Page:United States Statutes at Large Volume 92 Part 3.djvu/1123

 PUBLIC LAW 95-632—NOV. 10, 1978

92 STAT. 3755

person to serve as his or her representative unless that person is, at the time of such designation, holding a Federal office the appointment to which is subject to the advice and consent of the United States Senate. I n no case shall any representative, including a representative of a member designated pursuant to paragraph (3)(G) of this subsection, be eligible to cast a vote on behalf of any member. " (f) REGULATIONS.—Not later than 90 days after the date of enact- Applications, ment of the Endangered Species Act Amendments of 1978, the Secre- submittal. t a r y shall promulgate regulations which set forth the form and manner in which applications for exemption shall be submitted to the Secretary and the information to be contained in such applications. Such regulations shall require that information submitted in a n application by the head of any Federal agency with respect to any agency action r •. include, but not be limited to— " (1) a description of the consultation process carried out pursuant to subsection (a) of this section between the head of the Federal agency and the Secretary; and " (2) a statement describing why such action cannot be altered - ;-" ' or modified to conform with the requirements of subsection (a) of this section. "(g)

APPLICATION FOR E X E M P T I O N AND CONSIDERATION BY REVIEW

BOARD.— (1) A Federal agency, the Governor of the State in which an agency action will occur, if any, or a permit or license applicant may apply to the Secretary for an exemption for an agency action of such agency if, after consultation under subsection (a), the Secretary's opinion under subsection (b) indicates that the agency action may jeopardize the continued existence of any endangered or threatened species or destroy or adversely modify the critical habitat of such species. A n application for an exemption shall be considered initially by a review board in the manner provided in this subsection, and shall be considered by the Endangered Species Committee for a final determination under subsection (h) after a report is made by the review board. The applicant for an exemption shall be referred to as the 'exemption applicant' in this section. " (2)(A) A n exemption applicant shall submit a written application to the Secretary, in a form prescribed under subsection (f) of this section, not later than 90 days after the completion of the consultation process. Such application shall set forth the reasons why the exemption applicant considers that the agency action meets the requirements for an exemption under this subsection. " (B) Upon receipt of an application for exemption for an agency action under paragraph (1), the Secretary shall promptly notify the Governor of each affected State, if any, as determined by the Secretary, and request the Governors so notified to recommend individuals to fee appointed to the review board to be established under paragraph (3) and to the Endangered Species Committee for consideration of such application. " (3)(A) A review board shall be established for purposes of considering an application for exemption and submitting a report to the Endangered Species Committee under this subsection as follows: " (i) One individual shall be appointed to the board by the Secretary not later than 15 days after an application is submitted pursuant to paragraph (2). " ( i i) One individual shall be appointed to the board by the President, not later than 30 days after an application is sub-

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