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The Endangered Species
Act of 1973*
Contents
- FINDINGS, PURPOSES,
AND POLICY -- SEC. 2.
- DEFINITIONS -- SEC.
3.
- DETERMINATION OF ENDANGERED
SPECIES AND THREATENED SPECIES -- SEC. 4.
- LAND ACQUISITION --
SEC. 5.
- COOPERATION WITH THE
STATES -- SEC. 6.
- INTERAGENCY COOPERATION
-- SEC. 7.
- INTERNATIONAL COOPERATION
-- SEC. 8.
- CONVENTION IMPLEMENTATION
-- SEC. 8A.
- PROHIBITED ACTS -- SEC.
9.
- EXCEPTIONS -- SEC.
10.
- PENALTIES AND ENFORCEMENT
-- SEC. 11.
- ENDANGERED PLANTS --
SEC. 12.
- CONFORMING AMENDMENTS
-- SEC. 13.
- REPEALER -- SEC.
14.
- AUTHORIZATION OF APPROPRIATIONS
-- SEC. 15.
- EFFECTIVE DATE -- SEC.
16.
- MARINE MAMMAL PROTECTION
ACT OF 1972 -- SEC. 17.
- ANNUAL COST ANALYSIS BY THE FISH AND WILDLIFE SERVICE. -- SEC. 18.
* As amended by P.L. 94–325, June 30, 1976; P.L. 94–359, July 12, 1976; P.L. 95–212, December
19, 1977; P.L. 95–632, November 10, 1978; P.L. 96–159, December 28, 1979; 97–304, October
13, 1982; P.L. 98–327, June 25, 1984; and P.L. 100–478, October 7, 1988; P.L. 100–653, November
14, 1988; and P.L. 100–707, November 23, 1988; and P.L. 108-136, November 24, 2003.
Findings, Purposes,
and Policy
SEC. 2.
(a) FINDINGS.-The Congress finds and declares that-
(1) various species of fish, wildlife, and plants in the United States have
been rendered extinct as a consequence of economic growth and development untempered
by adequate concern and conservation;
(2) other species of fish, wildlife, and plants have been so depleted in numbers
that they are in danger of or threatened with extinction;
(3) these species of fish, wildlife, and plants are of aesthetic, ecological,
educational, historical, recreational, and scientific value to the Nation and
its people;
(4) the United States has pledged itself as a sovereign state in the international
community to conserve to the extent practicable the various species of fish
or wildlife and plants facing extinction, pursuant to-
(A) migratory bird treaties with Canada and Mexico;
(B) the Migratory and Endangered Bird Treaty with Japan;
(C) the Convention on Nature Protection and Wildlife Preservation in the Western
Hemisphere;
(D) the International Convention for the Northwest Atlantic Fisheries;
(E) the International Convention for the High Seas Fisheries of the North Pacific
Ocean;
(F) the Convention on International Trade in Endangered Species of Wild Fauna
and Flora; and
(G) other international agreements; and
(5) encouraging the States and other interested parties, through Federal financial
assistance and a system of incentives, to develop and maintain conservation
programs which meet national and international standards is a key to meeting
the Nation's international commitments and to better safeguarding, for the benefit
of all citizens, the Nation's heritage in fish, wildlife, and plants.
(b) PURPOSES.-The purposes of this Act are to provide a means whereby the ecosystems
upon which endangered species and threatened species depend may be conserved,
to provide a program for the conservation of such endangered species and threatened
species, and to take such steps as may be appropriate to achieve the purposes
of the treaties and conventions set forth in subsection (a) of this section.
(c) POLICY.-
(1) It Is further declared to be the policy of Congress that all Federal departments
and agencies shall seek to conserve endangered species and threatened species
and shall utilize their authorities in furtherance of the purposes of this Act.
(2) It is further declared to be the policy of Congress that Federal agencies
shall cooperate with State and local agencies to resolve water resource issues
in concert with conservation of endangered species.
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Definitions
SEC. 3. For the purposes of this Act-
(1) The term "alternative courses of action" means all alternatives and thus
is not limited to original project objectives and agency jurisdiction.
(2) The term "commercial activity" means all activities of industry and trade,
including, but not limited to, the buying or selling of commodities and activities
conducted for the purpose of facilitating such buying and selling: Provided,
however, that it does not include exhibitions of commodities by museums or similar
cultural or historical organizations.
(3) The terms "conserve," "conserving," and "conservation" mean to use and the
use of all methods and procedures which are necessary to bring any endangered
species or threatened species to the point at which the measures provided pursuant
to this Act are no longer necessary. Such methods and procedures include, but
are not limited to, all activities associated with scientific resources management
such as research, census, law enforcement, habitat acquisition and maintenance,
propagation, live trapping, and transplantation, and, in the extraordinary
case where population pressures within a given ecosystem cannot be otherwise
relieved, may include regulated taking.
(4) The term "Convention" means the Convention on International Trade in Endangered
Species of Wild Fauna and Flora, signed on March 3, 1973, and the appendices
thereto.
(5)(A) The term "critical habitat" for a threatened or endangered species means-
(i) the specific areas within the geographical area occupied by the species,
at the time it is listed in accordance with the provisions of section 4 of this
Act, on which are found those physical or biological features (I) essential
to the conservation of the species and (II) which may require special management
considerations or protection; and
(ii) specific areas outside the geographical area occupied by the species at
the time it is listed in accordance with the provisions of section 4 of this
Act, upon a determination by the Secretary that such areas are essential for
the conservation of the species.
(B) Critical habitat may be established for those species now listed as threatened
or endangered species for which no critical habitat has heretofore been established
as set forth in subparagraph (A) of this paragraph.
(C) Except in those circumstances determined by the Secretary, critical habitat
shall not include the entire geographical area which can be occupied by the
threatened or endangered species.
(6) The term "endangered species" means any species which is in danger of extinction
throughout all or a significant portion of its range other than a species of
the Class Insecta determined by the Secretary to constitute a pest whose protection
under the provisions of this Act would present an overwhelming and overriding
risk to man.
(7) The term "Federal agency" means any department, agency, or instrumentality
of the United States.
(8) The term "fish or wildlife" means any member of the animal kingdom, including
without limitation any mammal, fish, bird (including any migratory, nonmigratory,
or endangered bird for which protection is also afforded by treaty or other
international agreement), amphibian, reptile, mollusk, crustacean, arthropod
or other invertebrate, and includes any part, product, egg, or offspring thereof,
or the dead body or parts thereof.
(9) The term "foreign commerce" includes, among other things, any transaction-
(A) between persons within one foreign country;
(B) between persons in two or more foreign countries;
(C) between a person within the United States and a person in a foreign country;
or
(D) between persons within the United States, where the fish and wildlife in
question are moving in any country or countries outside the United States.
(10) The term "import" means to land on, bring into, or introduce into, or attempt
to land on, bring into, or introduce into, any place subject to the jurisdiction
of the United States, whether or not such landing, bringing, or introduction
constitutes an importation within the meaning of the customs laws of the United
States.
(11) The term "permit or license applicant" means, when used with respect to an action of a Federal agency for which exemption is sought under section 7, any person whose application to such agency for a permit or license has been denied primarily because of the application of section 7(a) to such agency action.
(12) "The term person means an individual, corporation, partnership, trust,
association, or any other private entity; or any officer, employee, agent, department,
or instrumentality of the Federal Government, of any State, municipality, or
political subdivision of a State, or of any foreign government; any State, municipality,
or political subdivision of a State; or any other entity subject to the jurisdiction
of the United States."
(13) The term "plant" means any member of the plant kingdom, including seeds,
roots and other parts thereof.
(14) The term "Secretary" means, except as otherwise herein provided, the Secretary
of the Interior or the Secretary of Commerce as program responsibilities are
vested pursuant to the provisions of Reorganization Plan Numbered 4 of 1970;
except that with respect to the enforcement of the provisions of this Act and
the Convention which pertain to the importation or exportation of terrestrial
plants, the term also means the Secretary of Agriculture.
(15) The term "species" includes any subspecies of fish or wildlife or plants,
and any distinct population segment of any species or vertebrate fish or wildlife
which interbreeds when mature.
(16) The term "State" means any of the several States, the District of Columbia,
the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and
the Trust Territory of the Pacific Islands.
(17) The term "State agency" means any State agency, department, board, commission,
or other governmental entity which is responsible for the management and conservation
of fish, plant, or wildlife resources within a State.
(18) The term "take" means to harass, harm, pursue, hunt, shoot, wound, kill,
trap, capture, or collect, or to attempt to engage in any such conduct.
(19) The term "threatened species" means any species which is likely to become
an endangered species within the foreseeable future throughout all or a significant
portion of its range.
(20) The term "United States," when used in a geographical context, includes
all States.
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Determination of Edangered
Species and Threatened Species
Sec. 4.
(a) GENERAL.-
(1) The Secretary shall by regulation promulgated in accordance with subsection
(b) determine whether any species is an endangered species or a threatened species
because of any of the following factors:
(A) the present or threatened destruction, modification, or curtailment of its
habitat or range;
(B) overutilization for commercial, recreational, scientific, or educational
purposes;
(C) disease or predation;
(D) the inadequacy of existing regulatory mechanisms;
(E) other natural or manmade factors affecting its continued existence.
(2) With respect to any species over which program responsibilities have been
vested in the Secretary of Commerce pursuant to Reorganization Plan Numbered
4 of 1970-
(A) in any case in which the Secretary of Commerce determines that such species
should-
(i) be listed as an endangered species or a threatened species, or
(ii) be changed in status from a threatened species to an endangered species,
he shall so inform the Secretary of the Interior, who shall list such species
in accordance with this section;
(B) in any case in which the Secretary of Commerce determines that such species
should-
(i) be removed from any list published pursuant to subsection (c) of this section,
or
(ii) be changed in status from an endangered species to a threatened species,
he shall recommend such action to the Secretary of the Interior, and the Secretary
of the Interior, if he concurs in the recommendation, shall implement such action;
and
(C) the Secretary of the Interior may not list or remove from any list any such
species, and may not change the status of any such species which are listed,
without a prior favorable determination made pursuant to this section by the
Secretary of Commerce.
(3)(A) The Secretary, by regulation promulgated in accordance with subsection (b) and to the maximum extent prudent and determinable-
(i) shall, concurrently with making a determination under paragraph (1) that a species is an endangered species or a threatened species, designate any habitat of such species which is then considered to be critical habitat; and
(ii) may, from time-to-time thereafter as appropriate, revise such designation.
(B)(i) The Secretary shall not designate as critical habitat any lands or other geographical areas owned or controlled by the Department of Defense, or designated for its use, that are subject to an integrated natural resources management plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a), if the Secretary determines in writing that such plan provides a benefit to the species for which critical habitat is proposed for designation.
(ii) Nothing in this paragraph affects the requirement to consult under section 7(a)(2) with respect to an agency action (as that term is defined in that section).
(iii)
Nothing in this paragraph affects the obligation of the Department of Defense to comply with section 9, including the prohibition preventing extinction and taking of endangered species and threatened species.
(b) BASIS FOR DETERMINATIONS.-
(1)(A) The Secretary shall make determinations required by subsection (a)(1)
solely on the basis of the best scientific and commercial data available to
him after conducting a review of the status of the species and after taking
into account those efforts, if any, being made by any State or foreign nation,
or any political subdivision of a State or foreign nation, to protect such species,
whether by predator control, protection of habitat and food supply, or other
conservation practices, within any area under its jurisdiction, or on the high
seas.
(B) In carrying out this section, the Secretary shall give consideration to
species which have been-
(i) designated as requiring protection from unrestricted commerce by any foreign
nation, or pursuant to any international agreement; or
(ii) identified as in danger of extinction, or likely to become so within the
foreseeable future, by any State agency or by any agency of a foreign nation
that is responsible for the conservation of fish or wildlife or plants.
(2) The Secretary shall designate critical habitat, and make revisions thereto,
under subsection (a)(3) on the basis of the best scientific data available and
after taking into consideration the economic impact, the impact on national security, and any other relevant
impact, of specifying any particular area as critical habitat. The Secretary
may exclude any area from critical habitat if he determines that the benefits
of such exclusion outweigh the benefits of specifying such area as part of the
critical habitat, unless he determines, based on the best scientific and commercial
data available, that the failure to designate such area as critical habitat
will result in the extinction of the species concerned.
(3)(A) To the maximum extent practicable, within 90 days after receiving the
petition of an interested person under section 553(e) of title 5, United States
Code, to add a species to, or to remove a species from, either of the lists
published under subsection (c), the Secretary shall make a finding as to whether
the petition presents substantial scientific or commercial information indicating
that the petitioned action may be warranted. If such a petition is found to
present such information, the Secretary shall promptly commence a review of
the status of the species concerned. The Secretary shall promptly publish each
finding made under this subparagraph in the Federal Register.
(B) Within 12 months after receiving a petition that is found under subparagraph
(A) to present substantial information indicating that the petitioned action
may be warranted, the Secretary shall make one of the following findings:
(i) The petitioned action is not warranted, in which case the Secretary shall
promptly publish such finding in the Federal Register.
(ii) The petitioned action is warranted in which case the Secretary shall promptly
publish in the Federal Register a general notice and the complete text of a
proposed regulation to implement such action in accordance with paragraph (5).
(iii) The petitioned action is warranted but that-
(I) the immediate proposal and timely promulgation of a final regulation implementing
the petitioned action in accordance with paragraphs (5) and (6) is precluded
by pending proposals to determine whether any species is an endangered species
or a threatened species, and
(II) expeditious progress is being made to add qualified species to either of
the lists published under subsection (c) and to remove from such lists species
for which the protec- tions of the Act are no longer necessary, in which case
the Secretary shall promptly publish such finding in the Federal Register, together
with a description and evaluation of the reasons and data on which the finding
is based.
(C)(i) A petition with respect to which a finding is made under subparagraph
(B)(iii) shall be treated as a petition that is resubmitted to the Secretary
under subparagraph (A) on the date of such finding and that presents substantial
scientific or commercial information that the petitioned action may be warranted.
(ii) Any negative finding described in subparagraph (A) and any finding described
in subparagraph (B) (i) or (iii) shall be subject to judicial review.
(iii) The Secretary shall implement a system to monitor effectively the status
of all species with respect to which a finding is made under subparagraph (B)(iii)
and shall make prompt use of the authority under paragraph 71 to prevent a significant
risk to the well being of any such species.
(D)(i) To the maximum extent practicable, within 90 days after receiving the
petition of an interested person under section 553(e) of title 5, United States
Code, to revise a critical habitat designation, the Secretary shall make a finding
as to whether the petition presents substantial scientific information indicating
that the revision may be warranted. The Secretary shall promptly publish such
finding in the Federal Register.
(ii) Within 12 months after receiving a petition that is found under clause
(i) to present substantial information indicating that the requested revision
may be warranted, the Secretary shall determine how he intends to proceed with
the requested revision, and shall promptly publish notice of such intention
in the Federal Register.
(4) Except as provided in paragraphs (5) and (6) of this subsection, the provisions
of section 553 of title 5, United States Code (relating to rulemaking procedures),
shall apply to any regulation promulgated to carry out the purposes of this
Act.
(5) With respect to any regulation proposed by the Secretary to implement a
determination, designation, or revision referred to in subsection (a) (1) or
(3), the Secretary shall-
(A) not less than 90 days before the effective date of the regulation-
(i) publish a general notice and the complete text of the proposed regulation
in the Federal Register, and
(ii) give actual notice of the proposed regulation (including the complete text
of the regulation) to the State agency in each State in which the species is
believed to occur, and to each county or equivalent jurisdiction in which the
species is believed to occur, and invite the comment of such agency, and each
such jurisdiction, thereon;
(B) insofar as practical, and in cooperation with the Secretary of State, give
notice of the proposed regulation to each foreign nation in which the species
is believed to occur or whose citizens harvest the species on the high seas,
and invite the comment of such nation thereon;
(C) give notice of the proposed regulation to such professional scientific organizations
as he deems appropriate;
(D) publish a summary of the proposed regulation in a newspaper of general circulation
in each area of the United States in which the species is believed to occur;
and
(E) promptly hold one public hearing on the proposed regulation if any person
files a request for such a hearing within 45 days after the date of publication
of general notice.
(6)(A) Within the one-year period beginning on the date on which general notice
is published in accordance with paragraph (5)(A)(i) regarding a proposed regulation,
the Secretary shall publish in the Federal Register-
(i) if a determination as to whether a species is an endangered species or a
threatened species, or a revision of critical habitat, is involved, either-
(I) a final regulation to implement such determination,
(II) a final regulation to implement such revision or a finding that such revision
should not be made,
(III) notice that such one-year period is being extended under subparagraph
(B)(i), or
(IV) notice that the proposed regulation is being withdrawn under subparagraph
(B)(ii), together with the finding on which such withdrawal is based; or
(ii) subject to subparagraph (C), if a designation of critical habitat is involved,
either-
(I) a final regulation to implement such designation, or
(II) notice that such one-year period is being extended under such subparagraph.
(B)(i) If the Secretary finds with respect to a proposed regulation referred
to in subparagraph (A)(i) that there is substantial disagreement regarding the
sufficiency or accuracy of the available data relevant to the determination
or revision concerned the Secretary may extend the one-year period specified
in subparagraph (A) for not more than six months for purposes of soliciting
additional data.
(ii) If a proposed regulation referred to in subparagraph (a)(i) is not promulgated
as a final regulation within such one-year period (or longer period if extension
under clause (i) applies) because the Secretary finds that there is not sufficient
evidence to justify the action proposed by the regulation the Secretary shall
immediately withdraw the regulation. The finding on which a withdrawal is based
shall be subject to judicial review. The Secretary may not propose a regulation
that has previously been withdrawn under this clause unless he determines that
sufficient new information is available to warrant such proposal.
(iii) If the one-year period specified in subparagraph (A) is extended under
clause (i) with respect to a proposed regulation, then before the close of such
extended period the Secretary shall publish in the Federal Register either a
final regulation to implement the determination or revision concerned, a finding
that the revision should not be made, or a notice of withdrawal of the regulation
under clause (ii), together with the finding on which the withdrawal is based.
(C) A final regulation designating critical habitat of an endangered species
or a threatened species shall be published concurrently with the final regulation
implementing the determination that such species is endangered or threatened,
unless the Secretary deems that-
(i) it is essential to the conservation of such species that the regulation
implementing such determination be promptly published; or
(ii) critical habitat of such species is not then determinable, in which case
the Secretary, with respect to the proposed regulation to designate such habitat,
may extend the one-year period specified in subparagraph (A) by not more than
one additional year, but not later than the close of such additional year the
Secretary must publish a final regulation, based on such data as may be available
at that time, designating, to the maximum extent prudent, such habitat.
(7) Neither paragraph (4), (5), or (6) of this subsection nor section 553 of
title 5, United States Code, shall apply to any regulation issued by the Secretary
in regard to any emergency posing a significant risk to the well-being of any
species of fish and wildlife or plants, but only if-
(A) at the time of publication of the regulation in the Federal Register the
Secretary publishes therein detailed reasons why such regulation is necessary;
and
(B) in the case such regulation applies to resident species of fish or wildlife,
or plants, the Secretary gives actual notice of such regulation to the State
agency in each State in which such species is believed to occur.
Such regulation shall, at the discretion of the Secretary, take effect immediately
upon the publication of the regulation in the Federal Register. Any regulation
promulgated under the authority of this paragraph shall cease to have force
and effect at the close of the 240-day period following the date of publication
unless, during such 240-day period, the rulemaking procedures which would apply
to such regulation without regard to this paragraph are complied with. If at
any time after issuing an emergency regulation the Secretary determines, on
the basis of the best appropriate data available to him, that substantial evidence
does not exist to warrant such regulation, he shall withdraw it.
(8) The publication in the Federal Register of any proposed or final regulation
which is necessary or appropriate to carry out the purposes of this Act shall
include a summary by the Secretary of the data on which such regulation is based
and shall show the relationship of such data to such regulation; and if such
regulation designates or revises critical habitat, such summary shall, to the
maximum extent practicable, also include a brief description and evaluation
of those activities (whether public or private) which, in the opinion of the
Secretary, if undertaken may adversely modify such habitat, or may be affected
by such designation.
(c) LISTS.-
(1) The Secretary of the Interior shall publish in the Federal Register a list
of all species determined by him or the Secretary of Commerce to be endangered
species and a list of all species determined by him or the Secretary of Commerce
to be threatened species. Each list shall refer to the species contained therein
by scientific and common name or names, if any, specify with respect to such
species over what portion of its range it is endangered or threatened, and specify
any critical habitat within such range. The Secretary shall from time to time
revise each list published under the authority of this subsection to reflect
recent determinations, designations, and revisions made in accordance with subsections
(a) and (b).
(2) The Secretary shall-
(A) conduct, at least once every five years, a review of all species included
in a list which is published pursuant to paragraph (1) and which is in effect
at the time of such review; and
(B) determine on the basis of such review whether any such species should-
(i) be removed from such list;
(ii) be changed in status from an endangered species to a threatened species;
or
(iii) be changed in status from a threatened species to an endangered species.
Each determination under subparagraph (B) shall be made in accordance with the
provisions of subsection (a) and (b).
(d) PROTECTIVE REGULATIONS.-Whenever any species is listed as a threatened species
pursuant to subsection (c) of this section, the Secretary shall issue such regulations
as he deems necessary and advisable to provide for the conservation of such
species. The Secretary may by regulation prohibit with respect to any threatened
species any act prohibited under section 9(a)(1), in the case of fish or wildlife,
or section 9(a)(2), in the case of plants, with respect to endangered species;
except that with respect to the taking of resident species of fish or wildlife,
such regulations shall apply in any State which has entered into a cooperative
agreement pursuant to section 6(c) of this Act only to the extent that such
regulations have also been adopted by such State.
(e) SIMILARITY OF APPEARANCE CASES.-The Secretary may, by regulation of commerce
or taking, and to the extent he deems advisable, treat any species as an endangered
species or threatened species even though it is not listed pursuant to section
4 of this Act if he finds that-
(A) such species so closely resembles in appearance, at the point in question,
a species which has been listed pursuant to such section that enforcement personnel
would have substantial difficulty in attempting to differentiate between the
listed and unlisted species;
(B) the effect of this substantial difficulty is an additional threat to an
endangered or threatened species; and
(C) such treatment of an unlisted species will substantially facilitate the
enforcement and further the policy of this Act.
(f)(1) RECOVERY PLANS.-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 development and implementing recovery plans,
shall, to the maximum extent practicable-
(A) give priority to those endangered species or threatened species, without
regard to taxonomic classification, that are most likely to benefit from such
plans, particularly those species that are, or may be, in conflict with construction
or other development projects or other forms of economic activity; and
(B) incorporate in each plan-
(i) a description of such site-specific management actions as may be necessary
to achieve the plan's goal for the conservation and survival of the species;
(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
Act 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).
(2) The Secretary shall make prompt use of the authority under paragraph 7 of
subsection (b) of this section to prevent a significant risk to the well being
of any such recovered species.
(h) AGENCY GUIDELINES.-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 the 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) 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) 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), 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.
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Land Acquisition
SEC. 5.
(a) PROGRAM.-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 4 of this Act. 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, the Fish and Wildlife Coordination Act, as
amended, and the Migratory Bird Conservation Act, 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 vested in him.
(b) ACQUISITIONS.-Funds made available pursuant to the Land and Water Conservation
Fund Act of 1965, as amended, may be used for the purpose of acquiring lands,
waters, or interests therein under subsection (a) of this section.
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Cooperation with the
States
SEC. 6.
(a) GENERAL.-In carrying out the program authorized by this Act, 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 401 of the Act of June 15, 1935 (49 Stat. 383;
16 U.S.C. 715s).
(c)(1) COOPERATIVE AGREEMENTS.-In furtherance of the purposes of this Act, 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 Act. Unless he determines, pursuant
to this paragraph, that the State program is not in accordance with this Act,
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 Act, 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 threat- ened 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 paragraphs (3), (4), and (5) of this subsection
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 and this subparagraph
shall not affect the applicability of prohibitions set forth in or authorized
pursuant to section 4(d) or section 9(a)(1) with respect to the taking of any
resident endangered or threatened species.
(2) In furtherance of the purposes of this Act, 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 Act. Unless he determines, pursuant to this paragraph,
that the State program is not in accordance with this Act, 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 adeq
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