16 U.S.C. § 1534 — Land acquisition

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-