Page:United States Statutes at Large Volume 93.djvu/1258

 93 STAT. 1226

Comments.

PUBLIC LAW 96-159—DEC. 28, 1979

purposes of this section are achieved efficiently and effectively. Such guidelines shall include, but are not limited to— "(1) procedures for recording the receipt and the disposition of petitions submitted under subsection (c)(2) of this section; "(2) criteria for making the findings required under such subsection with respect to petitions; "(3) a ranking system to assist in the identification of species that should receive priority review for listing; and "(4) a system for developing and implementing, on a priority bgisis, recovery plans under subsection ^) of this section. The Secretary shall provide to the public notice of, and opportunity to submit written comments on, any guideline (including any amendment thereto) proposed to be established under this subsection.". SEC. 4. Section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) is amended— (1) by amending subsection (a)— (A) by striking out "(a) CONSULTATION.—" and inserting in lieu thereof "(a) FEDERAL AGENCY ACTIONS AND CONSULTATIONS.—(1)";

16 USC 1533.

(B) by striking out the third sentence thereof; and (C) by adding at the end thereof the following: "(2) Each Federal agency shall, in consultation with and with the assistance of the Secretary, insure that any action authorized, funded, or carried out by such agency (hereinafter in this section referred to as an 'agency action) is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat of such species which is determined by the Secretary, after consultation as appropriate with affected States, to be critical, unless such agency has been granted an exemption for such action by the Committee pursuant to subsection (h) of this section. In fulfilling the requirements of this paragraph each agency shall use the best scientific and commercial data available. "(3) Each Federal agency shall confer with the Secretary on any agency action which is likely to jeopardize the continued existence of any species proposed to be listed under section 4 or result in the destruction or adverse modification of critical habitat proposed to be designated for such species. This paragraph does not require a limitation on the commitment of resources as described in subsection (d)."; (2) by amending the last sentence of subsection (b) to read as follows: "The Secretary shall suggest those resisonable and prudent alternatives which he believes would not violate subsection (a)(2) and can be taken by the Federal agency or the permit or license applicant in implementing the agency action."; (3) by amending each of subsections (b), (c), (d), (e)(2), (f), (g)(D and (5), (h)(D, and (m) by striking out "subsection (a)" wherever it appears therein and inserting in lieu thereof "subsection (a)(2)"; (4) by further amending subsection (c)— (A) by inserting "(1)" immediately after "BIOLOGICAL ASSESSMENT.—", and

(B) by adding at the end thereof the following new paragraph: "(2) Any person who may wish to apply for an exemption under subsection (g) of this section for that action may conduct a biological assessment to identify any endangered species or threatened species which is likely to be affected by such action. Any such biological assessment must, however, be conducted in cooperation with the

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