Page:United States Statutes at Large Volume 92 Part 3.djvu/1129

 PUBLIC LAW 95-632—NOV. 10, 1978

92 STAT. 3761

" (A) was not repaired or modified after the date of importation with any part of any endangered species or threatened species listed under section 4; 16 USC 1533. " (B) was forfeited to the United States before such date of the enactment, or is subject to forfeiture to the United States on such date of enactment, pursuant to the assessment of a civil Infra. penalty under section 11; and " (C) is in the custody of the United States on such date of enactment; may, before the close of the one-year period beginning on such date of enactment, make application to the Secretary for return of the article. Application shall be made in such form and manner, and contain such documentation, as the Secretary prescribes. If on the basis of any such application which is timely filed, the Secretary is satisfied that the requirements of this paragraph are met with respect to the article concerned, the Secretary shall return the article to the applicant and the importation of such article shall, on and after the date of return, be deemed to be a lawful importation under this Act. " (i)(1) TELLICO AND GRAYROCKS PROJECTS.—Notwithstanding any

other provision of this Act, the Committee shall, within 30 days of the date of the enactment of the Endangered Species Act Amendments of 1978, proceed to consider the exemption of the Tellico D a m and Reservoir Project and the Grayrocks Dam and Reservoir Project from the requirements of section 7(a). For the purposes of such consideration, the Committee shall g r a n t an exemption to such projects if the criteria of section 7(h)(1)(A)(i) and 7 (h)(1)(A) (ii) are met. A decision on any such exemption shall be made within 90 days after the date of the enactment of the Endangered Species Act Amendments of 1978. If no decision is made within such 90-day period, such project shall be deemed to be exempted from the requirements of section 7(a). " (2) Following the rendering of a biological opinion by the United States F i s h and Wildlife Service concerning the effect, if any, of the operation of the Missouri Basin Power Project on endangered species or their critical habitat, the responsible officers of the Rural Electrification Administration, the Secretary of the Interior, and the Secretary of the Army, shall require such modifications in the operation or design of the project as they may determine are required to insure that actions authorized, funded, or carried out by them, relating to the Missouri Basin Power Project do not jeopardize the continued existence of such endangered species or result in the destruction or adverse modification of habitat of such species which is or has been determined to be critical by the Secretary of the Interior, after consultation as appropriate with the affected States.". SEC. 6. Section 11 of the Endangered Species Act of 1973 (16 U.S.C. 1540) is amended— (1) in the first and second sentences of subsection (a)(1) by striking out "or who knowingly commits an act in the course of a commercial activity which violates" each place it appears and inserting in lieu thereof " and any person engaged in business as an importer or exporter of fish, wildlife, or plants who violates"; (2) in the t h i r d sentence of subsection (a)(1) by striking out "$1,000" and inserting in lieu thereof "$500"; (3) in subsection (b)(1) by striking out "willfully commits an act which" each place it appears and inserting in lieu thereof "knowingly";

Exemption,

Anu, p. 3752.

Project modifications.

Civil penalties.

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