Page:United States Statutes at Large Volume 87.djvu/922

 890

PUBLIC LAW 93-205-DEC. 28, 1973

[87 STAT.

tlu'oateiied species. Any levemies (lerped 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. 78 Stat. 701.

TloS).

(c) COOPJ:RATINE AGKKEMENTS.—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 l)rogram is in accordance with this Act. Unless he determines, pursuant to this subsection, 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 nnist find, and ammally thereafter reconfirm such finding, that under the State program— (1) 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; (2) 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; (3) the State agency is authorized to conduct investigations to determine the status and requirements for survival of resident species of fish and wildlife; (4) 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 species or threatened species; and (5) provision is made for public participation in designating resident species of fish or wildlife as endangered or threatened. (d) ALLOCATION OF FUNDS.—(1) The Secretary is authorized to pj'ovide Hnancial 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 m 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 l)rogram consistent with the objectives and purposes of this Act; (0) the number of endangered species and threatened species within a State; (I)) 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 sur\ival of the species. So much of any appropriated funds allocated for obligation to any State for any fiscal year as remains uiiol)ligated at the close thereof is

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