Page:United States Statutes at Large Volume 116 Part 4.djvu/81

 PUBLIC LAW 107-314—DEC. 2, 2002 116 STAT. 2509 The comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product. (2) The terms "procurement item" and "recovered material" have the meanings given such terms in section 1004 of the Solid Waste Disposal Act (40 U.S.C. 6903). SEC. 315. INCIDENTTAL TAKING OF MIGRATORY BIRDS DURING MILI- 16 USC 703 note. TARY READINESS ACTIVITIES. (a) INTERIM AUTHORITY FOR INCIDENTAL TAKINGS.— During the period described in subsection (c), section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) shall not apply to the incidental taking of a migratory bird by a member of the Armed Forces during a military readiness activity authorized by the Secretary of Defense or the Secretary of the military department concerned. (b) IDENTIFICATION OF MEASURES TO MINIMIZE IMPACT OF ACTIVITIES.—During the periods described in subsections (c) and (d), the Secretary of Defense shall, in consultation with the Secretary of the Interior, identify measures— (1) to minimize and mitigate, to the extent practicable, any adverse impacts of authorized military readiness activities on affected species of migratory birds; and (2) to monitor the impacts of such military readiness activities on affected species of migratory birds. (c) PERIOD OF APPLICATION FOR INTERIM AUTHORITY. —The Federal Register, period described in this subsection is the period beginning on the publication. date of the enactment of this Act and ending on the date on which the Secretary of the Interior publishes in the Federal Register a notice that— (1) regulations authorizing the incidental taking of migratory birds by members of the Armed Forces have been prescribed in accordance with the requirements of subsection (d); (2) all legal challenges to the regulations and to the manner of their promulgation (if any) have been exhausted as provided in subsection (e); and (3) the regulations have taken effect. (d) INCIDENTAL TAKINGS AFTER INTERIM PERIOD.— (1) Not later Deadline, than the expiration of the one-year period beginning on the date Regulations, of the enactment of this Act, the Secretary of the Interior shall exercise the authority of that Secretary under section 3(a) of the Migratory Bird Treaty Act (16 U.S.C. 704(a)) to prescribe regulations to exempt the Armed Forces for the incidental taking of migratory birds during military readiness activities authorized by the Secretary of Defense or the Secretary of the military department concerned. (2) The Secretary of the Interior shall exercise authority under paragraph (1) with the concurrence of the Secretary of Defense. (e) LIMITATION ON JUDICIAL REVIEW.—An action seeking judicial Deadline, review of regulations prescribed pursuant to this section or of the manner of their promulgation must be filed in the appropriate Federal court by not later than the expiration of the 120-day period beginning on the date on which such regulations are published in the Federal Register. Upon the expiration of such period and the exhaustion of any legal challenges to the regulations pursuant to any action filed in such period, there shall be no further judicial review of such regulations or of the manner of their promulgation.

�