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<br />002504 <br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp... <br /> <br />Page 13 of 44 <br /> <br />accordance with this Act, he shall enter into a cooperative agreement with the State <br />for the purpose of assisting in implementation of the State program. In order for a <br />State program to be deemed an adequate and active program for the conservation of <br />endangered species of plants and threatened species of plants, the Secretary must <br />find, and annually thereafter reconfirm such finding, that under the State program- <br />(A) authority resides in the State agency to conserve resident species of plants <br />determined by the State agency or the Secretary to be endangered or threatened; <br />(B) the State agency has established acceptable conservation programs, consistent <br />with the purposes and policies of this Act, for all resident species of plants in the <br />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 all 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 of resident species of plants; and <br />(D) provision is made for public participation in designating resident species of plants <br />as endangered or threatened; or that under the State prograrn- <br />(i) the requirements set forth in subparagraphs (C) and (D) of this paragraph are <br />complied with, and <br />(ii) plans are included under which immediate attention will be given to those <br />resident species of plants which are determined by the Secretary or the State agency <br />to be endangered or threatened and which the Secretary and the State agency agree <br />are most urgently in need of conservation programs; except that a cooperative <br />agreement entered into with a State whose program is deemed adequate and active <br />pursuant to clause (i) and this clause shall not affect the applicability of prohibitions <br />set forth in or authorized pursuant to section 4(d) or section 9(a)(1) with respect to the <br />taking of any resident endangered or threatened species. <br /> <br />(d) ALLOCATION OF FUNDS.- <br />(I) The Secretary is authorized to provide financial assistance to any State, through <br />its respective State agency, which has entered into a cooperative agreement pursuant <br />to subsection (c) of this section to assist in development of programs for the <br />conservation of endangered and threatened species or to assist in monitoring the <br />status of candidate species pursuant to subparagraph (C) of section 4(b)(3) and <br />recovered species pursuant to section 4(g). The Secretary shall allocate each annual <br />appropriation made in accordance with the provisions of subsection (i) of this section <br />to such States based on consideration of- <br />(A) the international commitments of the United States to protect endangered species <br />or threatened species; <br />(B) the readiness of a State to proceed with a conservation program consistent with <br />the objectives and purposes of this Act; <br />(C) the number of endangered species and threatened species within a State; <br />(D) the potential for restoring endangered species and threatened species within a <br />State; <br />(E) the relative urgency to initiate a program to restore and protect an endangered <br />species or threatened species in terms of survival of the species; <br />(F) the importance of monitoring the status of candidate species within a State to <br />prevent a significant risk to the well being of any such species; and <br /> <br />http://www.fws.gov/-r9endspp/esa.html <br /> <br />9/30/97 <br />