Page:United States Statutes at Large Volume 114 Part 5.djvu/226

 114 STAT. 2763A-186 PUBLIC LAW 106-554—APPENDIX D (A) the establishment of one or more research natural areas, which may include lands both within and outside the National Training Center; (B) the acquisition of private and State lands within the wildlife management areas in the West Mojave Desert; (C) the construction of barriers, fences, and other structures that would promote the conservation of endangered or threatened species and their critical habitats; (D) the funding of research studies; and (E) other conservation measures. (d) PRELIMINARY REVIEW OF EXPANSION PLAN. — (1) REVIEW REQUIRED.— Not later than 90 days after the date of the enactment of this Act, the Director of the United States Fish and Wildlife Service shall submit to the Secretaries a preliminary review of the proposed expansion plan (as developed as of that date). In the preliminary review, the Director shall identify, with as much specificity as possible, an approach for implementing the proposed expansion plan consistent with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (2) RELATION TO FORMAL REVIEW.— The preliminary review under paragraph (1) shall not constitute a formal consultation under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536), but shall be used to assist the Secretaries in more precisely defining the nature and scope of an expansion plan for the National Training Center that is likely to satisfy requirements of the Endangered Species Act of 1973 and to expedite the formal consultation process under section 7 of such Act. (3) CONSIDERATION OF PRELIMINARY REVIEW.—In preparing the proposed expansion plan, the Secretaries shall take into account the content of the preliminary review by the Director of the United States Fish and Wildlife Service under paragraph (1). (e) DRAFT LEGISLATION.— The Secretaries shall submit to Congress with the proposed expansion plan a draft of proposed legislation providing for the withdrawal and reservation of public lands for the expansion of the National Training Center. It is the sense of the Congress that the proposed legislation should contain a provision that, if enacted, would prohibit ground-disturbing military use of the land to be withdrawn and reserved by the legislation until the Secretaries have certified that there has been full compliance with the appropriate provisions of the legislation, the Endangered Species Act of 1973, the National Environmental Policy Act of 1969, and other applicable laws. (f) CONSULTATION UNDER ENDANGERED SPECIES ACT OF 1973.— The Secretaries shall initiate the formal consultation required under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) with respect to expansion of the National Training Center as soon as practicable and shall complete such consultation not later than 2 years after the date of the enactment of this Act. (g) ENVIRONMENTAL REVIEW.— Not later than 6 months following completion of the formal consultation required under section 7 of the Endangered Species Act of 1973 with respect to expansion of the National Training Center, the Secretaries shall complete any analysis required under the National Environmental Policy Act of 1969 with respect to the proposed expansion of the National Training Center. The analysis shall be coordinated, to the extent

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