Page:United States Statutes at Large Volume 92 Part 3.djvu/1121

 PUBLIC LAW 95-632—NOV. 10, 1978

92 STAT. 3753

prudent alternatives which he believes would avoid jeopardizing the continued existence of any endangered or threatened species or adversely modifying the critical habitat of such species, and which can be taken by the Federal agency or the permit or license applicant in implementing the agency action. " (c) BIOLOGICAL ASSESSMENT.—To facilitate compliance w i t h the

requirements of subsection (a), each Federal agency shall, with respect to any agency action of such agency for which no contract for construction has been entered into and for which no construction has begun on the date of enactment of the Endangered Species Act Amendments of 1978, request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action. I f the Secretary advises, based on the best scientific and commercial data available, that such species may be present, such agency shall conduct a biological assessment for the purpose of identifying any endangered species or threatened species which is likely to be affected by such action. Such assessment shall be completed within 180 days after the date on which initiated (or within such other period as is mutually agreed to by the Secretary and such agency) and, before any contract for construction is entered into and before construction is begun with respect to such action. Such assessment may be undertaken as part of a Federal agency's compliance with the requirements of section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). "(d)

LIMITATION ON COMMITMENT o r RESOURCES.—After

initia-

tion of consultation required under subsection (a), the Federal agency and the permit or license applicant shall not make any irreversible or irretrievable commitment of resources with respect to the agency action which has the effect of foreclosing the formulation or implementation of any reasonable and prudent alternative measures which would avoid jeopardizing the continued existence of any endangered or threatened species or adversely modifying or destroying the critical habitat of any such species. Endangered committee to be known as the E n d a n g e r e d Species Committee (here- Species Committee. inafter in this section referred to as the 'Committee'). " (e)(1)

ESTABLISHMENT o r COMMITTEE.—There is established a

" (2) The Committee shall review any application submitted to it pursuant to this section and determine in accordance with subsection (h) of this section whether or not to g r a n t an exemption from the requirements of subsection (a) of this section for the action set forth in such application. " (3) The Committee shall be composed of seven members as follows: " (A) The Secretary of Agriculture. " (B) The Secretary of the Army. " (C) The Chairman of the Council of Economic Advisors. " (D) The Administrator of the Environmental Protection Agency. " (E) The Secretary of the Interior. " (F) The Administrator of the National Oceanic and Atmospheric Administration. " (G) The President, after consideration of any recommendations received pursuant to subsection (g)(2)(B) shall appoint one individual from each affected State, as determined by the Secretary, to be a member of the Committee for the consideration of the

39-194 O—80-pt. 3

71: QL3

Applications, review.

Membership

- ;•. > ^ Presidential appointment.

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