Page:United States Statutes at Large Volume 92 Part 3.djvu/1125

 PUBLIC LAW 95-632—NOV. 10, 1978 "(6) If the review board determines that an irresolvable conflict exists and makes positive determinations under subparagraphs (A), (B), and (C) of paragraph (5), it shall proceed to prepare the report to be submitted under paragraph (7). " (7) Within 180 days after making the determinations under paragraph (6), the review board shall submit to the Committee a report discussing— "(A) the availability of reasonable and prudent alternatives to the agency action, and the nature and extent of the benefits of the agency action and of alternative courses of action consistent with conserving the species or the critical habitat; "(B) a summary of the evidence concerning whether or not the agency action is in the public interest and is of national or regional significance; "(C) appropriate reasonable mitigation and enhancement measures which should be considered by the Committee. "(8) To the extent practicable within the time required for action under subsection (g) of this section, and except to the extent inconsistent with the requirements of this section, the consideration of any application for an exemption under this section and the conduct of any hearing under this subsection shall be in accordance with sections 554, 555, and 556 (other than subsection (b)(3) of section 556) of title 5, United States Code. " (9) In carrying out its duties under this subsection, a review board may, and any member of a review board if so authorized by the review board, may— "(A) sit and act at such times and places, take such testimony, and receive such evidence, as the review board deems advisable; "(B) subject to the Privacy Act of 1974, request of any Federal agency or applicant information necessary to enable it to carry out such duties, and upon such request the head of such Federal agency shall furnish such information to the review board; and "(C) use the United States mails in the same manner and upon the same conditions as a Federal agency. "(10) Upon request of a review board, the head of any Federal agency is authorized to detail, on a nonreimbursable basis, any of the personnel of such agency to the review board to assist it in carry out its duties under this section. "(11) The Administrator of the General Services, Administration shall provide to a review board, on a reimbursable basis, such administrative support services as the review board may request. "(12) All meetings and records of review boards shall be open to the public. "(h) EXEMPTION.— (1) The Committee shall make a final determination whether or not to grant an exemption within 90 days of receiving the report of the review board under subsection (g)(7). The Committee shall grant an exemption from the requirements of subsection (a) for an agency action if, by a vote of not less than five of its members voting in person— "(A) it determines on the record, based on the report of the review board and on such other testimony or evidence as it may receive, that—

92 STAT. 3757

Report to Committee.

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5 USC 552a note,

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Determination.

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