16 U.S.C. § 1533 — Determination of endangered species and

Page 1913 TITLE 16—CONSERVATION § 1533 (18) The term ‘‘State agency’’ means any State agency, department, board, commission, or other governmental entity which is respon- sible for the management and conservation of fish, plant, or wildlife resources within a State. (19) The term ‘‘take’’ means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. (20) The term ‘‘threatened species’’ means any species which is likely to become an en- dangered species within the foreseeable future throughout all or a significant portion of its range. (21) The term ‘‘United States’’, when used in a geographical context, includes all States. (Pub. L. 93–205, § 3, Dec. 28, 1973, 87 Stat. 885; Pub. L. 94–359, § 5, July 12, 1976, 90 Stat. 913; Pub. L. 95–632, § 2, Nov. 10, 1978, 92 Stat. 3751; Pub. L. 96–159, § 2, Dec. 28, 1979, 93 Stat. 1225; Pub. L. 97–304, § 4(b), Oct. 13, 1982, 96 Stat. 1420; Pub. L. 100–478, title I, § 1001, Oct. 7, 1988, 102 Stat. 2306.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–205, Dec. 28, 1973, 81 Stat. 884, known as the Endangered Species Act of 1973, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables. Reorganization Plan Numbered 4 of 1970, referred to in par. (15), is Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, which is set out in the Ap- pendix to Title 5, Government Organization and Em- ployees. AMENDMENTS 1988—Par. (13). Pub. L. 100–478, § 1001(a), amended par. (13) generally. Prior to amendment, par. (13) read as follows: ‘‘The term ‘person’ means an individual, cor- poration, partnership, trust, association, or any other private entity, or any officer, employee, agent, depart- ment, or instrumentality of the Federal Government, of any State or political subdivision thereof, or of any foreign government.’’ Par. (15). Pub. L. 100–478, § 1001(b), inserted ‘‘also’’ be- fore ‘‘means the Secretary of Agriculture’’. 1982—Par. (11). Pub. L. 97–304 struck out par. (11) which defined ‘‘irresolvable conflict’’ as, with respect to any action authorized, funded, or carried out by a Federal agency, a set of circumstances under which, after consultation as required in section 1536(a) of this title, completion of such action would violate section 1536(a)(2) of this title. 1979—Par. (11). Pub. L. 96–159 substituted ‘‘action would violate section 1536(a)(2) of this title’’ for ‘‘action would (A) jeopardize the continued existence of an en- dangered or threatened species, or (B) result in the ad- verse modification or destruction of a critical habitat’’. 1978—Pars. (1) to (4). Pub. L. 95–632, § 2(1), (7), added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respectively. Former par. (4) redesignated (6). Par. (5). Pub. L. 95–632, § 2(2), (7), added par. (5). Former par. (5) redesignated (8). Par. (6). Pub. L. 95–632, § 2(7), redesignated former par. (4) as (6). Former par. (6) redesignated (9). Par. (7). Pub. L. 95–632, § 2(3), (7), added par. (7). Former par. (7) redesignated (10). Pars. (8) to (10). Pub. L. 95–632, § 2(7), redesignated former pars. (5) to (7) as (8) to (10), respectively. Former pars. (8) to (10) redesignated (13) to (15), respectively. Pars. (11), (12). Pub. L. 95–632, § 2(4), (7), added pars. (11) and (12). Former pars. (11) and (12) redesignated (16) and (17), respectively. Pars. (13) to (15). Pub. L. 95–632, § 2(7), redesignated former pars. (8) to (10) as (13) to (15), respectively. Former pars. (13) to (15) redesignated as (18) to (20), re- spectively. Par. (16). Pub. L. 95–632, § 2(5), (7), redesignated former par. (11) as (16) and substituted ‘‘and any distinct popu- lation segment of any species of vertebrate fish or wild- life which interbreeds when mature’’ for ‘‘and any other group of fish or wildlife of the same species or smaller taxa in common spatial arrangement that interbreed when mature’’. Former par. (16) redesignated (21). Par. (17). Pub. L. 95–632, § 2(7), redesignated former par. (12) as (17). Par. (18). Pub. L. 95–632, § 2(6), (7), redesignated former par. (13) as (18) and substituted ‘‘fish, plant, or wildlife’’ for ‘‘fish or wildlife’’. Pars. (19) to (21). Pub. L. 95–632, § 2(7), redesignated pars. (14) to (16) as (19) to (21), respectively. 1976—Par. (1). Pub. L. 94–359 inserted ‘‘: Provided, however, That it does not include exhibition of com- modities by museums or similar cultural or historical organizations.’’ after ‘‘facilitating such buying and selling’’. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 1533. Determination of endangered species and threatened species (a) Generally (1) The Secretary shall by regulation promul- gated in accordance with subsection (b) deter- mine whether any species is an endangered spe- cies or a threatened species because of any of the following factors: (A) the present or threatened destruction, modification, or curtailment of its habitat or range; (B) overutilization for commercial, rec- reational, scientific, or educational purposes; (C) disease or predation; (D) the inadequacy of existing regulatory mechanisms; or (E) other natural or manmade factors affect- ing its continued existence. (2) With respect to any species over which pro- gram responsibilities have been vested in the Secretary of Commerce pursuant to Reorganiza- tion Plan Numbered 4 of 1970— (A) in any case in which the Secretary of Commerce determines that such species should— (i) be listed as an endangered species or a threatened species, or (ii) be changed in status from a threatened species to an endangered species, he shall so inform the Secretary of the Inte- rior; who shall list such species in accordance with this section; (B) in any case in which the Secretary of Commerce determines that such species should— (i) be removed from any list published pur- suant to subsection (c) of this section, or (ii) be changed in status from an endan- gered species to a threatened species, he shall recommend such action to the Sec- retary of the Interior, and the Secretary of the Page 1914 TITLE 16—CONSERVATION § 1533 Interior, if he concurs in the recommendation, shall implement such action; and (C) the Secretary of the Interior may not list or remove from any list any such species, and may not change the status of any such species which are listed, without a prior favor- able determination made pursuant to this sec- tion by the Secretary of Commerce. (3)(A) The Secretary, by regulation promul- gated in accordance with subsection (b) and to the maximum extent prudent and deter- minable— (i) shall, concurrently with making a deter- mination under paragraph (1) that a species is an endangered species or a threatened species, designate any habitat of such species which is then considered to be critical habitat; and (ii) may, from time-to-time thereafter as ap- propriate, revise such designation. (B)(i) The Secretary shall not designate as critical habitat any lands or other geographical areas owned or controlled by the Department of Defense, or designated for its use, that are sub- ject to an integrated natural resources manage- ment plan prepared under section 670a of this title, if the Secretary determines in writing that such plan provides a benefit to the species for which critical habitat is proposed for designa- tion. (ii) Nothing in this paragraph affects the re- quirement to consult under section 1536(a)(2) of this title with respect to an agency action (as that term is defined in that section). (iii) Nothing in this paragraph affects the obli- gation of the Department of Defense to comply with section 1538 of this title, including the pro- hibition preventing extinction and taking of en- dangered species and threatened species. (b) Basis for determinations (1)(A) The Secretary shall make determina- tions required by subsection (a)(1) solely on the basis of the best scientific and commercial data available to him after conducting a review of the status of the species and after taking into account those efforts, if any, being made by any State or foreign nation, or any political subdivi- sion of a State or foreign nation, to protect such species, whether by predator control, protection of habitat and food supply, or other conserva- tion practices, within any area under its juris- diction; or on the high seas. (B) In carrying out this section, the Secretary shall give consideration to species which have been— (i) designated as requiring protection from unrestricted commerce by any foreign nation, or pursuant to any international agreement; or (ii) identified as in danger of extinction, or likely to become so within the foreseeable fu- ture, by any State agency or by any agency of a foreign nation that is responsible for the conservation of fish or wildlife or plants. (2) The Secretary shall designate critical habi- tat, and make revisions thereto, under sub- section (a)(3) on the basis of the best scientific data available and after taking into consider- ation the economic impact, the impact on na- tional security, and any other relevant impact, of specifying any particular area as critical habitat. The Secretary may exclude any area from critical habitat if he determines that the benefits of such exclusion outweigh the benefits of specifying such area as part of the critical habitat, unless he determines, based on the best scientific and commercial data available, that the failure to designate such area as critical habitat will result in the extinction of the spe- cies concerned. (3)(A) To the maximum extent practicable, within 90 days after receiving the petition of an interested person under section 553(e) of title 5, to add a species to, or to remove a species from, either of the lists published under subsection (c), the Secretary shall make a finding as to wheth- er the petition presents substantial scientific or commercial information indicating that the pe- titioned action may be warranted. If such a peti- tion is found to present such information, the Secretary shall promptly commence a review of the status of the species concerned. The Sec- retary shall promptly publish each finding made under this subparagraph in the Federal Register. (B) Within 12 months after receiving a petition that is found under subparagraph (A) to present substantial information indicating that the pe- titioned action may be warranted, the Secretary shall make one of the following findings: (i) The petitioned action is not warranted, in which case the Secretary shall promptly pub- lish such finding in the Federal Register. (ii) The petitioned action is warranted, in which case the Secretary shall promptly pub- lish in the Federal Register a general notice and the complete text of a proposed regulation to implement such action in accordance with paragraph (5). (iii) The petitioned action is warranted, but that— (I) the immediate proposal and timely pro- mulgation of a final regulation imple- menting the petitioned action in accordance with paragraphs (5) and (6) is precluded by pending proposals to determine whether any species is an endangered species or a threat- ened species, and (II) expeditious progress is being made to add qualified species to either of the lists published under subsection (c) and to remove from such lists species for which the protec- tions of this chapter are no longer necessary, in which case the Secretary shall promptly publish such finding in the Federal Register, together with a description and evaluation of the reasons and data on which the finding is based. (C)(i) A petition with respect to which a find- ing is made under subparagraph (B)(iii) shall be treated as a petition that is resubmitted to the Secretary under subparagraph (A) on the date of such finding and that presents substantial sci- entific or commercial information that the peti- tioned action may be warranted. (ii) Any negative finding described in subpara- graph (A) and any finding described in subpara- graph (B)(i) or (iii) shall be subject to judicial review. (iii) The Secretary shall implement a system to monitor effectively the status of all species Page 1915 TITLE 16—CONSERVATION § 1533 1 So in original. Probably should be paragraph ‘‘(7)’’. with respect to which a finding is made under subparagraph (B)(iii) and shall make prompt use of the authority under paragraph 7 1 to prevent a significant risk to the well being of any such species. (D)(i) To the maximum extent practicable, within 90 days after receiving the petition of an interested person under section 553(e) of title 5, to revise a critical habitat designation, the Sec- retary shall make a finding as to whether the petition presents substantial scientific informa- tion indicating that the revision may be war- ranted. The Secretary shall promptly publish such finding in the Federal Register. (ii) Within 12 months after receiving a petition that is found under clause (i) to present substan- tial information indicating that the requested revision may be warranted, the Secretary shall determine how he intends to proceed with the requested revision, and shall promptly publish notice of such intention in the Federal Register. (4) Except as provided in paragraphs (5) and (6) of this subsection, the provisions of section 553 of title 5 (relating to rulemaking procedures), shall apply to any regulation promulgated to carry out the purposes of this chapter. (5) With respect to any regulation proposed by the Secretary to implement a determination, designation, or revision referred to in subsection (a)(1) or (3), the Secretary shall— (A) not less than 90 days before the effective date of the regulation— (i) publish a general notice and the com- plete text of the proposed regulation in the Federal Register, and (ii) give actual notice of the proposed regu- lation (including the complete text of the regulation) to the State agency in each State in which the species is believed to occur, and to each county, or equivalent ju- risdiction in which the species is believed to occur, and invite the comment of such agen- cy, and each such jurisdiction, thereon; (B) insofar as practical, and in cooperation with the Secretary of State, give notice of the proposed regulation to each foreign nation in which the species is believed to occur or whose citizens harvest the species on the high seas, and invite the comment of such nation there- on; (C) give notice of the proposed regulation to such professional scientific organizations as he deems appropriate; (D) publish a summary of the proposed regu- lation in a newspaper of general circulation in each area of the United States in which the species is believed to occur; and (E) promptly hold one public hearing on the proposed regulation if any person files a re- quest for such a hearing within 45 days after the date of publication of general notice. (6)(A) Within the one-year period beginning on the date on which general notice is published in accordance with paragraph (5)(A)(i) regarding a proposed regulation, the Secretary shall publish in the Federal Register— (i) if a determination as to whether a species is an endangered species or a threatened spe- cies, or a revision of critical habitat, is in- volved, either— (I) a final regulation to implement such determination, (II) a final regulation to implement such revision or a finding that such revision should not be made, (III) notice that such one-year period is being extended under subparagraph (B)(i), or (IV) notice that the proposed regulation is being withdrawn under subparagraph (B)(ii), together with the finding on which such withdrawal is based; or (ii) subject to subparagraph (C), if a designa- tion of critical habitat is involved, either— (I) a final regulation to implement such designation, or (II) notice that such one-year period is being extended under such subparagraph. (B)(i) If the Secretary finds with respect to a proposed regulation referred to in subparagraph (A)(i) that there is substantial disagreement re- garding the sufficiency or accuracy of the avail- able data relevant to the determination or revi- sion concerned, the Secretary may extend the one-year period specified in subparagraph (A) for not more than six months for purposes of solic- iting additional data. (ii) If a proposed regulation referred to in sub- paragraph (A)(i) is not promulgated as a final regulation within such one-year period (or longer period if extension under clause (i) ap- plies) because the Secretary finds that there is not sufficient evidence to justify the action pro- posed by the regulation, the Secretary shall im- mediately withdraw the regulation. The finding on which a withdrawal is based shall be subject to judicial review. The Secretary may not pro- pose a regulation that has previously been with- drawn under this clause unless he determines that sufficient new information is available to warrant such proposal. (iii) If the one-year period specified in sub- paragraph (A) is extended under clause (i) with respect to a proposed regulation, then before the close of such extended period the Secretary shall publish in the Federal Register either a final regulation to implement the determination or revision concerned, a finding that the revision should not be made, or a notice of withdrawal of the regulation under clause (ii), together with the finding on which the withdrawal is based. (C) A final regulation designating critical habitat of an endangered species or a threatened species shall be published concurrently with the final regulation implementing the determina- tion that such species is endangered or threat- ened, unless the Secretary deems that— (i) it is essential to the conservation of such species that the regulation implementing such determination be promptly published; or (ii) critical habitat of such species is not then determinable, in which case the Sec- retary, with respect to the proposed regulation to designate such habitat, may extend the one- year period specified in subparagraph (A) by not more than one additional year, but not later than the close of such additional year the Secretary must publish a final regulation, based on such data as may be available at that Page 1916 TITLE 16—CONSERVATION § 1533 time, designating, to the maximum extent prudent, such habitat. (7) Neither paragraph (4), (5), or (6) of this sub- section nor section 553 of title 5 shall apply to any regulation issued by the Secretary in regard to any emergency posing a significant risk to the well-being of any species of fish or wildlife or plants, but only if— (A) at the time of publication of the regula- tion 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 regu- lation 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 Reg- ister. Any regulation promulgated under the au- thority of this paragraph shall cease to have force and effect at the close of the 240-day period following the date of publication unless, during such 240-day 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 sub- stantial 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 nec- essary or appropriate to carry out the purposes of this chapter 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 sum- mary 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 under- taken may adversely modify such habitat, or may be affected by such designation. (c) Lists (1) The Secretary of the Interior shall publish in the Federal Register a list of all species de- termined by him or the Secretary of Commerce to be endangered species and a list of all species determined by him or the Secretary of Com- merce to be threatened species. Each list shall refer to the species contained therein by sci- entific and common name or names, if any, specify with respect to each such species over what portion of its range it is endangered or threatened, and specify any critical habitat within such range. The Secretary shall from time to time revise each list published under the authority of this subsection to reflect recent de- terminations, designations, and revisions made in accordance with subsections (a) and (b). (2) The Secretary shall— (A) conduct, at least once every five years, a review of all species included in a list which is published pursuant to paragraph (1) and which is in effect at the time of such review; and (B) determine on the basis of such review whether any such species should— (i) be removed from such list; (ii) be changed in status from an endan- gered species to a threatened species; or (iii) be changed in status from a threat- ened species to an endangered species. Each determination under subparagraph (B) shall be made in accordance with the provisions of subsections (a) and (b). (d) Protective regulations Whenever any species is listed as a threatened species pursuant to subsection (c) of this sec- tion, the Secretary shall issue such regulations as he deems necessary and advisable to provide for the conservation of such species. The Sec- retary may by regulation prohibit with respect to any threatened species any act prohibited under section 1538(a)(1) of this title, in the case of fish or wildlife, or section 1538(a)(2) of this title, in the case of plants, with respect to en- dangered species; except that with respect to the taking of resident species of fish or wildlife, such regulations shall apply in any State which has entered into a cooperative agreement pursu- ant to section 1535(c) of this title only to the ex- tent that such regulations have also been adopt- ed by such State. (e) Similarity of appearance cases The Secretary may, by regulation of com- merce or taking, and to the extent he deems ad- visable, treat any species as an endangered spe- cies or threatened species even though it is not listed pursuant to this section if he finds that— (A) such species so closely resembles in ap- pearance, at the point in question, a species which has been listed pursuant to such section that enforcement personnel would have sub- stantial difficulty in attempting to differen- tiate between the listed and unlisted species; (B) the effect of this substantial difficulty is an additional threat to an endangered or threatened species; and (C) such treatment of an unlisted species will substantially facilitate the enforcement and further the policy of this chapter. (f) Recovery plans (1) The Secretary shall develop and implement plans (hereinafter in this subsection referred to as ‘‘recovery plans’’) for the conservation and survival of endangered species and threatened species listed pursuant to this section, unless he finds that such a plan will not promote the con- servation of the species. The Secretary, in devel- oping and implementing recovery plans, shall, to the maximum extent practicable— (A) give priority to those endangered species or threatened species, without regard to taxo- nomic classification, that are most likely to benefit from such plans, particularly those species that are, or may be, in conflict with construction or other development projects or other forms of economic activity; (B) incorporate in each plan— (i) a description of such site-specific man- agement actions as may be necessary to achieve the plan’s goal for the conservation and survival of the species; (ii) objective, measurable criteria which, when met, would result in a determination, in accordance with the provisions of this Page 1917 TITLE 16—CONSERVATION § 1533 section, that the species be removed from the list; and (iii) estimates of the time required and the cost to carry out those measures needed to achieve the plan’s goal and to achieve inter- mediate steps toward that goal. (2) The Secretary, in developing and imple- menting recovery plans, may procure the serv- ices of appropriate public and private agencies and institutions, and other qualified persons. Recovery teams appointed pursuant to this sub- section shall not be subject to chapter 10 of title 5. (3) The Secretary shall report every two years to the Committee on Environment and Public Works of the Senate and the Committee on Mer- chant Marine and Fisheries of the House of Rep- resentatives on the status of efforts to develop and implement recovery plans for all species listed pursuant to this section and on the status of all species for which such plans have been de- veloped. (4) The Secretary shall, prior to final approval of a new or revised recovery plan, provide public notice and an opportunity for public review and comment on such plan. The Secretary shall con- sider all information presented during the public comment period prior to approval of the plan. (5) Each Federal agency shall, prior to imple- mentation of a new or revised recovery plan, consider all information presented during the public comment period under paragraph (4). (g) Monitoring (1) The Secretary shall implement a system in cooperation with the States to monitor effec- tively for not less than five years the status of all species which have recovered to the point at which the measures provided pursuant to this chapter are no longer necessary and which, in accordance with the provisions of this section, have been removed from either of the lists pub- lished under subsection (c). (2) The Secretary shall make prompt use of the authority under paragraph 7 1 of subsection (b) of this section to prevent a significant risk to the well being of any such recovered species. (h) Agency guidelines; publication in Federal Register; scope; proposals and amendments: notice and opportunity for comments The Secretary shall establish, and publish in the Federal Register, agency guidelines to in- sure that the purposes of this section are achieved efficiently and effectively. Such guide- lines shall include, but are not limited to— (1) procedures for recording the receipt and the disposition of petitions submitted under subsection (b)(3) of this section; (2) criteria for making the findings required under such subsection with respect to peti- tions; (3) a ranking system to assist in the identi- fication of species that should receive priority review under subsection (a)(1) of this section; and (4) a system for developing and imple- menting, on a priority basis, recovery plans under subsection (f) of this section. The Secretary shall provide to the public notice of, and opportunity to submit written comments on, any guideline (including any amendment thereto) proposed to be established under this subsection. (i) Submission to State agency of justification for regulations inconsistent with State agency’s comments or petition If, in the case of any regulation proposed by the Secretary under the authority of this sec- tion, a State agency to which notice thereof was given in accordance with subsection (b)(5)(A)(ii) files comments disagreeing with all or part of the proposed regulation, and the Secretary issues a final regulation which is in conflict with such comments, or if the Secretary fails to adopt a regulation pursuant to an action peti- tioned by a State agency under subsection (b)(3), the Secretary shall submit to the State agency a written justification for his failure to adopt regulations consistent with the agency’s com- ments or petition. (Pub. L. 93–205, § 4, Dec. 28, 1973, 87 Stat. 886; Pub. L. 94–359, § 1, July 12, 1976, 90 Stat. 911; Pub. L. 95–632, §§ 11, 13, Nov. 10, 1978, 92 Stat. 3764, 3766; Pub. L. 96–159, § 3, Dec. 28, 1979, 93 Stat. 1225; Pub. L. 97–304, § 2(a), Oct. 13, 1982, 96 Stat. 1411; Pub. L. 100–478, title I, §§ 1002–1004, Oct. 7, 1988, 102 Stat. 2306, 2307; Pub. L. 108–136, div. A, title III, § 318, Nov. 24, 2003, 117 Stat. 1433; Pub. L. 117–286, § 4(a)(113), Dec. 27, 2022, 136 Stat. 4318.) Editorial Notes REFERENCES IN TEXT Reorganization Plan Numbered 4 of 1970, referred to in subsec. (a)(2), is Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, which is set out in the Appendix to Title 5, Government Organization and Em- ployees. This chapter, referred to in subsecs. (b)(4), (8), (e)(C), and (g)(1), was in the original ‘‘this Act’’, meaning Pub. L. 93–205, Dec. 28, 1973, 81 Stat. 884, known as the En- dangered Species Act of 1973, which is classified prin- cipally to this chapter. This chapter, referred to in sub- sec. (b)(3)(B)(iii)(II), was in the original ‘‘the Act’’ and was translated as if it read ‘‘this Act’’, to reflect the probable intent of Congress. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables. AMENDMENTS 2022—Subsec. (f)(2). Pub. L. 117–286 substituted ‘‘chap- ter 10 of title 5.’’ for ‘‘the Federal Advisory Committee Act.’’ 2003—Subsec. (a)(3). Pub. L. 108–136, § 318(a), des- ignated existing provisions as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respec- tively, and added subpar. (B). Subsec. (b)(2). Pub. L. 108–136, § 318(b), inserted ‘‘the impact on national security,’’ after ‘‘the economic im- pact,’’. 1988—Subsec. (b)(3)(C)(iii). Pub. L. 100–478, § 1002(a), added subcl. (iii). Subsec. (e). Pub. L. 100–478, § 1002(b), substituted ‘‘reg- ulation of commerce or taking,’’ for ‘‘regulation,’’ in introductory provisions. Subsec. (f). Pub. L. 100–478, § 1003, amended subsec. (f) generally. Prior to amendment, subsec. (f) read as fol- lows: ‘‘The Secretary shall develop and implement plans (hereinafter in this subsection referred to as ‘re- covery plans’) for the conservation and survival of en- dangered species and threatened species listed pursuant to this section, unless he finds that such a plan will not promote the conservation of the species. The Secretary, in developing and implementing recovery plans (1) Page 1918 TITLE 16—CONSERVATION § 1533 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 construc- tion or other developmental projects or other forms of economic activity, and (2) may procure the services of appropriate public and private agencies and institu- tions, and other qualified persons. Recovery teams ap- pointed pursuant to this subsection shall not be subject to the Federal Advisory Committee Act.’’ Subsecs. (g) to (i). Pub. L. 100–478, § 1004, added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively. 1982—Subsec. (a)(1). Pub. L. 97–304, § 2(a)(1)(B), (D), in- serted ‘‘promulgated in accordance with subsection (b)’’ after ‘‘shall by regulation’’ in introductory provi- sions preceding subpar. (A), and struck out provision following subpar. (E), which directed the Secretary, at the time regulations were proposed, to specify any habitat of a species considered to be a critical habitat but that such specification of critical habitats not apply to species listed prior to Nov. 10, 1978. Subsec. (a)(1)(A). Pub. L. 97–304, § 2(a)(1)(A), redesig- nated subpar. (1) as (A). Subsec. (a)(1)(B). Pub. L. 97–304, § 2(a)(1)(A), (C), redes- ignated subpar. (2) as (B) and substituted ‘‘rec- reational,’’ for ‘‘sporting,’’. Subsec. (a)(1)(C) to (E). Pub. L. 97–304, § 2(a)(1)(A), re- designated subpars. (3), (4), and (5) as (C), (D), and (E), respectively. Subsec. (a)(3). Pub. L. 97–304, § 2(a)(1)(E), added par. (3). Subsec. (b). Pub. L. 97–304, § 2(a)(2), completely re- vised subsec. (b) by, among other changes, requiring the Secretary to base determinations regarding the listing or delisting of species ‘‘solely’’ on the basis of the best scientific and commercial data available, streamlining the listing process by reducing the time periods for rulemaking, consolidating public meetings and hearing requirements, and establishing virtually identical procedures for the listing and delisting of spe- cies and for the designation of critical habitat, and al- tering the evidentiary standard which petitioners must satisfy to warrant a status review of the species pro- posed for listing or delisting. Subsec. (c)(1). Pub. L. 97–304, § 2(a)(3)(A), struck out ‘‘, and from time to time he may by regulation revise,’’ after ‘‘Federal Register’’ and inserted at end ‘‘The Sec- retary shall from time to time revise each list pub- lished under the authority of this subsection to reflect recent determinations, designations, and revisions made in accordance with subsections (a) and (b).’’ Subsec. (c)(2). Pub. L. 97–304, § 2(a)(3)(B), (C), redesig- nated par. (4) as (2). Former par. (2), directing the Sec- retary, within 90 days of the receipt of the petition of an interested person under section 553(e) of title 5, to conduct and publish in the Federal Register a review of the status of any listed or unlisted species proposed to be removed from or added to either of the lists pub- lished pursuant to paragraph (1) of this subsection, but only if he made and published a finding that such per- son had presented substantial evidence which in his judgment warranted such a review, was struck out. Subsec. (c)(3). Pub. L. 97–304, § 2(a)(3)(B), struck out par. (3) which had provided that any list in effect on Dec. 27, 1973, of species of fish or wildlife determined by the Secretary of the Interior, pursuant to the Endan- gered Species Conservation Act of 1969, to be threat- ened with extinction be republished to conform to the classification for endangered species or threatened spe- cies, as the case might be, provided for in this chapter, but until such republication, any such species so listed was to be deemed an endangered species within the meaning of this chapter, and that the republication of any species pursuant to this paragraph did not require public hearing or comment under section 553 of title 5. Subsec. (c)(4). Pub. L. 97–304, § 2(a)(3)(C), redesignated par. (4) as (2). Subsec. (d). Pub. L. 97–304, § 2(a)(4)(A), substituted ‘‘section 1535(c) of this title’’ for ‘‘section 1535(a) of this title’’. Subsec. (f). Pub. L. 97–304, § 2(a)(4)(B), (C), (D), redes- ignated subsec. (g) as (f) and substituted ‘‘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, particu- larly those species that are, or may be, in conflict with construction or other developmental projects or other forms of economic activity, and (2)’’ for ‘‘recovery plans,’’. Former subsec. (f), relating to the promulga- tion of regulations, was struck out. Subsec. (g). Pub. L. 97–304, § 2(a)(4)(C), (E), redesig- nated subsec. (h) as (g), substituted reference to sub- section (b)(3) of this section for reference to subsection (c)(2) of this section in par. (1), substituted ‘‘under sub- section (a)(1) of this section’’ for ‘‘for listing’’ in par. (3), and substituted ‘‘subsection (f) of this section’’ for ‘‘subsection (g) of this section’’ in par. (4). Former sub- sec. (g) redesignated (f). Subsec. (h). Pub. L. 97–304, § 2(a)(4)(C), (F), added sub- sec. (h) and redesignated former subsec. (h) as (g). 1979—Subsec. (b)(1). Pub. L. 96–159, § 3(1), required the Secretary’s determinations to be preceded with a re- view of the status of the species. Subsec. (f)(2)(B)(i). Pub. L. 96–159, § 3(2), required pub- lication of summary of text rather than of the com- plete text of proposed regulation specifying any critical habitat and inclusion of a map of the proposed critical habitat. Subsec. (f)(2)(B)(iv)(II). Pub. L. 96–159, § 3(3), sub- stituted ‘‘if requested within 15 days after the date on which the public meeting is conducted,’’ for ‘‘if re- quested,’’. Subsec. (f)(2)(C). Pub. L. 96–159, § 3(4), (5), inserted in introductory text ‘‘, subsection (b)(4) of this section,’’; and in cl. (ii), included reference to significant risk to wellbeing of any species of plants, inserted in item (II) reference to regulation applicable to resident species of plants, extended the statutory period to a ‘‘240-day pe- riod’’ from a ‘‘120-day period’’, and provided for with- drawal of an emergency regulation without substantial evidence to warrant it, respectively. Subsec. (h). Pub. L. 96–159, § 3(6), added subsec. (h). 1978—Subsec. (a)(1). Pub. L. 95–632, § 11(1), inserted provision requiring the Secretary, at the time a regula- tion is proposed, to specify by regulation any habitat of the species involved which is considered a critical habi- tat providing the species was listed subsequent to Nov. 10, 1978. Subsec. (b)(4). Pub. L. 95–632, § 11(7), added par. (4). Subsec. (c)(1). Pub. L. 95–632, § 11(2), struck out ‘‘and shall’’ after ‘‘if any’’ and inserted ‘‘, and specify any critical habitat within such range’’ after ‘‘endangered or threatened’’. Subsec. (c)(2). Pub. L. 95–632, § 11(6), substituted ‘‘within 90 days of the receipt of’’ for ‘‘upon’’ and ‘‘con- duct and publish in the Federal Register a review of the status of’’ for ‘‘conduct a review of’’ and inserted a pro- vision requiring that the review and findings be made and published prior to initiation of any procedures under subsec. (b)(1) of this section. Subsec. (c)(4). Pub. L. 95–632, § 11(3), added par. (4). Subsec. (f)(2)(A). Pub. L. 95–632, § 11(4)(A), substituted ‘‘Except as provided in subparagraph (B), in’’ for ‘‘In’’. Subsec. (f)(2)(B), (C). Pub. L. 95–632, § 11(4)(B), (C), added subpar. (B), redesignated former subpar. (B) as (C), and as so redesignated, substituted ‘‘Neither sub- paragraph (A) or (B)’’ for ‘‘Neither subparagraph (A)’’. Subsec. (f)(3). Pub. L. 95–632, § 13, substituted ‘‘a sum- mary by the Secretary of the data on which such regu- lation is based and shall show the relationship of such data to such regulations’’ for ‘‘a statement by the Sec- retary of the facts on which such regulation is based and the relationship of such facts to such regulation’’. Subsec. (f)(4), (5). Pub. L. 95–632, § 11(4)(D), added pars. (4) and (5). Subsec. (g). Pub. L. 95–632, § 11(5), added subsec. (g). 1976—Subsec. (f)(2)(B)(ii). Pub. L. 94–359 substituted ‘‘subsection (b)(1)(A)’’ for ‘‘subsection (b)(A), (B), and (C)’’. Page 1919 TITLE 16—CONSERVATION § 1535 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Pub. L. 97–304, § 2(b), Oct. 13, 1982, 96 Stat. 1416, pro- vided that: ‘‘(1) Any petition filed under section 4(c)(2) of the En- dangered Species Act of 1973 [subsec. (c)(2) of this sec- tion] (as in effect on the day before the date of the en- actment of this Act [Oct. 13, 1982]) and any regulation proposed under section 4(f) of such Act of 1973 [subsec. (f) of this section] (as in effect on such day) that is pending on such date of enactment [Oct. 13, 1982] shall be treated as having been filed or proposed on such date of enactment under section 4(b) of such Act of 1973 [sub- sec. (b) of this section] (as amended by subsection (a)); and the procedural requirements specified in such sec- tion 4(b) [subsec. (b) of this section] (as so amended) re- garding such petition or proposed regulation shall be deemed to be complied with to the extent that like re- quirements under such section 4 [this section] (as in ef- fect before the date of the enactment of this Act) were complied with before such date of enactment. ‘‘(2) Any regulation proposed after, or pending on, the date of the enactment of this Act [Oct. 13, 1982] to des- ignate critical habitat for a species that was deter- mined before such date of enactment to be endangered or threatened shall be subject to the procedures set forth in section 4 of such Act of 1973 [this section] (as amended by subsection (a)) for regulations proposing revisions to critical habitat instead of those for regula- tions proposing the designation of critical habitat. ‘‘(3) Any list of endangered species or threatened spe- cies (as in effect under section 4(c) of such Act of 1973 [subsec. (c) of this section] on the day before the date of the enactment of this Act [Oct. 13, 1982]) shall re- main in effect unless and until determinations regard- ing species and designations and revisions of critical habitats that require changes to such list are made in accordance with subsection (b)(5) of such Act of 1973 [subsec. (b)(5) of this section] (as added by subsection (a)). ‘‘(4) Section 4(a)(3)(A) of such Act of 1973 [subsec. (a)(3)(A) of this section] (as added by subsection (a)) shall not apply with respect to any species which was listed as an endangered species or a threatened species before November 10, 1978.’’ ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treat- ed as referring to Committee on Resources of House of Representatives in case of provisions relating to fish- eries, wildlife, international fishing agreements, ma- rine affairs (including coastal zone management) ex- cept for measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. § 1534. Land acquisition (a) Implementation of conservation program; au- thorization of Secretary and Secretary of Ag- riculture The Secretary, and the Secretary of Agri- culture with respect to the National Forest Sys- tem, shall establish and implement a program to conserve fish, wildlife, and plants, including those which are listed as endangered species or threatened species pursuant to section 1533 of this title. To carry out such a program, the ap- propriate Secretary— (1) shall utilize the land acquisition and other authority under the Fish and Wildlife Act of 1956, as amended [16 U.S.C. 742a et seq.], the Fish and Wildlife Coordination Act, as amended [16 U.S.C. 661 et seq.], and the Migra- tory Bird Conservation Act [16 U.S.C. 715 et seq.], as appropriate; and (2) is authorized to acquire by purchase, do- nation, or otherwise, lands, waters, or interest therein, and such authority shall be in addi- tion to any other land acquisition authority vested in him. (b) Availability of funds for acquisition of lands, waters, etc. Funds made available pursuant to chapter 2003 of title 54 may be used for the purpose of acquir- ing lands, waters, or interests therein under sub- section (a) of this section. (Pub. L. 93–205, § 5, Dec. 28, 1973, 87 Stat. 889; Pub. L. 95–632, § 12, Nov. 10, 1978, 92 Stat. 3766; Pub. L. 113–287, § 5(d)(32), Dec. 19, 2014, 128 Stat. 3267.) Editorial Notes REFERENCES IN TEXT The Fish and Wildlife Act of 1956, as amended, re- ferred to in subsec. (a)(1), is act Aug. 8, 1956, ch. 1036, 70 Stat. 119, which is classified generally to sections 742a to 742d and 742e to 742j–2 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 742a of this title and Tables. The Fish and Wildlife Coordination Act, as amended, referred to in subsec. (a)(1), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c–1 of this title. For complete classification of this Act to the Code, see section 661(a) of this title, Short Title note set out under section 661 of this title, and Tables. The Migratory Bird Conservation Act, referred to in subsec. (a)(1), is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, which is classified generally to subchapter III (§ 715 et seq.) of chapter 7 of this title. For complete classifica- tion of this Act to the Code, see section 715 of this title and Tables. AMENDMENTS 2014—Subsec. (b). Pub. L. 113–287 substituted ‘‘chapter 2003 of title 54’’ for ‘‘the Land and Water Conservation Fund Act of 1965, as amended,’’. 1978—Subsec. (a). Pub. L. 95–632, among other changes in text preceding par. (1), inserted reference to the Sec- retary of Agriculture with respect to the National For- est System and substituted the establishment and im- plementation of a plan to conserve plants for the estab- lishment and implementation of a plan to conserve plants which were concluded in Appendices to the Con- vention. § 1535. Cooperation with States (a) Generally In carrying out the program authorized by this chapter, the Secretary shall cooperate to the maximum extent practicable with the States. Such cooperation shall include consulta- tion with the States concerned before acquiring any land or water, or interest therein, for the purpose of conserving any endangered species or threatened species. (b) Management agreements The Secretary may enter into agreements with any State for the administration and man-