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<br />.' . <br /> <br />0025:15 <br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp... <br /> <br />Page 14 of44 <br /> <br />(G) the importance of monitoring the status ofrecovered species within a State to <br />assure that such species do not return to the point at which the measures provided <br />pursuant to this Act are again necessary. <br />So much of the annual appropriation made in accordance with provisions of <br />subsection (i) of this section allocated for obligation to any State for any fiscal year as <br />remains unobligated at the close thereof is authorized to fie made available to that <br />State until the close of the succeeding fiscal year. Any amount allocated to any State <br />which is unobligated at the end of the period during which it is available for <br />expenditure is authorized to be made available for expenditure by the Secretary in <br />conducting programs under this section. <br />(2) Such cooperative agreements shall provide for- <br />(A) the actions to be taken by the Secretary and the States; <br />(B) the benefits that are expected to be derived in connection with the conservation of <br />endangered or threatened species; <br />(C) the estimated cost of these actions; and <br />(D) the share of such costs to be borne by the Federal Government and by the States; <br />except that- <br />(i) the Federal share of such program costs shall not exceed 75 percent of the <br />estimated program cost stated in the agreement; and <br />(ii) the Federal share may be increased to 90 percent whenever two or more States <br />having a common interest in one or more endangered or threatened species, the <br />conservation of which may be enhanced by cooperation of such States, enter jointly <br />into agreement with the Secretary. <br />The Secretary may, in his discretion, and under such rules and regulations as he may <br />prescribe, advance funds to the State for financing the United States pro rata share <br />agreed upon in the cooperative agreement. For the purposes of this section, the <br />non-Federal share may, in the discretion of the Secretary, be in the fonn of money or <br />real property, the value of which will be detennined by the Secretary whose decision <br />shall be final. <br /> <br />(e) REVIEW OF STATE PROGRAMS.-Any action taken by the Secretary under this <br />section shall be subject to his periodic review at no greater than annual intervals. <br /> <br />(t) CONFLICTS BETWEEN FEDERAL AND STATE LA WS.-Any State law or <br />regulation which applies with respect to the importation or exportation of, or <br />interstate or foreign commerce in, endangered species or threatened species is void to <br />the extent that it may effectively <br />(I) permit what is prohibited by this Act of by any regulation which implements this <br />Act, or <br />(2) prohibit what is authorized pursuant to an exemption or pennit provided for in <br />this Act or in any regulation which implements this Act. This Act shall not otherwise <br />be construed to void any State law or regulation which is intended to conserve <br />migratory, resident, or introduced fish or wildlife, or to pennit or prohibit sale of such <br />fish or wildlife. Any State law or regulation respecting the taking of an endangered <br />species or threatened species may be more restrictive than the exemptions or pennits <br />provided for in this Act or in any regulation which implements this Act but not less <br />restrictive than the prohibitions so defined. <br /> <br />http://www . fws.gov /-rgendspp/esa.html <br /> <br />9/30/97 <br />