subsec. (a)(1). Pub. L. 97-304, Sec. 2(a)(1)(B), (D),
inserted "promulgated in accordance with subsection (b) of this
section" after "shall by regulation" in introductory provisions
preceding subpar. (A), and struck out provision following subpar.
(E), which directed the Secretary, at the time regulations were
proposed, to specify any habitat of a species considered to be a
critical habitat but that such specification of critical habitats
not apply to species listed prior to Nov. 10, 1978.
Subsec. (a)(1)(A). Pub. L. 97-304, Sec. 2(a)(1)(A), redesignated
subpar. (1) as (A).
Subsec. (a)(1)(B). Pub. L. 97-304, Sec. 2(a)(1)(A), (C),
redesignated subpar. (2) as (B) and substituted "recreational," for
"sporting,".
Subsec. (a)(1)(C) to (E). Pub. L. 97-304, Sec. 2(a)(1)(A),
redesignated subpars. (3), (4), and (5) as (C), (D), and (E),
respectively.
Subsec. (a)(3). Pub. L. 97-304, Sec. 2(a)(1)(E), added par. (3).
Subsec. (b). Pub. L. 97-304, Sec. 2(a)(2), completely revised
subsec. (b) by, among other changes, requiring the Secretary to
base determinations regarding the listing or delisting of species
"solely" on the basis of the best scientific and commercial data
available, streamlining the listing process by reducing the time
periods for rulemaking, consolidating public meetings and hearing
requirements, and establishing virtually identical procedures for
the listing and delisting of species and for the designation of
critical habitat, and altering the evidentiary standard which
petitioners must satisfy to warrant a status review of the species
proposed for listing or delisting.
Subsec. (c)(1). Pub. L. 97-304, Sec. 2(a)(3)(A), struck out ",
and from time to time he may by regulation revise," after "Federal
Register" and inserted provision directing the Secretary to revise
from time to time each list published under the authority of this
subsection to reflect recent determinations, designations, and
revisions made in accordance with subsections (a) and (b) of this
section.
Subsec. (c)(2). Pub. L. 97-304, Sec. 2(a)(3)(B), (C),
redesignated par. (4) as (2). Former par. (2), directing the
Secretary, within 90 days of the receipt of the petition of an
interested person under section 553(e) of title 5, to conduct and
publish in the Federal Register a review of the status of any
listed or unlisted species proposed to be removed from or added to
either of the lists published pursuant to paragraph (1) of this
subsection, but only if he made and published a finding that such
person had presented substantial evidence which in his judgment
warranted such a review, was struck out.
Subsec. (c)(3). Pub. L. 97-304, Sec. 2(a)(3)(B), struck out par.
(3) which had provided that any list in effect on Dec. 27, 1973, of
species of fish or wildlife determined by the Secretary of the
Interior, pursuant to the Endangered Species Conservation Act of
1969, to be threatened with extinction be republished to conform to
the classification for endangered species or threatened species, as
the case might be, provided for in this chapter, but until such
republication, any such species so listed was to be deemed an
endangered species within the meaning of this chapter, and that the
republication of any species pursuant to this paragraph did not
require public hearing or comment under section 553 of title 5.
Subsec. (c)(4). Pub. L. 97-304, Sec. 2(a)(3)(C), redesignated
par. (4) as (2).
Subsec. (d). Pub. L. 97-304, Sec. 2(a)(4)(A), substituted
"section 1535(c) of this title" for "section 1535(a) of this
title".
Subsec. (f). Pub. L. 97-304, Sec. 2(a)(4)(B), (C), (D),
redesignated subsec. (g) as (f) and substituted "recovery plans (1)
shall, to the maximum extent practicable, give priority to those
endangered species or threatened species most likely to benefit
from such plans, particularly those species that are, or may be, in
conflict with construction or other developmental projects or other
forms of economic activity, and (2)" for "recovery plans,". Former
subsec. (f), relating to the promulgation of regulations, was
struck out.
Subsec. (g). Pub. L. 97-304, Sec. 2(a)(4)(C), (E), redesignated
subsec. (h) as (g), substituted reference to subsection (b)(3) of
this section for reference to subsection (c)(2) of this section in
par. (1), substituted "under subsection (a)(1) of this section" for
"for listing" in par. (3), and substituted "subsection (f) of this
section" for "subsection (g) of this section" in par. (4). Former
subsec. (g) redesignated (f).
Subsec. (h). Pub. L. 97-304, Sec. 2(a)(4)(C), (F), added subsec.
(h) and redesignated former subsec. (h) as (g).
1979 - Subsec. (b)(1). Pub. L. 96-159, Sec. 3(1), required the
Secretary's determinations to be preceded with a review of the
status of the species.
Subsec. (f)(2)(B)(i). Pub. L. 96-159, Sec. 3(2), required
publication of summary of text rather than of the complete text of
proposed regulation specifying any critical habitat and inclusion
of a map of the proposed critical habitat.
Subsec. (f)(2)(B)(iv)(II). Pub. L. 96-159, Sec. 3(3), substituted
"if requested within 15 days after the date on which the public
meeting is conducted," for "if requested,".
Subsec. (f)(2)(C). Pub. L. 96-159, Sec. 3(4), (5), inserted in
introductory text ", subsection (b)(4) of this section,"; and in
cl. (ii), included reference to significant risk to wellbeing of
any species of plants, inserted in item (II) reference to
regulation applicable to resident species of plants, extended the
statutory period to a "240-day period" from a "120-day period", and
provided for withdrawal of an emergency regulation without
substantial evidence to warrant it, respectively.
Subsec. (h). Pub. L. 96-159, Sec. 3(6), added subsec. (h).
1978 - Subsec. (a)(1). Pub. L. 95-632, Sec. 11(1), inserted
provision requiring the Secretary, at the time a regulation is
proposed, to specify by regulation any habitat of the species
involved which is considered a critical habitat providing the
species was listed subsequent to Nov. 10, 1978.
Subsec. (b)(4). Pub. L. 95-632, Sec. 11(7), added par. (4).
Subsec. (c)(1). Pub. L. 95-632, Sec. 11(2), struck out "and
shall" after "if any" and inserted ", and specify any critical
habitat within such range" after "endangered or threatened".
Subsec. (c)(2). Pub. L. 95-632, Sec. 11(6), substituted "within
90 days of the receipt of" for "upon" and "conduct and publish in
the Federal Register a review of the status of" for "conduct a
review of" and inserted a provision requiring that the review and
findings be made and published prior to initiation of any
procedures under subsec. (b)(1) of this section.
Subsec. (c)(4). Pub. L. 95-632, Sec. 11(3), added par. (4).
Subsec. (f)(2)(A). Pub. L. 95-632, Sec. 11(4)(A), substituted
"Except as provided in subparagraph (B), in" for "In".
Subsec. (f)(2)(B), (C). Pub. L. 95-632, Sec. 11(4)(B), (C), added
subpar. (B), redesignated former subpar. (B) as (C), and as so
redesignated, substituted "Neither subparagraph (A) or (B)" for
"Neither subparagraph (A)".
Subsec. (f)(3). Pub. L. 95-632, Sec. 13, substituted "a summary
by the Secretary of the data on which such regulation is based and
shall show the relationship of such data to such regulations" for
"a statement by the Secretary of the facts on which such regulation
is based and the relationship of such facts to such regulation".
Subsec. (f)(4), (5). Pub. L. 95-632, Sec. 11(4)(D), added pars.
(4) and (5).
Subsec. (g). Pub. L. 95-632, Sec. 11(5), added subsec. (g).
1976 - Subsec. (f)(2)(B)(ii). Pub. L. 94-359 substituted
"subsection (b)(1)(A)" for "subsection (b)(A), (B), and (C)".
EFFECTIVE DATE OF 1982 AMENDMENT
Section 2(b) of Pub. L. 97-304 provided that:
"(1) Any petition filed under section 4(c)(2) of the Endangered
Species Act of 1973 [subsec. (c)(2) of this section] (as in effect
on the day before the date of the enactment of this Act [Oct. 13,
1982]) and any regulation proposed under section 4(f) of such Act
of 1973 [subsec. (f) of this section] (as in effect on such day)
that is pending on such date of enactment [Oct. 13, 1982] shall be
treated as having been filed or proposed on such date of enactment
under section 4(b) of such Act of 1973 [subsec. (b) of this
section] (as amended by subsection (a)); and the procedural
requirements specified in such section 4(b) [subsec. (b) of this
section] (as so amended) regarding such petition or proposed
regulation shall be deemed to be complied with to the extent that
like requirements under such section 4 [this section] (as in effect
before the date of the enactment of this Act) were complied with
before such date of enactment.
"(2) Any regulation proposed after, or pending on, the date of
the enactment of this Act [Oct. 13, 1982] to designate critical
habitat for a species that was determined before such date of
enactment to be endangered or threatened shall be subject to the
procedures set forth in section 4 of such Act of 1973 [this
section] (as amended by subsection (a)) for regulations proposing
revisions to critical habitat instead of those for regulations
proposing the designation of critical habitat.
"(3) Any list of endangered species or threatened species (as in
effect under section 4(c) of such Act of 1973 [subsec. (c) of this
section] on the day before the date of the enactment of this Act
[Oct. 13, 1982]) shall remain in effect unless and until
determinations regarding species and designations and revisions of
critical habitats that require changes to such list are made in
accordance with subsection (b)(5) of such Act of 1973 [subsec.
(b)(5) of this section] (as added by subsection (a)).
"(4) Section 4(a)(3)(A) of such Act of 1973 [subsec. (a)(3)(A) of
this section] (as added by subsection (a)) shall not apply with
respect to any species which was listed as an endangered species or
a threatened species before November 10, 1978."
-TRANS-
ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES
Committee on Merchant Marine and Fisheries of House of
Representatives abolished and its jurisdiction transferred by House
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Committee on Merchant Marine and Fisheries of House of
Representatives treated as referring to Committee on Resources of
House of Representatives in case of provisions relating to
fisheries, wildlife, international fishing agreements, marine
affairs (including coastal zone management) except for measures
relating to oil and other pollution of navigable waters, or
oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460k-1, 668dd, 670h,
715i, 715s, 1374, 1383b, 1387, 1402, 1532, 1534, 1535, 1536, 1537,
1538, 1540, 4202, 4261, 6301, 6512, 6572, 6573 of this title; title
10 section 7524.
-FOOTNOTE-
(!1) So in original. Probably should be paragraph "(7)".
(!2) So in original. Probably should be paragraph "(7)".
-End-
-CITE-
16 USC Sec. 1534 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 35 - ENDANGERED SPECIES
-HEAD-
Sec. 1534. Land acquisition
-STATUTE-
(a) Implementation of conservation program; authorization of
Secretary and Secretary of Agriculture
The Secretary, and the Secretary of Agriculture with respect to
the National Forest System, shall establish and implement a program
to conserve fish, wildlife, and plants, including those which are
listed as endangered species or threatened species pursuant to
section 1533 of this title. To carry out such a program, the
appropriate Secretary -
(1) shall utilize the land acquisition and other authority
under the Fish and Wildlife Act of 1956, as amended [16 U.S.C.
742a et seq.], the Fish and Wildlife Coordination Act, as amended
[16 U.S.C. 661 et seq.], and the Migratory Bird Conservation Act
[16 U.S.C. 715 et seq.], as appropriate; and
(2) is authorized to acquire by purchase, donation, or
otherwise, lands, waters, or interest therein, and such authority
shall be in addition to any other land acquisition authority
vested in him.
(b) Availability of funds for acquisition of lands, waters, etc.
Funds made available pursuant to the Land and Water Conservation
Fund Act of 1965, as amended [16 U.S.C. 460l-4 et seq.], may be
used for the purpose of acquiring lands, waters, or interests
therein under subsection (a) of this section.
-SOURCE-
(Pub. L. 93-205, Sec. 5, Dec. 28, 1973, 87 Stat. 889; Pub. L.
95-632, Sec. 12, Nov. 10, 1978, 92 Stat. 3766.)
-REFTEXT-
REFERENCES IN TEXT
The Fish and Wildlife Act of 1956, as amended, referred to in
subsec. (a)(1), is act Aug. 8, 1956, ch. 1036, 70 Stat. 119, as
amended, which is classified generally to sections 742a to 742d and
742e to 742j-2 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 742a of
this title and Tables.
The Fish and Wildlife Coordination Act, as amended, referred to
in subsec. (a)(1), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, as
amended, which is classified generally to sections 661 to 666c of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 661 of this title and
Tables.
The Migratory Bird Conservation Act, referred to in subsec.
(a)(1), is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, as amended,
which is classified generally to subchapter III (Sec. 715 et seq.)
of chapter 7 of this title. For complete classification of this Act
to the Code, see section 715 of this title and Tables.
The Land and Water Conservation Fund Act of 1965, as amended,
referred to in subsec. (b), is Pub. L. 88-578, Sept. 3, 1964, 78
Stat. 897, as amended, which is classified generally to part B
(Sec. 460l-4 et seq.) of subchapter LXIX of chapter 1 of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 460l-4 of this title and
Tables.
-MISC1-
AMENDMENTS
1978 - Subsec. (a). Pub. L. 95-632, among other changes in text
preceding par. (1), inserted reference to the Secretary of
Agriculture with respect to the National Forest System and
substituted the establishment and implementation of a plan to
conserve plants for the establishment and implementation of a plan
to conserve plants which were concluded in Appendices to the
Convention.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460l-9, 460iii-4 of this
title.
-End-
-CITE-
16 USC Sec. 1535 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 35 - ENDANGERED SPECIES
-HEAD-
Sec. 1535. Cooperation with States
-STATUTE-
(a) Generally
In carrying out the program authorized by this chapter, the
Secretary shall cooperate to the maximum extent practicable with
the States. Such cooperation shall include consultation with the
States concerned before acquiring any land or water, or interest
therein, for the purpose of conserving any endangered species or
threatened species.
(b) Management agreements
The Secretary may enter into agreements with any State for the
administration and management of any area established for the
conservation of endangered species or threatened species. Any
revenues derived from the administration of such areas under these
agreements shall be subject to the provisions of section 715s of
this title.
(c) Cooperative agreements
(1) In furtherance of the purposes of this chapter, the Secretary
is authorized to enter into a cooperative agreement in accordance
with this section with any State which establishes and maintains an
adequate and active program for the conservation of endangered
species and threatened species. Within one hundred and twenty days
after the Secretary receives a certified copy of such a proposed
State program, he shall make a determination whether such program
is in accordance with this chapter. Unless he determines, pursuant
to this paragraph, that the State program is not in accordance with
this chapter, he shall enter into a cooperative agreement with the
State for the purpose of assisting in implementation of the State
program. In order for a State program to be deemed an adequate and
active program for the conservation of endangered species and
threatened species, the Secretary must find, and annually
thereafter reconfirm such finding, that under the State program -
(A) authority resides in the State agency to conserve resident
species of fish or wildlife determined by the State agency or the
Secretary to be endangered or threatened;
(B) the State agency has established acceptable conservation
programs, consistent with the purposes and policies of this
chapter, for all resident species of fish or wildlife in the
State which are deemed by the Secretary to be endangered or
threatened, and has furnished a copy of such plan and program
together with all pertinent details, information, and data
requested to the Secretary;
(C) the State agency is authorized to conduct investigations to
determine the status and requirements for survival of resident
species of fish and wildlife;
(D) the State agency is authorized to establish programs,
including the acquisition of land or aquatic habitat or interests
therein, for the conservation of resident endangered or
threatened species of fish or wildlife; and
(E) provision is made for public participation in designating
resident species of fish or wildlife as endangered or threatened;
or
that under the State program -
(i) the requirements set forth in subparagraphs (C), (D), and
(E) of this paragraph are complied with, and
(ii) plans are included under which immediate attention will be
given to those resident species of fish and wildlife which are
determined by the Secretary or the State agency to be endangered
or threatened and which the Secretary and the State agency agree
are most urgently in need of conservation programs; except that a
cooperative agreement entered into with a State whose program is
deemed adequate and active pursuant to clause (i) and this clause
shall not affect the applicability of prohibitions set forth in
or authorized pursuant to section 1533(d) of this title or
section 1538(a)(1) of this title with respect to the taking of
any resident endangered or threatened species.
(2) In furtherance of the purposes of this chapter the Secretary
is authorized to enter into a cooperative agreement in accordance
with this section with any State which establishes and maintains an
adequate and active program for the conservation of endangered
species and threatened species of plants. Within one hundred and
twenty days after the Secretary receives a certified copy of such a
proposed State program, he shall make a determination whether such
program is in accordance with this chapter. Unless he determines,
pursuant to this paragraph, that the State program is not in
accordance with this chapter, he shall enter into a cooperative
agreement with the State for the purpose of assisting in
implementation of the State program. In order for a State program
to be deemed an adequate and active program for the conservation of
endangered species of plants and threatened species of plants, the
Secretary must find, and annually thereafter reconfirm such
finding, that under the State program -
(A) authority resides in the State agency to conserve resident
species of plants determined by the State agency or the Secretary
to be endangered or threatened;
(B) the State agency has established acceptable conservation
programs, consistent with the purposes and policies of this
chapter, for all resident species of plants in the State which
are deemed by the Secretary to be endangered or threatened, and
has furnished a copy of such plan and program together with all
pertinent details, information, and data requested to the
Secretary;
(C) the State agency is authorized to conduct investigations to
determine the status and requirements for survival of resident
species of plants; and
(D) provision is made for public participation in designating
resident species of plants as endangered or threatened; or
that under the State program -
(i) the requirements set forth in subparagraphs (C) and (D) of
this paragraph are complied with, and
(ii) plans are included under which immediate attention will be
given to those resident species of plants which are determined by
the Secretary or the State agency to be endangered or threatened
and which the Secretary and the State agency agree are most
urgently in need of conservation programs; except that a
cooperative agreement entered into with a State whose program is
deemed adequate and active pursuant to clause (i) and this clause
shall not affect the applicability of prohibitions set forth in
or authorized pursuant to section 1533(d) or section 1538(a)(1)
of this title with respect to the taking of any resident
endangered or threatened species.
(d) Allocation of funds
(1) The Secretary is authorized to provide financial assistance
to any State, through its respective State agency, which has
entered into a cooperative agreement pursuant to subsection (c) of
this section to assist in development of programs for the
conservation of endangered and threatened species or to assist in
monitoring the status of candidate species pursuant to subparagraph
(C) of section 1533(b)(3) of this title and recovered species
pursuant to section 1533(g) of this title. The Secretary shall
allocate each annual appropriation made in accordance with the
provisions of subsection (i) of this section to such States based
on consideration of -
(A) the international commitments of the United States to
protect endangered species or threatened species;
(B) the readiness of a State to proceed with a conservation
program consistent with the objectives and purposes of this
chapter;
(C) the number of endangered species and threatened species
within a State;
(D) the potential for restoring endangered species and
threatened species within a State;
(E) the relative urgency to initiate a program to restore and
protect an endangered species or threatened species in terms of
survival of the species;
(F) the importance of monitoring the status of candidate
species within a State to prevent a significant risk to the well
being of any such species; and
(G) the importance of monitoring the status of recovered
species within a State to assure that such species do not return
to the point at which the measures provided pursuant to this
chapter are again necessary.
So much of the annual appropriation made in accordance with
provisions of subsection (i) of this section allocated for
obligation to any State for any fiscal year as remains unobligated
at the close thereof is authorized to be made available to that
State until the close of the succeeding fiscal year. Any amount
allocated to any State which is unobligated at the end of the
period during which it is available for expenditure is authorized
to be made available for expenditure by the Secretary in conducting
programs under this section.
(2) Such cooperative agreements shall provide for (A) the actions
to be taken by the Secretary and the States; (B) the benefits that
are expected to be derived in connection with the conservation of
endangered or threatened species; (C) the estimated cost of these
actions; and (D) the share of such costs to be borne by the Federal
Government and by the States; except that -
(i) the Federal share of such program costs shall not exceed 75
percent of the estimated program cost stated in the agreement;
and
(ii) the Federal share may be increased to 90 percent whenever
two or more States having a common interest in one or more
endangered or threatened species, the conservation of which may
be enhanced by cooperation of such States, enter jointly into an
agreement with the Secretary.
The Secretary may, in his discretion, and under such rules and
regulations as he may prescribe, advance funds to the State for
financing the United States pro rata share agreed upon in the
cooperative agreement. For the purposes of this section, the
non-Federal share may, in the discretion of the Secretary, be in
the form of money or real property, the value of which will be
determined by the Secretary, whose decision shall be final.
(e) Review of State programs
Any action taken by the Secretary under this section shall be
subject to his periodic review at no greater than annual intervals.
(f) Conflicts between Federal and State laws
Any State law or regulation which applies with respect to the
importation or exportation of, or interstate or foreign commerce
in, endangered species or threatened species is void to the extent
that it may effectively (1) permit what is prohibited by this
chapter or by any regulation which implements this chapter, or (2)
prohibit what is authorized pursuant to an exemption or permit
provided for in this chapter or in any regulation which implements
this chapter. This chapter shall not otherwise be construed to void
any State law or regulation which is intended to conserve
migratory, resident, or introduced fish or wildlife, or to permit
or prohibit sale of such fish or wildlife. Any State law or
regulation respecting the taking of an endangered species or
threatened species may be more restrictive than the exemptions or
permits provided for in this chapter or in any regulation which
implements this chapter but not less restrictive than the
prohibitions so defined.
(g) Transition
(1) For purposes of this subsection, the term "establishment
period" means, with respect to any State, the period beginning on
December 28, 1973, and ending on whichever of the following dates
first occurs: (A) the date of the close of the 120-day period
following the adjournment of the first regular session of the
legislature of such State which commences after December 28, 1973,
or (B) the date of the close of the 15-month period following
December 28, 1973.
(2) The prohibitions set forth in or authorized pursuant to
sections 1533(d) and 1538(a)(1)(B) of this title shall not apply
with respect to the taking of any resident endangered species or
threatened species (other than species listed in Appendix I to the
Convention or otherwise specifically covered by any other treaty or
Federal law) within any State -
(A) which is then a party to a cooperative agreement with the
Secretary pursuant to subsection (c) of this section (except to
the extent that the taking of any such species is contrary to the
law of such State); or
(B) except for any time within the establishment period when -
(i) the Secretary applies such prohibition to such species at
the request of the State, or
(ii) the Secretary applies such prohibition after he finds,
and publishes his finding, that an emergency exists posing a
significant risk to the well-being of such species and that the
prohibition must be applied to protect such species. The
Secretary's finding and publication may be made without regard
to the public hearing or comment provisions of section 553 of
title 5 or any other provision of this chapter; but such
prohibition shall expire 90 days after the date of its
imposition unless the Secretary further extends such
prohibition by publishing notice and a statement of
justification of such extension.
(h) Regulations
The Secretary is authorized to promulgate such regulations as may
be appropriate to carry out the provisions of this section relating
to financial assistance to States.
(i) Appropriations
(1) To carry out the provisions of this section for fiscal years
after September 30, 1988, there shall be deposited into a special
fund known as the cooperative endangered species conservation fund,
to be administered by the Secretary, an amount equal to 5 percent
of the combined amounts covered each fiscal year into the Federal
aid to wildlife restoration fund under section 669b of this title,
and paid, transferred, or otherwise credited each fiscal year to
the Sport Fishing Restoration Account established under 1016 of the
Act of July 18, 1984.
(2) Amounts deposited into the special fund are authorized to be
appropriated annually and allocated in accordance with subsection
(d) of this section.
-SOURCE-
(Pub. L. 93-205, Sec. 6, Dec. 28, 1973, 87 Stat. 889; Pub. L.
95-212, Dec. 19, 1977, 91 Stat. 1493; Pub. L. 95-632, Sec. 10, Nov.
10, 1978, 92 Stat. 3762; Pub. L. 96-246, May 23, 1980, 94 Stat.
348; Pub. L. 97-304, Secs. 3, 8(b), Oct. 13, 1982, 96 Stat. 1416,
1426; Pub. L. 100-478, title I, Sec. 1005, Oct. 7, 1988, 102 Stat.
2307.)
-REFTEXT-
REFERENCES IN TEXT
The Sport Fishing Restoration Account established under section
1016 of the Act of July 18, 1984, referred to in subsec. (i)(1),
probably means the Sport Fish Restoration Account established by
section 9504(a)(2)(A) of Title 26, Internal Revenue Code, which
section was enacted by section 1016(a) of Pub. L. 98-369, div. A,
title X, July 18, 1984, 98 Stat. 1019.
-MISC1-
AMENDMENTS
1988 - Subsec. (d)(1). Pub. L. 100-478, Sec. 1005(a), amended
par. (1) generally. Prior to amendment, par. (1) read as follows:
"The Secretary is authorized to provide financial assistance to any
State, through its respective State agency, which has entered into
a cooperative agreement pursuant to subsection (c) of this section
to assist in development of programs for the conservation of
endangered and threatened species. The Secretary shall make an
allocation of appropriated funds to such States based on
consideration of -
"(A) the international commitments of the United States to
protect endangered species or threatened species;
"(B) the readiness of a State to proceed with a conservation
program consistent with the objectives and purposes of this
chapter;
"(C) the number of endangered species and threatened species
within a State;
"(D) the potential for restoring endangered species and
threatened species within a State; and
"(E) the relative urgency to initiate a program to restore and
protect an endangered species or threatened species in terms of
survival of the species.
So much of any appropriated funds allocated for obligation to any
State for any fiscal year as remains unobligated at the close
thereof is authorized to be made available to that State until the
close of the succeeding fiscal year. Any amount allocated to any
State which is unobligated at the end of the period during which it
is available for expenditure is authorized to be made available for
expenditure by the Secretary in conducting programs under this
section."
Subsec. (i). Pub. L. 100-478, Sec. 1005(b), added subsec. (i).
1982 - Subsec. (d)(2)(i). Pub. L. 97-304, Sec. 3(1), substituted
"75 percent" for "66 2/3 per centum".
Subsec. (d)(2)(ii). Pub. L. 97-304, Sec. 3(2), substituted "90
percent" for "75 per centum".
Subsec. (i). Pub. L. 97-304, Sec. 8(b), struck out subsec. (i)
which authorized appropriations to carry out this section of
$10,000,000 through the period ending Sept. 30, 1977, $12,000,000
for the period Oct. 1, 1977, through Sept. 30, 1980, and
$12,000,000 for the period Oct. 1, 1980, through Sept. 30, 1982.
See section 1542(b) of this title.
1980 - Subsec. (i). Pub. L. 96-246 in par. (2) substituted
"$12,000,000" for "$16,000,000" and "1980" for "1981", and added
par. (3).
1978 - Subsec. (c). Pub. L. 95-632 designated existing provision
as par. (1), and in par. (1) as so designated, redesignated pars.
(1) to (5) as subpars. (A) to (E), respectively, and subpars. (A)
and (B) of subpar. (E), as so redesignated, as cls. (i) and (ii),
respectively, substituted "paragraph" for "subsection" in provision
preceding subpar. (A), as so redesignated, "endangered or
threatened species of fish or wildlife" for "endangered species or
threatened species" in subpar. (D), as so redesignated,
"subparagraphs (C), (D), and (E) of this paragraph" for "paragraphs
(3), (4), and (5) of this subsection" in cl. (i) of subpar. (E), as
so redesignated, "clause (i) and this clause" for "subparagraph (A)
and this subparagraph" in cl. (ii) of subpar. (E), as so
redesignated, and added par. (2).
1977 - Subsec. (c). Pub. L. 95-212, Sec. 1(1), inserted
provisions that States in which the State fish and wildlife
agencies do not possess the broad authority to conserve all
resident species of fish and wildlife which the Secretary
determines to be threatened or endangered may nevertheless qualify
for cooperative agreement funds if they satisfy all other
requirements and have plans to devote immediate attention to those
species most urgently in need of conservation programs.
Subsec. (i). Pub. L. 95-212, Sec. 1(2), substituted provisions
authorizing appropriations of $10,000,000 to cover the period
ending Sept. 30, 1977, and $16,000,000 to cover the period
beginning Oct. 1, 1977, and ending Sept. 30, 1981, for provisions
authorizing appropriations of not to exceed $10,000,000 through the
fiscal year ending June 30, 1977.
COOPERATIVE AGREEMENTS WITH STATES UNAFFECTED BY 1981 AMENDMENT OF
MARINE MAMMAL PROTECTION ACT
Nothing in the amendment of section 1379 of this title by section
4(a) of Pub. L. 97-58 to be construed as affecting in any manner
any cooperative agreement entered into by a State under subsec. (c)
of this section before, on, or after Oct. 9, 1981, see section 4(b)
of Pub. L. 97-58, set out as a note under section 1379 of this
title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 668dd, 1533, 1538, 1540,
1542, 1544 of this title.
-End-
-CITE-
16 USC Sec. 1536 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 35 - ENDANGERED SPECIES
-HEAD-
Sec. 1536. Interagency cooperation
-STATUTE-
(a) Federal agency actions and consultations
(1) The Secretary shall review other programs administered by him
and utilize such programs in furtherance of the purposes of this
chapter. All other Federal agencies shall, in consultation with and
with the assistance of the Secretary, utilize their authorities in
furtherance of the purposes of this chapter by carrying out
programs for the conservation of endangered species and threatened
species listed pursuant to section 1533 of this title.
(2) Each Federal agency shall, in consultation with and with the
assistance of the Secretary, insure that any action authorized,
funded, or carried out by such agency (hereinafter in this section
referred to as an "agency action") is not likely to jeopardize the
continued existence of any endangered species or threatened species
or result in the destruction or adverse modification of habitat of
such species which is determined by the Secretary, after
consultation as appropriate with affected States, to be critical,
unless such agency has been granted an exemption for such action by
the Committee pursuant to subsection (h) of this section. In
fulfilling the requirements of this paragraph each agency shall use
the best scientific and commercial data available.
(3) Subject to such guidelines as the Secretary may establish, a
Federal agency shall consult with the Secretary on any prospective
agency action at the request of, and in cooperation with, the
prospective permit or license applicant if the applicant has reason
to believe that an endangered species or a threatened species may
be present in the area affected by his project and that
implementation of such action will likely affect such species.
(4) Each Federal agency shall confer with the Secretary on any
agency action which is likely to jeopardize the continued existence
of any species proposed to be listed under section 1533 of this
title or result in the destruction or adverse modification of
critical habitat proposed to be designated for such species. This
paragraph does not require a limitation on the commitment of
resources as described in subsection (d) of this section.
(b) Opinion of Secretary
(1)(A) Consultation under subsection (a)(2) of this section with
respect to any agency action shall be concluded within the 90-day
period beginning on the date on which initiated or, subject to
subparagraph (B), within such other period of time as is mutually
agreeable to the Secretary and the Federal agency.
(B) In the case of an agency action involving a permit or license
applicant, the Secretary and the Federal agency may not mutually
agree to conclude consultation within a period exceeding 90 days
unless the Secretary, before the close of the 90th day referred to
in subparagraph (A) -
(i) if the consultation period proposed to be agreed to will
end before the 150th day after the date on which consultation was
initiated, submits to the applicant a written statement setting
forth -
(I) the reasons why a longer period is required,
(II) the information that is required to complete the
consultation, and
(III) the estimated date on which consultation will be
completed; or
(ii) if the consultation period proposed to be agreed to will
end 150 or more days after the date on which consultation was
initiated, obtains the consent of the applicant to such period.
The Secretary and the Federal agency may mutually agree to extend a
consultation period established under the preceding sentence if the
Secretary, before the close of such period, obtains the consent of
the applicant to the extension.
(2) Consultation under subsection (a)(3) of this section shall be
concluded within such period as is agreeable to the Secretary, the
Federal agency, and the applicant concerned.
(3)(A) Promptly after conclusion of consultation under paragraph
(2) or (3) of subsection (a) of this section, the Secretary shall
provide to the Federal agency and the applicant, if any, a written
statement setting forth the Secretary's opinion, and a summary of
the information on which the opinion is based, detailing how the
agency action affects the species or its critical habitat. If
jeopardy or adverse modification is found, the Secretary shall
suggest those reasonable and prudent alternatives which he believes
would not violate subsection (a)(2) of this section and can be
taken by the Federal agency or applicant in implementing the agency
action.
(B) Consultation under subsection (a)(3) of this section, and an
opinion issued by the Secretary incident to such consultation,
regarding an agency action shall be treated respectively as a
consultation under subsection (a)(2) of this section, and as an
opinion issued after consultation under such subsection, regarding
that action if the Secretary reviews the action before it is
commenced by the Federal agency and finds, and notifies such
agency, that no significant changes have been made with respect to
the action and that no significant change has occurred regarding
the information used during the initial consultation.
(4) If after consultation under subsection (a)(2) of this
section, the Secretary concludes that -
(A) the agency action will not violate such subsection, or
offers reasonable and prudent alternatives which the Secretary
believes would not violate such subsection;
(B) the taking of an endangered species or a threatened species
incidental to the agency action will not violate such subsection; (continued)