Page:United States Statutes at Large Volume 92 Part 3.djvu/1134

 92 STAT. 3766 Ante, p. 3751.

PUBLIC LAW 95-632—NOV. 10, 1978

Act Amendments of 1978 shall be withdrawn under this paragraph before the end of the one-year period beginning on such date of enactment."; and 16 USC 1533. (5) by adding at the end thereof the following new subsection: "(g) RECOVERY PLANS.—The Secretary shall develop and implement plans (hereinafter in this subsection referred to as 'recovery plans') for the conservation and survival of endangered species and threatened species listed pursuant to this section, unless he finds that such a plan will not promote the conservation of the species. The Secretary, in developing and implementing recovery plans, may procure the services of appropriate public and private agencies and institutions, and other qualified persons. Recovery teams appointed pursuant to this subsection shall not be subject to the Federal Advisory Com5 USC app. mittee Act."; (6) in subsection (c)(2) — (A) by striking out "upon" and inserting in lieu thereof "within 90 days of the receipt of"; Publication in (B) by inserting "and publish in the Federal Register" Federal Register. after "conduct"; (C) by inserting "the status of" after "a review of"; and (D) by inserting at the end thereof the following: "Such review and finding shall be made and published prior to the initintion of any procedures under subsection (b)(1).". Critical habitat (7) by adding at the end of subsection (b) the following new determination, paragraph: considerations. "(4) In determining the critical habitat of any endangered or threatened species, the Secretary shall consider the economic impact, and any other relevant impacts, of specifying any particular area as critical habitat, and he may exclude any such area from the critical habitat if he determines that the benefits of such exclusion outweigh the benefits of specifying the area as part of the critical habitat, unless he determines, based on the best scientific and commercial data available, that the failure to designate such area as critical habitat will result in the extinction of the species.". Establishment SEC. 12. That portion of subsection (a) of section 5 of the Endanand gered Species Act of 1973 (16 U.S.C. 1534) which precedes paragraph implementation. (1) is amended to read as follows: (a) PROGRAM.—The Secretary, and the Secretary of Agriculture with respect to the National Forest System, shall establish and implement a program to conserve fish, wildlife, and plants, including those which are listed as endangered species or threatened species pursuant to section 4 of this Act. To carry out such a program, the appropriate 16 USC 1533. Secretary—". Summary, SEC. 13. Paragraph (3) of section 4(f) of the Endangered Species publication in Act of 1973 (16 U.S.C. 1533) is amended to read as follows: Federal Register. "(3) The publication in the Federal Register of any proposed or final regulation which is necessary or appropriate to carry out the purposes of this Act shall include a summary by the Secretary of the data on which such regulation is based and shall show the relationship of such data to svich regulations.". Dr. Eugene L. SEC. 14. Notwithstanding any provision of the Endangered Species Vickery, Act of 1973 (16 U.S.C. 1531 et seq.) or any regulation promulgated exception.

�