Page:United States Statutes at Large Volume 93.djvu/1259

 PUBLIC LAW 96-159-DEC. 28, 1979

93 STAT. 1227

Secretary and under the supervision of the appropriate Federal agency."; (5) by striking out "avoid jeopardizing" and all that follows thereafter in subsection (d) and inserting in lieu thereof "not violate subsection (a)(2)."; (6) by further amending subsection (g)(1) by striking out "may jeopardize" and all that follows thereafter in the first sentence thereof and inserting in lieu thereof "would violate subsection (a)(2)."; (7) by amending subsection (g)(2)(A) by striking out "process." and inserting in lieu thereof "process; or, in the case of any agency action involving a permit or license applicant, not later than 90 days after the date on which the Federal agency concerned takes final agency action, for purposes of chapter 7 of title 5, United States Code, with respect to the issuance of the 5 USC 70i et seq. permit or license."; (8) by amending subsection (g)(3) by redesignating subparagraph (B) as subparagraph (C), and by inserting immediately after subparagraph (A) the following new subparagraph: "(B) If biological opinions of both the Secretary of the Interior and the Secretary of Commerce indicate that an agency action would violate subsection (a)(2), such Secretaries shall jointly convene a review board to consider any application for exemption filed with respect to such agency action.; (9) by further amending subsection (g)(5)— (A) by redesignating clauses (1) and (2) as clauses (A) and (B), respectively, (B) by inserting "the Federal agency concerned and" immediately before "such exemption applicant" in clause (B) (as so redesignated), (C) by redesignating subclauses (A), (B), and (C) as subclauses (i), (ii), and (iii), respectively, (D) by striking out "will avoid jeopardizing" and all that follows thereafter in subclause (i) (as so redesignated) and inserting in lieu thereof "would not violate subsection (a)(2);",and (E) by striking out "exemption applicant" and all that follows thereafter in the last sentence and inserting in lieu thereof "Federal agency concerned or the exemption applicant has not met its respective requirements under subclause (i), (ii), or (iii) shall be considered final agency action for purposes of chapter 7 of title 5 of the United States Code."; (10) by amending subsection (g)(6) by striking out "subparagraphs (A), (B), and (C)" and inserting in lieu thereof "subclauses (i),(ii),and(iii)"; (11) by amending subsection (h)(2) to read as follows: "(2)(A) Except as provided in subparagraph (B), an exemption for an agency action granted under paragraph (1) shall constitute a permanent exemption with respect to all endangered or threatened species for the purposes of completing such agency action— "(i) regardless whether the species was identified in the biological assessment; and "(ii) only if a biological assessment has been conducted under subsection (c) with respect to such agency action. "(B) An exemption shall be permanent under subparagraph (A) unless—

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