Page:United States Statutes at Large Volume 94 Part 1.djvu/1374

 94 STAT. 1324

Public views. Consultation.

16 USC 2904.

Regulations.

Written disapproval statement.

PUBLIC LAW 96-366—SEPT. 29, 1980 (2) provide for an inventory of the nongame fish and wildlife, and such other fish and wildlife as the designated State agency deems appropriate, that are within the State and are valued for ecological, educational, esthetic, cultural, recreational, economic, or scientific benefits by the public; (3) with respect to those species identified under paragraph (2) (hereinafter in this section referred to as "plan species"), provide for— (A) the determination of the size, range, and distribution of their populations, and (B) the identification of the extent, condition, and location of their significant habitats; (4) identify the significant problems which may adversely affect the plan species and their significant habitats; (5) determine those actions which should be taken to conserve the plan species and their significant habitats; (6) establish priorities for implementing the conservation actions determined under paragraph (5); (7) provide for the monitoring, on a regular basis, of the plan species and the effectiveness of the conservation actions determined under paragraph (5); (8) provide for plan review and revision, if appropriate, at intervals of not more than 3 years; (9) ensure that the public be given opportunity to make its views known and considered during the development, revision, and implementation of the plan; and (10) provide that the designated State agency consult, as appropriate, with Federal agencies, and other State agencies during the development, revision, and implementation of the plan, in order to minimize duplication of efforts and to ensure that the best information is available to all such agencies.

SEC. 5. APPROVAL OP CONSERVATION PLANS AND CERTAIN NONGAME FISH AND WILDLIFE CONSERVATION ACTIONS. (a) APPROVAL BY SECRETARY OP PLANS.—(1) Any State may apply to

the Secretary for approval of a conservation plan. (2) Applications for the approval of conservation plans shall be made and reviewed by the Secretary in such manner as the Secretary shall by regulation prescribe. (3) As soon as practicable, but not later than 180 days, after the date on which a State submits (or resubmits in the case of prior disapproval) an application for the approval of a conservation plan the Secretary shall— (A) approve the conservation plan, and designate it as an approved conservation plan, if he determines that the plan— (i) meets the requirements set forth in section 4, and (ii) is substantial in character and design; or (B) ^approve the conservation plan if he determines that— (i) the plan does not meet the requirements set forth in section 4, or (ii) to implement any part of the plan on the basis of the specifications, determmations, identifications, or priorities therein would threaten the natural stability and continued viability of any of the plan species concerned. If the Secretary disapproves a plan, he shall give the State concerned a written statement of the reasons for disapproval and provide the State opportunity for consultation with respect to deficiencies in the plan and the momfications required for approval. (b) EFFECT OF APPROVAL OF PLANS.—If the Secretary approves the conservation plan of any State under subsection (a)—

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