Page:United States Statutes at Large Volume 87.djvu/933

 87 STAT. ]

PUBLIC LAW 93-205-DEC. 28, 1973

901

(ii) if the Secretary has commenced action to impose a penalty pursuant to subsection (a) of this section; or (iii) if the United States has commenced and is diligently prosecuting a criminal action in a court of the United States or a State to redress a violation of any such provision or regulation. (B) Xo action may be commenced under subparagraph (1)(B) of this section— (i) prior to sixty days after written notice has been given to the Secretary setting forth the reasons why an emergency is thought to exist with respect to an endangered species or a threatened species in the State concerned; or (ii) if the Secretary has commenced and is diligently prosecuting action under section 6(g)(2)(B) (ii) of this Act to determine whether any such emergency exists. (3)(A) Any suit under this subsection may be brought in the judicial district in which the violation occurs. (B) I n any such suit under this subsection in which the United intervention. States is not a party, the Attorney General, at the request of the Secretary, may intervene on behalf of the United States as a matter of right. (4) The court, in issuing any final order in any suit brought pursu- Litigation costs. ant to paragraph (1) of this subsection, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. (5) The injunctive relief provided by this subsection shall not injunctive relief. restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any standard or limitation or to seek any other relief (including relief against the Secretary or a State agency). (h) CooRDixATiox W I T H OTHER LAWS.—The Secretary of Agricul-

ture and the Secretary shall provide for appropriate coordination of the administration of this Act with the administration of the animal quarantine laws (21 U.S.C. 101-105, lll-135b, and 612-614) and section 306 of the Tariff Act of 1930 (19 U.S.C. 1306). Nothing in this ^/y^^'j/gf' Act or any amendment made by this Act shall be construed as superseding or limiting in any manner the functions of the Secretary of Agriculture under any other law relating to prohibited or restricted importations or possession of animals and other articles and no proceeding or determination under this Act shall preclude any proceeding or be considered determinative of any issue of fact or law in any proceeding under any Act administered by the Secretary of Agriculture. Nothing in this Act shall be construed as superseding or limiting in any manner the functions and responsibilities of the Secretary of the Treasury under the Tariff Act of 1930, including, without limitation, section 527 of that Act (19 U.S.C. 1527), relating to the importa- -^^ Stat. 741. tion of wildlife taken, killed, possessed, or exported to the United States in violation of the laws or regulations of a foreign country. ENDANGERED

PLANTS

SEC. 12. The Secretary of the Smithsonian Institution, in conjunction with other affected agencies, is authorized and directed to review (1) species of plants which aie now or may become endangered or threatened and (2) methods of adequately conserving such species, and to

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