Page:United States Statutes at Large Volume 93.djvu/1257

 PUBLIC LAW 96-159—DEC. 28, 1979

93 STAT. 1225

Public Law 96-159 96th Congress An Act To authorisse appropriations to carry out the Endangered Species Act of 1973 during fiscal years 1980, 1981, and 1982, and for other purposes.

Dec. 28, 1979 [S. 1143]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 2(a)(5) Endangered of the Endangered Species Act of 1973 (16 U.S.C. 1531(a)(5)) is Species Act of 1973, amended by striking out "fish and wildlife." and inserting in lieu appropriation thereof "fish, wildlife, and plants.". authorization. SEC. 2. Section 3(11) of the Endangered Species Act of 1973 (16 U.S.C. 1532(11)) is amended by striking out "(A)" and all that follows thereafter and inserting in lieu thereof "violate section 7(a)(2).". SEC. 3. Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended— (1) by amending subsection (b)(1) by striking out "him" and inserting in lieu thereof the following: "him after conducting a review of the status of the species"; (2) by amending subsection (fK2XBXi) to read as follows: "(i) not less than 60 days before the effective date of the Publication in Federal regulation, shall publish— "(I) a general notice and the complete text of the proposed Register. regulation in the Federal Register, and "(II) if the proposed regulation specifies any critical habitat, general notice of the regulation (including a summary of the text, and a map of the proposed critical habitat) in a newspaper of general circulation within or adjacent to such habitat;"; (3) by amending subsection (f)(2)(B)(iv)(II) by striking out "if requested," and inserting in lieu thereof "if requested within 15 days after the date on which the public meeting is conducted,"; (4) by amending that part of subsection (fK2XC) which precedes clause (i) by inserting ", subsection (b)(4) of this section," immediately after "Neither subparagraph (A) or (B) of this paragraph"; (5) by amending subsection (f)(2)(C)(ii)— (A) by striking out "fish or wildlife," and inserting in lieu thereof "fish or wildlife or plants,", (B) by striking out "fish and wildlife," and inserting in lieu thereof "fish, wildlife, and plants,", (C) by striking out "120-day period" each place it appears therein and inserting in lieu thereof "240-day period, and (D) by adding at the end thereof the following new sentence: * If at any time after issuing an emergency regulation the Secretary determines, on the basis of the best scientific and commercial data available to him, that substantial evidence does not exist to warrant such regulation, he shall withdraw it."; and (6) by adding at the end thereof the following new subsection: "(h) AGENCY GUIDEUNES.—The Secretary shall establish, and pub- Publication in Federal lish in the Federal Register, agency guidelines to insure that the Register.

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