Page:United States Statutes at Large Volume 96 Part 2.djvu/56

 96 STAT. 1418

Written statement to agency.

PUBLIC LAW 97-304—OCT. 13, 1982

tion (a)(2), and as an opinion issued after consultation under such subsection, regarding that action if the Secretary reviews the action before it is commenced by the Federal agency and finds, and notifies such agency, that no significant changes have been made with respect to the action and that no significant change has occurred regarding the information used during the initial consultation. "(4) If after consultation under subsection (a)(2), the Secretary concludes that— "(A) the agency action will not violate such subsection, or offers reasonable and prudent alternatives which the Secretary believes would not violate such subsection; and "(B) the taking of an endangered species or a threatened species incidental to the agency action will not violate such subsection; the Secretary shall provide the Federal agency and the applicant concerned, if any, with a written statement that— "(i) specifies the impact of such incidental taking on the species, "(ii) specifies those reasonable and prudent measures that the Secretary considers necessary or appropriate to minimize such impact, and "(iii) sets forth the terms and conditions (including, but not limited to, reporting requirements) that must be complied with by the Federal agency or applicant (if any), or both, to implement the measures specified under clause (ii).". (3) Subsection (c) is amended by amending the penultimate sentence in paragraph (1) by inserting ", except that if a permit or license applicant is involved, the 180-day period may not be extended unless such agency provides the applicant, before the close of such period, with a written statement setting forth the estimated length of the proposed extension and the reasons therefor" immediately after "agency" and before the parenthesis. (4) Subsection (e)(10) is amended by striking out the first sentence thereof. (5) Subsection (g) is amended as follows: (A) The sideheading is amended to read as follows: "APPLICATION FOR COMMITTEE.—".

Submittal to Secretary.

"Final agency action."

EXEMPTION

AND

REPORT

TO

THE

(B) The second sentence of paragraph (1) is amended to read as follows: "An application for an exemption shall be considered initially by the Secretary in the manner provided for in this subsection, and shall be considered by the Committee for a final determination under subsection (h) after a report is made pursuant to paragraph (5).". (C) Paragraph (2) is amended— (i) by striking out the first sentence of subparagraph (A) and inserting in lieu thereof the following: "An exemption applicant shall submit a written application to the Secretary, in a form prescribed under subsection (f), not later than 90 days after the completion of the consultation process; except that, in the case of any agency action involving a permit or license applicant, such application shall be submitted not later than 90 days after the date on which the Federal agency concerned takes final agency action with respect to the issuance of the permit or license. For purposes of the

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