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<br />0025:;3 <br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp... <br /> <br />Page 12 of 44 <br /> <br />provisions of section 401 of the Act of June 15, 1935 (49 Stat. 383; 16 U.S.C. 715s). <br /> <br />(c)(1) COOPERATIVE AGREEMENTS.-In furtherance of the purposes of this Act, <br />the Secretary is authorized to enter into a cooperative agreement in accordance with <br />this section with any State which establishes and maintains an adequate and active <br />program for the conservation of endangered species and threatened species. Within <br />one hundred and twenty days after the Secretary receives a certified copy of such a <br />proposed State program, he shalI make a determination whether such program is in <br />accordance with this Act. Unless he determines, pursuant to this paragraph, that the <br />State program is not in accordance with this Act, he shalI enter into a cooperative <br />agreement with the State for the purpose of assisting in implementation of the State <br />program. In order for a State program to be deemed an adequate and active program <br />for the conservation of endangered species and threatened species, the Secretary must <br />find, and annualIy thereafter reconfirm such finding, that under the State program- <br />(A) authority resides in the State agency to conserve resident species of fish or <br />wildlife determined by the State agency or the Secretary to be endangered or <br />threatened; <br />(B) the State agency has established acceptable conservation programs, consistent <br />with the purposes and policies of this Act, for alI resident species of fish or wildlife in <br />the State which are deemed by the Secretary to be endangered or threatened, and has <br />furnished a copy of such plan and program together with alI pertinent details, <br />information, and data requested to the Secretary; <br />(C) the State agency is authorized to conduct investigations to determine the status <br />and requirements for survival ofresident species offish and wildlife; <br />(D) the State agency is authorized to establish programs, including the acquisition of <br />land or aquatic habitat or interests therein, for the conservation of resident <br />endangered or threat- ened species of fish or wildlife; and <br />(E) provision is made for public participation in designating resident species of fish <br />or wildlife as endangered or threatened, or that under the State program- <br />(i) the requirements set forth in paragraphs (3), (4), and (5) of this subsection are <br />complied with, and <br />(ii) plans are included under which immediate attention wilI be given to those <br />resident species offish and wildlife which are determined by the Secretary or the <br />State agency to be endangered or threatened and which the Secretary and the State <br />agency agree are most urgently in need of conservation programs; except that a <br />cooperative agreement entered into with a State whose program is deemed adequate <br />and active pursuant to clause (i) and this clause and this subparagraph shall not affect <br />the applicability of prohibitions set forth in or authorized pursuant to section 4(d) or <br />section 9(a)(1) with respect to the taking of any resident endangered or threatened <br />species. <br />(2) In furtherance of the purposes of this Act, the Secretary is authorized to enter into <br />a cooperative agreement in accordance with this section with any State which <br />establishes and maintains an adequate and active program for the conservation of <br />endangered species and threatened species of plants. Within one hundred and twenty <br />days after the Secretary receives a certified copy of such a proposed State program, <br />he shalI make a determination whether such program is in accordance with this Act. <br />Unless he determines, pursuant to this paragraph, that the State program is not in <br /> <br />http://www.fws.gov/-r9endspp/esa.html <br /> <br />9/30/97 <br />