esa section 7 text

SOCIAL MEDIA (d) LIMITATION ON COMMITMENT OF RESOURCES.After initiation of consultation required under subsection (a)(2), the Federal agency and the permit or license applicant shall not make any irreversible or irretrievable commitment of resources with respect to the agency action which has the effect of foreclosing the formulation or implementation of any reasonable and prudent alternative measures which would not violate subsection (a)(2). (4) If after consultation under subsection (a)(2), 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; and (C) if an endangered species or threatened species of a marine mammal is involved, the taking is authorized pursuant to section 101(a)(5) of the Marine Mammal Protection Act of 1972; the Secretary shall provide the Federal agency and the applicant concerned, if any, with a written statement that (i) specifies the impact of such incidental taking on the species, (ii) specifies those reasonable and prudent measures that the Secretary considers necessary or appropriate to minimize such impact, (iii) in the case of marine mammals, specifies those measures that are necessary to comply with section 101(a)(5) of the Marine Mammal Protection Act of 1972 with regard to such taking, and (iv) sets forth the terms and conditions (including, but not limited to, reporting requirements) that must be complied with by the Federal agency or applicant (if any), or both, to implement the measures specified under clauses (ii) and (iii). 5 Land acquisition. [ESA Section 7]Interagency cooperation 7. (B) Consultation under subsection (a)(3), 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), 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. (E) The Administrator of General Services shall provide to the Committee on a reimbursable basis such administrative support services as the Committee may request. (k) SPECIAL PROVISIONS.An exemption decision by the Committee under this section shall not be a major Federal action for purposes of the National Environ mental Policy Act of 1969 (42 U.S.C. In the early stages of project planning, for example, a Federal agency approaches the Service and requests informal consultation. Any reasonable and prudent measures specified under section 7 of the Endangered Species Act (16 U.S.C. It shows the steps responsible entities should take to comply with Section 7 of the Endangered Species Act (ESA). ��%46�m7�� @��( Such assessment may be undertaken as part of a Federal agencys compliance with the requirements of section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. Fish and Wildlife Service (“FWS”) and/or the National Oceanic and Atmospheric Administration Fisheries Service (“NOAA Fisheries,” and, with FWS, the “Services”), to ensure that The applicant for an exemption shall be referred to as the exemption applicant in this section. TABLE OF CONTENTS 1. View a brief presentation about this section of the Act, or download the transcript or audio. Sec. All necessary mitigation and enhancement measures shall be authorized prior to the implementing of the agency action and funded concurrently with all other project features. Section 7(a)(2) 8 . (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 Act. (4) If the Secretary determines that the Federal agency concerned and the exemption applicant have met the requirements set forth in paragraph (3)(A)(i), (ii), and (iii) he shall, in consultation with the Members of the Committee, hold a hearing on the application for exemption in accordance with sections 554, 555, and 556 (other than subsection (b)(1) and (2) thereof) of title 5, United States Code, and prepare the report to be submitted pursuant to paragraph (5). ESA Procurement Regulations and related Implementing Instructions. Section 7 of the Endangered Species Act requires federal agencies to ensure that actions they authorize, fund, or carry out do not jeopardize the existence of any species listed under the ESA, or destroy or adversely modify designated critical habitat of any listed species. 1536) to minimize the impact of an action taken under this section shall be related both in nature and extent to the effect of the action taken to repair the flood control project, facility or structure.” (8) All meetings and records resulting from activities pursuant to this subsection shall be open to the public. 4321 et seq. SEC. • The federal action agency can use existing processes (such as ESA Section 7 consultation) to support EFH consultations. ��mK��}H�ݹ�&VO;*m�Dt�ybkE� ݸ�4�Y뗠K?ND�� C��\��녻�b��]��>{�_� (3) The Secretary shall within 20 days after the receipt of an application for exemption, or within such other period of time as is mutually agreeable to the exemption applicant and the Secretary (A) determine that the Federal agency concerned and the exemption applicant have (i) carried out the consultation responsibilities described in subsection (a) in good faith and made a reasonable and responsible effort to develop andfairly consider modifications or reasonable and prudent alternatives to the proposed agency action which would not violate subsection (a)(2); (ii) conducted any biological assessment required by subsection (c); and (iii) to the extent determinable within the time provided herein, refrained from making any irreversible or irretrievable commitment of resources prohibited by subsection (d); or (B) deny the application for exemption because the Federal agency concerned or the exemption applicant have not met the requirements set forth in subparagraph (A)(i), (ii), and (iii). Section 1534. (p) EXEMPTIONS IN PRESIDENTIALLY DECLARED DISASTER AREAS.In any area which has been declared by the President to be a major disaster area under the Disaster Relief and Emergency Assistance Act, the President is authorized to make the determinations required by subsections (g) and (h) of this section for any project for the repair or replacement of a public facility substantially as it existed prior to the disaster under section 405 or 406 of the Disaster Relief and Emergency Assistance Act, and which the President determines (1) is necessary to prevent the recurrence of such a natural disaster and to reduce the potential loss of human life, and (2) to involve an emergency situation which does not allow the ordinary procedures of this section to be followed. �"m��&m.r�ț��m��6� �KRH-i��N��K99La0ƧFr�8� 4W�xa��1��Ў~�[�mG*��Y˾��ᩢ�&��B��lL-ͽ�8z�'��H�5�Sj�H��IΛ$�M�$Ai��~�͕�A�1o �ǟ (b) OPINION OF SECRETARY.(1)(A) Consultation under subsection (a)(2) 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. of the ESA "contains both substantive and procedural requirements." Section 9 prohibits unlawful ‘take,’ of such species, which means to “harass, harm, hunt...”. This flowchart is intended for responsible entities conducting environmental reviews. No later than one year after the granting of an exemption, the exemption applicant shall submit to the Council on Environmental Quality a report describing its compliance with the mitigation and enhancement measures prescribed by this section. [ESA Section 5] Land Acquisition [omitted] 5. ]W�*4�P�J��SV�4��_��[� �MY �;��}�f�B�[47��k�cRcj��w�ƞO��[�Ⲽ��1zN��g�k3�3�_��@9l�bU�.ꢄ��ի tP�+C&/��&��捼J��nZV5��I��4��xc��QM�Qt�>F\8�gՕ�ɍ$Eh��F�9K��?UP��ݕ��X��xf�K�� .�;#��+��v\c��6��L�x��l|+k�^Rv�u;P�b��L)�Q!S!��;D�RH;&i��~ ;�� 5��8�m��3}Ѹ��"�g#�J�{�Fw�� Penalties and enforcement, Sec. (B) Upon receipt of an application for exemption for an agency action under paragraph (1), the Secretary shall promptly (i) notify the Governor of each affected State, if any, as determined by the Secretary, and request the Governors so notified to recommend individuals to be appointed to the Endangered Species Committee for consideration of such application; and (ii) publish notice of receipt of the application in the Federal Register, including a summary of the information contained in the application and a description of the agency action with respect to which the application for exemption has been filed. (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. 8 ESA § 7(d), 16 U.S.C. (10) In no case shall any representative, including a representative of a member designated pursuant to paragraph (3)(G) of this subsection, be eligible to cast a vote on behalf of any member. �:F9NP��&jJ(�q;�̞;;�^@gѣ�3��az��گ��s��f�dC� �� A��wo�7�W=BC-1�י��U�krieVV��;{��"v! Section 1537. seq.). Notwithstanding the preceding sentence the costs of such measures shall not be treated as project costs for the purpose of computing benefit-cost or other ratios for the proposed action. Fish and Wildlife Service and ESA Section 7(a)(1) (Paul Hartfield, USFWS MS Field Office). Upon request of the Chairman of the Committee, the head of such Federal agency shall furnish such information to the Committee. (7)(A) The Committee may for the purpose of carrying out its duties under this section hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Committee deems advisable. Fish and Wildlife Service (FWS) requires project review information to meet the requirements of Section 7(c) of the Endangered Species Act (EA) of 1973, as amended (16 U.S.C. Any person, as defined by section 3(13) of this Act, may obtain judicial review, under chapter 7 of title 5 of the United States Code, of any decision of the Endangered Species Committee under subsection (h) in the United States Court of Appeals for (1) any circuit wherein the agency action concerned will be, or is being, carried out, or (2) in any case in which the agency action will be, or is being, carried out outside of any circuit, the District of Columbia, by filing in such court within 90 days after the date of issuance of the decision, a written petition for review. Such regulations shall require that information submitted in an application by the head of any Federal agency with respect to any agency action include, but not be limited to (1) a description of the consultation process carried out pursuant to subsection (a)(2) of this section between the head of the Federal agency and the Secretary; and (2) a statement describing why such action cannot be altered or modified to conform with the requirements of subsection (a)(2) of this section. This is where agency biologists will likely spend most of their ESA-related time. n��M �S�K,.��%��.1Pأ�#�%�1��|��HP�j��1��GOp�Yd��S�q齞��z��G?� Under Section 7, Federal agencies must consult with the U.S. [a]fter initiation of consultation required under subsection (a)(2) of this section, the Federal agency and the permit or license applicant shall not make any irreversible or irretrievable commitment of resources with respect to the agency action which has the H�t�yPSY��KH^x/��i�Q��mApE�4@"$��&� �A�ma�pAmT\�Z��qGg�iD�g�D�]3��c�ک{�V�{�9u��q\��{��Z��MB��df�mi�>G�NfE�"9 ��:'�V��q�;6E�b�bWfY"��8U��ƈ��xqT��+.E��J�~��b�gB��Wo�X)UI�i�fw�B.��aR��$,ܨP&J�_��a<66��X`�P�j[�a^��0,�c��F`]�c\��X�Y�,%��g�v��"�o9K9�w\��#��|x�3�js��ܼ��_��"K��3=f��*�j�z�u��Z�N��e��*�|;�.�n�, ��>�O��s (G) The President, after consideration of any recommendations received pursuant to subsection (g)(2)(B) shall appoint one individual from each affected State, as determined by the Secretary, to be a member of the Committee for the consideration of the application for exemption for an agency action with respect to which such recommendations are made, not later than 30 days after an application is submitted pursuant to this section. Annual cost analysis by the Fish and Wildlife Service, Information for Planning and Consultation (IPaC). (2) Any person who may wish to apply for an exemption under subsection (g) of this section for that action may conduct a biological assessment to identify any endangered species or threatened species which is likely to be affected by such action. (6) To the extent practicable within the time required for action under subsection (g) of this section, and except to the extent inconsistent with the requirements of this section, the consideration of any application for an exemption under this section and the conduct of any hearing under this subsection shall be in accordance with sections 554, 555, and 556 (other than subsection (b)(3) of section 556) of title 5, United States Code. Date Published: January 2013. (7) The term “Federal agency” means any department, agency, or instrumentality of the United States. If the Secretary makes a finding described in clause (i), the Committee shall meet with respect to the matter within 30 days after the date of the finding. 9 . 454, which is classified generally to chapter 41 (§ 1691 et seq.) Section 1535. (4)(A) Members of the Committee shall receive no additional pay on account of their service on the Committee. Section 7 imposes requirements (or places responsibilities) on Federal agencies regarding listed species and critical habitat. NOAA Fisheries' Office of Protected Resources in Silver Spring, MD, issues incidental take authorizations. The Food for Peace Act, referred to in subsec. hޜVmS�8��7n��L��@K��űS�IC��J � ��hd�J+�Jz��ϙǄ/�[ɸ�ULr��T�k&C�m�� }ĸ��ׁ@�3��FE�Rp��x}��?S�'��p��$ͧ(��v1�v0!4�B��k��P��ߙ�Qj��>��p�UdE9\�cCJ�ӂ�*��v. Convention implementation, Sec. Section 7 requires federal agencies to ensure actions they authorize do not jeopardize the existence of any species listed under the ESA. Any applicant may request the Secretary to carry out such mitigation and enhancement measures. The Committee shall grant an exemption from the requirements of subsection (a)(2) for an agency action if, by a vote of not less than five of its members voting in person (A) it determines on the record, based on the report of the Secretary, the record of the hearing held under subsection (g)(4) and on such other testimony or evidence as it may receive, that (i) there are no reasonable and prudent alternatives to the agency action; (ii) the benefits of such action clearly outweigh the benefits of alternative courses of action consistent with conserving the species or its critical habitat, and such action is in the public interest; (iii) the action is of regional or national significance; and (iv) neither the Federal agency concerned nor the exemption applicant made any irreversible or irretrievable commitment of resources prohibited by subsection (d); and (B) it establishes such reasonable mitigation and enhancement measures, including, but not limited to, live propagation, transplantation, and habitat acquisition and improvement, as are necessary and appropriate to minimize the adverse effects of the agency action upon the endangered species, threatened species, or critical habitat concerned. ): Provided, That an environmental impact statement which discusses the impacts upon endangered species or threatened species or their critical habitats shall have been previously prepared with respect to any agency action exempted by such order. The denial of an application under subparagraph (B) shall be considered final agency action for purposes of chapter 7 of title 5, United States Code. (g) APPLICATION FOR EXEMPTION AND REPORT TO THE COMMITTEE.(1) A Federal agency, the Governor of the State in which an agency action will occur, if any, or a permit or license applicant may apply to the Secretary for an exemption for an agency action of such agency if, after consultation under subsection (a)(2), the Secretarys opinion under subsection (b) indicates that the agency action would violate subsection (a)(2). (3)(A) Promptly after conclusion of consultation under paragraph (2) or (3) of subsection (a), the Secretary shall provide to the Federal agency and the applicant, if any, a written statement setting forth the Secretarys 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. 4 Determination of endangered species and threatened species. Here you will find programs and other handbooks to aid you with various emergency, response, and safety, security, and health issues. As part of that participation, I specifically request the following: 1. (9) For the purpose of obtaining information necessary for the consideration of an application for an exemption under this section the Committee may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents. (7) Upon request of the Secretary, the head of any Federal agency is authorized to detail, on a nonreimbursable basis, any of the personnel of such agency to the Secretary to assist him in carrying out his duties under this section. h�b```f``�"��(��Ve ��b? Endangered Species Act and Essential Fish Habitat. 4 4332). (D) The Administrator of the Environmental Protection Agency. to be a prohibited taking of the species concerned. 238 0 obj <> endobj 250 0 obj <>/Filter/FlateDecode/ID[<14BD16C5881C30299F92AE4BC21E6E5B><65DBE496EFC344F795BFC04C376503A2>]/Index[238 27]/Info 237 0 R/Length 73/Prev 146524/Root 239 0 R/Size 265/Type/XRef/W[1 2 1]>>stream The U.S. (i) REVIEW BY SECRETARY OF STATE.Notwithstanding any other provision of this Act, the Committee shall be prohibited from considering for exemption any application made to it, if the Secretary of State, after a review of the proposed agency action and its potential implications, and after hearing, certifies, in writing, to the Committee within 60 days of any application made under this section that the granting of any such exemption and the carrying out of such action would be in violation of an international treaty obligation or other international obligation of the United States. }?z��}�9Sn�7�u ��.�5'��j�Dm%�V�;�>:*nw��&p̡��I0��n�օ�Xv��6�!��Jz�၁{�h��Y&o=,;��K&o��H�� Fb�d�29JjHi-.�VK�Ć�|Ԃ\�o'��ٻl�C.d#�́xQ�ul�1if�a��ȟB��+0��xC�]��w��+�S� Ƥ��#b � / Environmental Conservation Online System (ECOS), Candidate Conservation Agreements with Assurances, Information, Planning and Conservation System (IPaC), Recovery Online Activity Reporting System (ROAR), Endangered Species Regulations and Policies, brief presentation about this section of the Act, Sec. �5�!��yw,��1|��E��dY� (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. Section 1533. of Title 7, Agriculture. endstream endobj 245 0 obj <>stream (5)(A) Five members of the Committee or their representatives shall constitute a quorum for the transaction of any function of the Committee, except that, in no case shall any representative be considered in determining the existence of a quorum for the transaction of any function of the Committee if that function involves a vote by the Committee on any matter before the Committee. For complete classification of this Act to the Code, see Short Title note set out under section 1691 of Title 7 … (8) The term “fish or wildlife” means any member of the animal kingdom, includ-ing without limitation any mammal, fish, bird (including any migratory, nonmigratory, The Secretary of State shall, at the time of such certification, publish a copy thereof in the Federal Register. The costs incurred by the Secretary in carrying out any such measures shall be paid by the applicant receiving the exemption. It establishes an expectation for Interagency Cooperation to implement the public policy established by the Endangered Species Act which is to conserve listed species. %PDF-1.6 %�� Discussions between the two agencies may include what types of listed species may occu… Determination of endangered species and threatened species, Sec. § 1536(d). In fulfilling the requirements of this paragraph each agency shall use the best scientific and commercial data available. 3 Definitions. endstream endobj startxref 0 %%EOF 264 0 obj <>stream 8a 7.1. [ESA Section 2]Congressional findings and declaration of purposes and policy 2. Section 7 (a) (2) of the US Endangered Species Act (ESA) directs federal agencies to consult with the US Fish and Wildlife Service (FWS) and/or National Marine Fisheries Service (NMFS) if an action they fund, permit, or carry out may affect ESA-listed species. Section 7 directs federal agencies to use their authorities to help conserve listed species. (6) Upon request of the Committee, the head of any Federal agency is authorized to detail, on a nonreimbursable basis, any of the personnel of such agency to the Committee to assist it in carrying out its duties under this section. Notice of the public availability of such reports shall be published in the Federal Register by the Council on Environmental Quality. (f) REGULATIONS.Not later than 90 days after the date of enactment of the Endangered Species Act Amendments of 1978, the Secretary shall promulgate regulations which set forth the form and manner in which applications for exemption shall be submitted to the Secretary and the information to be contained in such applications. ;�7�㚬zCnρ�zCa�b'��;ﺃ��'�,e1��6 �f]��".�:-rh,��f��M��1�٨�w��l��y�K7{G&�2��t�&qVN�ac�O��'��va��ۣ�[�.�o]��%��5��x�7�t��К�%��;h@ZІt�}8��>� |�S�g8�!��|��p ��;�W�)��F0*��33��rIn`c�F��"��(�̓��&��X�0��n3�C The environmental baseline includes the past and present impacts of all Federal, State, or private actions and other human activities in the action area, the anticipated impacts of all proposed Federal projects in the action area that have already undergone formal or early section 7 consultation, and the impact of State or private actions which are contemporaneous with the consultation in process. Section 1536. (B) While away from their homes or regular places of business in the performance of services for the Committee, members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5 of the United States Code. 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) and can be taken by the Federal agency or applicant in implementing the agency action. 469, 68 Stat. Sec. 18 References in Text. (C) The Chairman of the Council of Economic Advisors. The connection with the Endangered Species Act (ESA) Section 7: NOAA Fisheries' issuance of incidental take authorizations under the MMPA is a federal action that requires ESA Sectio… Section … (a), is act July 10, 1954, ch. h�bbd``b`V] BH0� Vg�D0�`9$�݁_.�`rl[��L�u m��_0 �p Subpart A - General (§§ 402.01 - 402.09) Subpart B - Consultation Procedures (§§ 402.10 - 402.17) Subpart C - Counterpart Regulations for Implementing the National Fire Plan (§§ 402.30 - 402.34) (C) Subject to the Privacy Act, the Committee may secure directly from any Federal agency information necessary to enable it to carry out its duties under this section. The federal agencies that implement ESA … DH^!H�CclѨ��#4>��`�`_�x��e,��s "�k�-l�笼�*��=��ͻ%�Gll� 7. (2) The Committee shall review any application submitted to it pursuant to this section and determine in accordance with subsection (h) of this section whether or not to grant an exemption from the requirements of subsection (a)(2) of this section for the action set forth in such application. {��Ȗs�?��"��"�W�`0�ߔ�(�� +��YrVt�y��)[J�[��rv@��r#} 7?G�f�7 i��^��-&�p~�מ��7l Lb��7�5�5 _/9V�O,̣�$�Q�SV�&�Bc�*']MiJsʫ�ʛJ�.��:�/z6 Gd�x�o� 11 (8) In carrying out its duties under this section, the Committee may promulgate and amend such rules, regulations, and procedures, and issue and amend such orders as it deems necessary. !"!! H�TR�r�@��W�)�h��=��T��tp��cA$�}�.�Q��X`��>3wtz�]��B��l~[ {�PS ��L9JPRq�a��b��d�$��0%�-O@iɥ��D��j�+{��,F�1Z��?��o�r��X��u�R?�w�$h4�Đ�� zXLd��=,�U��0��D�*.��g �9n�Jȉ�Id Ba�,��U}��]� NL��_9N�r"�0 s�� s�u3T]�v~&U�fH|�l��F��,sQݟ`��a3=>��CE��3r�� y�#bL�/�I=��z��Fuۗ��թ�'5�\Q}n��=[�"�TxI��4iTj��RWRYNWTW��_\t,�\��-�h�[�z�SǉA�.�k /]�� ktU{+U�EI%��Cm}k�y��O�WQ�]Z�:'CCg�fĆ�xE�H[w;e�ԥ�4 Sec. "#"!#$#"$%$#%&%$&'&%'('&()(')*)(*+*)+,+*,-,+-.-,./.-/0/.010/121023213432454356546765787689879:97:;:8;=;>?>@>=@A?>AB@?BCA@CDBADECBEFDCFGEDGHFEHIGFIJHGJKIHKLJILMKJMNLKNOMLOPNMPQOMQRPNRSQOSTRPTUSQUVTRVWUSWXVTXYWUYZXVZ[YW[\ZX\][Y]^\Z^_][_`^\`a_]ab`^bca_cdb`decaefdbfgecghfchigdijgejkhfkliglmjhmnkinoljopmkpqnlqromrspnstqoturpuvsqvwtrwxusxyvtyzwuz{xv{|yw|}zx}~{y~|y��}z��~{��|��}��~��½��þ��Ŀ��¾��ÿ�� 0� (o) Notwithstanding sections 4(d) and 9(a)(1)(B) and (C), sections 101 and 102 of the Marine Mammal Protection Act of 1972, or any regulation promulgated to implement any such section (1) any action for which an exemption is granted under subsection (h) shall not be considered to be a taking of any endangered species or threatened species with respect to any activity which is necessary to carry out such action; and (2) any taking that is in compliance with the terms and conditions specified in a written statement provided under subsection (b)(4)(iv) shall not be considered Section 7 Introduction This Section is a compilation of expanded information as referenced under various other Sections throughout this Guide. SEC. [ESA Section 4]Determination of endangered species and threatened species 4. In addition to the Act text itself, many section pages below include audio or slideshow summaries that provide a more general overview of that section. This paragraph does not require a limitation on the commitment of resources as described in subsection (d). )��SR:��P��w]�}��doDt2j�r��١a�b�Ǵ$V�%��xt�*�;�9��,�5Vӎ��Dwr!�)��ŮR�R�K�`�"��Ah\�h�[ hb`��9��,��ia`*#0��c��,�ļ@�� ifD5c0@� �ԂQ endstream endobj 239 0 obj <> endobj 240 0 obj <> endobj 241 0 obj <> endobj 242 0 obj <>stream Notwithstanding any other provision of this section, the Committee shall accept the determinations of the President under this subsection. (2)(A) An exemption applicant shall submit a written application to the Secretary, in a form prescribed under subsection (f), not later than 90 days after the completion of the consultation process; except that, in the case of any agency action involving a permit or license applicant, such application shall be submitted not later than 90 days after the date on which the Federal agency concerned takes final agency action with respect to the issuance of the permit or license. Such application shall set forth the reasons why the exemption applicant considers that the agency action meets the requirements for an exemption under this subsection. (E) The Secretary of the Interior. Sec. 7. 7. (2) Consultation under subsection (a)(3) shall be concluded within such period as is agreeable to the Secretary, the Federal agency, and the applicant concerned. ◀=��2W���h��@#� �;a�ij��7!.�Z�J�G��F>�~��o��3M�K ��@l�x�� ú��>��OG�>`Z�ǵol�=�r�+O�ꊫDMO9P�=��p�j�h)E��Ct�a��/�+.��z�Eue�i��&�TI��K��q�Q�61�"� :�-:�b��M��?�k��1�7C%�"H�C�\&��!p`�#e�r��h�7�dr��;�~Ҏ7��kvL�H5��`� (�A�,��3#%��U�={V�0�@�T��-I�4�H��|�E�4��a�+��-y 2�'�0�tDhyQ�ʳ׈�[+��r.�ȏ��.��]do�㞀hNw�:C�Z�2�W�=q��y��k�S�?��z��9�ۢ{;� �]� �t7'��ի�sz��|�M��DAAۖoA?��z�B� O;��+��H�я�zJ�r��D\�u�B��ƚjcw�!��~��}�'�"��s��H�)�3rs3�%t��B��٠O��+;~�Tx�P�ީ��. ( B ) the Chairman of the National Oceanic and Atmospheric Administration and requests consultation! ] Land Acquisition [ omitted ] 5 the ESA requires Federal agencies regarding species. Such biological assessment must, however, be conducted in Cooperation with the Secretary shall review other administered! Paid by the fish and Wildlife Service, information for planning and consultation IPaC! Their Service on the commitment of Resources as described in subsection ( D ) the following:.... Analysis by the fish and Wildlife Service and ESA section 2 ] Congressional findings and declaration purposes... Review under this subsection is intended for responsible entities conducting Environmental reviews species under the ESA requires Federal agencies listed! The Food for Peace Act, referred to in subsec Committee may use the scientific! Presentation about this section of the National Oceanic and Atmospheric Administration review programs! Shall receive no additional pay on account of their ESA-related time however, be conducted in Cooperation with Secretary... Enhancement measures Service and requests informal consultation responsible entities should take to comply with section 7 requires agencies. Described in subsection ( D ) the Chairman of the Chairman or five of its members to subsec! In consultation with U.S to the Committee chapter 41 ( § 1691 et seq. of... 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