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<br />. ~.. \I <br />OD25J7 <br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp... <br /> <br />Page 16 of44 <br /> <br />programs in furtherance of the purposes of this Act. All other Federal agencies shall, <br />in consultation with and with the assistance of the Secretary, utilize their authorities <br />in furtherance of the purposes of this Act by carrying out programs for the <br />conservation of endangered species and threatened species listed pursuant to section <br />4 of this Act. <br />(2) Each Federal agency shall, in consultation with and with the assistance of the <br />Secretary, insure that any action authorized, funded, or carried out by such agency <br />(hereinafter in this section referred to as an "agency action") is not likely to <br />jeopardize the continued existence of any endangered species or threatened species or <br />result in the destruction or adverse modification of habitat of such species which is <br />detennined by the Secretary, after consultation as appropriate with affected States, to <br />be critical, unless such agency has been granted an exemption for such action by the <br />Committee pursuant to subsection (h) of this section. In fulfilling the requirements of <br />this paragraph each agency shall use the best scientific and commercial data available. <br />(3) Subject to such guidelines as the Secretary may establish, a Federal agency shall <br />consult with the Secretary on any prospective agency action at the request of, and in <br />cooperation with, the prospective pennit or license applicant if the applicant has <br />reason to believe that an endangered species or a threatened species may be present in <br />the area affected by his project and that implementation of such action will likely <br />affect such species. <br />(4) Each Federal agency shall confer with the Secretary on any agency action which <br />is likely to jeopardize the continued existence of any species proposed to be listed <br />under section 4 or result in the destruction or adverse modification of critical habitat <br />proposed to be designated for such species. This paragraph does not require a <br />limitation on the commitment ofresources as described in subsection (d). <br /> <br />(b) OPINION OF SECRETARY.- <br />(l)(A) Consultation under subsection (a)(2) with respect to any agency action shall be <br />concluded within the 90-day period beginning on the date on which initiated or, <br />subject to subparagraph (B), within such other period of time as is mutually agreeable <br />to the Secretary and the Federal agency; <br />(B) in the case of an agency action involving a pennit or license applicant, the <br />Secretary and the Federal agency may not mutually agree to conclude consultation <br />within a period exceeding 90 days unless the Secretary, before the close of the 90th <br />day referred to in subparagraph (A)- <br />(i) if the consultation period proposed to be agreed to will end before the 150th day <br />after the date on which consultation was initiated, submits to the applicant a written <br />statement setting forth- <br />(I) the reasons why a longer period is required; <br />(II) the infonnation that is required to complete the consultation; and <br />(III) the estimated date on which consultation will be completed; or <br />(ii) if the consultation period proposed to be agreed to will end ISO or more days after <br />the date on which consultation was initiated, obtains the consent of the applicant to <br />such period. The Secretary and the Federal agency may mutually agree to extend a <br />consultation period established under the preceding sentence if the Secretary, before <br />the close of such period, obtains the consent of the applicant to the extension. <br />(2) Consultation under subsection (a)(3) shall be concluded within such period as is <br /> <br />http://www.fws.gov/-r9endspp/esa.html <br /> <br />9/30/97 <br />