Page:United States Statutes at Large Volume 96 Part 2.djvu/53

 PUBLIC LAW 97-304—OCT. 13, 1982

96 STAT. 1415

"(A) at the time of publication of the regulation in the Federal Register the Secretary publishes therein detailed reasons why such regulation is necessary; and "(B) in the case such regulation applies to resident species of fish or wildlife, or plants, the Secretary gives actual notice of such regulation to the State agency in each State in which such species is believed to occur. Such regulation shall, at the discretion of the Secretary, take effect immediately upon the publication of the regulation in the Federal Register. Any regulation promulgated under the authority of this paragraph shall cease to have force and effect at the close of the 240day period following the date of publication unless, during such 240day period, the rulemaking procedures which would apply to such regulation without regard to this paragraph are complied with. If at any time after issuing an emergency regulation the Secretary determines, on the basis of the best appropriate data available to him, that substantial evidence does not exist to warrant such regulation, he shall withdraw it. "(8) 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 such regulation; and if such regulation designates or revises critical habitat, such summary shall, to the maximum extent practicable, also include a brief description and evaluation of those activities (whether public or private) which, in the opinion of the Secretary, if undertaken may adversely modify such habitat, or may be affected by such designation.". (3) Subsection (c) is amended— (A) by amending paragraph (1) by striking out ", and from time to time he may by regulation revise," in the first sentence thereof, and by adding at the end thereof the following new sentence: "The Secretary shall from time to time revise each list published under the authority of this subsection to reflect recent determinations, designations, and revisions made in accordance with subsections (a) and (b).", (B) by striking out paragraphs (2) and (3) thereof; and (C) by redesignating paragraph (4) thereof as paragraph (2). (4) Such section 4 is further amended— (A) by amending subsection (d) by striking out "section 6(a)" and inserting in lieu thereof "section 6(c)"; (B) by striking out subsection (f) thereof; (C) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively; (D) by amending the second sentence of subsection (f) (as redesignated by subparagraph (O) by striking out "recovery plans," and inserting in lieu thereof "recovery plans (1) shall, to the maximum extent practicable, give priority to those endangered species or threatened species most likely to benefit from such plans, particularly those species that are, or may be, in conflict with construction or other developmental projects or other forms of economic activity, and (2)"; (E) by amending subsection (g) (as redesignated by subparagraph (C))—

Publication in Federal Register.

Regulations, effective date.

Data summary.

16 USC 1533.

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