Page:United States Statutes at Large Volume 92 Part 3.djvu/1119

 PUBLIC LAW 95-632—NOV. 10, 1978

92 STAT. 3751

Public Law 95-632 95th Congress An Act To amend the Endangered Species Act of 1973 to establish an Endangered Species Interagency Committee to review certain actions to determine whether exemptions from certain requirements of that Act should be granted for such actions.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Endangered Species Act Amendments of 1978". SEC. 2. Section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is amended— (1) by inserting before paragraph (1) thereof the following new paragraph: " (1) The term 'alternative courses of action' means all alternatives and t h u s is not limited to original project objectives and agency jurisdiction."; (2) by inserting after paragraph (4) as redesignated by paragraph (7) of this section the following new paragraph: " (5)(A) The term 'critical habitat' for a threatened or endangered species means— " (i) the specific areas within the geographical area occupied by the species, at the time it is listed in accordance with the provisions of section 4 of this Act, on which are found those physical or biological features (I) essential to the con,, servation of the species and ( II) which may require special management considerations or protection; and " ( i i) specific areas outside the geographical area occupied by the species at the time it is listed in accordance with the provisions of section 4 of this Act, upon a determination by the Secretary that such areas are essential for the conserva' tion of the species. • " (B) Critical habitat may be established for those species now listed as threatened or endangered species for which no critical habitat has heretofore been established as set forth in subparagraph (A) of this paragraph. " (C) Except in those circumstances determined by the Secretary, critical habitat shall not include the entire geographical area which can be occupied by the threatened or endangered species."; (3) by inserting after paragraph (6), as redesignated by paragraph (7) of this section the following new paragraph: " (7) The term 'Federal agency' means any department, agency, • or instrumentality of the United States."; J: (4) by inserting after paragraph (10), as redesignated by paragraph (7) of this section, the following new paragraph s: "(11) The term 'irresolvable conflict' means, with respect to " any action authorized, funded, or carried out by a Federal agency, a set of circumstances under which, after consultation as required in section 7(a) of this Act, completion of such action would (A) jeopardize the continued existence of an endangered or threatened species, or (B) result in the adverse modification or destruction of a critical habitat.

Nov. 10. 1978 [S. 2899]

Endangered Species Act Amendments of 1978. 16 USC 1531 note. Definitions.

16 USC 1533.

^au d?

Post, p. 3752

�