Page:United States Statutes at Large Volume 96 Part 2.djvu/57

 PUBLIC LAW 97-304—OCT. 13, 1982

96 STAT. 1419

preceding sentence, the term 'final agency action' means (i) a disposition by an agency with respect to the issuance of a permit or license that is subject to administrative review, whether or not such disposition is subject to judicial review; or (ii) if administrative review is sought with respect to such disposition, the decision resulting after such review."; and (ii) by amending subparagraph (B)— (I) by inserting "(i)" immediately after "promptly", (II) by striking out "to the review board to be established under paragraph (3) and", and (III) by inserting "; and (ii) publish notice of receipt of the application in the Federal Register, including a summary of the information contained in the application and a description of the agency action with respect to which the application for exemption has been filed" immediately before the period. (D) Paragraphs (3), (4), (9), and (11) are repealed. (E) Paragraph (5) is redesignated as paragraph (3) and is further amended to read as follows: "(3) The Secretary shall within 20 days after the receipt of an application for exemption, or within such other period of time as is mutually agreeable to the exemption applicant and the Secretary— "(A) determine that the Federal agency concerned and the exemption applicant have— "(i) carried out the consultation responsibilities described in subsection (a) in good faith and made a reasonable and responsible effort to develop and fairly consider modifications or reasonable and prudent alternatives to the proposed agency action which would not violate subsection (a)(2); "(ii) conducted any biological assessment required by subsection (c); and "(iii) to the extent determinable within the time provided herein, refrained from making any irreversible or irretrievable commitment of resources prohibited by subsection (d); or "(B) deny the application for exemption because the Federal agency concerned or the exemption applicant have not met the requirements set forth in subparagraph (A)(i), (ii), and (iii). The denial of an application under subparagraph (B) shall be considered final agency action for purposes of chapter 7 of title 5, United States Code.". (F) Paragraph (6) is redesignated as paragraph (4) and is further amended to read as follows: "(4) If the Secretary determines that the Federal agency concerned and the exemption applicant have met the requirements set forth in paragraph (3)(A)(i), (ii), and (iii) he shall, in consultation with the Members of the Committee, hold a hearing on the application for exemption in accordance with sections 554, 555, and 556 (other than subsection (b)(1) and (2) thereof) of title 5, United States Code, and prepare the report to be submitted pursuant to paragraph (5).". (G) Paragraph (7) is redesignated as paragraph (5) and is further amended—

Publication in Federal Register.

Application, determination.

5 USC 701 et seq. Hearings.

Report to Committee.

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