Page:United States Statutes at Large Volume 96 Part 2.djvu/63

 PUBLIC LAW 97-304—OCT. 13, 1982

96 STAT. 1425

Park System, as a species proposed to be listed under section 4; Ante, p. I4il. and "(ii) critical habitat shall not be designated under this Act for any experimental population determined under subparagraph (B) to be not essential to the continued existence of a species. "(3) The Secretary, with respect to populations of endangered species or threatened species that the Secretary authorized, before the date of the enactment of this subsection, for release in geographical areas separate from the other populations of such species, shall determine by regulation which of such populations are an experimental population for the purposes of this subsection and whether or not each is essential to the continued existence of an endangered species or a threatened species.". SEC. 7. ENFORCEMENT.

Section 11 of the Endangered Species Act of 1973 (16 U.S.C. 1540) is amended as follows: (1) Subsection (e) is amended by adding at the end thereof the following new paragraph: "(6) The Attorney General of the United States may seek to enjoin any person who is alleged to be in violation of any provision of this Act or regulation issued under authority thereof". (2) Subsection (g) is amended— (A) by amending paragraph (1)— (i) by striking out "any State," in subparagraph (B) and inserting in lieu thereof "any State; or", (ii) by inserting immediately after subparagraph (B) the following new subparagraph: "(C) against the Secretary where there is alleged a failure of the Secretary to perform any act or duty under section 4 which Ante, p. 1411. is not discretionary with the Secretary.", and (iii) by amending the first sentence following subparagraph (C) (as added by clause (ii) of this subparagraph), by inserting "or to order the Secretary to perform such act or duty," immediately after "any such provision or regulation,"; and (B) by amending paragraph (2) by adding the following new subparagraph immediately after subparagraph (B) thereof: "(C) No action may be commenced under subparagraph (1)(C) of Written this section prior to sixty days after written notice has been given to notification. the Secretary; except that such action may be brought immediately after such notification in the case of an action under this section respecting an emergency posing a significant risk to the well-being of any species offish or wildlife or plants.". SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

Section 15 of the Endangered Species Act of 1973 (16 U.S.C. 1542) is amended to read as follows: " AUTHORIZATION OF APPROPRIATIONS

"SEC. 15. (a) IN GENERAL.—Except as provided in subsections (b), (c), and (d), there are authorized to be appropriated— "(1) not to exceed $27,000,000 for each of fiscal years 1983, 1984, and 1985 to enable the Department of the Interior to carry

�