Page:United States Statutes at Large Volume 92 Part 3.djvu/1133

 PUBLIC LAW 95-632—NOV. 10, 1978

92 STAT. 3765

tal assessment or environmental impact statement prepared on the proposed regulation, not less than 60 days before the effective date of the regulation to all general local governments located within or adjacent to the proposed critical habitat, if any; and " ( i v) shall— " (I) if the proposed regulation does not specify any critical habitat, promptly hold a public meeting on the proposed regulation within or adjacent to the area in which the endangered or threatened species is located, if request therefor is filed with the Secretary by any person within 45 days after the date of publication of general notice under clause (i)(I),and " ( II) if the proposed regulation specifies any critical habitat, promptly hold a public meeting on the proposed regulation within the area in which such habitat is located in each State, and, if requested, hold a public hearing in each such State. If a public meeting or hearing is held on any regulation, the regulation may not take effect before the 60th day after the date on which the meeting or hearing is concluded, and if more than one public meeting or hearing is held, before the 60th day after the date on which the last such meeting or hearing is concluded. Any accidental failure to provide actual notice under clause (ii) to all general local governments required to be given notice shall not invalidate the proposed regulation."; (C) by redesignating subparagraph (B) of paragraph (2) as subparagraph (C), and by inserting "or (B) " after "Neither subparagraph (A) " in such subparagraph; and (D) by adding at the end thereof the following new paragraphs: " (4) Any proposed or final regulation which specifies any critical habitat of any endangered species or threatened species shall be based on the best scientific data available, and the publication in the Federal Register of any such regulation shall, to the maximum extent practicable, be accompanied by a brief description and evaluation of those activities (whether public or private) which, in the opinion of the Secretary, if undertaken may adversely modify such habitat, or may be impacted by such designation. " (5) A final regulation adding a species to any list published pursuant to subsection (c) shall be published in the Federal Register not later than two years after the date of publication of notice of the regulation proposing such listing under paragraph (B)(i)(I). If a final regulation is not adopted within such two-year period, the Secretary shall w i t h d r a w the proposed regulation and shall publish notice of such withdrawal in the Federal Register not later than 30 days after the end of such period. The Secretary shall not propose a regulation a d d i n g to such a list any species for which a proposed regulation has been withdrawn under this paragraph unless he determines that sufficient new information is available to w a r r a n t the proposal of a regulation. No proposed regulation for the listing of any species published before the date of the enactment of the Endangered Species

Public meetings and hearing.

16 USC 1533. Publication in Federal Register.

Regulations or withdrawal notice, publication in Federal Register.

�